­­ / Cristian Noir - Romania © Tdh Restorative Justice in Cases involving Child Victims in Romania December 2020 Prepared by Cecilia POPA ­­ / Jean-Luc Marchina - Kosovo © Tdh i-RESTORE is co-funded by the European Union’s Justice Programme (2014-2020). Disclaimer The content of this report represents the views of the author only and is his/her sole responsibi- lity. The European Commission does not accept any responsibility for use that may be made of the information it contains. 2 Restorative Justice in Cases involving Child Victims in Romania Table of contents Acknowledgements 5 Acronyms 6 Executive summary 7 1. History 9 A Experimental Centres of Restorative Justice 10 B Current practice of mediation in Romania 11 C Working with children and the use of restorative justices 12 2. Statistitics 14 3. Legislation & policy strategy 16 4. Trainings & studies 21 A. Trainings 21 B. Studies 22 5. Research 25 A. Methodology 25 B. Research findings 26 1. Policymakers 26 1.1 Working with child victims/elements of restorative justice 26 Summary of key findings 29 1.2 Challenges when working with children 29 Summary of key findings 31 1.3 Best practices when working with children 31 Summary of key findings 33 1.4 Trainings on restorative justice and/or child protection 33 Summary of key findings 34 2. Practitioners 34 2.1 Working with child victims/elements of restorative justice 34 Summary of key findings 37 2.2 Challenges when working with children 38 Summary of key findings 41 2.3 Best practices when working with children 41 Summary of key findings 43 2.4 Trainings on restorative justice and/or child protection 44 Summary of key findings 45 Table of contents 3. Children 46 3.1 Children's opinions about restorative justice 46 Summary of key findings 47 Conclusions and recommendations 48 Recommendations 50 Bibliography 51 Annex 1 54 Case Study 1 - Restorative Justice Experimental Centre in Bucharest 54 Case Study 2 - Restorative Justice Experimental Centre in Craiova 56 Annex 2 57 List of interviewees 57 Annex 3 59 Case Study used as an example when talking with young people 59 Acknowledgements I would like to take this moment to express my deepest appreciation to the entire Terre des hommes team who has been extremely helpful in the past few months in providing all the support needed for conducting this study. A special recognition is addressed to the one and only Rodica Novac who has been an admirable co-researcher. I would equally like to thank Emanuela Biffi from the European Forum for Restorative Justice and Annemieke Wolthuis and Malini Laxminarayan from the Restorative Justice Netherlands for their helpful reviews and com- ments to the present report. Special thanks to the army of volunteers, Ruxandra Dorobantu, Alexandra-Maria Dan, Andrada Elena Danaila and and Alina Diaconu who have been tirelessly and impeccably transcribing the many hours of interviews. Many thanks also to Anamaria Oprea (nee Szabo), Ionut Stoica and Ovidiu Majina for facilitating some of the interviews included in this study. Many thanks as well to Amanda Taylor for her outstanding edition and proofreading of this report. And last but certainly not least, to every single one of the respondents of this study who brought their knowledge and energy into building this report that we hope will open doors to best practices with child victims. Cecilia Popa 5 Acronyms ANA CRJ INS Agentia Nationala Antidrog Centrul de Resurse Juridice Institutul National de Statistica (Anti-drug National Agency) (Centre of Legal Resources) (National Institute of Statistics) ANP CSM NICHD Administratia Nationala a Peniten- Consiliul Superior al Magistraturii National Institute of Child Health ciarelor (National Administration (Superior Council of Magistracy) and Human Development of Penitentiaries) DAS NGO ANPDCA Directia de Asistenta Sociala Non-Governmental Organisation Autoritatea Nationala pentru (Directorate of Social Work) Protectia Drepturilor Copilului si RJ Adoptie (National Authority for DGASPC Restorative Justice Protecting Child’s Rights and for Directia Generala de Asistenta Adoption) Sociala si Protectia Copilului SPAS (General Directorate of Social Serviciul Public de Asistenta CAB Work and Child Protection) Sociala (Social Work Public Child Advisory Board Service) DIICOT CCR Directia de Investigare a Infrac- Tdh Curtea Constitutionala a Romaniei tiunilor de Criminalitate Organi- Terre des hommes (Romanian Constitutional Court) zata si Terorism (Directorate for Investigating Organised Crime and CJRAE Terrorism) Centrul Judetean de Resurse si Asistenta Educationala (County FONPC Centre of Educational Resources Federatia Organisatiilor Negu- and Assistance) vernamental pentru Copil (The Federation of the Non-govern- CMBRAE mental Organisations for the Child) Centrul Municipiului Bucuresti de Resurse si Asistenta Educationala ICCJ (Bucharest Centre of Educational Inalta Curte de Casatie si Justitie Resources and Assistance) (Supreme Court of Cassation and Justice) COR Classification of Occupations in INM Romania Institutul National al Magistraturi (National Institute of