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Kamali, Maryam. Accountability for Human Rights Violations: A Comparison of Transitional Justice In East Germany and South Africa

In the last ten years or more, a number of countries have experienced transformations from authoritarian regimes, characterized by oppression and violence, to democratic governments. Such transitions are often difficult and lengthy. Many features of a robust democracy and economy take considerable effort and time to develop and establish, especially under the pressure of simultaneously seeking accountability for past human rights abuses. Maryam Kamali presents the former German Democratic Republic (East Germany) and the Republic of South Africa as contrasting models of transitional justice. They serve as useful case studies to identify what approach to justice and reconciliation works best in newly democratized societies. Hence, Kamali aims to develop broad lessons for transitional justice in other parts of the world through a comparison of the different legal approaches to accountability for human rights violations in East Germany and South Africa.

Siegismund, Eberhard. Ancillary (Adhesion) Proceedings in Germany as Shaped by the First Victim Protection Law: An Attempt To Take Stock

This paper provides an overview of Germany's Victim Protection Law and its provision for ancillary proceedings and advocates the use of victim-offender mediation as a means of addressing the failure of German courts to promote ancillary proceedings for the benefit of crime victims. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Kerner, Hans-Jürgen and Weitekamp, Elmar G. M. Restorative Justice in Context: International Practice and Directions

This book provides a review of the international practice and directions of restorative justice developed from papers and discussions at the Fourth International Conference on Restorative Justice for Juveniles, held in Tubingen, Germany, on October 1-4, 2000. Abstract courtesy on National Criminal Justice Reference Service, www.ncjrs.org.

Hagemann, Otmar. Victimization in Prison

Otmar Hagemann, a sociologist at a university in Germany, in this paper looks at the issue of male prisoners as victims of violence and degrading treatment in prisons. To do this he sketches the Mare Balticum project. He and colleagues from several countries that border the Baltic Sea are researching conditions of life and work in closed prisons for sanctioned offenders. From the data collected the researchers are developing a picture of victimization in prison. Hagemann discusses data on inter-prisoner violence and data on structural violence against prisoners. This leads to more detailed examination of specific categories of violence and their effects on victims/prisoners in prison settings. Finally, Hagemann presents an alternative model of a restorative prison.

Friedman, Maggie and Hamber, Brandon and Maepa, Traggy and Friedman, Maggie and Mosikare, Ntombi and Hamber, Brandon. Speaking Out: The role of the Khulumani Victim Support Group in dealing with the past in South Africa

Khulumani is a self-help survivor support group that was started in 1995 in South Africa. The name Khulumani means “speak out�? in Zulu. The group began in anticipation of the South African Truth and Reconciliation Commission (TRC). One of the purposes of the TRC was to offer space to survivors to tell their stories of past violations and be heard. The TRC also had the power to grant amnesty to perpetrators of political atrocities who fully disclosed all the details of actions. This so-called trade of truth for justice was supposed to help uncover all the truth about the past and give victims answers to their unresolved cases. The TRC also had to make recommendations with regard to granting reparations to those, and their families, who were found to be victims of murder, attempted murder, torture or severe ill-treatment between March 1960 and May 1995 in South Africa. (excerpt)

Compton, Randy and Jones, Tricia S. Kids Working It Out: Strategies and Stories for Making Peace in Our Schools

In recent years, a number of deadly incidents in schools in, for example, the United States and Germany have dramatized issues of conflict and violence in school settings. With all of this in view, Tricia Jones and Randy Compton, editors of this book, offer resources in conflict resolution education for parents, educators, and policymakers looking for ways to help young people learn constructive responses to conflict, build positive relationships, and promote just societies. The book consists of two overarching parts with chapters on particular topics in each part. Part one, more theoretical, covers the need for and potential of conflict resolution education. Part two, more practical, deals with "what works" - that is, with success stories in conflict resolution education. In each part chapters are written by experts and practitioners in the field. Additionally, in part two, each chapter ends with personal reflections by participants in conflicts and conflict resolution processes. Appendices provide information on additional books, publications, websites, organizations, and programs of relevance to conflict resolution in school settings.

Gerzon, Mark. Foreword

Mark Gerzon begins his foreword to this book by recounting a terrible incidence of school violence in Erfurt, Germany, in 2002. After killing a number of teachers, students, and a police officer, the student who committed the murders was stopped by one of his teachers. The student then killed himself. Gerzon makes the point that the teacher was able to intervene nonviolently and end the violence because of his teacher-student relationship with the disturbed young man. Gerzon goes on to sketch some of the more ordinary yet still troubling problems of conflict and violence in the lives of young people and in schools. Against this background, Gerzon welcomes the writings in this book as significant contributions to conflict resolution education in school settings for parents and educators.

