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Ukraine Juvenile JusƟce Reform Project 2010
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JUNE
NEWSLETTER # 1
INFORMATION ABOUT THE PROJECT The Juvenile Justice Reform Project in Ukraine (UJJRP) is a 5 year Canadian-funded technical cooperation project that aims to support the Government of Ukraine’s commitment to strengthen the rule of law in Ukraine and reform its justice system. UJJRP is supporting Ukraine in its overall long-term goal of developing and delivering an effective and responsive juvenile justice system which aims to:
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reduce the level of juvenile crime; more effectively protect the rights of youth who come into conflict with the law; and support their rehabilitation and reintegration into their communities.
UJJRP focuses on strengthening the individual capacities of key public institutions involved with juvenile justice. While the main project partners are the Ministry of Justice of Ukraine and the Supreme Court of Ukraine, the project activities include other stakeholders from the justice system as well as civil society, with the aim of promoting effective cooperation between all stakeholders in order to develop a holistic system of justice for youth who come into conflict with the law.
icy framework for juvenile justice that incorporates international standards related to children’s rights, including principles of restorative justice, and is supported by stakeholders. (2) Judicial Practise Focus: Strengthened capacity of judges and courts to apply new approaches and best practices to support rehabilitation and prevention of future offences while upholding the rights of children and youth in conflict with the law. (3) Community Focus: Strengthened delivery in two pilot locations of juvenile justice programs incorporating international youth justice and restorative justice standards and best practices. The two pilot locations are Melitopol and Ivano-Frankivsk. The Ukraine Juvenile Justice Reform Project is funded by the Canadian International Development Agency (CIDA) and implemented by Agriteam Canada Consulting Ltd. in cooperation with the Government of Alberta Provincial Ministry of the Solicitor General and Public Security.
There are three main sets of UJJRP activities: (1) National Policy and Legislation Focus: Development of a national legislative and polUkraine Juvenile Justice Reform Project
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A juvenile justice system is… The existence of laws, policies, procedures, institutions and treatment designed specifically for children in conflict with the law.
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WHAT IS JUVENILE JUSTICE? Juvenile justice (also referred to as youth justice) is a system of justice specifically tailored for underage persons (minors) who have come into conflict with the law. While the same range of agencies are involved in criminal cases involving minors as adults, from police and judges to community groups, within a juvenile justice system, young offenders are dealt with in a special manner that is appropriate for their age and level of development or maturity. Juvenile justice systems aim to ensure that young people are held accountable for their actions but also aim to ensure that they also are provided with the tools they need to become active and contributing members of society. Such systems recognize the fact that young people are not the same as adults and take into account the unique physical, psychological and social features of young people and their unique rights as young people. Juvenile justice is based on the premise that public protection is best ensured when the justice system is not retributive but instead teaches young people the consequences of violating the law and focuses on rehabilitating young offenders and preventing future criminal behavior. For this reason, rehabilitation and crime prevention are among the primary goals of juvenile justice systems. A specialised juvenile justice system may not necessarily mean a completely separate system of justice. It does, however, consist of approaches, tools, and programs specifically applicable to youth. An effective juvenile justice system: applies means of accountability that are commensurate with the youth’s maturity; minimizes delays between the time of the offence committed by the young person and the time of response by the “system”, whether the intervention involves pre-judicial measures or court process, including trial and sentencing; provides procedural protections for youth upon arrest, pre-trial and at all stages of the judicial process; emphasizes the importance of rehabilitation and reintegration for youth.
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In practise, this often means that the role of the family and local community becomes very important in
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the rehabilitation and reintegration of young people. The family, as the fundamental unit responsible for the primary protection, care and upbringing of children can have a positive impact on insulating children from antisocial and criminal patterns. Family and local community can play a central part in rehabilitation programmes designed for young offenders. Community programs promote connections between the young person and his or her community. Compared to institutional placements, they are less costly, less disruptive to families and have the potential to address youth delinquency in the natural context in which it is likely to occur. Thus, community support to those who are released after institutional placement can serve as an instrument to reduce the level of recidivism among young offenders, as well as protect the communities themselves.
