Reports of rising crimes are often followed by calls for tougher penalties. However, victims do not care much about this: they are mainly looking for recovery. According to criminologist Ivo Aartsen, criminal law still pays little attention to this matter.
© Unsplash/Ryuji Iwata
Haunting testimonies
TV series”Belgium true crime” Discusses in detail Hans van Timsche's fatal drive through downtown Antwerp in 2006. It claimed the lives of little girl Luna and babysitter Olimatu.
“The conversation between Van Timsche and little Luna’s mother is captivating.”
Almost everyone involved has their say. Haunting It is the conversation that took place in prison between Van Timsche and little Luna's mother. An encounter worthy of respect and admiration, but it also raises questions about the workings of our criminal justice system.
Need to understand
Some things remind us certificate From the brother of the student Sanda Zia in the newspaper. He fought for truth, justice and recognition for his brother for five years. But the long-awaited criminal trial did not bring him the recovery and healing he had hoped for.
Every lawsuit is different. The experiences of victims, perpetrators and their families vary greatly in different situations. However, there is also a common thread: the need to understand and be able to express something and achieve some form of healing and recovery.
Not just vulnerable
In many recent criminal cases, the victim no longer appears merely as a weak, dependent and incompetent figure who is exposed first to the crime and then to the judicial process. A victim is someone who wants justice, to be heard, and to be properly informed.
There are a number of things necessary to achieve this: being heard, believed and taken seriously, being able to voice your claim, and finally seeing someone held accountable. This involves more than simply strengthening the victim's legal status or providing emotional support.
Polarization process
So there is still work to be done. Although judicial investigations and criminal proceedings go according to the book, basic questions asked by victims and their relatives often remain unanswered. The truth was not revealed enough. For the latter, we need a guilty person who feels responsible for the crime and its consequences.
“Perpetrators, victims and other parties involved must be treated more positively about their capabilities.”
Our courts and procedures do not provide the most appropriate forum here. A criminal process that is too formal does not pose a sufficient challenge for the perpetrator to bear responsibility. The often polarizing nature of the process encourages defensiveness, minimization and self-justification in the perpetrator.
More personal confrontation
Growing insight into one's behavior and the consequences for the victim requires different things: a different environment and a more personal confrontation. Perpetrators, victims and other parties involved must be treated more positively in relation to their capabilities.
This requires more space and support for a different type of engagement and communication between offenders and victims, throughout the entire course of the criminal process.
Restorative justice is not well known
This is where restorative justice ideas come onto the scene. This approach is under full development, but is not well known to a wide audience.
Restorative justice no longer views crimes as violations of abstract legal rules, but as events that are experienced concretely. It is about the harm that occurs in the daily lives of victims. About broken trust and broken relationships between people and between people and institutions.
“Restorative justice views crimes not as violations of abstract legal rules, but as events that are experienced concretely.”
Healing here does not mean returning to the state that was before the crime. Restoration is not the same as reconciliation or forgiveness. It's about trying to give injustice a place in the rest of your life.
Restorative justice is based on values such as taking ownership and speaking up. Then finding the truth by relying on dialogue – rather than struggle – becomes possible.
Not naive
Restorative mediation is not naive, and this is proven by the practice carried out by organizations such as: admin vzw. With the help of a mediator, difficult or previously thought impossible conversations become possible. It is necessary to provide security for a confidential meeting between the victim, the perpetrator, and any other parties involved. “Looking the victim in the eye” can make a difference in learning to take responsibility again in the future.
“Recovery and mediation are also possible in the case of serious crimes.”
Contrary to what many people think, the practice of mediation is not limited to minor crimes, but also applies to serious crimes. Mediation can still begin after conviction. We see this, among other things, in the conversation between Luna's mother and Hans van Timmesch.
Narrowing the gap
We have a vested interest in not separating restorative justice practices from criminal law. The interaction between the two approaches is fruitful. It leaves room for confrontation between the moral meaning that appears in recovery conversations and the interpretation of justice according to the law.
This is an opportunity not only for citizens, but also for the judiciary to restore confidence and reduce the gap with society. Restorative justice will never be applicable in all cases. We can try to walk this path as much as possible and give dynamics that promote healing and recovery at every opportunity.
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