http://www.law.kuleuven.be/linc/

RESTORATIVE JUSTICE RELATED RESEARCH AT THE LEUVEN INSTITUTE OF CRIMINOLOGY

2000 - 2011

Research Line ‘Restorative Justice’ - January 2011 -

KATHOLIEKE UNIVERSITEIT

LEUVEN

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Introduction Within the Leuven Institute of Criminology (LINC), research is organised around 10 research lines. One of these is the „Restorative justice‟ research line, grouping more than 20 researchers doing different types of research on various aspects of restorative justice. This is done in close cooperation with some other research lines, such as „Youth criminology, „Offenders, sentencing and penal measures‟, „Victims and victim policies‟, „Political crimes, human rights and human security‟ and „Organised crime, drugs and terrorism‟. The interest of Leuven criminologists for restorative justice stems from the late 1980s, when research on juvenile delinquency and on the needs of victims and their position in criminal justice procedures guided them into a new and innovative direction. From the early 1990s, various action oriented research projects were set up, focusing on new intervention models such as victim-offender mediation for serious crimes, family group conferences and restorative justice in prisons. Later, doctoral research projects dealt with restorative justice related issues. Moreover, members of the Leuven group took the lead in establishing international organisations and networks in this domain, including the European Forum for Restorative Justice and the international Network for Research on Restorative Justice. A number of restorative justice research projects within LINC is explicitly practice and policy oriented, at a national or international level. Other projects focus on more fundamental and theoretical questions. However, special attention is always paid to the interrelation between restorative justice theory and practice. Through empirical research and direct participation, the field of restorative justice not only offers a particular fertile soil for the cross-fertilisation of theory and practice, but also provides, via a process of ongoing redefinition of crime and its responses, unique opportunities for criminological research from an interdisciplinary perspective. In Spring 2007, the following research domains and topics were defined within the „Restorative justice‟ research line: a. Regulation and institutionalisation

i. Relation to criminal justice ii. Legislation iii. Policies at national and local level (implementation, organisation, function mediators or

facilitators, …) iv. Community involvement and role of public opinion v. International policies and cooperation

b. Fields of application (scope) i. Conventional crimes ii. Political crimes and collective violence iii. Terrorism and organised crime iv. Economic crimes v. Schools and other educational settings vi. Prisons vii. Community mediation

c. Internal dynamics (micro-processes) (i.e. psychological and social processes in mediation or conferencing)

i. Processes ii. Effects iii. The role of emotions

d. Socio-ethical and legal-theoretical foundations of restorative justice The current and recently concluded research projects briefly described on the following pages are presented along these research domains. These domains and topics will be developed further by well focused high-standard research during the coming years. The creation of a larger, internationally oriented research group is under preparation.

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Members of the ‘Restorative justice’ research line:

Ivo Aertsen (co-ordinator)

Ivo Aertsen is a professor at the Leuven Institute of Criminology. He holds degrees of psychology and law from the same university. His main fields of research and teaching are Victimology, Penology and Restorative Justice. His PhD thesis (2001) focused on the relation of victim-offender mediation to criminal justice. Dr. Aertsen has been chair of the European Forum for Restorative Justice from 2000-2004, and has co-ordinated COST Action A21 on Restorative Justice research in Europe from 2002-2006. He is Editorial Board member of several journals and is involved in various practice and policy oriented partnerships. He has acted as expert for the U.N., the Council of Europe, the OSCE and the European Union. He is closely involved with the Secretariat of the European Forum in Leuven and is offering support to the various research projects run by the Forum.

More information: http://www.law.kuleuven.be/linc/english/staff/ivoaertsen.html

Daniel Achutti

Daniel Achutti is a PhD-researcher at the Pontifícia Universidade Católica do Rio Grande do Sul (Porto Alegre, Brasil), and an International Scholar at the Leuven Institute of Criminology for the period between December 2010 and June 2011. He holds a Bachelor‟s degree in Law and a Master‟s degree in Criminal Sciences, both from the mentioned University in Brasil. In his country, he develops a professional career as a Criminal Lawyer, and is an active member of the Bar Association of Brasil (Rio Grande do Sul section), where he supports the project House of Mediation. At the same time, he is Assistant Professor at the Faculdade Cenecista de Osório (Osório, Brasil), where he teaches Criminology, Penal Law and Penal Procedure. At the moment, he works on the study “Restorative Justice as a possibility for establishing a less violent rationality into criminal justice in Brasil”, which attempts to understand the role of Restorative Justice for the establishment of a minimum criminal law, and the way how it could decrease damages tovictims and offenders.

More information: http://buscatextual.cnpq.br/buscatextual/visualizacv.jsp?id=K4711986E3&idiomaExibicao=2

Daniela Bolivar Daniela Bolivar is a PhD-researcher at the Leuven Institute of Criminology. She holds degrees in Psychology and Community-Psychology from the Catholic University of Chile. In her country, she developed a professional career in the context of victim-support services from both outside and inside the criminal justice system. At the same time, she gave lectures and did supervisions on the topic of victimology at Universidad Católica de Chile and Universidad de Valparaíso, among others. At the moment, she works on the study “Victim-offender mediation and victim‟s restoration: A victimological study in the context of Restorative Justice”, which attempts to describe and understand the role of mediation in victims‟ recovery.

More information: http://www.law.kuleuven.be/linc/english/staff/danielabolivar.html

Isabella Bueno Isabelle Bueno is a researcher at the Leuven Institute of Criminology. She obtained a master in International Law at the University of Sorbonne in 2003. Since 2008 she is working on a research project on Mass Victimization and Restorative Justice in Colombia. The aim of this research project is to deepen our understanding with regard to the applicability of restorative justice principles in a transitional justice context of ongoing conflict. More information: http://www.law.kuleuven.be/linc/english/staff/isabellabueno.html Johan Deklerck Prof. Dr. Johan Deklerck is doctor in criminological sciences, and connected to the Leuven Institute of Criminology since 1994. His domains of expertise are fundamental criminological theory, prevention and security, juvenile delinquency, restorative justice and mediation. He conducted many research projects in these fields, and he realised a long list of publications. At present he is concentrating on school education

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and problem behaviour, and on redress after serious crime. He is a frequently asked speaker in Belgium and abroad. He is also connected to the „European Master in Mediation‟, Institut Universitaire K. Boesch, Sion, Switzerland, and the „Master en Médiation‟, Université du Luxembourg.

More information: http://www.law.kuleuven.be/linc/english/staff/johandeklerck.html Vicky De Mesmaecker Vicky De Mesmaecker is a PhD-researcher at the Leuven Institute of Criminology. She obtained a master in Criminology (2006) and a master in International Relations and Conflict Management (2007) at the Catholic University of Leuven. Since September 2007 she works on a study titled “Sentencing and judicial decision making from a restorative justice perspective: the perception of justice in court trials”, investigating the relationship between restorative justice and procedural justice. Besides these research activities, she has published and has given lectures about ways to increase public support for restorative justice and about victim impact statements. At the Law Faculty, she is a representative of the teaching assistants and PhD-researchers and a member of the doctoral committee.

More information: http://www.law.kuleuven.be/linc/english/staff/vickydemesmaecker.html Johan Goethals Prof. dr. J. Goethals obtained degrees in Psychology (1972) and Criminology (1974) at the Catholic University of Leuven. His doctoral dissertation (1979) concerned the psychological effects of imprisonment. Prof. Goethals has been teaching methodology of criminological research, penology and criminological psychology at the Catholic University of Leuven. He also taught at several police academies. At LINC, Prof. Goethals has been the coordinator of the research line „Offenders, sentencing and penal measures‟. His research concerns the topics of imprisonment, recidivism, internment, measurement of feelings of (un)safety, sentencing, sexual delinquency and fear of crime. Prof. Goethals has served as an expert to a parliamentary committee on harmful sectarian organisations and several other advisory committees and working groups, such as the High Council for Prison Policy and the Ministerial working group on Internment. He is an acting member of the Center for Information and Advice regarding Harmful Sectarian Organisations.

More information: http://www.law.kuleuven.be/linc/english/staff/johangoethals.html David Gustafson Dave Gustafson is Co-Director of Fraser Region Community Justice Initiatives Association (CJI) in Langley, British Columbia, Canada. Considered one of Canada‟s pioneering and pre-eminent agencies, CJI‟s restorative program models run the spectrum from Educating for Peacebuilding in schools to prison based programmes dealing with the most serious offenses in the Criminal Code. Since its inception in 1990, Dave has overseen the development of the latter, the Victim Offender Mediation Programme (VOMP), a therapeutically informed model designed for use in crimes of severe violence. Dave is currently working on completing his doctorate at Katholieke Universiteit Leuven. His dissertation, entitled “Encountering „The Other‟: Victim Offender Dialogue in Serious Crime”, involves a case-study approach, with a particular view to analysing “What is going on?” in programme processes. Dave is also Adjunct Professor in the School of Criminology at Simon Fraser University, and a psychotherapist in private practice.

More information: http://www.cjibc.org/index.html Frank Hutsebaut Frank Hutsebaut is a professor at the Leuven Institute of Criminology. He obtained a PhD degree (1980) in law on The role of experts in the criminal justice system. His main fields of research and teaching are criminal law, criminal procedure, police studies, private safety and security and victim assistance. He published several articles and has given many lectures on victim assistance by the police. During three years he has been the President of the Belgian National Forum for Victim Policy. He is an Editorial Board member of several journals. Since June 2009 he is appointed by the Flemish government as Special Commissioner for victim assistance for victims of road traffic

More information: http://www.law.kuleuven.be/linc/english/staff/frankhutsebaut.html

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Katrien Lauwaert Katrien Lauwaert studied law and criminology at the Catholic University of Leuven, l‟Université Catholique de Louvain (Louvain-la Neuve), the Rijksuniversiteit Leiden and the American University (Washington D.C.). She worked as an assistant and researcher at the Leuven Institute for Criminology from 1995 to 1999. In 1999 she moved to the Faculty of Law of the University of Maastricht where she was a lecturer in criminology and criminal procedure and obtained her PhD, which explored procedural guarantees in restorative justice. In 2008 she became a lecturer at the Ecole de Criminologie of the Université de Liège, where she teaches restorative justice, victimology and criminological perspectives on juvenile delinquency. Her research has focused mainly on restorative justice, victimological issues and community sanctions. Katrien Lauwaert is chair of the non-profit organisation Suggnomè, which organises victim-offender mediation for adult offenders and their victims in Flanders and Brussels, and was actively involved in the creation of the European Forum for Restorative Justice.

More information: http://www.law.kuleuven.be/linc/english/staff/katrienlauwaert.html Nathalie Lauwers Nathalie Lauwers studied Criminology at the Catholic University of Leuven. In 2009 she started working as a teaching assistant at the Leuven Institute of Criminology. Besides her educational tasks she is involved in a research project from the Belgian Centre for Equal Opportunities and Opposition to Racism. The study focuses on an analysis of the possible role of mediation and other community oriented measures when dealing with hate crime and different types of discrimination (racism, homophobia and others). Since October 2010 Nathalie is preparing a PhD-proposal in the field of Penology.

More information: http://www.law.kuleuven.be/linc/english/staff/nathalielauwers.html Karolien Mariën Karolien Mariën is a criminologist. She has been working as a restorative justice adviser in a Belgian prison. After that she worked for the central psycho-social service: a service within the Belgian Ministry of Justice that supports and assists the people working with prisoners on the preparation of their reintegration in community. Now she is the executive officer of the European Forum for Restorative Justice.

More information: ▪ http://www.law.kuleuven.be/linc/english/staff/karolienmarien.html ▪ www.euforumrj.org

Brunilda Pali Brunilda Pali is a researcher and a PhD candidate at the Leuven Institute of Criminology. She has been working for two years in the European Forum for Restorative Justice on a project on building social support for restorative justice, which investigated ways to work with the media, civil society and citizens in the area of restorative justice. Currently she works on a project on mediation in cases of international child abduction, which aims at creating a European training for family mediators and trainers. She is also doing a PhD on ethics and restorative justice. Brunilda has studied Psychology in the University of Bosphorus in Istanbul, Gender Studies in the Central European University in Budapest and Cultural Studies in Bilgi University in Istanbul. She has lectured at the University of New York in Tirana and worked in the Albanian Foundation for Conflict Resolution. Her main research areas and interests are gender, restorative justice, psychoanalysis, social justice, and critical theory.

