Independent Academic Research Studies wrote to the EU Commission expressing concerns regarding the proposed EU Directive on Victims planned to replace the 2001 Framework Decision on the Standing of Victims.
In its letter which is backed up by various organisations and can be downloaded here IARS welcomes the Commission’s intention and initiatives to strengthen the position of victims in the criminal justice system. As a pan-European, evidence based think-tank with expertise in youth matters, we also strongly agree and support the Commission’s statement that victims, which includes young people, must be protected and enjoy minimum level of rights and human rights without discrimination across the EU irrespective of their nationality or country of residence.
However, we are concerned with the proposed Directive on Victims aiming to replace Framework Decision 2001/220/JHA. We strongly support the statement submitted by the European Forum of Restorative Justice.
Our key concerns can be summarised as follows:
- The obligation to promote restorative justice (originally included in the 2001 Framework decision) is omitted. This is a step back, and a disappointing and unfounded development. We urge the Commission to read carefully existing evidence on restorative justice.
- The definition of restorative justice excludes the possibility of indirect contact between victims and offenders within a restorative justice context. Again, this development lacks evidence and represents a step back in promoting and supporting the restorative justice ethos. For instance, our definition states that “Restorative Justice is an ethos with practical goals, among which is to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue. Restorative justice adopts a fresh approach to conflicts and their control, retaining at the same time certain rehabilitative goals"(Gavrielides 2007).
- Access for all victims to restorative justice is essential in the final version of the Directive; we remain sceptical that certain groups will be excluded again without the available evidence to back up such an exclusion.
- Finally, we have strong evidence to believe that in going forward the new Directive needs to make clear that effective and substantial support for Members States to implement and expand restorative justice will be provided.
For further information contact Theo Gavrielides T.Gavrielides@iars.org.uk
Post new comment