Eckert, Roland and et al. First Periodical Report on Crime and Crime Control in Germany

The objective of this report is to put together the most comprehensive picture possible of the crime situation in Germany. For the first time in a report, it will draw together findings taken from the existing pool of official data, particularly from data provided by the criminal statistics of the police and by the statistics of the administration of criminal justice. At the same time, the report will use as a reference the results of scientific research into the manifestation and causes of criminality. Aided by more extensive findings, taken particularly from the area of research into undetected crime as well as from interviews with victims, this portrait of the crime situation will be brought into a more scientific light and will be complemented by knowledge gained from the victims’ perspective. The analysis of material from existing data will take place for Germany as a whole. (excerpt)

Gormally, Brian. Conversion from War to Peace: Reintegration of Ex-prisoners in Northern Ireland

The concept of "conversion" relates to the transition from violent conflict to peace and the consequent change of use of economic and social resources and change of vocation of former combatants. This brief overview of the measures used in Northern Ireland to release and reintegrate ex-prisoners and, more generally, to open up opportunities for peaceful activities by former non-state combatants, [... also examines] how they relate to the dynamics of the peace process as a whole. (excerpt)

Pelikan, Christa. Conflict Resolution between Victims and Offenders in Austria and in the Federal Republic of Germany

As Christa Pelikan observes, juvenile justice and the juvenile court often serve as a field of experimentation for the criminal justice in general. She speculates that reforms and new ideas grow more easily in the juvenile justice as such changes do not seem to pose the same kind of threat for the established system as a whole. With this in mind, Pelikan looks at conflict resolution between victims and offenders in juvenile justice systems in Austria and in the Federal Republic of Germany. Through this paper, she examines the respective legal frameworks for juvenile justice and conflict resolution, statistics on juvenile offending, specific conflict resolution projects, examples of conflict resolution cases, and theoretical concepts and empirical data with respect to conflict resolution.

Trenczek, Thomas. Victim-offender-mediation (in Germany)- ADR under the shadow of the criminal law?

As Thomas Trenczek comments, mediation is often presented as an alternative to the adversarial court process, yet in fact it generally functions within the "shadow of the law." This is especially true for mediation schemes within a criminal justice context. In Germany, unlike in other countries, mediation is most frequently used in the sphere of criminal justice rather than in the sphere of civil law. Against this background, Trenczek examines victim-offender mediation in the criminal law context in Germany. He argues that the conceptual orientation and application of victim-offender mediation within the German criminal justice system presents certain dangers for both the criminal justice system and for mediation schemes. With this in mind, he focuses in particular on dangers to the implementation of victim-offender mediation in Germany.

Delattre, Regina and Delattre, Gerd. TOA infodienst

DBH is the German Association for Social Work, Criminal Law, and Crime Policy. DBH sponsors a project for victim-offender mediation and conflict resolution in Germany. In German, the project is called Servicebüro für Täter-Opfer-Ausgleich und Konflictschlichtung (or, TOA-Servicebüro). In this publication, Gerd and Regina Delattre include several short pieces that cover the following areas: the status of victim-offender mediation in Germany; the work of TOA-Servicebüro; perspectives on relevant legislation; a press statement; training courses; and various news items concerning the work of the bureau.

Delattre, Regina and Delattre, Gerd. TOA-Servicebüro: Objectives, tasks, activities

DBH is the German Association for Social Work, Criminal Law, and Crime Policy. The TOA-Servicebüro – Servicebüro für Täter-Opfer-Ausgleich und Konflictschlichtung – is a project of DBH in Cologne, Germany. TOA-Servicebüro seeks to deal with conflict and crime through victim-offender mediation rather than through traditional criminal justice processes. This document summarizes the objectives, tasks, and activities of the TOA- Servicebüro. It includes the historical background to TOA-Servicebüro, target groups for the service bureau’s work, and highlights of its work.

