Restorative justice becoming more common in Estonia's legal system

Restorative justice, which is already commonplace elsewhere in Europe, is becoming more popular in the Estonian legal system. The method sees the perpetrator and the victim hold dialogues before a trial or in parallel with criminal proceedings.
The state wants to promote a culture where perpetrators and victims can talk face-to-face while supported by specialists, such as conflict mediators from the Social Insurance Board (SKA).
Restorative justice seeks to create communication between those involved and to try and repair the damage.
Stanislav Solodov, team leader of the Criminal Policy Department of the Ministry of Justice, told ERR there are many cases connected to minor crimes where there is no dialogue between the victim and the perpetrator.
"A major obstacle in this process is the failure of the perpetrator to take responsibility. By creating this opportunity for dialogue, the perpetrator will also be able to better understand his or her actions and the real consequences of his or her behavior," he added.
The policy can also be used to resolve cases such as school bullying. Last year, SKA's volunteer conflict mediators helped to find a solution to 167 situations, and 40 were connected to schools.
Helerin Välba, the coordinator of SKA's restorative justice policy, said the sooner open dialogue is used in bullying situations, the better: "If bullying has indeed occurred, there is no waiting for the situation to resolve itself. Sometimes, for example, round tables are convened at school, which make things worse, and then we are called in," said Välba. "But then, because we involve parents in the process, feelings have already gone over the top and the willingness to work together is lower, or there are already more conflicts."
In the UK, restorative justice is used to prevent school bullying and discussions are held at the start or end of the school day or week. Such discussions can lead to a place where the bully apologizes to the victim, or, for example, offers compensation for a broken mobile phone, Välba said.
"Restorative justice is not a magic wand that works in every case, but if the parties themselves are willing to come together, to share their story, to find a solution together, restorative justice is the ideal way to do it," she added.
Estonia adopted the policy's principles 20 years ago, but since 2019 it has received more attention in general.
Studies show those involved appreciate having a safe environment to resolve conflicts, Solodov said.
"That is why we are trying to introduce more of this in policy in Estonia, to broaden these possibilities. Today, these possibilities are still rather limited, we do not have the possibilities to offer a rehabilitative process to everyone, but we are on the way to widening these possibilities and making them more available," he said.
--
Follow ERR News on Facebook and Twitter and never miss an update!
Editor: Helen Wright