More information: ▪ http://www.law.kuleuven.be/linc/english/staff/brunildapali.html Stephan Parmentier Stephan Parmentier studied law, political science and sociology at the K.U.Leuven (Belgium), and sociology and conflict resolution at the Humphrey Institute for Public Affairs of the University of Minnesota-Twin Cities (U.S.A.). He currently teaches sociology of crime, law and human rights at the Faculty of Law of the K.U.Leuven, and served as the Head of its Department of Criminal Law and Criminology (2005-2009). Stephan Parmentier has served as an advisor to the European Committee for the Prevention of Torture, the Belgian Minister of the Interior, the King Baudouin Foundation, and Amnesty International. Between 1999-2002 he was the vice-chairman of the Flemish section of Amnesty International. His research interests include political crimes, transitional justice and human rights, and the administration of criminal justice.

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More information: http://www.law.kuleuven.be/linc/english/staff/stephanparmentier.html Tony Peters Tony Peters is Emeritus Professor at the Catholic University of Leuven. He holds a Ph.D. in Criminology (1976), a Licentiate in Social Sciences (1965) and a Licentiate in Criminology (1969). Professor Peters has been teaching at the Catholic University of Leuven in the domains of general criminology, victimology, penology and criminal policy. His research and publications are covering several fields of criminology: corrections, sentencing and community sanctions (1970-1985); victimology and victimisation in relation with violent crime (1986-1993); victim-offender mediation, restorative justice, corrections and restorative justice (1993-2000). Tony Peters has been Visiting professor at the universities of Montréal, Edinburgh, San Sebastian, Las Palmas and Porto. He is the former director of the M.A. in European Criminology at the Catholic University of Leuven (1997-2004) and was President of the Scientific Commission of the International Society of Criminology (1998-2003). In March 2009, he received the degree of Doctor Honoris Causa from the Basque University (Universidad del Pais Vasco) in Spain. Dr. Peters has been the President of the International Society of Criminology from 2006 to 2010.

More information: http://www.law.kuleuven.be/linc/leden/tonypeters.html Tinneke Van Camp Tinneke Van Camp is a PhD student at the School of Criminology at the University of Montreal, Canada. In 2001 she obtained a master‟s degree in Criminology at the Catholic University of Leuven. She has worked as a researcher at the Catholic University of Leuven, at the Belgian National Institute of Criminal Sciences and Criminology and at the International Centre for Comparative Criminology at the University of Montreal. Since 2005 she is an affiliated researcher at the Leuven Institute of Criminology. She has published and presented on topics related to restorative justice and to the standing of victims in the criminal justice system. Her PhD research concerns the role of restorative justice for victims of violent crime.

More information: http://www.law.kuleuven.be/linc/english/staff/tinnekevancamp.html Inge Vanfraechem Dr. Inge Vanfraechem works as a researcher on a project of the European Forum for Restorative Justice (funded by the European Commission) with regard to 'Victims and restorative justice'. Previously, she worked as a researcher at the National Institute of Criminal Sciences and Criminology, federal Ministry of Justice in Belgium, on the evaluation of victim policy in Belgium (2007-2010). Her main research interests include victimology, restorative justice and youth delinquency. Inge Vanfraechem obtained her PhD in Criminology at the Catholic University of Leuven on the topic of Family group conferencing for serious youth delinquency (June 2006). She has been the vice-chair of the European Forum for Restorative Justice (2006-2011), after having been the chair of its Research Committee (2000-2006). She is a member of the Editorial Board of the Flemish-Dutch Journal of Restorative Justice.

More information: ▪ http://www.law.kuleuven.be/linc/english/staff/ingevanfraechem.html ▪ www.euforumrj.org ▪ www.nicc.fgov.be Leo Van Garsse Leo Van Garsse obtained his Master in pedagogy at the Catholic University of Leuven in 1981. He worked as a social worker in prison after-care (1979 -1982) and in a half-way house for young offenders (1982-1987). Since 1987 he is actively involved in the practice and the implementation of several applications of victim-offender mediation in Flanders. From 1998 on he was employed by “Suggnomè, Forum for Mediation and Restorative Justice”, an umbrella-organisation for the promotion of Restorative Justice in Flanders. Leo Van Garsse was closely involved in the preparation of a draft of a law on victim-offender mediation, finally approved in Belgian parliament in 2005. Currently, Leo Van Garsse is connected to the Ghent University, Department of social welfare studies, where he‟s working on a research on the developments in the field of „forensic social work‟ in Flanders. He is also connected to the University of Leuven as affiliated researcher within LINC.

More information: http://www.law.kuleuven.be/linc/english/staff/leovangarsse.html

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Sandra Voet Sandra Voet studied law at the Facultés Universitaires Saint-Louis, Katholieke Universiteit Brussel and Université Libre de Bruxelles. She has been working as a case manager at Child Focus, the Foundation for missing and sexually exploited children, dealing with disappearance and international child abduction cases. She is currently working as a researcher at the Leuven Institute of Criminology, on a project on mediation in cases of international child abduction, which aims at creating an European training for family mediators and trainers.

More information: http://www.law.kuleuven.be/linc/english/staff/sandravoet.html Lode Walgrave Lode Walgrave is Emeritus Professor in Criminology at the K.U.Leuven (Belgium), where he taught Youth Criminology and Theoretical Criminology. He has been a founding member and chair of the International Network for Research on Restorative Justice and of the International Association for Criminology of Youth. Lode Walgrave has given guest lectures and conferences in Australia, Brazil, Canada, China, New Zealand, Peru, South Africa, U.S.A., and in most European countries. He published around 250 articles or book chapters, more than 40 research reports, and 19 books (9 as editor) in Dutch, his mother tongue, in English and French. Translations are made in German, Portuguese, Russian, Korean and Chinese. His recent book Walgrave, L. (2008), Restorative Justice, Self-Interest and responsible Citizenship, Cullompton: Willan Publishing, can be considered the culmination of his vision for restorative justice. In 2008, Lode Walgrave received the ESC European Criminology Award.

More information: http://www.law.kuleuven.be/linc/english/staff/lodewalgrave.html Estelle Zinsstag Estelle Zinsstag is currently a research officer at the European Forum for Restorative Justice, where she is working on a project funded by the European Commission entitled „Conferencing: a way forward for restorative justice in Europe‟. She is also a senior research affiliate at LINC – KU Leuven, where she publishes in the fields of sexual violence against women, transitional justice and restorative justice. In recent years she completed a PhD at the School of Law, Queen‟s University Belfast, UK. She also graduated from the University of Edinburgh, UK with an MSc in politics and from the Université Paul Valéry, Montpellier III, France. She has held positions as research assistant in the school of politics and as teaching assistant both at undergraduate and postgraduate levels at the school of law, Queen‟s University Belfast. She has done voluntary work for Amnesty International, UK, Zentrum fuer Integrative Psychiatrie, Germany and is currently involved with the Brussels ad hoc working group on violence against women in conflict (VAWIC).

More information: ▪ http://www.law.kuleuven.be/linc/english/staff/estellezinsstag.html ▪ www.euforumrj.org

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Published books on restorative justice by LINC members (since 2000):

Aertsen, I., Arsovska, J., Rohne, H.-G., Valiñas, M. and Vanspauwen, K. (Eds.) (2008). Restoring justice after large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinan case. Cullompton: Willan Publishing.

Aertsen, I. (2004). Slachtoffer-daderbemiddeling: een onderzoek naar de ontwikkeling van een herstelgerichte strafrechtsbedeling. Leuven: Leuven University Press.

Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M. (2004). Rebuilding Community Connections – Mediation and restorative justice in Europe. Strasbourg: Council of Europe Publishing. French translation: Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M. (2004). Renouer les liens sociaux – Médiation et justice réparatrice en Europe. Strasbourg : Editions du Conseil de l‟Europe.

Aertsen, I., Daems, T. and Robert, L. (eds.) (2006). Institutionalizing Restorative Justice. Cullompton: Willan Publishing.

Achutti, D. (2009). Modelos Contemporâneos de Justiça Criminal. Justiça terapêutica, instantânea e restaurativa. Porto Alegre: Livraria do Advogado.

Claes, E., Foqué, R. and Peters, T. (eds.) (2005). Punishment, Restorative Justice and the Morality of Law. Antwerpen: Intersentia.

Claes, E., Deklerck, J., Marchal, A. and Put, J. (eds.) (2008). Herstel en jeugd: nu in het (r)echt. Brugge: Die Keure.

De Feyter, K., Parmentier, S., Bossuyt, M. and Lemmens, P. (eds.) (2005). Out of the ashes: reparation for victims of gross and systematic human rights violations. Antwerpen: Intersentia.

Dupont, L. and Hutsebaut, F. (eds.) (2001). Herstelrecht tussen toekomst en verleden. Liber Amicorum Tony Peters. Leuven: Leuven University Press.

European Forum for Victim-Offender Mediation and Restorative Justice (ed.) (2000). Victim-Offender Mediation in Europe. Making Restorative Justice Work. Leuven: Leuven University Press.

Fattah, E. and Parmentier, S. (eds.) (2001). Victim Policies and Criminal Justice on the Road to Restorative Justice. A collection of essays in honour of Tony Peters. Leuven: Leuven University Press.

Glazewski, J., van der Spuy, E., Parmentier, S. and Dissel, A. (2007). Restorative justice: politics, policies and prospects. Cape Town: Juta.

Lauwaert, K. (2009). Herstelrecht en procedurele waarborgen. Antwerpen: Maklu. Lemonne, A., Vanfraechem, I. and Vanneste, C. (2008). Onderzoeksproject met betrekking tot de evaluatie

van de voorzieningen ten behoeve van slachtoffers van inbreuken. Brussel: Nationaal Instituut voor Criminalistiek en Criminologie.

Letschert, R., Staiger, I. and Pemberton, A. (2010). Assisting victims of terrorism. Towards a European standard of justice. New York: Springer.

Mackay, R., Bošnjak, M., Deklerck, J., Pelikan, C., van Stokkom, B. and Wright, M. (eds.) (2007). Images of restorative justice theory. Frankfurt am Main: Verlag für Polizeiwissenschaft.

Miers, D. and Aertsen, I. (eds.) (2011). Regulating Restorative Justice. A comparative analysis of legal provisions in European countries. Frankfurt am Main: Verlag für Polizeiwissenschaft. (forthcoming).

Miers, D. and Willemsens, J. (eds.) (2004). Mapping Restorative Justice – Developments in 25 European Countries. Leuven: European Forum for Victim-Offender Offender Mediation and Restorative Justice.

Vanacker, J. (ed.) (2002), Herstel en detentie. Hommage aan Prof. Dr. Tony Peters. Brussel: Politeia. Van Camp, T., Van Win, T., Aertsen, I., Daeninck, Ph., Hodiaumont, F. and Malempré, H. (Promotors

Parmentier, S., Peters, T. and Kellens, G.) (2004). Vademecum herstelrecht en gevangenis. Gent: Academia Press. French translation: Hodiaumaont, F., Malempré, H., Aertsen, I., Daeninck Ph., Van Camp, T. and Van Win, T. (Direction: Parmentier, S., Peters, T. and Kellens, G.) (2004). Vade-mecum justice réparatrice en prison. Gent: Academia Press.