Hartmann, Arthur and Kerner, Hans-Jürgen. Victim-Offender Mediation in Germany

In this article, Arthur Hartmann and Hans-Jürgen Kerner report on the history and current status of victim-offender mediation (VOM) in Germany. The practical implementation of victim-offender mediation in Germany began in 1985 with a few experimental projects concentrating on juveniles or adolescents. In the next decade there was a rapid rise in the number of new VOM projects. However, most of them had only a small caseload. At the same time that VOM developed in practice, a legal framework for VOM in Germany was enacted. Against this background, the authors provide key statistics on VOM in Germany with respect to numbers and types of cases, acceptance among victims and offenders, practices or processes, content of VOM agreements, and outcomes.

Delattre, Regina. Training for Mediators and a Training Course for Prosecutors and Judges. The Results of an AGIS Project

Reports on four seminars held in Leuven, Belgium, and Trier Germany, between December 2003 and February 2004, involving experienced mediators, trainers, prosecutors and judges from several European countries. Participants exchanged training models, and discussed differences in legal frameworks with a view to development of a training course for prosecutors and judges.

Endalew, Tsega. Luba Basa and Harma Hodha: Traditional Mechanisms of Conflict Resolution in Metekkel, Ethiopia

Metekkel, a vast low-lying territory on the Ethio-Sudanese frontier, is inhabited by the Gumuz, Shinasha, Oromo, Agew and Amhara who continued their interactions for their daily activities. Although they have their own respective traditional mechanisms of conflict resolutions they gradually adopted Oromo traditional institutions including the Luba Baasa, Harma Hodhaa and Micu. Luba Baasa (lit. to set free) and Harma Hodhaa (lit. Breast - suckling) are Oromoo names and are used by the Gumuz and Shinasha who also speak Oromoo. Luba Baasa is more of preventive mechanism and gradually establishes ethnic integration through adoption. The Harma Hodhaa (Harma hosisuu/hodhuu), however, establishes a kind of parent - child relationships between ethnic groups, individuals as well as within groups. The Gumuz or the Shinasha individual either representing his clan or family is supposed to suckle a breast or anointed thumb of the Oromo individual and becomes his xe2x80x98son.xe2x80x99 The whole group to which the individual belongs becomes xe2x80x98sonsxe2x80x99 to the xe2x80x98breast Father.xe2x80x99 xe2x80x98The xe2x80x98Fatherxe2x80x99 agrees to treat the xe2x80x98sonxe2x80x99 in the same way as his natural son (naturalization) and provide all the necessary material assistance. In Oromo society, some Oromo or non-Oromo groups are considered as xe2x80x98castesxe2x80x98 and despised until they are assimilatedxe2x80xa6. They have no peaceful interaction with each other and no mutual support in agricultural activities and so on. However, rural societies particularly agricultural communities need cooperation, and for each daily interactions and mutual coexistence they should, therefore, come into terms. These institutions are intra as well as inter ethnic conflict resolution principles and are widely applied in many parts of Ethiopia; and can even meet demands out side Africa. If refurbished, the findings show that, they can be of paramount importance to policy makers and practitioners. (excerpt)

Kilchling, Michael. Victim-Offender Mediation with juveniles offenders in Germany.

The European Commission’s Grotius II Criminal Programme initiated a project to address the need for better understanding of victim-offender mediation practices with juvenile offenders and justice systems in Europe. Under this project, studies were contracted and research papers produced to examine the situation in a number of European countries. Each study covered the following matters: norms and legislation allowing for the implementation of VOM programs; theoretical frameworks of VOM centers; organizational structure of VOM centers; categories and profiles of juvenile offenses; professional characteristics and job satisfaction of mediators; and advantages and criticisms of VOM. The papers were presented and discussed at a final seminar in Bologna, Italy, September 19-20, 2003. Within the categories mentioned above, this particular paper surveys victim-offender mediation with juvenile offenders in Germany.

Schiff, Mara F.. Redefining Responsibility in Restorative Justice

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Umbreit, Mark S. Victim offender reconciliation program

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Whyte, Alick. Policing Incivilities in Germany

While many offenses are major in impact, many others can basically be considered as incivilities. These include, for example, graffiti, vandalism, aggressive begging, and disorderly conduct in public. They are fairly common in every day life. As Alick Whyte remarks, they are often trivial inconveniences, offending our sensibilities and our desire for order. Nevertheless, they can cause actual harm (e.g., property damage), and they can degrade the quality of public, community life. Against this background, Whyte looks at the nature of the response and methods employed by the authorities in Germany to the problem of incivilities. This examination includes discussion of the following: public order, zero tolerance policing, and “broken windows" theory; the implementation of zero tolerance and “broken windows" theory in Germany; and comparison of the German experience with all of this to the British experience.