JUVENILE JUSTICE IN UKRAINE Juvenile justice systems exist in many countries across the world, including European countries, the United States, Canada, Australia and Japan. Ukraine, too, has a history of understanding that youth have different needs than adults. In 1897, when Ukraine was under the Russian Empire, a law was adopted “On amendments to the forms and customs of legal proceedings regarding criminal cases involving under aged children and minors as well as legal provisions on their punishability”. Further, specialized courts for youth who broke the law, called “Children’s Courts”, operated in several cities of Ukraine, such as Kyiv, Kharkiv, Katerynoslav (Dnipropetrovsk), Mykolayiv and Odessa, prior to the October Revolution in 1917. In such Children’s Courts, a judge was usually appointed from the community and in addition to being tasked with conducting court proceedings for juveniles, the judge also had judicial control over the institutions which delivered social services for juveniles. “Children’s courts” were essentially local initiatives, regulated by local legislative acts, created under the decision of the local government and financed from local budgets. In January 1918, the Soviet government introduced a child welfare law which moved away entirely from formal court proceedings for minors. Instead, youth who broke the law were dealt with solely by special-
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ised extrajudicial bodies called “Commissions for Juvenile Affairs”. These Commissions were comprised of a judge as well as a pedagogue and a physician and the commission considered personal and social factors of the youth (such as social neglect, physical condition and personality) in determining the youth’s case. Interestingly, under no circumstances could the Commission commit juveniles to a penitentiary institution; rather, young offenders could be treated only along “medical-pedagogical” lines. In 1935, the age of criminal responsibility for juveniles was lowered to 12 years by Resolution of the Central Executive Committee and People’s Commissariat Councils of the USSR. At the same time, the special procedure for juvenile cases was cancelled and the Commissions for Juvenile Affairs were dissolved. Juvenile delinquents were no longer regarded differently, on account of their age or as victims of difficult social conditions; criminal responsibility for young offenders was the same as for adults and any of the types of sentences envisaged under criminal law also applied to young offenders. There was a return to a focus on the consideration of other factors concerning youth in 1971, when the Criminal-Procedural Code of Soviet Ukraine was supplemented with the provision on special proceedings of juvenile cases. This provision demanded that agencies dealing with youth during the pre-court and court procedure investigate the health and physical condition of a juvenile, his personal characteristics, living situation, as well as any other circumstances that might affect education of a juvenile and the existence of adult instigators who might be involved with promoting the youth’s involvement in criminal activity. If the court determined that young person would not pose the risk to public security, the court had the option to close the case and apply obligatory educational measures on the juvenile.
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International Standards in Juvenile Justice are set out in a number of international treaties and other international instruments. Some of the key ones are:
• United Nations Convention on the Rights of the Child (CRC), which Ukraine ratified in 1991 and which includes provisions relating to protection from torture and deprivation of liberty, access to rehabilitative care, and access to juvenile justice. The General Comment No. 10 (2007) “Children’s rights in juvenile justice” of the UN Committee on the Rights of Child, which provides more elaborated guidance and recommendations for state efforts to establish an administration of juvenile justice in compliance with the CRC and which promotes the use of alternative measures such as diversion and restorative justice;
• UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985);
• UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines, 1990);
• UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules, 1990);
Since 1992, the issue of creation of specialized courts for juveniles has been widely discussed and was included in the concept paper on judicial reform.
• UN Basic Principles on the Use of
In 1995, the parliament adopted a law entitled “On bodies and services for minors cases and special institutions for minors” which foresaw the establishment of the judicial educators in courts to provide control over the disposition of juvenile cases. However, this was not put into practice and in 2007, the above mentioned provision was excluded from the law.
• The European Convention on
Restorative Justice Programmes in Criminal Matters (2002); Human Rights and Fundamental Freedoms (ECHR of the Council of Europe), which Ukraine ratified in 1997.
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Since 2000, Ukraine has made several steps toward implementation of its international commitments and adopted several laws on childhood protection, social work with children and youth and prevention of domestic violence. With regard to youth in conflict with the law, the Government of Ukraine has made many efforts to improve child protection in Ukraine and resolve problems of at-risk youth, including:
Concept on Juvenile Justice A concept paper on the development of a criminal justice system for juveniles in Ukraine has been developed through the collaborative efforts of leading state institutions and non-governmental organizations. This concept paper is the product of earlier efforts, led by the Supreme Court of Ukraine and dating as far back as 2003, to bring together both government and non-government stakeholders and develop the key concepts & principles underpinning the directions of reforms. Since then, under the leadership of the Ministry of Justice, the Concept has been revised and further refined. After the latest round of consultations on the Concept which has taken place this year, the Ministry of Justice is finalising the Concept with the view of submitting it to the President for adoption.
Guidance for Judges regarding Juvenile Cases Since 2007 the provision on handling juvenile cases by specialized judges have been introduced by the amendments to the Law of Ukraine “On the Minors’ Affairs Agencies and Services and Special Institutions for Minors”.