Vanfraechem, I. (2006). Herstelgericht groepsoverleg. Brugge: die keure. Vanfraechem, I., Aertsen, I. & Willemsens, J. (eds.), Restorative justice realities. Empirical research in a

European context, Den Haag: Eleven International Publishing, 2010. Walgrave, L. (2000). Met het oog op herstel. Leuven: Leuven University Press. Walgrave, L. (ed.) (2002). Restorative Justice and the Law. Cullompton: Willan Publishing. Walgrave, L. (ed.) (2003). Repositioning Restorative Justice. Cullompton: Willan Publishing. Walgrave, L. (2008). Restorative justice, self-interest and responsible citizenship. Cullompton: Willan

Publishing. Walgrave, L. and Vettenburg, N. (2006). Herstelgericht groepsoverleg. Nieuwe wegen in de aanpak van

jeugddelinquentie en tuchtproblemen. Leuven: Lannoocampus. Weitekamp, E.G.M. and Kerner, H.-J. (eds) (2002). Restorative Justice. Theoretical Foundations.

Cullompton: Willan Publishing.

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Weitekamp, E.G.M. and Kerner, H.-J. (eds) (2003). Restorative Justice in Context. International practice and directions. Cullompton: Willan Publishing.

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RESEARCH TOPICS AND PROJECTS Overview of completed and ongoing projects

REGULATION AND INSTITUTIONALISATION ...............................................................................................................10

MEETING THE CHALLENGES OF INTRODUCING VICTIM-OFFENDER MEDIATION IN CENTRAL AND EASTERN EUROPE ................................. 10 RESTORATIVE JUSTICE: AN AGENDA FOR EUROPE – PART 1. MEETING THE CHALLENGES OF INTRODUCING RESTORATIVE JUSTICE IN

SOUTHERN EUROPE ............................................................................................................................................................ 11 RESTORATIVE JUSTICE: AN AGENDA FOR EUROPE - PART 2. EUROPEAN UNION POLICIES AND REGULATION .......................................... 12 EXPLORING THE DESIRABILITY AND FEASIBILITY OF RESTORATIVE JUSTICE IN THE CHINESE LEGAL SYSTEM .............................................. 13 PROMOTING THE PRACTICE OF VICTIM-OFFENDER MEDIATION - TURKEY ....................................................................................... 14 RESTORATIVE JUSTICE VS JUVENILE DELINQUENCY: THE BALTIC STATES IN EUROPEAN DIMENSION .................................................... 15 SENTENCING AND JUDICIAL DECISION MAKING FROM A RESTORATIVE JUSTICE PERSPECTIVE: THE PERCEPTION OF JUSTICE IN COURT TRIALS . 16 WORKING TOWARDS THE CREATION OF EUROPEAN TRAINING MODELS FOR PRACTITIONERS AND LEGAL PRACTITIONERS IN RELATION TO

RESTORATIVE JUSTICE PRACTICES ........................................................................................................................................... 17 VICTIM-OFFENDER MEDIATION WITH JUVENILE OFFENDERS IN EUROPE ......................................................................................... 18 BUILDING SOCIAL SUPPORT FOR RESTORATIVE JUSTICE ............................................................................................................... 19 CONFERENCING: A WAY FORWARD FOR RESTORATIVE JUSTICE IN EUROPE ...................................................................................... 20

FIELDS OF APPLICATION (SCOPE) ...............................................................................................................................21

DEVELOPING STANDARDS FOR ASSISTANCE TO VICTIMS OF TERRORISM .......................................................................................... 21 LINKEDNESS ...................................................................................................................................................................... 22 FAMILY GROUP CONFERENCES IN SCHOOLS ............................................................................................................................. 23 CONFERENCING FOR SERIOUS JUVENILE DELINQUENCY ............................................................................................................... 24 MASS VICTIMIZATION AND RESTORATIVE JUSTICE. IN SEARCH FOR THE POSSIBILITIES TO APPLY RESTORATIVE JUSTICE PRINCIPLES IN THE

CONTEXT OF DEALING WITH THE PAST. CASE STUDY SOUTH AFRICA .............................................................................................. 25 MASS VICTIMIZATION AND RESTORATIVE JUSTICE. IN SEARCH OF THE POSITION OF RESTORATIVE JUSTICE IN AN INTEGRATED APPROACH TO

MASS VICTIMIZATION IN POST-CONFLICT SITUATIONS. CASE STUDIES IN BOSNIA-HERZEGOVINA AND SERBIA ........................................ 26 MEDIATION AT POLICE LEVEL ................................................................................................................................................ 27 RESTORATIVE JUSTICE IN PRISON (PROJECT HERSTELGERICHTE DETENTIE) ..................................................................................... 28 MEDIATION AND RESTORATIVE JUSTICE IN PRISON SETTINGS ...................................................................................................... 29 MASS VICTIMIZATION AND RESTORATIVE JUSTICE IN COLOMBIA: PATHWAYS TOWARDS PEACE AND RECONCILIATION? ......................... 30 MEDIATION AND COMMUNITY ORIENTED MEASURES IN CASES OF HATE CRIME AND DISCRIMINATION.................................................. 31 TRAINING IN INTERNATIONAL FAMILY MEDIATION .................................................................................................................... 32

INTERNAL DYNAMICS (MICRO-PROCESSES) ...............................................................................................................33

VICTIM-OFFENDER MEDIATION AND VICTIM’S REPARATION. A VICTIMOLOGICAL STUDY IN THE CONTEXT OF RESTORATIVE JUSTICE ............ 33 DESISTANCE FROM CRIME: COGNITIVE PROCESSES AT WORK IN SPONTANEOUS ADULT DESISTANCE, WITH SPECIAL ATTENTION TO THE EFFECTS

OF RESTORATIVE JUSTICE PRINCIPLES ...................................................................................................................................... 34 RESTORATIVE JUSTICE AND CRIME PREVENTION ........................................................................................................................ 35 VICTIMS AND RESTORATIVE JUSTICE: AN EMPIRICAL STUDY OF THE NEEDS, EXPERIENCES AND POSITION OF VICTIMS WITHIN RESTORATIVE

JUSTICE PRACTICES ............................................................................................................................................................. 36

SOCIAL-ETHICAL AND LEGAL-THEORETICAL FOUNDATIONS OF RESTORATIVE JUSTICE ..............................................37

THE DEVELOPMENT OF A THEORETICAL FRAME FOR ‘RESTORATIVE JUSTICE’ FROM AN ETHICAL AND SOCIAL PERSPECTIVE ......................... 37 PUNISHMENT AND SENTENCING IN A CONSTITUTIONAL DEMOCRACY ............................................................................................. 38 IMPOSSIBLE BUT NECESSARY: A STUDY ON THE ETHICS OF RESTORATIVE JUSTICE ............................................................................. 39

Restorative Justice related research 2000-2011 - 10

REGULATION AND INSTITUTIONALISATION

Meeting the challenges of introducing victim-offender mediation in Central and Eastern Europe

Project information

Researcher: Borbala Fellegi

Supervisor: Ivo Aertsen

Co-supervisor: Jolien Willemsens

Period: 1 December 2003 - 30 November 2005

Funding: AGIS 2003 programme of the European Commission - Directorate General for Justice and Home Affairs

Description research project The general objective of the project was to realise, in two years, an effective support to the development of restorative justice in Central and Eastern European countries (CEE).

The specific objectives of the project were:

to study, at the conceptual and practical level, what the possibilities are for implementing restorative justice in CEE given their specific political, economical, cultural and legal background.

to discuss how the experience in Western European countries can inform and support the development of restorative justice in CEE.

to prepare strategies for promoting the development of an integrated policy concerning restorative justice in CEE.

to actively work towards creating dynamics for exchange and co-operation (networking) between CEE in this field.

to discuss what Western European countries can learn from the developments in criminal justice in CEE.

to study what can be learned from the previous points in terms of policy development concerning restorative justice at the level of the European Union.

This was approached by discussing how the experience in Western European countries could inform and support the development of restorative justice in CEE countries, by preparing strategies for promoting the development of an integrated restorative justice policy in CEE, and by creating a dynamic exchange and co-operation between CEE (networking). But also Western European countries have much to learn from the options taken in CEE, which was also discussed during the project. During the project two expert meetings and two seminars for restorative justice practitioners, policy makers, legal practitioners and researchers from different Western, Central and Eastern European countries were organised.

The first expert meeting concentrated on the current situation in Central and Eastern Europe. The second expert meeting built on the first one and looked into what can concretely be done to give an impetus to the policy developments around restorative justice in CEE. The first seminar coincided with the third conference of the European Forum for Restorative Justice, and served to bring the Western and the Eastern experts together. The second seminar presented the results of the project and was an opportunity to discuss how the conclusions and recommendations of the project can be used in a practical way.

At the end of the two years a final publication was written which brings together and analyses the information collected during the entire project (Fellegi, 2004).

Relevant publications - Fellegi, B., Meeting the Challenges of Introducing Victim-Offender Mediation in Central and Eastern Europe, Final

Report JAI/2003/AGIS/088, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w., 2004.

- Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M., Rebuilding community connections – mediation and restorative justice in Europe, Strasbourg, Council of Europe Publishing, 2004.

- Miers, D. and Willemsens, J. (eds.), Mapping Restorative Justice – Developments in 25 European Countries, Leuven, European Forum for Victim-Offender.

Restorative Justice related research 2000-2011 - 11

Restorative justice: an agenda for Europe – Part 1. Meeting the challenges of introducing restorative justice in Southern Europe

Project information

Researcher: Clara Casado Coronas

Supervisor: Ivo Aertsen

Period: 1 June 2006 - 31 May 2008

Funding: AGIS 2006 programme of the European Commission Directorate General for Justice, Freedom and Security

Description research project The general objective of the project „Restorative justice: and agenda for Europe‟ was to realise an effective support to the development of restorative justice in the South of Europe (part 1), and, on the other hand, to research what could be the potential role of the European institutions in the further development of restorative justice in the whole of the European Union (part 2). Part 1 of the project was concerned with „Meeting the challenges of introducing restorative justice in Southern Europe‟. The countries of this European region that were involved in this project are Greece, Italy, Malta, Portugal, Spain and Turkey.

The specific objectives of part 1 of the project were:

studying, at the legal-conceptual and practical level, the possibilities for implementing restorative justice in Southern European countries;

discussing how the experience in the rest of Europe could inform and support the development of restorative justice in Southern Europe;

preparing strategies for promoting the development of an integrated policy concerning restorative justice in Southern Europe;

actively working towards creating dynamics for exchange and co-operation (networking) between Southern European countries in this field;

discussing what countries in the rest of Europe can learn from the developments in criminal justice in Southern Europe.

Problem definition The introduction of restorative justice and the implementation of practices like victim-offender mediation are lagging behind in the South of Europe compared to the rest of Europe. Although important steps were taken in Spain and Italy, and more recently in Portugal, there is a considerable need to intensify the exchange of knowledge and experiences with the rest of Europe in order to close this gap and make sure that European citizens have equal or at least similar access to mediation in all of Europe.

Research questions Several factors could be at the basis of this asymmetrical development, for example the existing – legalistic – culture in some Southern countries. What are others factors, and how can these dealt with? Which are features common to all Southern European countries and which are not? What kind of strategies need to be devised to promote the development of an integrated policy concerning restorative justice in Southern Europe? How can networking between Southern European countries in this field be improved?

Relevant publications - Casado Coronas, C. (2008). Restorative justice: an agenda for Europe. Supporting the implementation of restorative

justice in the South of Europe. Final Report JLS/2006/AGIS/147, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w. (available at: www.euforumrj.org)

Restorative Justice related research 2000-2011 - 12

Restorative Justice: an agenda for Europe - Part 2. European Union policies and regulation

Project information

Researcher: Jolien Willemsens

Supervisor: Ivo Aertsen

Period: 1 June 2006 - 31 May 2008

Funding: AGIS 2006 programme of the European Commission Directorate General for Justice, Freedom and Security

Description research project The general objective of the project was to research what could be the potential role of the European institutions in the further development of restorative justice in the whole of the European Union to identify whether there is a need for further regulation about restorative justice at the level of the EU.

