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Responsibility-Taking, Relationship-Building and Restoration in Prisons W Indt Tü Nde B Arab Á S – Orb Ál a F E Ll Egi Sz Andra

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Responsibility-Taking, Relationship-Building and Restoration in Prisons W Indt Tü Nde B Arab Á S – Orb Ál a F E Ll Egi Sz Andra TÜNDE BARABÁS – BORBÁLA FELLEGI – SzANDRA WINDT RELATIONSHI RESTO RES MEDIATION AND RESTORATIVE JUSTICEINPRISONSETTINGS AND RESTORATIVE MEDIATION P Editors: Tünde Barabás–BorbálaFellegiSzandraWindt Editors: Tünde European Commission—Directorate—General Justice, Freedom andSecurity Freedom European Commission—Directorate—General Justice, ONSIBILITY-TAKING, ONSIBILITY-TAKING, R With Financial Supportfrom CriminalJusticeProgramme 2008 With Financial ATION IN P IN ATION P Budapest, 2012 Budapest, -BUILDING AND AND -BUILDING R ISONS Responsibility-taking, Relationship-building and Restoration in Prisons MEDIATION AND RESTORATIVE JUSTICE IN PRISON SETTINGS Produced by the Foresee Research Group and the National Institute of Criminology in the framework of the project entitled “Mediation and Restorative Justice in Prison Settings”, No. JLS/2008/JPEN015-30-CE-0267156/00-39, financed by the Criminal Justice 2008 programme of the European Commission www.mereps.foresee.hu ISBN 978-963-89468-1-2 © All rights reserved Editors: Dr. Tünde Barabás, PhD Borbála Fellegi, PhD Szandra Windt, PhD Printed and published by: P-T Műhely; commissioned by the National Institute of Criminology Printing house: AduPrint Budapest, 2012. Contents `` IntroductIon ...............................................................................................................................................................8 Acknowledgements ....................................................................................................................................................... 9 Martin Wright: Foreword ...........................................................................................................................................11 Introductory thoughts ................................................................................................................................................17 `` Hungary ...........................................................................................................................................................................22 Tünde Barabás: The possibilities of reconciliation and restoration in prisons ............................ 23 Szandra Windt: Opportunities for prison mediation based on the opinions of prison staff, inmates and victims..................................................................................65 Dóra Szegő – Borbála Fellegi: The face behind the fence – conflict management within the prison and beyond .............................................................................................................................. 89 András Szűcs: Opportunities for the application of mediation in the phase of execution of punishments: the perspective of a practicing public prosecutor .................... 151 `` england ........................................................................................................................................................................ 160 Theo Gavrielides: Restorative justice and the secure estate: Alternatives for young people in custody .......................................................................................................................................................161 `` germany .......................................................................................................................................................................204 Arthur Hartmann – Marie Haas – Felix Steengrafe – Judith Geyer – Tim Steudel – Pinar Kurucay: Prison mediation in Germany ................................................................205 `` BELGIUM ...........................................................................................................................................................................262 Ivo Aertsen: Restorative Prisons: where are we heading? .....................................................................263 `` case`studIes ............................................................................................................................................................. 278 Els Goossens: A case from Belgium ...................................................................................................................279 Dóra Szegő – Borbála Fellegi: Sorting out family relationships in the course of a temporary release – Róbert’s story ........................................................................................................289 Negrea Vidia: The application of the restorative approach in the reintegration of ex-prisoners ................................................................................................................295 `` appendIx .......................................................................................................................................................................306 Key legislative changes impacting on the prison population in England and Wales 1996 – 2009 ...................................................................................................................307 `` List`of`references ...........................................................................................................................................308 `` About`tHe`autHors ....................................................................................................................................... 320 7 Introduction acknowledgements Primarily, we would like to thank the financial and adminis- trative support of the European Commission, without which the MEREPS project could not have been started and re- alised. We also want to thank the Office of the Prosecutor General and the Director General of the Hungarian Prison Service for making it possible for us to conduct the project successfully. We are grateful to the following Hungarian partners of the project for their generous and hard work while they assisted in the realisation of the project from beginning to end: the staff of the Ministry of Public Administration and Justice, the Balassagyarmat Penitentiary and Prison, the Cen- tral Office of Justice of the Ministry of Public Administration and Justice, the Tököl Penal Institution for Juvenile Offenders, the Hungarian Judicial Academy, the Hungarian Crime Pre- vention and Prison Mission Foundation, the Local & Regional Monitoring Institute (LRMI), the Community Service Founda- tion and the Innokut Non-profit Ltd. We especially want to thank our foreign partners who, through their knowledge as well as their devoted and com- mitted work, provided the opportunity to familiarise our- selves with the international dimensions of the subject: Dr. Theo Gavrielides, Lewis Parle, Els Goossens, Dr. Arthur Hartmann, Marie Haas, Felix Steengrafe, Judith Geyer, Tim Steudel, Pinar Kurucay, Christa Wiechert, Karolien Mariën, Kerry Clamp and Jolien Willemsens. 9 We especially thank the following people for their help in the project: Dr. György Virág and Éva Schiller for supporting the participation of the National Institute of Criminology from beginning to end with their expertise; Dr. Alison Liebling and Marina Cantacuzino for enriching the final conference of the project with their experiences; Dr. Éva Győrfi for the excellent consultancy she provided for the team; Dr. Gergely Bánhegyi, Dr. György Benedek, Dr. Erzsébet Diós, Dr. Erzsébet Hatvani, Dr. Zoltán Kunfalvi and Dr. Edit Törzs for the effective establishment and operation of the Hungarian partnerships; Gabriella Benedek for the effective and accurate coordination; Dr. István Budai, Mihály Kovács and Tamás Tóth, as well as the staff and inmates of penal institutions, for honouring us with their confidence; Dr. Ivo Aertsen, Dr. Martin Wright and Robert Shaw for their contribution to the project with their advice and studies; Lizzie Nelson for her professional support for the project; Dr. Marian Liebmann for the excellent prison mediation training she held and her contribution to the final conference; Martine Parmantier, Beatrice Verfaillie, Christian Flourentzou and Michael Brown on behalf of the European Commission for helping in all the operational aspects of the project; Csilla Katona for helping us with her experience of cooperation with inmates; Dr. Róbert Kovács for his excellent and professional work performed in the completion of the research; Tania R. Petrellis for her contribution to the final conference; Lisa Rea for her assistance in the international dissemination of the project; Negrea Vidia for her expert advice and continuous support; Zsuzsanna Papp for her help in the research; Dóra Szegő for the comprehensive follow-up and analysis of the pilot project; and Ádám Végh for editing the www.mereps.foresee.hu website. This book could not have been realised without the accurate and keen work of the printing company, “PT Műhely” and Afford Translation Agency. The editors on behalf of the MEREPS team 10 Martin Wright1 FOREWORD At first sight, imprisonment and restorative justice operate on different wavelengths. A prison sentence is imposed pri- marily as a punishment for what a person has done in the past, while restorative justice is about making things better in the future – and for the victim as well as the offender. But prison is a fact of life: there are about 10 million prisoners worldwide; of the countries covered in this book, there are fewer than 100 prisoners for every 100,000 Germans and Belgians, and about 150 per 100,000 Hungarians and British inhabitants (Walmsley, n.d.). In Britain and many other coun- tries, the prisons
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