40 ideas para la práctica de la justicia restaurativa en la jurisdicción penal

Alberto José Olalde Altarejo, 40 ideas para la práctica de la justicia restaurativa en la jurisdicción penal [40 ideas for the practice of restorative justice in criminal justice]. Madrid: Dykinson, 2017, 428 pp., ISBN: 978-84-9148-348-9.

According to Olalde’s own words, this book is the end of a learning path or, perhaps more precisely, a stop on a research trip that the author will continue to be immersed in. He defines it as his humble contribution to the field of research and action in the practice of restorative justice within the criminal justice arena, including a compilation of useful ideas for practitioners and volunteers of restorative justice. It may be that the term ‘ideas’ is what best defines the proposals: acts of understanding limited to the knowledge of something, which would be defined individually in many different ways as techniques, studies, formulas, lived experiences, practices and even small tricks.
It is a book written in a formal, technical and respectfully documented tone. It is fluid, written from patient study and passion for restorative justice. It emphasises its practical point of view, which makes the author’s experience visible, and moves through different styles and landscapes. The work is structured from five perspectives (epistemological, contextual-institutional, ethical, personal and methodological) spread throughout five chapters as five lenses. Within these chapters, those 40 ideas appear before our eyes, which can also be read in no particular order and consulted at any time after finishing the book.
The first chapter ‘wishes to address … the epistemological and conceptual paradigm of the practice of restorative justice’ (39). Here, the author reflects on the need for a multidisciplinary vision and upholds that ‘restorative justice and social work seek to promote positive changes in people and societies’ (52). It is perhaps from the perspective of a social worker that the practice of restorative justice in the book becomes most meaningful. Not in vain, Olalde is a professor of labour relations and social work of Vitoria-Gasteiz at the University of the Basque Country (UPV/EHU) and doctor in social intervention and mediation by the University of Murcia, Spain. The first chapter highlights the social innovation of restorative justice programmes, defined as emotionally intelligent justice in a context used to bureaucratic inertia. It warns about the risks of the institutionalisation of restorative processes in the criminal justice sphere, which may be able to satisfy other interests. Chapter 1 introduces narrative therapy for activation of meanings and stories as resources of empowerment for people and gives us the basic elements to understand the strengths of social work. As said at the end in the epilogue by María Paz García-Longoria, ‘it strengthens the strengths of people, puts the focus not on the problems but on the positive aspects for the construction of a better world’ (389). In this chapter, he also exposes the views of psychology, criminology, victimology, criminal law and philosophy towards the practice of restorative justice. This helps us to understand the model of transformative mediation, the humanistic model and the balanced model of restorative justice. The chapter ends on terrorist victimisation and restorative encounters between former ETA members and victims, and their implications, a process in which Olalde took part.
The contextual lens, the focus of the second chapter, shows us the background of restorative justice in Spain, listing the first pioneering programmes and their characteristics, the normative and legal context of the United Nations, European Union and Spain. It places the penal system and the restorative system in a framework of coexistence and ends with a call for a meeting between the penal system and social services.
The third chapter focuses on an ethical perspective from which to understand the values of restorative justice and professional ethics in the implementation of restorative practices. Furthermore, it describes the profound ethical reflection necessary in the terrorist victimisation generated by ETA, some transversal ethical perspectives, such as that of gender. It introduces the restorative alliance as the relationship established between facilitator and participants in the restorative process, which is of special importance after serious crimes, that may require long periods of preparation, facilitation and follow-up.
Chapter four, the personal optics, focuses on the facilitator, addresses his or her identity and his or her competences. It begins with the notion of person and the properties that configure our conception of person, it continues with the mediating person in civil mediation and his or her competences. In this chapter, he distinguishes the figure of the facilitator in a context of broader mediation, conferences or circles, where the mediating person acquires a role of facilitator, defined as a ‘peacemaker’. The author writes about training, about the lack of any legal provision in Spain in this regard, and outlines the know-how needed for a facilitator, which does not only include the knowledge but also knowing how to facilitate and how to be facilitator. He ends this chapter pointing out the importance of proper supervision and evaluation of the facilitator and his or her team.
The last lens is developed in Chapter 5, internationally recognised methodological foundations and the different processes of restorative justice. It is a chapter full of ideas as 10, among the book’s 40 ideas, are listed herein. Initially, the author explains the bases of a restorative methodology and compares it with the methodology of social work, differentiating that the object, in one, is the person in need and in contact with his or her environment and, in the other, the criminal act and its consequences. This chapter provides many useful resources, such as potential risks and benefits for victims and victimisers, and delves into the phases of a restorative process. Furthermore, it proposes a methodological guide during the dialogue, types of agreements and others. It mentions different restorative group practices, with an introduction to conferences and circles, and makes a clear distinction between the four restorative processes (mediation, restorative meeting, conferences and circles). The most sensitive part of the chapter may be idea number 34, where a restorative encounter within the realm of an ETA victimisation is narrated from beginning to end. The last six points of the chapter are a valuable set of micro-tools, which include questions to prepare processes and restorative conversations, clauses of drafting agreements and informative notes to courts, risk assessment in sensitive and complex cases and even some simple tools of restorative improvisation. The last idea, number 40, enumerates a long and complete list of good practices suitable in the different restorative processes.
In sum, I definitely recommend this book as an enriching compendium of restorative practices and ideas that offers a wide range of useful resources in our daily work. The author clarifies that this book is not a manual and in turn, at the beginning of the first chapter, invites the facilitator to create his or her own manual drawing on one’s experiences. In fact, my copy of the book, after reading it, has been filled with notes in pencil and coloured markers, distinguishing themes: reparation of damage, work with the victim, work with the victimiser, mediation, different types of restorative practices, dynamics, examples, transversal interventions, consultation forms and so on. It provides the reader with new ideas to carry out, new scenarios and improvement techniques applicable to one’s practice. The book serves as an inspiration to continue improving restorative justice in the future.
If Olalde’s purpose was to group and share useful ideas for restorative practice, he has achieved it, and he has done so by transmitting the humility of one who believes that everything remains to be learned. Everything to be learned in something that, as the author recognises in his book, at a certain moment gave a special meaning to his personal and professional life, something that reflects throughout the narrative. Such humility is highly welcome, especially when it comes to writing and exposing his broad knowledge, leading to this compendium of thoughtful and useful information. Ideas.