The specific objectives were:

analysing the existing legislation on the national level in all EU Member States;

making an overview of the existing international regulations;

exploring the main needs at national level which could have implications for EU policies;

studying whether these needs require specific regulation or other initiative at the level of the European Union;

studying whether there is a legal basis and whether it is opportune to actually regulate these issues at the level of the European Union;

discussing the concrete forms, instruments and the content of the EU policies that are required. The instruments in this project were:

a steering group „EU policies‟, formed by the project supervisor and representatives of three partner institutions (Cardiff Law School, Max Planck Institute for Foreign and International Criminal Law, ERA Academy of European Law). Their main task was to support and evaluate the work of the researcher. They devised the strategy and methodology of the research and supervised the writing of the final publication.

staff: two people were working on this project. Jolien Willemsens was acting as project coordinator and researcher and Leni Sannen was the project assistant and was in charge of the administrative tasks ensuing from the project.

In the course of the project, the steering group met twice. In addition, one seminar and one final conference were organised, together with part one of the project: meeting the challenges of introducing victim-offender mediation in Southern Europe.

Relevant publications - Willemsens, J. (2008). Restorative justice: an agenda for Europe. The role of the European Union in the further

development of restorative justice. Final Report JLS/2006/AGIS/147, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w. (available at: www.euforumrj.org)

Restorative Justice related research 2000-2011 - 13

Exploring the desirability and feasibility of restorative justice in the Chinese Legal System Project information

Researcher: Chen Mo

Supervisor: Ivo Aertsen

Co-supervisor: Lode Walgrave

Period: 29 January 2005 - 29 January 2010

Funding: Self-funding

Description research project The research consists of two parts.

1. The first part is purely theoretical, and sharpens the problem under consideration.

In a first chapter the current Chinese criminal justice system will be described and specified. The Chinese penal system will be analysed as it is functioning now, and difficulties and undesirable side effects will be discussed. The need for a fundamental reform is advanced, and the potential of restorative inspirations will be suggested.

A second chapter explores the potential of the restorative justice track. It will describe its essentials. Its philosophy will be compared to punitive and rehabilitative approaches to crime and criminals. The ethical and instrumental desirability of introducing a restorative justice approach will be considered.

A third chapter will compare the basic philosophy of Restorative Justice with Chinese culture from the relationship between law and morals, decriminalisation policies and traditional conflict solution in ancient China.

A forth chapter brings both former chapters together, by investigating to which degree Restorative Justice indeed could help avoid the current problems in the Chinese criminal justice system. Based on important commonalities in Chinese philosophy and in the Restorative Justice approach, and on some mainstream practices in China, one could expect that Restorative Justice would penetrate easily in Chinese society. But it does not. That is what will be explored in the second part.

2. The second part is looking for partial answers to the question as to what are the obstacles in implementing Restorative Justice into the Chinese legal system despite some obvious commonalities and potentials. Both theoretical and empirical research will be carried out in this part.

The possible reasons as to why Restorative Justice did not influence Chinese penal thinking and practice will be explored. Possible reasons range from relative isolation of Chinese practitioners and academics from world mainstream, to political, sociological, legal and practical elements.

Relevant publications - Chen, M. (2007). Restorative Justice in Belgium. Nanjing: Nanjing University Press.

Restorative Justice related research 2000-2011 - 14

Promoting the practice of victim-offender mediation - Turkey

Project information

Researcher: Clara Casado Coronas

Supervisors: Ivo Aertsen, Jolien Willemsens

Period: 1 September 2006 - 1 February 2008

Funding: European Commission, European Initiative for Democracy and Human Rights.

Description research project This project had been introduced by the Istanbul Bilgi University Human Rights Law Research Centre. The K.U.Leuven participated as a partner.

Objectives The objective of the Leuven part of the research was to prepare a report on best practices for establishing victim-offender mediation services in European countries including ethical and professional standards for mediators, case management and case supervision, internal organisation of staff, evaluation of the service, etc.

Together with the research reports on „State of legislation in Turkey‟ and „Ethnographic research‟ conducted by two researches of Istanbul Bilgi Universtity, it served to develop culture-sensitive victim-offender mediation training for lawyers and NGO‟s in Turkey.

Problem definition Victim-offender mediation has been introduced in Turkey with the new Criminal Code and the new Code of Criminal Procedure which came into force on June 2005. While these two codes establish the legal basis for mediation, the infrastructure that is required for a successful implementation of victim-offender mediation is not in place. On the one hand, there are no provisions concerning important aspects like the referral processes or monitoring of the fulfillment of an agreement reached in mediation. In addition no regulation has been made concerning the training that mediators should follow or their accreditation process. On the other hand, the prosecutors and the judges themselves are not well informed about victim-offender mediation and the general public even less.

The EU Council Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA) obliges all member states “to promote mediation in criminal cases” for appropriate types of offences (Art. 10.1). While Member states had to comply with this decision by March 2006, Turkey will also need to work on the promotion of mediation in criminal matters in its quest for EU membership.

Relevant publications - Miers, D., Willemsens, J. (eds.) (2004). Mapping Restorative Justice. Developments in 25 European countries.

Leuven, Belgium: European Forum for Victim-Offender Mediation and Restorative Justice.

- Aertsen, I., Daems, T. and Robert, L. (eds.) (2006). Institutionalizing Restorative Justice. Cullompton, UK: Willan Publishing.

- Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M. (2004). Rebuilding community connections – Mediation and restorative justice in Europe. Strasbourg, France: Council of Europe Publishing.

Restorative Justice related research 2000-2011 - 15

Restorative Justice vs Juvenile Delinquency: The Baltic States in European Dimension

Project information

Researcher: Andrejs Judins (Centre for public policy, Providus, Riga), Christa Pelikan (Centre for the Sociology of Law and Criminology, Vienna)

Role of the European Forum for Restorative Justice in cooperation with LINC: - doing the comparative research - supervise the complete research work - general research support

Period: 15 December 2007 - 28 February 2010

Funding: Criminal Justice programme of the European Commission

Description research project The general objective of the project is to promote effective development of RJ as a response to youth crime in the Baltic States and to enhance mutual knowledge of best practices and initiatives in the field of RJ in this region and beyond. The project focuses on Latvia, Lithuania and Estonia but nevertheless has a strong European dimension through its activities.

The activities of the project are:

Drafting a methodology for the Baltic research and comparative analysis

Research analysis about RJ approach and instruments vs juvenile delinquency in the Baltic States

Comparative analysis of RJ developments in the Baltic States with other EU countries and provision of recommendations for further development strategies

Publication of research results in Latvian and English

Informative educational publications on RJ, juvenile delinquency, evaluation of VOM and other

International conference for dissemination of project results and with an aim to enhance mutual knowledge and development of cooperation in the field of RJ within the Baltic States and beyond.

Expert workshop for stakeholders from Latvia, Lithuania and Estonia

Relevant publications - Judins, A., Pelikan, C., Tamma, K. and Uselè, L. (2010). Restorative Justice vs Juvenile Delinquency: The Baltic

States in European Dimension. Riga: PROVIDUS.

Restorative Justice related research 2000-2011 - 16

Sentencing and judicial decision making from a restorative justice perspective: the perception of justice in court trials

Project information

Researcher: Vicky De Mesmaecker

Supervisor: Ivo Aertsen

Co-supervisor: Johan Goethals

Period: 1 September 2007 - 31 August 2011

Funding: K.U.Leuven (Doctoral Scholarship) Description research project The international break-through of the restorative approach to criminal justice offered criminology prospects to question the self-evidence of punishment as the best way to respond to crime. Alternative methods for dealing with the aftermath of a crime were conceived, aiming to alleviate the alienation of the parties within the legal process and their resulting feelings of injustice. Unlike punitive justice, which all too often turns out to be a source of grievance and annoyance, restorative justice is about struggling against injustice.

Ever since public executions of punishments were abolished, the sense of social justice is determined by the verdicts produced by courts and the procedures used in deciding on these verdicts. These procedural rules define certain roles for the parties involved in the conflict. As the goal of restorative justice lies precisely in redefining these roles, it devotes special attention to these procedures, designing restorative justice processes to be more just than court proceedings. Restorative justice has a theory of procedure very much influenced by the findings from the social psychology of procedural justice. Procedural justice theory states that people‟s judgments on the justice of a decision largely depend on the procedure that led to the decision, and are only to a lesser extent determined by other factors such as the outcome of the procedure itself. Applied to the specific case of criminal justice, this would imply that a party‟s opinion on the justice of a verdict depends more on the way the judge reached this verdict than on the verdict itself.

Though the theory of procedural justice has frequently been replicated, through empirical research in various stages of the criminal proceedings, its applicability onto the sentencing phase of the criminal process remains unclear. Recent psychological research presents some findings indicating that the theory does not apply to the sentencing phase. This research project will therefore assess the meaning of „justice‟ for victims and offenders in Belgian criminal courts.

Relevant publications - De Mesmaecker, V. (2009). Ervaring met justitie als differentiërende factor in het oordeel over justitie. Een introductie

tot procedurele rechtvaardigheid. Rechtskundig Weekblad, 14, 562-576.

- De Mesmaecker, V. (2007). Afdalen in de kloof tussen slachtoffers en straftoemeting. Participatie aan de rechterlijke besluitvorming door slachtoffers van misdrijven. Panopticon, 4, 6-22.

Restorative Justice related research 2000-2011 - 17

Working towards the creation of European training models for practitioners and legal practitioners in relation to restorative justice practices Project information

Researcher: Jolien Willemsens, Regina Delattre (TOA-Servicebuero, Köln)

Supervisor: Ivo Aertsen

Period: 1 November 2003 - 29 February 2004

Funding: AGIS 2003 programme of the European Commission Directorate General for Justice and Home Affairs

Description research project In 2003, an AGIS project was awarded to work on two topics: the training of mediation practitioners on the one hand, and the training of legal practitioners in restorative justice on the other hand.

Training of mediation practitioners Training (and support and supervision) of mediators - be it volunteers or professionals - is of utmost importance. This has been emphasised again and again, not only be mediation practitioners, local managers, umbrella organisations and governmental departments, but also by supranational bodies (for example the Council of Europe in Recommendation R(99)19 on Mediation in Penal Matters).

Last years much know-how and experience on training has been developed at the local and national level. But a strong need was felt to break through the isolation and to learn from others who try to reach the same goals, namely developing and delivering good training programmes and standards.

Thanks to the AGIS project, 11 experienced mediators and trainers from as many European countries could meet twice in order to exchange information on training. This exchange resulted in:

a detailed overview of the organisation, contents and structure of training programmes in Austria, Belgium, the Czech Republic, England, Finland, France, Germany, Norway, Poland, Scotland and Spain;

recommendations on the contents and the organisation of training.

Training of legal practitioners The active involvement and support by legal professionals is a conditio sine qua non for the effective development and implementation of restorative justice models. As this is often the case with other types of alternative or community sanctions, the potential of victim-offender mediation in many European countries is highly under-utilised. In respect to the selection and referral of appropriate cases to mediation services, the role of the (prosecuting) magistrate is crucial. But their role is also essential with regard to the outcome of mediated cases and their possible impact on the further judicial proceedings and the sentencing process (Art.10 EU Framework Decision 15 March 2001: „… ensure that any agreement between the victim and the offender … can be taken into account.‟).

With the help of the AGIS project of the European Commission, the research project set about developing training modules for prosecutors and judges on restorative justice. Ten judges, prosecutors and judges from eight European countries met twice in order to develop a two-day training course for prosecutors and judges.

Three years after the development of the modules, a group of experts met to discuss and evaluate the training modules for prosecutors and judges. Relevant publications - Delattre, R. and Willemsens, J., Working towards the creation of European training models for practitioners and legal

practitioners in relation to restorative justice practices. The development of training modules for prosecutors and judges, Final Report JAI/2003/AGIS/129, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w., 2004.

- Delattre, R. and Willemsens, J., Working towards the creation of European training models for practitioners and legal practitioners in relation to restorative justice practices. Exchange of Training Models for Mediation Practitioners, Final

Report JAI/2003/AGIS/129, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w., 2004.

- Miers, D. and Willemsens, J. (eds.), Mapping Restorative Justice – Developments in 25 European Countries, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice, 2004.

