Restorative Justice

at post-sentencing level supporting and protecting victims

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 RESTORATIVE MEETINGS IN PRISON BETWEEN VICTIMS AND CONVICTED OFFENDERS OF TERRORISM CRIMES

(Translation of Abstract: M. Lourdes Fernandez Manzano)

Esther Pascual Rodríguez

 

For two years I have developed, along with other colleagues, an experience of reconciliation. We deal with restorative encounters, face to face between victims of ETA and people who belonged to this terrorist organization and murdered. We have worked in fourteen restorative meetings. It is a concrete experience, small, seemingly insignificant, but which, besides being necessary, goes to show that there is of great importance in the field of interpersonal and social conflicts peacemaking. We talked about the small size because we are not involved in the political management, necessary, essential and full of interest. Neither are we involved in the legal / judicial intervention which it is also necessary to achieve justice, allowing establishment of formal and public recognition of the crime, or politically and socially tagging each participant. The purpose of this paper focuses on describing and reflecting on the method we used to carry out this experience, which has been aimed to reduce, or eventually overcome the pain, suffering and emotions of similar nature that fill the life of those who suffered the very serious crimes, with irreparable losses, and those who committed them; to take solid steps in the construction of peace and overcoming deepest personal wounds.

For this purpose we used an instrument whose efficiency has been recognized internationally in the field of restorative justice in criminal matters: The restorative encounter.  It represents a communication process that rests on the responsibility and autonomy of the participants, based on the experience of otherness, communication, reciprocity and shared humanity. It is a process that has words and listening as its tools and ultimately: dialogue. These dialogues could be between the victim of a crime and its perpetrator, but also between victims and “non direct” perpetrators, that is, between people who have suffered from terrorist violence and those who have participated in it. The collective element, the organization, in which all members have a collective responsibility, as well as the individual, for the suffering inflicted on the whole, because both victims and victimizers have this perception, gives "indirect encounters“ real content that goes beyond the merely symbolic meaning and is comparable to " direct encounters ". Only in those cases where it is possible, and the parties consider it is appropriate, we proceed to the restorative encounter between the victim of the crime and who was its direct perpetrator. In addition to the requirement that the people involved are psychologically prepared, there is no doubt that these meetings demand two conditions: First, a definitive and unconditional absence of interpersonal violence that once was used by the offenders and second the assurance by the offenders that this violence will not happen again. Besides, it is necessary that the administration of justice continues fulfilling its function consisting in that the truths regarding the violence are sought, and finally, in addition to being a restorative itinerary that is individualized and personalized, be a process sincere and honest, with absence of different, latent, purposes.

Esther Pascual Rodriguez is a mediator in penal matters (both pre and post sentencing) since 2005. She belongs to the Association of Conflict mediation and peace of Madrid. The association participated in the first mediation experience in prison settings, in the Prison Valdemoro-Madrid III, in conflicts between prisoners and a project which was supported by the Service of Planning and Analysis of the Judicial General Council of Spain, in the context of mediation experiences in the different procedural criminal phases: Investigation, trial and execution of sentence. She works as a criminal lawyer and has a PhD in criminal law, having written her thesis about mediation in the penal system. She is also the author of numerous publications related to mediation, and a conflict management and mediation trainer.

 

RESTORATIVE MEETINGS IN PRISON BETWEEN VICTIMS AND CONVICTED OFFENDERS OF TERRORISM CRIMES

By Esther Pascual Rodríguez

For two years I have developed, along with other colleagues, an experience of reconciliation. We deal with restorative encounters, face to face between victims of ETA and people who belonged to this terrorist organization and murdered. We have worked in fourteen restorative meetings. It is a concrete experience, small, seemingly insignificant, but which, besides being necessary, goes to show that there is of great importance in the field of interpersonal and social conflicts peacemaking. We talked about the small size because we are not involved in the political management, necessary, essential and full of interest. Neither are we involved in the legal / judicial intervention which it is also necessary to achieve justice, allowing establishment of formal and public recognition of the crime, or politically and socially tagging each participant. The purpose of this paper focuses on describing and reflecting on the method we used to carry out this experience, which has been aimed to reduce, or eventually overcome the pain, suffering and emotions of similar nature that fill the life of those who suffered the very serious crimes, with irreparable losses, and those who committed them; to take solid steps in the construction of peace and overcoming deepest personal wounds.

For this purpose we used an instrument whose efficiency has been recognized internationally in the field of restorative justice in criminal matters: The restorative encounter. It represents a communication process that rests on the responsibility and autonomy of the participants, based on the experience of otherness, communication, reciprocity and shared humanity. It is a process that has words and listening as its tools and ultimately: dialogue. These dialogues could be between the victim of a crime and its perpetrator, but also between victims and “non direct” perpetrators, that is, between people who have suffered from terrorist violence and those who have participated in it. The collective element, the organization, in which all members have a collective responsibility, as well as the individual, for the suffering inflicted on the whole, because both victims and victimizers have this perception, gives "indirect encounters“ real content that goes beyond the merely symbolic meaning and is comparable to " direct encounters ". Only in those cases where it is possible, and the parties consider it is appropriate, we proceed to the restorative encounter between the victim of the crime and who was its direct perpetrator. In addition to the requirement that the people involved are psychologically prepared, there is no doubt that these meetings demand two conditions: First, a definitive and unconditional absence of interpersonal violence that once was used by the offenders and second the assurance by the offenders that this violence will not happen again. Besides, it is necessary that the administration of justice continues fulfilling its function consisting in that the truths regarding the violence are sought, and finally, in addition to being a restorative itinerary that is individualized and personalized, be a process sincere and honest, with absence of different, latent, purposes.

 


With the financial support from the Criminal Justice Programme of the European Union. The contents of this publication are the sole responsibilty of "Schleswig-Holsteinischer Verband für soziale Strafrechtpflege; Straffälligen- und Opferhilfe e.V" and can in no way be taken to refect the views of the European Commission.