Transcript The Colombian juvenile justice system

National Policy as a Vehicle to Promote
Restorative Justice for Children: an
example from Colombia
National Planning Department
Bogotá, Colombia
www.dnp.gov.co
CONTENT
1
The Colombian juvenile justice system: background and
guiding principles
2
Data related to the juvenile justice system
3
Restorative justice as a guiding principle
4
Key challenges related to restorative justice in Colombia
5
The public policy to prevent children and youth involvement in
crime and its restorative justice focus
The Colombian juvenile justice system: background and
guiding principles
Colombia legal
framework
2007
Guiding
principales
“Childhood and Adolescents Code” (Law number 1098 of 2006). In
Spanish we say the “Código de la Infancia y la Adolescencia”.
I.
The best interests of the child
II.
The principle of shared responsibility
III. Prevalence of rights
IV. Gender Perspective
The Colombian juvenile justice system: background and
guiding principles
Colombia legal
framework
2007
Main Goal
The law establiches a Specialized Juvenile Justice System
In Spanish: Sistema de Responsabilidad Penal para
Adolescentes - SRPA
Promote a process and measures that have a
pedagogical nature, which is different from the ordinary
criminal justice system applied for adults.
The law establishes a specialized process that must
ensure restorative justice, truth and the reparation of the
damage caused by the offence.
The Colombian juvenile justice system: background and
guiding principles
In Colombia the specialized Juvenile Justice System is characteristic by:
1. The minimum age of criminal responsibility is 14 years.
2. Even a child reaches adulthood, he or she must conclude the process
in the juvenile justice system.
3. The new law understands crime as an expression of a social conflict in
which institutions, the community, the victim, the family and the child
are co-responsible in the process.
4. The child is considered an active subject of rights.
The Colombian juvenile justice system: background and
guiding principles
The specialized Juvenile Justice System in Colombia have six types of sanctions
that can be applied:
i)
A reprimand,
ii) Imposition of rules of conduct,
iii) Provision of services to community,
iv) Probation,
v) Deprivation of liberty in semi-open institutions
vi) Deprivation of liberty in a specialized centre
Principles and specific criteria to apply the sanctions: i) the age of the child, ii) specific
circumstances and the context, iii) the seriousness of the criminal offense, v) the
damage that was caused and vi) the needs of the victim, of the offender an of the
society
The Colombian juvenile justice system: background and
guiding principles
Ministry of
Education
Ministry of
Health
Ministry of
Labour
Prosecution
Service
Specialized
Judges
Colombian Juvenile
Justice System
Colombian
Institute of Family
Welfare
Family
Lawyers
Judicial
police
Specialized
National Police
Ministry of
Culture
Ombudsman
Data related to the juvenile justice system
Since 2007 a total
of
176.694
children got in
contact with the
justice system.
Data related to the juvenile justice system
Typology of offense
2%
3% 2%
4%
4%
Thieft
Trafficking and possession of drugs
7%
39%
Personal Injury
trafficking and possession of firearms
Sexual Offences
9%
Domestic violence
Damage to property
Homicide
Others
30%
Data related to the juvenile justice system
Since the entry into force of the “Childhood and Adolescents Code”, a
total of 176.694 children got in contact with the justice system.
Sanctions
26.9%
Probation
22.4%
Imposition of rules of conduct
21.3%
Deprivation of liberty in a specialized centre
15.7%
Deprivation of liberty in semi-open institutions
9.3%
A reprimand
4.5%
Provision of services to community
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
Restorative justice as a guiding principle
• Re-establishing the violated rights of the child while at the same time
making the child accountable for having infringed the penal law.
• Preventing recidivism and creating the conditions for the victim to
be able to participate in the process and to be entitled to reparation.
• Through 2 mechanisms that are regulated by the law
1. Mediation
2. Principle of opportunity (preclusion)
Key challenges related to restorative justice in Colombia
• Recognize that a child within the juvenile justice system is no longer a passive
subject that needs assistance, but an active subject of rights who is entitled to full
protection.
• Pressure by the social media and the political context to promote more punitive
approaches.
• Raise awareness of all the actors involved in the juvenile justice systems about the
advantages of applying restorative justice for children.
• Promote alternative measures to deprivation of liberty.
• Juvenile Justice institutions and actors are well coordinated and cooperate to
promote the rights of the child involved in the juvenile justice system.
• Development and enforcement of national policies, plans, strategies and
programmes at both national and local levels with availability of human, financial
and organizational resources
The public policy to prevent children and youth involvement in
crime and its restorative justice focus
Why to invest on prevention of crime?
The cost of
punitive
measures is eight
times higher
It produces
results in the
short and
medium term: If
intervention is
integral,
continuous and
monitoring.
Punitive
approaches lead
to an increase in
violence and to
inefficiency to
prevent crime.
The public policy to prevent children and youth involvement in
crime and its restorative justice focus
Social Prevention of Crime
Bases its interventions on the understanding that there are multiple risks factors related to the
commission of crime and on the pressing need to tackle those risks factors.
.
14 – 28 years
Population at high risk of
offending
Epidemiological perspective
Population
who have already entered
the justice system
ECOLOGICAL MODEL
PROTECT
FACTORS
Individual
Family
Education
RISK
FACTORS
Social Comunity
Social
Institucional
Key challenges related to restorative justice in Colombia
1. Application of restorative justice practices targeting children and youth at
high risk as a mechanism for preventing children coming in contact with the
justice system.
• The Colombian Institute of Family Welfare has decided to design and
implement the program in coordination with local governments for
strengthening the capacity of communities in restorative justice practices in
ten regions.
Key challenges related to restorative justice in Colombia
2. Application of restorative justice in the juvenile justice system as an
alternative measure.
• Capacity-building programme targeting specialized prosecutors to promote
the implementation of the principle of opportunity.
• Centre of social integration to promote and respect the rights of those
children that benefit from alternative measures to judicial proceedings with a
view to also preventing recidivism.
• System of Risk Assessment and Management of Recidivism as a useful tool
to determine the profile of children and the required comprehensive
protection according to conditions of vulnerability
Key challenges related to restorative justice in Colombia
3. Promoting capacity-building programmes on restorative justice for juvenile
justice professionals.
• Process of developing a toolbox of restorative justice which will consist of a
manual on restorative justice and two methodological guidelines for
implementing restorative practice, as well as a methodological guide for
conflict mediation in school and crimes in the educational context.
• Specialized manual targeting prosecutors in charge of juvenile justice
processes on the application of restorative justice for children.
Key challenges related to restorative justice in Colombia
4. Strengthening alternative measures to deprivation of liberty and social
reintegration measures upon release from detention.
• The impulse to non-custodial sanctions facilitates the integration of children
into the community and creates the conditions for the reparation of the victim.
• Create opportunities for social inclusion to prevent recidivism and that is why
specific interventions aim to promote social integration after a period of
detention.
Key challenges related to restorative justice in Colombia
5. Establishing a Commission to monitor human rights of children in conflict
with the law.
THANK YOU
María Catalina González Moreno
Tel. (57 +1) 381 5000 Ext. 6023
Calle 26 No. 13 - 19 Edificio Fonade
Bogotá - Colombia
www.dnp.gov.co