Restorative Justice related research 2000-2011 - 18

Victim-offender mediation with juvenile offenders in Europe

Project information

Researchers: Inge Vanfraechem, Sabien Declercq

Supervisors: Inge Vanfraechem, Anna Mestitz (Italy – promoter of the project), Christa Pelikan (Austria)

Period: 1 November 2002 - 1 November 2003

Funding: European Commission, Grotius II Criminal Justice Programme 2002 - 2003

Description research project Objective: To provide a comparative survey on Victim-Offender Mediation (VOM) with juvenile offenders in Europe and to identify benefits, problems and disadvantages of VOM applications Research design:

Common framework for authors of every country (15 countries in total) to collect information on the following topics:

o Introduction: general overview of VOM practice o Legislation and legal provisions for the application of VOM o Organizational structure of VOM centres o Categories and profiles of juvenile offences o Models, approaches, and theoretical framework of VOM o Professional characteristics and job evaluation of mediators

Research seminar to discuss the results (September 2003) and to distil (dis)advantages. Relevant publications - Mestitz, A. and Ghetti, S. (eds), Victim-Offender Mediation with Youth Offenders in Europe, Dordrecht: Springer,

2005.

- Lemonne, A. and Vanfraechem, I., „Victim-Offender Mediation for Juveniles in Belgium‟, in Mestitz, A. and Ghetti, S. (eds), Victim-Offender Mediation with Youth Offenders in Europe, Dordrecht: Springer, 2005, 181-209.

Restorative Justice related research 2000-2011 - 19

Building social support for restorative justice

Project information

Researchers: Brunilda Pali, Carmen Borg

Supervisors: Ivo Aertsen (K.U.Leuven Institute of Criminology), Steven Eggermont (K.U.Leuven School for Mass Communication Research)

Period: 1 April 2008 – 1 April 2010

Funding: European Commission - Criminal Justice Annual Work Programme 2007 (Action Grant)

Description research project The two year project consisted of a conceptual and practice-oriented explorative study dealing with three main questions:

1) How can interaction and cooperation with the media be set up in order to inform the public about restorative justice and in order to educate the public about crime and justice, and more specifically about restorative justice?

2) How can cooperation be developed with civil society organisations (including socio-cultural organisations, schools, religious communities, etc.) in order to inform and educate the public and to create broad support for restorative justice?

3) How can we increase the involvement of individual citizens in the functioning of local restorative justice programmes (eg. as volunteers)?

For each of these three points, practical experiences in different European countries were studied. An analysis was made of how to apply theoretical insights in these three areas to the restorative justice field. An International Seminar organised around the three themes was held in Leuven in June 2009. In a last step, recommendations and good practice examples were collected in a practical toolkit and a practical guide.

The two researchers were supported by a steering committee composed of both people with broad theoretical and scientific knowledge, and people with concrete experience in this field.

Partners:

European Forum for Restorative Justice

K.U.Leuven School for Mass Communication Research

Institute for the Sociology of Law and Criminology, Vienna

Restorative Justice Consortium, London

National Mediation Service Norway

Albanian Foundation for Conflict Resolution

Radio La Benevolencija, The Nethelands

Relevant publications - Pali B. and Pelikan C. (2010). Building Social Support for Restorative Justice: Media, Civil Society and

Citizens. Leuven: European Forum for Restorative Justice - Pali, B. (2010). Media Toolkit: For Restorative Justice Organisations. Leuven: European Forum for

Restorative Justice

Restorative Justice related research 2000-2011 - 20

Conferencing: a way forward for restorative justice in Europe

Project information

Researchers: Estelle Zinsstag, Marlies Teunkens and Carmen Borg

Supervisor: Ivo Aertsen

Co-supervisor: Inge Vanfraechem

Period: 26 months (31/12/2008 – 28/02/2011)

Funding: Criminal Justice 2008 - European Commission – Directorate-General Justice, Freedom and Security

Description research project This two-year project consists of an exploratory study of conferencing practices, for both adult and young offenders and for low and high level crimes, and their further applicability within Europe. The researchers, supported by a steering group composed of both academics and practitioners, will focus their work on three main research questions: 1. To what extent has conferencing been developed internationally? 2. What are the processes used in and outcomes achieved by conferencing, and how do they compare to

victim offender mediation (VOM)? 3. How could conferencing practices be developed further in Europe? As this is the first study on this specific topic in Europe, the information will be gathered not only by conducting an extensive literature review but also by constructing a survey, conducting interviews and study visits to assess existing and emerging practices of conferencing. The project will also include the organisation of an expert workshop (September 2010, 40 participants) and participation in an international conference (June 2010, 300 participants) in order to get feedback on the preliminary results. The study will focus on conferencing practices which are related to crime and will assess their processes as well as outcomes. Furthermore the study will compare conferences with the more widespread VOM. In addition a detailed bibliography will be developed. The last part of the study will explicitly focus on the challenges when implementing conferencing in a continental European legal and socio-cultural context and will propose new avenues for its further development in a European context. The research project will result in a scientific reportand a practical guide on setting up conferencing programmes in Europe. The latter will include information on the different models and the conditions that have to be met for their successful implementation. Finally an academic publication based on the expert seminar is also being prepared for a leading international publisher.

Relevant publications - Casado Coronas, C. (2008). Restorative justice: an agenda for Europe. Supporting the implementation of restorative

justice in the South of Europe. Final Report JLS/2006/AGIS/147, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w.

- Willemsens, J. (2008). Restorative justice: an agenda for Europe. The role of the European Union in the further development of restorative justice. Final Report JLS/2006/AGIS/147, Leuven, European Forum for Victim-Offender Mediation and Restorative Justice v.z.w.

- Holger-C., R., Arsovska, J. and Aertsen, I. (2008) „Challenging Restorative justice – State-Based Conflict, Mass Victimisation and the Changing Nature of Warfare‟ in Aertsen, I, Arsovska, J, Rohne, H-C, Vanspauwen, K and Valinas, M (eds) Restoring Justice After Large-Scale Violent Conflicts: Kosovo, Israel-Palestine and Congo, Portland: Willan Publishing.

Restorative Justice related research 2000-2011 - 21

FIELDS OF APPLICATION (SCOPE)

Developing standards for assistance to victims of terrorism Project information

Researcher: Ines Staiger

Supervisor: Ivo Aertsen

Co-supervisor: Letizia Paoli

Period: 15 March 2007 - 30 June 2008

Funding: European Commission and European Forum for Restorative Justice Description research project

Objectives: to develop a set of standards on psychosocial assistance and legal advice to victims and their families, including the possible role of restorative justice principles and practices, involving a broad selection of European experts from EU member states and EU institutions.

Research issue: the existing international guidelines and principles concerning victims of terrorism are relatively abstract or include victims of terrorism under the general header of victims of crime. The project intends to deliver standards that are a more adequate reflection of the situation of victims of terrorism.

Research design: A literature review will be undertaken by a team of researchers who are supported by a steering committee of academic experts from the Institute of Criminology of the K.U.Leuven, INTERVICT (University of Tilburg), the Centre for the Study of Terrorism and Political Violence of the University of St. Andrews, Victim Support Netherlands and the European Forum for Restorative Justice. The research findings compiled in the literature review are used as the basis for a set of seminars specifically focusing on the translation of the research findings into a coherent set of standards. The reports of both the research findings and the proposed standards will be launched at an international conference in March 2008. This will be followed by a final publication and a final report to the European Commission in June 2008.

Research questions and problem definition: The project focuses on the development of standards to ensure appropriate aid for victims in the aftermath of terrorist acts. It will seek to further elaborate the Council of Europe Guidelines on the Protection of Victims of Terrorist Acts and the possible application of restorative justice principles and practices.

The final conference on the project took place in Tilburg on March 10 and 11, 2008.

Relevant publications

- Letschert, R., Staiger, I. and Pemberton, A. (2010). Assisting victims of terrorism. Towards a European standard of justice. New York: Springer.

Restorative Justice related research 2000-2011 - 22

Linkedness

Project information

Researchers: Guy Deboutte, Anouk Depuydt

Supervisor: Ivo Aertsen

Co-supervisor: Ferre Laevers

Period: 1 September 2006 - 31 August 2007

Funding: Vlaamse minister van Onderwijs en Vorming

Description research project

The Linkedness Project emerged from the research centre „Criminality and Worldviews‟. This centre for fundamental interdisciplinary research on crime prevention, (school) mediation and restorative justice was later integrated in the Restorative Justice Research Line of LINC (the Leuven Institute of Criminology). Professor Tony Peters and Professor I. Aertsen are the promotors of the project.

As a result of the development of research in the field of crime prevention in schools, a practice of conflict and violence management and prevention has emerged in primary and secondary schools all over Flanders (Belgium) under the name 'Project Verbondenheid', the Linkedness Project. This research was carried out with the assistance of Professor Ferre Laevers of the Department of Education (Expertise Centre for Experiential Education, or „Expertisecentrum voor Ervaringsgericht Onderwijs‟), a branch of the Faculty of Psychology and Pedagogical Sciences.

The primary objective of „Project Solidarity‟ concerned the observation that „delinquency‟ is related to the poor or absent link between offender and victim surroundings. Preventing violence, vandalism, and antisocial behavior is not possible without giving attention to these missing or damaged life links. Therefore, each curative or preventative strategy must be aimed at repairing and/or developing the link of children or youths (and teachers and adults) (a) with oneself (b) with others (c) with the material surroundings (d) with the social environment, and (e) one‟s life as a whole. The ethical and societal contextualization of crime in general, problematic behaviour in schools and generating a positive school climate for students were the central issues of the project.

The approach of a fundamental prevention strategy is currently functioning in primary and secondary schools all over Flanders. Next to this, the theoretical framework and models are applied in other domains of society (i.e social welfare, penal justice system, victim support) and in other European countries, such as Switzerland, France, the Netherlands, and Portugal. The concept of „solidarity‟ or connectedness is a key issue in this model. For the development of a culture of solidarity within schools, a special method has been developed, entitled „Schoolteam Based Process Oriented Working (S.P.W.) model.

In line with our own principles, we tried to channel problem-focused activity into positive communal goals as quickly as possible. Due to the complexity and the high quantity of secondary schools, much more action is necessary than only the task of those who are guiding the process. These individuals guard the points of departure of „solidarity‟ and also sensitize, activate and help delineate the boundaries of the process. Often, supplementary work from specialists is required to address serious conflicts within a large school team, such as drug use or extreme forms of harassment, for example. in situations where there is poor school infrastructure and widespread intercultural conflicts.

Relevant publications

- Depuydt, A. en Deklerck, J. (2005) ‘Re-ligare’ als antwoord op ‘de-linquentie’. Een aanzet tot een ethische, contextuele en ecologische criminologie. Leuven: KULeuven. Proefschrift ingediend tot het behalen van de graad van

doctor in de criminologische wetenschappen. (Niet uitgegeven)

- Depuydt, A. (1991) Re-ligie als antwoord op de-linkwentie: een nieuwe basisfilosofie voor kinderen in het lager onderwijs? Leuven: KULeuven, verhandeling ingediend tot het behalen van de graad van licentiaat in de criminologie. (Niet gepubliceerd)

- Deboutte, G. (2004) „Verbondenheid: een ander en preventief antwoord op respectloos gedrag. Hoe toewerken naar een positief klas- en schoolklimaat?‟ In: Handboek Leerlingenbegeleiding Twee. Aflevering 5, juni 2004, pp. 57-77. Uitg. Wolters-Plantyn.

Restorative Justice related research 2000-2011 - 23

Family Group Conferences in schools

Project information

Researchers: Nicole Vettenburg, Dieter Burssens

Supervisor: Lode Walgrave

Period: 1 December 2001 - 31 March 2004

Funding: Ministerie van de Vlaamse Gemeenschap, Departement Onderwijs

Description research project

This research project dealt with new ways of responding to serious incidents in schools. Because existing disciplinary measures in schools are often not satisfactory, it was assumed that the restorative measures of family group conferencing – including those that have already proven to be successful in the judicial framework – would result in positive outcomes in an educational setting as well. In the first part, the sanction model of restorative justice was theoretically compared with the retributive and the rehabilitative models. The second section discussed a survey where a structured questionnaire was sent to all Flemish secondary schools. This information offered insight into the sanctions that are applied in schools and the reasons behind these sanctions. The respondents appeared to apply their sanctions based on rehabilitative reasoning. A number of respondents still seemed to believe in the deterring effect of retribution. Restorative sanctions were also applied, although to a lesser extent. The third section dealt with the deliberation of the use of restorative measures in school.

