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In December of 2002,the Colombian National Congress made several changes to article 250 of the Constitution of 1991, which addresses the obligations of the prosecutor in investigation and prosecution of criminal cases. One of those many changes was the inclusion of restorative justice.

Paragraph seven of the article now reads: 

“To watch for the protection of victims, jury members, witnesses and other participants in a criminal trial, the law will set the terms in which the victims will be able to intervene in the criminal trial and the mechanisms of restorative justice[1].” 

The idea of restorative justice was included as part of an emphasis on the rights of victims. According to the organization Corporación Excelencia en la Justicia, the project to create these changes operated with preferential treatment of victims by trying to involve them in the resolution of criminal conflicts. The goal is to meet the needs of victims and to re-establish social peace. 

Taking advantages of this recent amendment, Prison Fellowship of Colombia hosted a restorative justice seminar on March 28-29. Seminar participants included justice officials, university professors, and non-governmental organizations. Dr. Elias Carranza, director of the United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders, began the seminar by outlining the realities of criminal justice systems throughout the region.  His demonstration of the prison overcrowding problem set the stage for the introduction of restorative justice as an alternative response to crime. Dan Van Ness provided an introduction to restorative justice values and processes, and Lynette Parker outlined restorative practices being used in the Latin American region. The afternoon ended with a discussion of United Nations activities in the area of restorative justice and a question and answer session. 

The second day of the seminar focused on a unique prison management system that transforms the typical government/community relationship by using community members in administrating the prison and working with offenders. Developed by the Association for Protection and Assistance to the Convicted (APAC), the Prison Fellowship affiliate in Brazil, the APAC methodology is highly restorative and reintegrative in working with offenders.  This portion of the seminar was lead by Dr. Mario Ottoboni, one of the founders of APAC. 

The seminar was well received, with over 180 participants registered and the majority of those remaining for the entire event. Other activities included presentations at five law schools and before 200 prosecutors, and an interactive discussion session with justices of the peace on the principles of restorative justice and its relevance to their work. 

Encountering Restorativeness: Reflections from Colombia reflections from a seminar presenter.

[1] Author’s translation

Lynette Parker

May 2003

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