Magistracy) CP Criminal Code INPPA Institutul National Pentru Pregati- CPC rea Avocatilor (National Institute Criminal Procedural Code for the Training of Lawyers) 6 Restorative Justice in Cases involving Child Victims in Romania Executive summary This study is part of the project “i-RESTORE - Protec- the relationship between the school and the family of ting Child Victims through Restorative Justice” and is the child. The second is the social mediator, who was aimed at identifying gaps and synergies concerning created to help people in need in different small com- the application of restorative justice (RJ) in cases munities to deal with public authorities or businesses. involving child victims. Amongst other goals, the pro- The third is the sanitary mediator who was created to ject identified RJ practices in Romania, with a focus help people in small communities with a lack of hygie- on the particularity of this process and the existence ne resources. The fourth is the mediator counsellor of best practices when working with children. who works in schools as a school counsellor. The fifth is the mediator created following the Mediation Law The first part of this report addresses the history of RJ in 2006. in Romania, from the introduction in the Classification of Occupations in Romania (COR) of different termino- In 2006, Romania adopted the Mediation Law logies of the mediator to the RJ Experimental Centres (192/2006), the first of its kind, that regarded the pro- at the beginning of 2000 and to the current state of fession of mediation in both civil and criminal cases. mediation as portrayed in the law and in practice. On April 5, 2020, according to the Mediation Council, there were 10,646 authorised mediators across The second part of this report comprises of an em- Romania and 23 authorised training providers in nine pirical study, which includes 40 professionals and 20 cities of Romania. children in 25 consultation meetings. The findings of these consultations and interviews conclude around Some believe that these mediation professions five main topics: restorative work with child victims, should be merged into one, as too many definitions the challenges showcased when working with child- create confusion. However, others consider that the ren, best practices when working with children, the separation between different types of mediators is existence and the frequency of training in RJ and useful because different formats address various juvenile justice and children’s opinions about RJ. community needs. When referring to child victims, it is essential to Romania experienced the first initiatives of RJ, similar remember that child offenders have often been vic- to the practice today in other countries, in 2002 with timised themselves and so they have been included the first Restorative Justice Experimental Centres, in the terminology of child victims for this study. In one in Bucharest and the other one in Craiova. reference to the statistics obtained and displayed Through these centres, youth perpetrators were able below, there is a rough estimation that less than to access mediation in cases of crime for which wit- 15% of the minors who committed crimes and are hdrawal of prior complaint or reconciliation between criminally responsible end up in either the prison parties was possible. Despite many difficulties that system or probation. The other part, thus, falls within any new initiative has, these centres had positive re- the situation where a criminal investigation is not sults, with 83% of the victim-offender mediation mee- undertaken. Unfortunately, for most of these children, tings reaching an agreement in Craiova and 60% of the there is no further assistance. However, as detailed meetings having a similar outcome in Bucharest. As in the research findings, all professionals agree that estimated at the time, the costs involved showed that there is still a long journey to embark upon in order to mediation in the RJ Experimental Centres amounted establish an ideal justice system for children. to 77% less than the expenses that the judicial system would entail, including the costs of all professionals According to the COR, five working occupations use involved to work with a case. The RJ Experimental the title of mediator, some of these have existed since Centres ceased operations in 2004 on account of the the 1990s. The first is the school mediator, created difficulties experienced by initiators (independent for the Roma community, and who works to facilitate organisations) to secure further funding. 7 In Romanian culture, the concept of mediation is While there have been quite some developments for used more often than restorative justice. Elements of adults, practices targeting children are lacking. Many RJ in Romania are seen in the practice of mediation experts raise the issue that the Mediation Law refers implemented in civil and criminal cases, either during to minors in only one Article, inferring that this prac- a judicial process or before a judicial process could tice was not envisioned to include child victims.