During the scientific monitoring of the experiment, 11 conferences were observed and 62 participants were interviewed, among them 14 victims and 9 offenders. In addition, supporters of the victims (20), parents of the offenders (9), other supporters of the offenders (8) and 2 absent victims were interviewed. The facilitators completed a preparatory questionnaire for each session and also took part in intervisions and a focus-group discussion.

The experiment with restorative group conferencing demonstrated that there is a possibility for tackling these problems radically and constructively. The offenders have to accept responsibility, yet the possibility that stigmatisation may occur must be controlled. At the same time, the needs of the victims are acknowledged and the harm they have suffered can be repaired to the greatest extent possible.

Relevant publications

- Walgrave, L., Met het oog op herstel, Leuven, Universitaire Pers, 2000, 178p.

- Walgrave, L. & Vettenburg, N., Herstelgericht groepsoverleg. Nieuwe wegen in de aanpak van jeugddelinquentie en tuchtproblemen, Leuven, Lannoocampus, 2006, 130p.

- Burssens, D., & Vettenburg, N., "Restorative Group Conferencing at School: A Constructive Response to Serious Incidents", Journal of School Violence, 2006, afl. 2, 5-17.

- Burssens, D. & Vettenburg, N., Herstelgericht groepsoverleg in de Vlaamse schoolcontext. Tijdschrift voor Jeugdrecht en Kinderrechten, 2008, afl. 3-4, 176-180.

- Burssens, D. & Vettenburg, N., Herstelgericht groepsoverleg in een pedagogische context. Tijdschrift voor Herstelrecht, 8 (2).

Restorative Justice related research 2000-2011 - 24

Conferencing for serious juvenile delinquency

Project information

Researchers: Inge Vanfraechem

Supervisor: Lode Walgrave

Period: 1 November 2000 - 31 October 2003

Funding: Ministerie van de Vlaamse Gemeenschap

Description research project Objective: A Family Group Conference („Herstelgericht Groepsoverleg‟ or „Hergo‟) is a communication between the offender and his support persons, the victim and his support persons, and (in the New Zealand model) the police. It offers an added value in the reaction towards crime, and its usability in Belgium is to be researched. The aim of the research is to evaluate whether conferences work in Flanders, under what conditions and for whom. The conditions for a qualitative functioning of the project are evaluated through a thorough process analysis.

Methodology: The project was an action-research: the researchers were involved in the development of the practice, but at the same time kept a certain distance towards the practice. Practitioners posed questions and gave information to the researchers, who could offer feedback on the actual practice. Different research instruments were developed: - A scheme for analysing the judicial dossiers. - An observation scheme, to collect data during the observation of the conference. - Interviews with victims, offenders and their parents. - Interviews with youth judges, lawyers and other professionals. - Regular communication with the facilitators, who fill out a questionnaire on the preparation of the parties

involved. The data were analysed partly quantitatively, partly qualitatively. Research questions: - Can conferencing be implemented in the Belgian youth protection system and if yes, in what way? - Are the rights of the participants protected? - Are the participants satisfied with the conference? - Is the support network strengthened in its educational tasks? - Is the recidivism rate decreasing? - Can conferencing lower the pressure on closed institutions?

Relevant publications - Vanfraechem, I., Herstelgericht groepsoverleg, Brugge: die keure, 2006.

- Vanfraechem, I. en Walgrave, L., „Les conférences de groupe familial (Family Group Conferences)‟, Les cahiers de la justice, Parijs: Editions Dalloz, 2006, 153-174.

- Vanfraechem, I., „Evaluating conferencing for serious juvenile delinquency‟, in Elliott, E. and Gordon, R. (eds), Restorative Justice: emerging issues in practice and evaluation, Cullompton: Willan Publishing, 2005, 278-295.

Restorative Justice related research 2000-2011 - 25

Mass victimization and restorative justice. In search for the possibilities to apply restorative justice principles in the context of dealing with the past. Case Study South Africa

Project information

Researcher: Kris Vanspauwen

Supervisor: Stephan Parmentier

Co-supervisor: Elmar Weitekamp

Period: 1 January 2003 - 30 June 2007

Funding: F.W.O. Project: werkings- en personeelsmiddelen VLIR/IOS Congrestoelage: werkingsmiddelen IRO Reisbeurs (Internationale Relaties, K.U.Leuven): werkingsmiddelen Bilaterale Overeenkomsten (Internationale Relaties, K.U.Leuven): werkingsmiddelen

Description research project

Should restorative justice principles be applied in situations of gross violations of human rights? If so, under which conditions can this take place and what are the boundaries herein? These central issues were tested using case studies on South Africa. This study attempted to bridge two immensely different theoretical movements: “transitional justice” and “restorative justice”.

The research project was intended to study how restorative justice principles could be applied in transitional justice processes that are dealing with the aftermath of gross human rights violations that have occurred during a violent conflict. The main unit of analysis of this study was the South African Truth and Reconciliation Commission (TRC) (institutional context), and the processes on the community level that are derived from these commissions (individual level).

The range of “restorative justice” processes (communication, confrontation, dialogue) for victims and offenders was analysed extensively with regard to their form and availability (restitution, community service, other forms of restoration) in addition to being examined with regard to their “restorativeness” and effects. The empirical study was based on two sets of data. First, interview data from victims, perpetrators and stakeholders that had participated in the TRC was included. This data was analysed by means of a content analysis. Second, interviews from South African experts that had studied the TRC process served as another source of information utilized in the study. The analysis of this data was based on the Delphi method.

Relevant publications

- Aertsen, I., Arsovska, J., Rohne, H.-G., Valiñas, M. and Vanspauwen, K. (Eds.) (2008). Restoring justice after large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinan case. Cullompton: Willan Publishing

- Valinas, M. and Vanspauwen, K. (2009). Truth-seeking after violent conflict: experiences from South Africa and Bosnia and Herzegovina. Contemporary Justice Review, 12 (3), 269-287.

Restorative Justice related research 2000-2011 - 26

Mass victimization and restorative justice. In search of the position of restorative justice in an integrated approach to mass victimization in post-conflict situations. Case studies in Bosnia-Herzegovina and Serbia

Project information

Researcher: Marta Valinas

Supervisor: Stephan Parmentier

Co-supervisor: Elmar Weitekamp

Period: 15 October 2004 - 30 September 2008

Funding: K.U.Leuven Description research project This research project examined the question of how post-conflict societies address their legacy of mass violence and what can be the role and contribution of a restorative justice approach in that process, by analyzing two case studies: Serbia and Bosnia and Herzegovina. The aim of this project was to explore the applicability of restorative justice principles in the aftermath of serious and large-scale abuses, namely what could be the added value of these principles in a transitional justice process in relation to other primarily retributive approaches, and what are the factors that can foster or hamper the adoption of a restorative approach in such contexts.

In order to do so, this study analysed both institutional, top-down approaches of dealing with the past in both countries (e.g. the attempts to create truth commissions) as well as community-level, interpersonal and bottom-up processes of social reconstruction (e.g. NGO initiatives towards reconciliation) and looked at to what extent these processes integrate restorative justice principles.

The research was carried out through an in-depth literary review on the two key fields of study – transitional justice and restorative justice - and through extensive field research in the two countries under study. The field research included: a series of semi-structured interviews with key institutional stakeholders in the transitional justice process in both countries, in-depth interviews with individuals who have participated and/or been victimized during the conflicts; two large, country-wide surveys (one in Serbia and one in Bosnia and Herzegovina) on the opinions and attitudes of individuals on the process of dealing with the past in their country and on the contribution of a restorative justice approach to that process; and finally, three seminars organized in the region of the former Yugoslavia where research findings were presented and discussed.

In recent years there has been an increasing interest in values and principles that are central to restorative justice and that seem to be particularly well suited to the challenges and needs of post-conflict societies, such as the inclusion and active participation of the parties in the resolution of the conflict, the emphasis on reparation and reintegration, and the importance given to repairing social relationships. This research project followed this interest and aimed to contribute to deepening our knowledge about this largely unexplored field of study.

Relevant publications - Valinas, M. and Vanspauwen, K. (2009). Truth-seeking after violent conflict: experiences from South Africa and

Bosnia and Herzegovina. Contemporary Justice Review, 12 (3), 269-287.

- Aertsen, I., Arsovksa, J., Rohne, H-C., Valiñas, M. and Vanspauwen, K. (eds.) (2008). Restoring Justice after large-

scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinian Conflict. Cullompton: Willan Publishing.

Restorative Justice related research 2000-2011 - 27

Mediation at police level Project information

Researchers: Ivo Aertsen, Anne Lemonne (U.L.B.)

Supervisors: Ivo Aertsen, Elmar Weitekamp, Philippe Mary (U.L.B.), Dominique De Fraene (U.L.B.)

Period: 1 January 2003 - 31 August 2003

Funding: Federale Minister van Economie en Wetenschappelijk Onderzoek, belast met het Grootstedenbeleid

Description research project The research was carried out in cooperation with the Université Libre de Bruxelles and was ordered by the Federal Minister responsible for Major City policies. The research dealt with an inventory and analysis of different forms of „local‟ mediation for minor offences, as it is offered by or on close cooperation with local police services in a limited number of Belgian cities. The practices of local mediation were studied with respect to their origins, objectives, institutional and organisational framework and actual functioning. Special attention went to its relation with the police organisation and the role of the police, the mediation methods used, the further criminal justice procedure and a comparison with other types of victim-offender mediation. Moreover, a typology of projects on „local mediation‟ was drafted.

The research methodology made use of document analysis, interviews and focus groups.

Relevant publications - Aertsen, I. en Lemonne, A., Lokale bemiddeling of schadebemiddeling als ‘alternatieve maatregel voor lichte

misdrijven in België’. Eindverslag, Leuven, K.U.Leuven, Onderzoeksgroep Penologie en Victimologie, 2003, 123 p. (Franse uitgave: Lemonne, A. et Aertsen, I., La médiation locale comme ‘mesure alternative pour les délits de faible importance en Belgique. Rapport final, Bruxelles, U.L.B., Centre de recherches criminologiques, 2003, 108 p.)

- Aertsen, I. (2009). Restorative police practices in Belgium : a research into mediation processes and their organisation. Cahiers Politiestudies/Journal of Police Studies (2), 65-82.

Restorative Justice related research 2000-2011 - 28

Restorative Justice in prison (Project Herstelgerichte Detentie)

Project information

Supervisors: Stephan Parmentier, Tony Peters, Georges Kellens

Researchers: Tinneke Van Camp, Tina Van Win, Ivo Aertsen, Philip Daeninck, Fabienne Hodiaumont, Hannelore Malempré

Period: 2000-2002

Funding: Federal Ministry of Justice

Description research project Research on behalf of the federal Ministry of Justice in cooperation with the School of Criminology at the University of Liège. The main purpose of the project was to offer a scientific follow-up of the pilot project that was initiated in six Belgian prisons in the period 1998-2000 and that resulted in a nation wide implementation of restorative justice in all Belgian penitentiary institutions in 2000. During the project, a manual on developing restorative approaches in a prison setting has been elaborated and published. Moreover, the research project focused on specific topics, including the study of a deontological framework for those working in the field, such as the restorative justice prison advisors. Finally, an (internationally oriented) annotated bibliography on restorative justice in prisons has been compiled. Relevant publications

- Aertsen, I., Daeninck, Ph. en Van Camp, T. (2001). Aanzetten tot een deontologie van herstelgerichte detentie. Leuven: K.U.Leuven, Research Group Penology and Victimology.

- Christiaensen, S., Daeninck, Ph., Van Camp, T., Van Win, T., Robert, L., Vanspauwen, K. en Aertsen, I. (2001). Wetenschappelijke ondersteuning van het project herstelgerichte detentie. Rapport. Leuven: K.U.Leuven, Research Group Penology and Victimology.

