Implementing Restorative Justice for Hate Incidents and Hate Crimes: A Practical Guide Restorative justice facilitates dialogue among victims, offenders and the community to repair the harm caused by the criminal conduct. Through mediated dialogue, restorative justice enables all to acknowledge the impact and identify practical measures to address the harm caused. While investigation, prosecution and appropriate sentencing are essential to deterring hate crimes, restorative justice offers a complementary approach to addressing the impact of bias- motivated incidents. Restorative justice can: • Empower victims and amplify their voices, particularly in cases that do not reach court, by providing a meaningful space for their experiences to be acknowledged; • Reduce emotional trauma, as victims feel acknowledged, and their identity differences are humanized through dialogue and repair; • Address underlying causes in greater depth than is often possible in formal criminal proceedings; and • Engage the wider community in the restorative process, facilitating access to essential social support and helping to mitigate future security concerns. Those applying restorative justice in response to hate incidents or hate crimes must approach it with care and awareness of the specific needs of those affected. The guide sets out the ten steps that all practitioners should consider when working towards a successful restorative justice outcome on cases involving bias- motivated incidents and crimes. Step 1: Changing perspective Both victims and offenders are regarded as equally important in the process. Step 2: Understanding and managing power relations All parties are equal in identifying the harm and in reaching agreement on reparation and/or restitution. The role of restorative practitioners is not to exercise control or authority, but to guide the process impartially. Step 3: Doing no [further] harm Restorative justice should only be used if this is in the best interests of the victim. Participation must be based on the victim’s free and informed consent, which may be withdrawn at any time. Step 4: Setting up effective referral processes Victims should be able to participate in a restorative process at any stage of criminal proceedings. Note: Harming parties who are in outright denial of the harm they have caused are not qualified for a restorative justice practice.
OSCE Office for Democratic Institutions and Human Rights Ul. Miodowa 10 00-251 Warsaw Poland Office: +48 22 520 06 00 office@odihr.pl odihr.osce.org Follow ODIHR Step 5: Preparing parties for restorative justice meetings The restorative justice process must be explained clearly to ensure realistic expectations. At the end of the process, practitioners should present participants with the available follow- up options, including referral to other support services or specialists. Step 6: Assessing risks (direct or indirect) Risks should be evaluated by their probability and followed by mitigation strategies. These measures must also reflect the specific circumstances of the case. Step 7: Facilitating the encounter and managing expectations Dialogue encounters should focus on the needs of hate crime victims and the impact of the incident on them. Practitioners should enable authentic cooperation and meaningful engagement between the affected parties. Step 8: Securing consensual, realistic, clear and time-bound agreements If the parties reach an agreement, practitioners must monitor and ensure compliance with the agreed outcomes. Step 9: Monitoring and safeguarding agreements Restorative justice practitioners should maintain contact with the participants and offer them the necessary assistance and support. Step 10: Ensuring holistic follow-up support The impact of bias-motivated crimes requires a holistic approach to support all parties. Practitioners should co-operate with partners, such as hate crime victim support providers, to ensure that case work is not done in isolation. This document was prepared by ODIHR as a follow up to the co-operation initiative between the OSCE Office for Democratic Institutions and Human Rights and the European Commission entitled, “Support to the Organization for Security and Co-operation in Europe (Office for Democratic Institutions and Human Rights) for knowledge sharing and standard setting on hate crime including hate crime victim support” (CERV-2023-IM-CRAC/RIGH/2). The project was funded by the European Union and the governments of Bulgaria, Italy, and Poland, and implemented by ODIHR. For more information, please visit STARS: Comprehensive Support for Hate Crime Victims. For further information, please see Implementing Restorative Justice for Hate Incidents and Hate Crimes – a Practical Guide Funded by the European Union With funding from the Italian Ministry of Foreign Affairs and International Cooperation With funding from the Ministry of Foreign Affairs of the Republic of Bulgaria With funding from the Polish Ministry of Foreign Affairs fi fi fi fifl To learn more about the STARS initiative, please contact ODIHR at hcvictimsupport@odihr.pl