Access to the justice system is an essential provision of human rights law.  The right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law is provided for in Article 6 of the European Convention on Human Rights and by the constitutions of many countries.  But this should not mean that all conflict must be sent to the justice system, regardless of the desires of the parties.  In the 21st century, we need alternatives, including faster, more efficient, less expensive procedures. 

Bulgaria, like many European countries, is facing a crisis in its justice systems.  The crisis in penal law is particularly deep because of the cost of maintaining humane prison conditions in the face of rising prison populations.  This is leading more people to ask whether the country should adopt policies of decriminalization for certain kinds of offenses, and community reintegration for certain kinds of offenders.

Furthermore, the shortcomings of existing criminal justice systems have attracted the attention of  many Bulgarian researchers. Among these researchers there is an understanding that it is necessary

• to better protect the  interests of both the victim and the offender

• to “bring the conflicts back to their proper owners” (according to Nils Christie’s famous quotation)
• to involve the community in conflict resolution. 

In response to these concerns, the Institute for Conflict Resolution-Sofia has started a comprehensive project titled "Promotion of Restorative Justice in Bulgaria".

The main aims of the project are:  

• to inform the general  public about the nature and the basic principles of the use of  restorative justice programs in criminal matters (special attention will be paid to the dissemination of information among law students and practitioners, police officers, social workers and members of specialized NGOs)
• to increase public awareness of the benefits of restorative justice to encourage the introduction of restorative justice as a subject of study in universities
• to recruit proponents and supporters of the restorative justice idea to start initial training for the implementation of restorative justice principles in practice to support the development of restorative justice theory and practice (this will include a study of problems raised by restorative justice and ways of overcoming them) to formulate proposals de lege ferenda for establishment of restorative justice as a legitimate part of the justice system .

The intention is to create an environment sympathetic and receptive to restorative justice.  The project will be carried out in cooperation with different national and foreign organizations and institutions:  

• universities
• research centers
• courts
• prosecutor’s offices
• NGOs, etc. 

We expect to publish some research findings during the project period.

• they are too soft a response to crime
• the proposed change of the paradigm is too radical. 

State agencies do not help, either financially or  technically. This makes our task much more difficult. However, we are convinced that restorative justice practices are the new, powerful, really efficient  methods for resolving the problems caused by crimes and we are playing our pioneering role with great  enthusiasm.

 

Contact Information:

Institute For Conflict Resolution-Sofia
Studentski grad                                                                                                     Bl. 7a, ap. 95,                                                                                                         1700 Sofia, BULGARIA 

Phone/Fax:+359 2 9758032  

e-mail: icr@icr-bg.org
http://www.icr-bg.org

By Dobrinka Chankova

December 2001