- Parmentier, S., Vanspauwen, K., Robert, L. en Aertsen, I. (2003). Herstelrecht en herstelgerichte strafuitvoering: een selectieve en geannoteerde bibliografie – Restorative justice and restorative detention: a selected and annotated bibliography. Leuven: K.U.Leuven, Research Group Penology and Victimology.

- Camp, T., Van Win, T., Aertsen, I., Daeninck, Ph., Hodiaumont, F. and Malempré, H. (Promotors Parmentier, S., Peters, T. and Kellens, G.) (2004). Vademecum herstelrecht en gevangenis. Gent: Academia Press.

- Aertsen, I. (2005), Restorative Prisons: A Contradiction in Terms? in Emsley, C. (ed), The Persistent Prison. Problems, Images and Alternatives, London: Francis Boutle Publishers, 2005, 196-213.

- Robert, L. and Peters, T. (2002), How restorative justice is able to transcend the prison walls : a discussion of the project „restorative detention”, in Weitekamp, E.G.M. and Kerner, H.J. (eds), Restorative Justice in Context: international practice and directions, Cullompton: Willan Publishing, 95- 122.

- Peters, T. and Robert, L. (2003), Como la restauracion puede saltar los muros de la carcel. Una discussion sobre el proyecto „Detencion dirigida a la restauracion‟, Eguzkilore, Nr.17, 161-185.

- Robert, L. (2004), Herstelgerichte detentie in België: tralies in de weg? Tijdschrift voor Herstelrecht, Vol.4, Nr.2, 24- 41.

- Daems, T. and Robert, L. (2006), Victims, Knowledge(s) and Prisons, European Journal of Crime, Criminal Law and Criminal Justice, Vol.14, No.3, 256-270.

- Daems, T., Robert, L., Neys, A. and Peters, T. (2006), L‟entrée de la victime dans l‟espace pénitentiaire, in Born, M., Kéfer, F. and Lemaître, A. (eds), Une criminologie de la tradition à l’innovation. En hommage à Georges Kellens,

Brussel: De Boeck & Larcier, 415-431.

- Robert, L. and Peters, T. (2008), Bruggen bouwen: over de functie van de herstelconsulent in Belgische gevangenissen, in Franken, A.A., De Langen, M. and Moerings, M. (eds), Constante waarden. Liber amicorum prof. Mr. Constantijn Kelk, Den Haag: BJU, Pompe reeks, 553-561.

Restorative Justice related research 2000-2011 - 29

Mediation and Restorative Justice in prison settings

Project information

Promoter: Foresee Research Group, Budapest (Hungary)

Partners: Hungarian National Institute of Criminology (OKRI), Innokut Nonprofit Researching and Servicing (INN), Bremen VOM Service, University of Applied Sciences in Public Administration in Bremen, Independent Academic Research Studies (IARS) and the European Forum for Restorative Justice

Period: 2009 - 2012

Funding: Criminal Justice Programme of the European Commission Description research project The main objective of this project is to explore the opportunities for implementing mediation and RJ practices into the prison settings. A further aim is to test if such practices can help in supporting victims of crime, raising responsibility-taking in offenders, supporting the prison staff and inmates in peacefully resolving their internal conflicts and reintegrating offenders into the society after release. The project will start with a research phase, after which it will progress into a pilot project. The existing practices in Germany and the UK will be evaluated and further developed. In Hungary a pilot project will be started. Involvement of the European Forum for Restorative Justice in cooperation with LINC: general support, participating in expert meetings and final seminar, publishing the project outcomes.

Restorative Justice related research 2000-2011 - 30

Mass Victimization and Restorative Justice in Colombia: Pathways towards Peace and Reconciliation? Project information

Researcher: Isabella Bueno

Supervisor: Stephan Parmentier

Period: 1 September 2008 - 31 August 2012

Funding: IRO Scholarship Description research project Despite various years of an intensive ongoing-armed conflict in Colombia, state-organized transitional justice mechanisms are being applied. The aim of this research project is to deepen our understanding with regard to the applicability of restorative justice principles in a transitional justice context of ongoing conflict. It is our intention to provide with information the existing lacuna on the body of literature on the relationship of these two fields. In order to achieve this goal, we will examine the way in which primary and secondary institutions contribute to the reparation of the individual and relational harm of victims and perpetrators of the Colombian ongoing conflict. This research is intended to cover a four-year period and is based on a qualitative research strategy.

Restorative Justice related research 2000-2011 - 31

Mediation and community oriented measures in cases of hate crime and discrimination Project information

Researcher: Nathalie Lauwers

Supervisor: Ivo Aertsen

Period: 1 March 2010 - 1 February 2011

Funding: Centre for Equal Opportunities and Opposition to Racism Description research project The study focuses on an analysis of the possible role of mediation and other community oriented measures when dealing with hate crime and different types of discrimination (racism, homophobia and others). The study consists of the following parts: description of the current situation in Belgium including a discussion of the (judicial) relevance of certain approaches for the problem under study; an analysis of specific types of measures and practical conditions for their implementation; a further study on specific features of some measures and their applicability in different geographical regions.

Restorative Justice related research 2000-2011 - 32

Training in International Family Mediation Project information

Researcher: Brunilda Pali and Sandra Voet

Supervisor: Ivo Aertsen

Period: 1 July 2010 – 30 June 2012

Funding: European Commission – Specific Programme Civil Justice 2009 Description research project Child Focus is doing a European project around training in international family mediation, together with the following partners: Mediation bei internationalen Kindschaftskonflikten (Mikk - Germany), K.U.Leuven and Centrum Internationale Kinderontvoeringen (Netherlands). This project meets the priority of the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. The project will run over two years and will have two phases. The goal at the end of the first phase is to create and try out a training programme for family mediators in European member states. At the end of the second phase, a second training programme will be created, specifically for trainers and instructors in family mediation. This second training programme will be given to trainers from all European members states, in order for them to train family mediators in their own countries. The final goal is the creation of a network of international family mediators in Europe. The K.U.Leuven, as the academic partner, is undertaking a research analysis to define the whole landscape of family mediation and international family mediation, involving children, in Europe and in all member states individually. The results of this research analysis will be used to create both trainings programmes. A part of the researchers‟ work is also to define criteria for the selection of participants from all member states for the training programmes. Finally, the researchers will also participate in the evaluation of the first training programme.

Restorative Justice related research 2000-2011 - 33

INTERNAL DYNAMICS (MICRO-PROCESSES)

Victim-offender mediation and victim’s reparation. A victimological study in the context of restorative justice

Project information

Researcher: Daniela Bolivar

Supervisor: Ivo Aertsen

Co-supervisor: Johan Goethals

Period: 1 October 2007 - 1 October 2011

Funding: K.U.Leuven (Selective Bilateral Agreements – SBA) Description research project

Research on restorative justice has had different focuses. One of them has been the impact of this practice according to its own aims. An important question that research has tried to answer is if restorative justice does repair the damage caused by the crime. Until now, the answer seems to be „yes‟; however, it is well known that literature is not yet sufficiently developed to really know what happens to the victim in this process. This is due to the fact most of the research has been done using quantitative methodology, dealt with minor crimes or juvenile offenders and focused on the assessment of victims‟ satisfaction, instead of using an integral concept of reparation.

The purpose of this research is to gain insight into the process and the impact of participation in victim-offender mediation for victims of violent crimes. Using a psycho-social framework and, in particular, an ecological approach, this study tries to find out to which degree and how the experience of mediation affects elements related to reparation, in particular: victim identity, recovery of sense of control, dignity and sense of safety, trust in social relationships and construction of new and adaptive meanings with regard to the crime experience.

To achieve this purpose, the research is being carried out by using both qualitative and quantitative research. On one hand, in-depth interviews of victims of crimes are the main way of inquiry in the qualitative part. On the other hand, questionnaires are used for the quantitative part. In both evaluations, dimensions such as the crime experience, the offer of mediation, effects and impact of crime and expectations of recovery, among others, are evaluated.

In this study, a quasi-experimental design is used. In concrete, this means an evaluation pre-post mediation with a non random sample. In this study, victims who accept to participate in mediation (G1) will be compared with victims who do not want to participate (G2). The incorporation of the second group is a way to avoid the effect of the self-selection phenomenon.

As a result, the study attempts to develop a comprehensive model, able to describe and understand the role that victim‟s participation in mediation has on his or her redress within a psycho-social context.

Relevant publications - Aertsen, I. & Peters, T. (1998). Mediation for reparation: the victim‟s perspective. European Journal of

crime, criminal law and criminal justice, 6 (2), 106-124. - Bolivar, D. (2011). Conceptualizing victims restoration in restorative justice. International Review of

Victimology, 17 (3).

Restorative Justice related research 2000-2011 - 34

Desistance from crime: cognitive processes at work in spontaneous adult desistance, with special attention to the effects of restorative justice principles

Project information

Researcher: Kristof Clonen

Supervisor: Johan Goethals

Co-supervisor: Ivo Aertsen

Period: 16 januari 2006 - 31 december 2009

Funding: F.W.O. Project

Description research project

The project aimed to detect cognitive and motivational changes sustaining desistance from crime by adult persistent offenders, giving special attention to the effects of principles of restoration. Utilizing the available literature regarding this subject, it was assumed that living a crime free life presupposes a reconstruction of a self-image of a „delinquent‟ to one of a „delinquent-free self.‟

Research by Maruna et. al (2001) has demonstrated that the outcome of such a process is not simply a brief final decision of the delinquent, but is rather a lengthy process containing a series of conditions and thought processes. As a result, we adopted an approach that allowed for maximum room for the personal and creative interpretation of this self-image and for the cognitive processes that accompany it. In light of the findings of the research of the restorative approach, we also explored the specific transformations that form an expression of these approaches.

Narratives (life histories) of a group of desisting individuals (career criminals who refrained from crime during at least five years) were compared to narratives of persisting adult offenders. An attempt was made to put both groups together via matching, focusing on the following variables: age, nationality, gender, type of crime, and socioeconomic characteristics. Life stories of both samples were explained in a narrative manner, where specific attention was given to the processes and motivations that (in the professional literature) already are connected with desistance. At the same time, the narratives were examined by considering other possible motivational and cognitive processes, focusing on restorative components.

A study day on the project was organized at the Leuven Institute of Criminology on December 15, 2009.

Research questions 1. Do we find the similar cognitive transformations as described by Giordano et al. (2002) and Maruna (2001) that deal with processes and conditions such as the actor's basic openness to change, one's exposure to a particular hook of sets of hooks for change, the moments and conditions that make able to envision and begin to fashion an appealing and conventional 'replacement' of the self, the transformation in the way the actor views the deviant views the deviant behavior or life-style, and the perception of the negative past by the delinquent himself?

2. How can important „turning points‟ in the life of a delinquent function as „hooks for change‟ (cited by Giordano et al., 2002)? How, and under which conditions, can turning points be 'hooked' to restructure one's delinquent life into that of a non delinquent life?

3. Are processes characteristic to a restorative justice approach detectable in the process of 'desistance' from crime? These processes refer to (a) personal contact and confrontation with the victim, (b) repairing the harm of the crime, and (c) stakeholder involvement in the justice process (victims, offenders and community members should participate in the justice process). Relevant publications

- Clonen, K., Goethals, J. en Aertsen, I. (2009). Onderzoek naar het stopzetten van een criminele carrière: de waarde van narratieve analyse. Panopticon, 30(1), 9-30.

- Clonen, K. (2009). Het stopzetten van een criminele carrière. Onderzoeksrapport. Leuven: K.U.Leuven, Leuvens Instituut voor Criminologie.