National Action Plan on Implementation of the UN Convention on the Rights of the Child (2008 to 2016) The Parliament passed a National Action Plan on the Implementation of the UN Convention on the Rights of the Child (2008 to 2016) on March 5th 2009. Among other commitments in the area of children’s rights protection, the Plan foresees the study of the possibility for development of a juvenile justice system in Ukraine as a part of judicial reform to improve national legislation in the area of children’s rights protection, improvement of preventive work, and creation of a system for rehabilitation of young offenders. In addition, a number of steps have been taken in certain oblasts in recent years, primarily by civil society organizations committed to restorative justice, to find ways to divert youth from the conventional justice system. Many of these organizations, often with the support of international donors and organizations, are taking initiatives in the field of youth crime prevention, restorative justice practices, probation service development and penitentiary reforms. In order to consolidate these efforts into a comprehensive and effective system of justice for youth who come into conflict with the law, further consensus building and stakeholder engagement is required to ensure that there is a common understanding of the overall aims and objectives of juvenile justice, restorative justice, and related reform initiatives in Ukraine, as well as to implement the reforms agreed upon.
The Plenum of the Supreme Court of Ukraine has issued a number of resolutions in the past years (including resolutions #5 of 16 April 2004, #13 of 2 July 2004, #2 of 15 May 2006), which relate to standardizing the practice of Ukrainian courts in relation to juvenile justice cases and restorative practices. Recommendations include, for example, taking a more individualized approach to sentencing of youth, giving due consideration to all extenuating circumstances, supporting reconciliation between the victim and the young offender, and cooperating with non-governmental organisations who offer such services as victim-offender mediation.
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EVENTS: NATIONAL FOCUS
State-led Working Group on Criminal Justice for Youth resumes its work, with the support of UJJRP The Interdepartmental Working Group on the Development of Criminal Justice Reform for Youth in Ukraine renewed its activity under the auspices of the Ministry of Justice of Ukraine in March 2010. Ms. Sanford Ammar, Canadian Field Advisor and Head of the Project in Ukraine, presented the main components and strategic approach of the joint Ukrainian-Canadian project during the first working group meeting this year.
The Interdepartmental Working Group on Criminal Justice Reform for Youth is led by the Ministry of Justice and the Supreme Court of Ukraine and also includes representatives of the Office of the General Prosecutor, the Ministry of Interior, the Ministry for Family, Youth and Sports, the Ministry of Education and Science, the State Department of Ukraine for Enforcement of Sentences, the High Qualification Commission of the Bar of Ukraine under the Cabinet of Ministers of Ukraine, the Institute for Legislation under the Supreme Council and leading non-governmental organizations in the youth justice field.
March 31 – Project Steering Committee Meeting
State-led Working Group Meeting on Criminal Justice for Youth / Kyiv, 23 March 2010
The Project Steering Committee, comprised of the Ministry of Justice of Ukraine, the Supreme Court of Ukraine and the Canadian International Development Agency met on March 31 to review and approve the first annual work plan for implementing the Ukraine Juvenile Justice Reform Project (UJJRP). The meeting was co-chaired by the Deputy Justice Minister Ms. Valeriya Lutkovska and the Head of Technical Cooperation Section (CIDA) of the Canadian Embassy in Ukraine Ms. Kati Csaba.
“An integrated and holistic juvenile justice system requires partnerships within state agencies but also between the judiciary, state institutions, non-governmental and other community members,” said Ms. Sanford Ammar. “Our project will support and facilitate discussions and processes whereby these actors come together to dialogue on policy and reform issues as well as on undertaking local initiatives in pilot regions.” Ms. Kati Csaba, Counsellor / Head of Technical Cooperation Section (CIDA), Canadian Embassy, Ms. Valeriya Lutkovska, Deputy Justice Minister of Ukraine (left to right), representatives of the Supreme Court of Ukraine, the Ministry of Justice of Ukraine and UJJRP implementer Agriteam Canada Consulting Ltd. at the Project Steering Committee Meeting / Kyiv, 31 March 2010
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March 31 – Project Launch Event at the Canadian Embassy in Ukraine On March 31, immediately following the Project Steering Committee meeting, the Canadian Embassy hosted a reception to launch of the UJJRP. Representatives of over 25 state and non-governmental agencies, as well as from other embassies and donor countries were present on this occasion.
Juvenile Justice Policy Development Seminar / Kyiv, 18 May 2010
Some 40 representatives of the state-led Working Group on Criminal Justice for Youth including state agencies, judiciary, and civil society representatives, met to discuss current achievements and next steps of youth justice reform in Ukraine. Presentations and information from the seminar are available on a CD and may be obtained from the UJJRP office in Kyiv. “The Ministry of Justice of Ukraine is taking advantage of this initiative to promote reform by ensuring better access to justice, upholding children’s rights and addressing their needs,” said Ms. Valeriya Lutkovska, deputy justice minister. “The project has been expected for some time and had been started at precisely the right moment in a context of Ukraine’s judicial reform”, she added.
