Introduction to Restorative Justice

Introduction to Restorative Justice

• Restorative justice is an experience that creates a different way of doing justice through the encounter with the other who creates conflict.
• It involves building bridges between people, creating peace, and making contact with the enemy.

Examples of Restorative Justice

• Israel vs. Palestine: claiming land as their own, creating division, and the need for bridges to be built.
• South Africa: one land for several peoples, with different languages and cultures, requiring bridges to be built.

Methods of Conflict Resolution

• Contentious judicial methods: third-person decision-maker, no collaboration between parties, and coercion.
• Transactional negotiation methods: agreement through exchange, no third-party involvement, and appeal to convenience.
• Responsive restorative methods: equal model, parties act on behavioral precept, recognition of offense, and future commitment.

Images of Justice

• The figure of the scales with the sword and the band over his eyes is a common image, but contentious judicial methods are poor in imagination.
• Palazzo di Giustizia in Milan: courthouse with artworks that speak of justice and 'crushing' authority.

Restorative Justice in Practice

• European Union's 'Victims Directive': defines restorative justice and guarantees victims access to restorative justice programmes.
• UN Doha Declaration on the culture of legality: justice entered into the United Nations human development goals (SDGs) through four themes.
• Restorative justice is the justice of the encounter, not of the reparation of the crime, and requires voluntary and free membership.

Restorative Justice Process

• Restorative justice process begins with a referral of the case, followed by preliminary individual interviews with the mediators, and then a restorative justice program (circle, conferences, mediations).
• The process involves creating a safe environment, informing the parties about the process, and discussing the rules and repercussions.
• It ends with a shared commitment to repair the harm caused and make future commitments.

Restorative Justice Meeting

• The meeting starts with a personal narration of what happened, followed by a discussion of what happened before the offense.
• The narration of the experience is important as it opens up the discussion of values, respect, and recognition of the offense.
• The meeting ends with a shared commitment to repair and make future commitments.

Cases Suitable for Restorative Justice

• Restorative justice is best used in cases involving a relationship between the parties, such as family, acquaintances, school, or work.
• It is also suitable for serious offenses with an impact on the community, such as crimes against life, physical integrity, or symbolic values.

International Principles of Restorative Justice

• According to international sources, restorative justice should be voluntary, free, accessible, confidential, and flexible.
• It should also be impartial, independent, and reasonable, with a focus on the acknowledgment of facts and restorative outcomes.
• The judge plays a crucial role in ensuring due process and fairness towards the victim and the offender.

Italian Law and Restorative Justice

• The Italian Law 134 of 2021 states that the organic discipline of restorative justice should comply with the victim's directive and international principles.
• However, Italy has not fully implemented the directive, and its laws focus on the concept of the "person offended" rather than the "victim".
• The laws have also limited the scope of restorative justice to mediation, and have not provided adequate protection for victims.

Victim Protection

• The victim's directive aims to protect victims from repeated victimization, intimidation, and secondary victimization.
• It also ensures that victims are treated with dignity, sensitivity, and respect, and that they have access to information and support.
• However, the implementation of the directive has raised concerns about the expansion of coercive measures and the use of force to protect potential victims.

The Victim in the Re-educational Treatment

• Art. 47 (1975) and Art. 176 of the penal code on probation and sure repentance aim to promote restorative justice, where the victim's attitude is evaluated.
• The Vallanzaska case is an example of the problematic judgment, where meeting the victim in mediation is not enough, and repentance is required.

Historical Development of Restorative Justice

• Art. 21 on work outside responded to the inhuman conditions in prisons to reduce overcrowding, but it has worked poorly, making families assume prisoners work for free to gain freedom.
• The Cartabia Reform Law 134/2021 aims to introduce legislative decrees in judicial reform, focusing on restorative justice, victim support, and offender rehabilitation.

Restorative Justice Programmes

• The programme grants access to restorative justice at every stage and level of proceedings without limits, with respect to the seriousness of the offence, at the initiative of the judicial authority.
• Restorative justice is used in post-conflict situations and peacebuilding to promote constructive peace and justice.

Restorative Diplomacy and Peacebuilding

• There are different ways to emerge from a conflict situation, including ceasefire, armistice, and constructive peace.
• Restorative diplomacy and peacebuilding involve rebuilding trust,.links, and community, and can be achieved through top-down or grassroots diplomacy.
• Top-down diplomacy is done by authorities and may not work, while grassroots diplomacy is done by cooperators and mediators and can be more effective.

Memory and Justice

• Memory and justice are closely linked, and remembering is a way to do justice.
• The theme of remembrance is a dilemmatic one, with ethical conflicts, architectural, and political issues.
• The European Day of Remembrance of the Righteous of Humanity has been recognized since 2012.

The Righteous and Justice

• The concept of the righteous is not limited to Jews, but includes anyone who helps the enemy, risking their own lives.
• The Court of Good decides who to give the honour to, and remembering is a way to do justice.
• Examples of remembering and doing justice include the Auschwitz Album, the Holocaust Memorial in Paris, and the Stones of Stumbling.

Places of Memory

• Places of memory are places of chiaroscuro, and monuments should be designed without triumphalism, generating curiosity or fascination.
• Examples of artistic representations of memory include Jenny Holzer's installations and Doris Salsedo's counter-monuments.
• The documentary Austerlitz raises questions about the right way to approach memory and monuments.

National Unity and Reconciliation Act

• The National Unity and Reconciliation Act in South Africa established the TRC (Truth and Reconciliation Commission) to promote justice and unity after separation.
• The TRC was set up with three committees: Human Rights Committee, Amnesty Committee, and Rehabilitation Committee.
• The Amnesty Committee granted 900 amnesties out of 7000 requests, and the TRC worked until 2002.