Restorative Justice related research 2000-2011 - 35

Restorative justice and crime prevention

Project information

Researchers: Anniek Gielen

Supervisors: Ivo Aertsen, Inge Vanfraechem

Period: 27/12/2008 – 27/04/2011

Funding: European Commission - Directorate-General Justice, Freedom and Security

Description research project By restorative justice programmes we can understand any programme that uses restorative justice processes - meaning a form of communication between all the parties immediately involved - and seeks to achieve restorative outcomes. An outcome can be understood in terms of victim satisfaction, offender satisfaction, better understanding, fulfillment of restitution agreements, etc. What if we interpret the outcome in function of crime prevention? More specifically: Does participating in restorative justice programmes reduce future re-offending? Can restorative justice have meaning as turning point in one's criminal course of life in order to desist from crime? Can restorative justice prevent escalation in terms of future revenge/aggression coming from the victim's side by restoring damages and giving the chance to regaining personal freedom? And in a more broad sense: Can the existence (and spreading) of this new conflict handling culture and related skills have an impact on society (general prevention)? In sum, there are several dimensions and levels on which the preventive potential of restorative justice processes and outcomes be studied. The project specifically focuses on:

a theoretical study of the connecting points between restorative justice and crime prevention models;

a research on the extent to which restorative justice is inscribed in either crime prevention policies or other – for example crime victim – policies in the 27 EU Member States and the underlying rationale for this;

an inventory and analysis of existing empirical research on the effect of restorative justice practices on crime prevention.

Extensive desk research, a survey in the EU Member States and the consultation with an expert group resulted in a final report. The findings of the project should contribute to the discussions at both national and EU policy level about whether and how restorative justice can support crime prevention policies. Promotor: Juvenile Justice Department of the Italian Ministry of Justice Partners:

European Forum for Restorative Justice

Instituto Psicoanalitico per le Ricerche Sociali (Italy)

Catholic University of Leuven ( Belgium )

University of Leeds ( UK )

Relevant publications

- Departement of Juvenile Justice - Italian ministry of Justice (Ed.). (2010). Restorative Justice and Crime Prevention. Presenting a Theoretical Exploration, an Empirical Analysis and the Policy Perspective. Brussels: European

Commission – DG Justice, Freedom and Security.

Restorative Justice related research 2000-2011 - 36

Victims and restorative justice: an empirical study of the needs, experiences and position of victims within restorative justice practices

Project information

Researchers: Inge Vanfraechem

Supervisor: Ivo Aertsen

Period: 1 January 2011 – 31 October 2012

Funding: European Commission Action Grant

Description research project Objective(s) The general objective of the project is to achieve more knowledge, through empirical evidence, on the needs, experiences and position of victims when participating in restorative justice (RJ) programmes. Formulation of the research issue: the development of RJ has lead to some questions with regard to the position of the victim and therefore this project will deal with some questions at the micro- and macro-level. At the micro-level, the focus will lie with the personal experience of the victim regarding the offer of mediation, the experience of communicating with the offender in an (in)direct way, the mediation outcome and the judicial context. At the macro-level, the legislative, organisational and institutional framework of victim-offender mediation and conferencing will be studied. Research design - Literature review and document analysis; - Personal interviews in three different countries (Austria, Finland and the Netherlands) with victims who

participate in a (non-)completed mediation or who were referred but for whom the mediation could not take place;

- Online survey for victim support organisations and RJ services throughout Europe; - Three regional workshops to discuss the preliminary findings and get feedback; - An international conference with workshops on the topic. Research questions: - What are victim needs and experiences in mediation? Are there differences depending on whether the

mediation is successful? What if the mediation could not take place? - What is the relation between victim support organisations and RJ services? Problem definition: practitioners, policy-makers and researchers have voiced concerns with regard to the position of the victim in RJ, such as (1) possible negative effects on victims, (2) unknown aspects with regard to e.g. satisfaction, (3) a risk of secondary victimisation, (4) the wish for punishment, (5) a lack of active participation, etc. These concerns, however, have not yet been made very clear or explicit and have not been studied in an empirical way. Furthermore the cooperation between victim support organisations and RJ services is not always optimal, which is often related to a lack of understanding of working methods and principles. Therefore, this project aims to get a clearer view on some of these issues, through the various methods used. Relevant publications

- Vanfraechem, I., Herstelgericht groepsoverleg, Brugge: Die Keure, 2007. - Vanfraechem, I. en Walgrave, L., „Les conférences de groupe familial (Family Group Conferences)‟, Les

cahiers de la justice, Parijs: Editions Dalloz, 2006, 153-174. - Vanfraechem, I., „Evaluating conferencing for serious juvenile delinquency‟, in Elliott, E. and Gordon, R.

(eds), Restorative Justice: emerging issues in practice and evaluation, Cullompton, Cullompton: Willan Publishing, 2005, 278-295.

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SOCIAL-ETHICAL AND LEGAL-THEORETICAL FOUNDATIONS OF RESTORATIVE JUSTICE

The development of a theoretical frame for ‘restorative justice’ from an ethical and social perspective Project information

Researchers: Johan Deklerck & Anouk Depuydt

Supervisor: Tony Peters & Jan Van der Veken

Period: 1 January 2000 – 31 December 2004

Funding: F.W.O./ K.U.Leuven

Description research project

There were two main research questions within this research project. (1) (In which way) can 'linkedness' be an ethical frame of reference for processes of restorative justice between victim and offender? (2) (In which way) can „integration-disintegration' be a model for the analysis and the orientation of processes of change of the penal law system towards the principles of restorative justice? The aim was:

(1) to research the properties of the concept 'linkedness' that are relevant for the process of mediation between victim and offender (i.e. the experience, the ethical motivation, the action), and furthermore to refine their relation (as described in the former research) theoretically, and to underpin and integrate them into a larger ethical frame for restorative justice, by means of:

a) a philosophical in depth study of these three elements, their relation and their position in relevant philosophical trends (method of comparative research, study of literature and interdisciplinary seminars);

b) the test of the theoretical conclusions by an analysis of case studies, gathered in mediation dossiers and in extended diary notations of the mediator, during a former research project on mediation for reparation, completed by interviews with the mediators, involved in mediation (qualitative analysis of 50 case studies by means of a pre-structured scheme based on (a); structured interviews);

c) the treatment of gathered data in function of an ethical frame for restorative justice (criminological analysis, feedback of specialists).

(2) to found four criteria that are important for the renewal of the penal law system towards restorative justice theoretically, make them operational and bring them together in a theoretical frame for restorative justice. These criteria are the attention for 1) a larger supporting social web for victim and offender for processes of mediation; 2) the recovery of the ethical dimension within the penal law system; 3) the process type character of mediation; 4) the construction of a continuum from informal till formal reactions on crime, by means of:

a) making the model of 'integration-disintegration', as developed within the model of the layered structure of reality, operational in the domain of restorative justice (study of criminological literature, interdisciplinary workshops);

b) the study of the important theoretical models of mediation, starting from these four criteria (study of literature on theoretical criminology, structured interviews with specialists);

c) the analysis of the most important forms of mediation for reparation, starting from these four criteria (study of literature , study visits, workshops with members of the research group that are involved in the applied research on restorative justice);

d) the handling of the research results of (b) and (c) in function of a criminological theory of restorative justice, based on (a) (criminological analysis, feedback of specialists).

Relevant publications - Depuydt, A. en Deklerck, J., ‘Re-ligare’ als antwoord op ‘de-linquentie’. Een aanzet tot een ethische, contextuele en

ecologische criminologie. Proefschrift ingediend tot het behalen van de graad van doctor in de criminologische wetenschappen (onuitg.), Leuven, K.U.Leuven, 2005.

- Deklerck, J. & Depuydt, A., 'Aanzetten tot een fundamentele theorievorming voor een herstellende justitie'. In: Dupont, L. & Hutsebaut, F. (eds.), Herstelrecht tussen toekomst en verleden. Liber Amicorum Tony Peters, Leuven,

Universitaire Pers Leuven, 2001, 163 – 196.

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Punishment and sentencing in a constitutional democracy

Project information

Researcher: Erik Claes

Supervisor: -

Period: 1 October 2005 – 1 October 2009

Funding: F.W.O. Post-doctoral project Description research project General research issue: point of departure of this project was the increasing confusion as to the meaning, functions, justification and purposes of criminal punishment. This is reflected in current sentencing practices of many contemporary democracies. A plurality of penal aims and a diversity in types of criminal sanctions accord an all too strong discretionary margin to the criminal judge than can be tolerated in a constitutional democracy. Objectives: This research project aimed to elaborate a coherent normative theory of criminal punishment that 1) could offer sufficient guidance for sentencing practices; 2) help define the role of the judiciary power in relation to other institutional actors (including restorative justice practitioners). Research design: In line of a constructivist method (R. Dworkin, J. Rawls), at least two research hypotheses steered this project:

1. A coherent normative theory of criminal punishment should depart from reflection on the key principles and aspirations of democracy and the rule of law (respect for fundamental rights, due process values, checks and balances between institutional powers, equality, legal certainty, legality, proportionality, participation of all the stakeholders, law as integrity). Equal respect for the human dignity of every person plays an important interpretative role in the reconstruction and balancing of these principles.

2. A normative theory of criminal punishment that tries to be expressive of the basic principles of democracy and the rule of law, should spell out explicitly the limited ability of criminal punishment and sentencing in realising the normative aspirations of a constitutional democracy. Again, reflection on equal respect for human dignity promises to play an important critical and hermeneutic role in mapping these limits. Retrieving the moral intuitions underlying human dignity can also help in building bridges with restorative justice practices and, therefore, contribute to managing responsibly the limits of criminal sentencing.

Relevant publications - Claes, E., „Straftoemeting, bestraffingsfilosofie, bestraffingssociologie‟ [Sentencing, Philosophy of Punishment,

Sociology of Punishment], Nederlands Tijdschrift voor Rechtsfilosofie en Rechtstheorie, 2006, 29-54.

- Claes, E., „Punishment, Restorative Justice and the Right to Privacy‟, in Claes, E., Duff, A. and Gutwirth, S. (eds.), Privacy and the Criminal Law, Antwerpen/Oxford, Intersentia, 2006, 181-196

- Claes, E., „Legality, Criminal Justice and Human Dignity‟, in Claes, E., Foque, R. and Peters, T. (eds.), Punishment,

Restorative Justice and the Morality of Law, Antwerpen/ Oxford, Intersentia, 2005, 17-56.

Restorative Justice related research 2000-2011 - 39

Impossible but necessary: A study on the ethics of restorative justice Project information

Researchers: Brunilda Pali

Supervisors: Ivo Aertsen and Lode Walgrave

Period: 1 September 2010 – 1 April 2014

Funding: Self-Funding Description research project This research project is about ethics and restorative justice. It starts with the concern that extreme safety measures are putting justice at risk today, a risk reflected in illegal detention of people, “war on terror” practices, restriction on asylum seekers, etc. Liberalism operates within a logic of identity (acknowledging only what humans have in common: reason) and recognizes claims to justice only by those demonstrating possession of the qualities of the liberal subject. The language used for the “Other” is similar to the language used during the civil rights movement: tolerance, assimilation, integration. These are “noble” feelings but not good guarantees to justice. The main challenge posed by feminism and postmodernism is how can we do justice to those who are incomprehensibly and beyond empathy “Other”? The project analyses this question from the framework of restorative justice (RJ), a way of doing justice potentially able to close the gap between the universal and particular accounts of justice. An alternative answer proposed by feminists (ex. Judith Butler) is the concept of contingent universals: universal criteria of justice that cannot be philosophically grounded but are nevertheless empirically important. Other alternatives are new foundations of universality: not based on logic of identity but on commonality of situation-precariousness and vulnerability. Can RJ mediate between ethics of justice and ethics of care, particularity and universality, rationality and emotion, just procedures and ethical concerns? Does its praxis depend on logic of identity (justice and care for the similar), or on an ethic of alterity (justice and care for the other)? Ten in-depth interviews will be conducted with mediators and leaders in the field, people who have been actively constructing and influencing the discourse on restorative justice in Europe, who have constantly bridged theory and practice. Additional material and case studies (=20) will be analysed, and 10 focus groups will be organised. The researcher argues that RJ has the potential to help the theory and practice of justice today. She argues (in line with Barbara Hudson) for an ethics of relatedness, interdependence and responsibility, and a justice “to come”. This will maintain the paradoxical notion of the universal (justice, ethics) as simultaneously impossible and necessary.