May 18 – Juvenile Justice Policy Development Seminar The UJJRP, jointly with the Ministry of Justice of Ukraine and the Supreme Court of Ukraine, conducted a seminar on the national strategy and next steps necessary for the development of a criminal justice system for juveniles in Ukraine.
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Ms. Tetyana Shevchenko, Judge, the Supreme Court of Ukraine, Ms. Tawnia Sanford Ammar, Field Advisor, Head of the UJJRP are moderating the session on court process and child rights, Juvenile Justice Policy Development Seminar / Kyiv, 18 May 2010
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EVENTS: REGIONAL FOCUS
MELITOPOL PILOT: Development of a Strategy for Improvement of Youth Justice Delivery April marked the launch of the regional component of the Project, in which Melitopol will act as one of two Pilot locations in Ukraine under the UJJRP. The second Pilot Project will be launched next year in IvanoFrankivsk. The Pilot Projects will elaborate and deliver effective juvenile justice approaches, programs and tools for youth who have come into conflict with the law.
May 14 – Juvenile Justice Seminar in Melitopol As a part of the development of a Juvenile Justice Pilot Project in Melitopol, the Ukraine Juvenile Justice Reform Project, Melitopol City Council and Melitopol City District Court jointly organized the Juvenile Justice Policy Development Seminar. The seminar brought together representatives of local juvenile justice agencies and Canadian experts, in order to begin discussing strategies to improve juvenile justice delivery in Melitopol. The one-day seminar featured presentations and facilitated discussions regarding international standards of youth justice, Canada’s juvenile justice reform experience and its outcomes, restorative justice, and the role of families and communities in prevention and rehabilitation of youth in conflict with the law.
Mr. Dmytro Sychov, Mayor of Melitopol (c), Mr. Leonid Vasylenko, Deputy Mayor of Melitopol (l), Ms. Olena Dubinina, Deputy Mayor of Melitopol (r), Ms. Tawnia Sanford Ammar, Head of the UJJRP (r) at the press conference on the project launch / Melitopol, 26 April 2010
The Pilot Project in Melitopol will be developed over the next few months by a Pilot Coordination Group, consisting of Melitopol residents concerned with the issue of youth criminality, officials and professionals working in the youth justice sector and led by the Melitopol City Court and Regional Administration, and with technical advice and support of Canadian juvenile justice experts. As part of the process, the Pilot Coordination Group will develop a strategy for improvement of youth justice service delivery.
Representatives of regional institutions working with youth in conflict with the law are learning the principles and models of juvenile justice / Melitopol, 14 May 2010
The process of developing the Pilot Project was launched in the last week of April with a series of briefings and introductory consultations with stakeholders organized jointly by the Ukraine Juvenile Justice Reform Project and Melitopol City Council.
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Youth
Jus
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Ukraine Juvenile JusƟce Reform Project
Ukraine Juvenile JusƟce Reform Project
unity
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Youth
The Ukraine Juvenile Justice Reform Project is a 5 year project that aims to strengthen the capacity of public institutions, including judiciary and civil society, to develop and deliver an effective juvenile justice system which reduces the level of youth criminality, effectively protects youth and supports their rehabilitation and reintegration into their communities.
• • •
National Policy and Legislation Focus: Development of a national legislative and policy framework for juvenile justice that incorporates international standards related to children’s rights, including principles of restorative justice, and is supported by stakeholders. Judicial Practise Focus: Strengthened capacity of judges and courts to apply new approaches and best practices to support rehabilitation and prevention of future offences while upholding the rights of children and youth in conflict with the law. Community Focus: Strengthened delivery in two pilot locations of juvenile justice programs incorporating international youth justice and restorative justice standards and best practices. The two pilot locations are Melitopol and Ivano-Frankivsk.
Main Project Partners
Ministry of Justice of Ukraine
Supreme Court of Ukraine
The Ukraine Juvenile Justice Reform Project is implemented by Agriteam Canada Consulting Ltd. in cooperation with the Government of Alberta Province, with financial support provided by the Canadian International Development Agency.
The Ukraine Juvenile Justice Reform Project 18, Sofiyivska St., office 9 Kyiv, Ukraine, 01001 Tel./Fax: +38 044 279 2300 Web: www.youthjustice.org.ua E-mail:
[email protected]
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