“I’m a survivor – a living example of what people can go through and survive.”

– Elizabeth Taylor

SURVIVORS

In the context of criminal justice, the terms “victims” and “survivors” are often used to describe individuals who have experienced harm as a result of a crime. While the terms are sometimes used interchangeably, they can have distinct connotations. Victims are individuals who have suffered harm, whether physical, emotional, or financial, due to a criminal act. The term “victim” emphasizes the impact of the crime on the person. “Survivors”, in the context of criminal justice, often refer to individuals who have not only experienced harm but have managed to endure and overcome the challenges associated with victimization. This term highlights resilience. The experiences of survivors in the criminal justice system can vary, and there is ongoing discussion and advocacy for improvements to better address the needs of survivors and promote a fair and just system.

core questions

01.
What is the difference between being a victim and being a survivor?
02.
How could survivors support the mission towards detention houses instead of large prisons?
03.
How should survivors be involved in a detention house?
In the context of criminal justice, the term "survivors" often refers to individuals who have experienced crime or victimization. They may have endured physical, emotional, or financial harm as a result of criminal activities. The experiences of survivors in the criminal justice system can vary. How can we better address the needs of survivors and promote a fair and just system?

SURVIVORS

In the context of criminal justice, the terms "victims" and "survivors" are often used to describe individuals who have experienced harm as a result of a crime. While the terms are sometimes used interchangeably, they can have distinct connotations. Victims are individuals who have suffered harm, whether physical, emotional, or financial, due to a criminal act. The term "victim" emphasizes the impact of the crime on the person. "Survivors", in the context of criminal justice, often refer to individuals who have not only experienced harm but have managed to endure and overcome the challenges associated with victimization. This term highlights resilience. The experiences of survivors in the criminal justice system can vary, and there is ongoing discussion and advocacy for improvements to better address the needs of survivors and promote a fair and just system.

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core questions

01.
What is the difference between being a victim and being a survivor?
02.
How could survivors support the mission towards detention houses instead of large prisons?
03.
How should survivors be involved in a detention house?

COMMUNITY​

Meet colleagues across Europe pursuing the same goal. Contribute your knowledge to the community. Be the first to hear the latest developments on small scale forms of detention. Unlock your curiosity and become part of the RESCALED community.

Sonja Graansma
[The Netherlands] Sonja Graansma currently fulfills several roles that are close to her in her daily life. This is where her passion and talents emerge: project leader of the Recovery Circles project, author, coach and public speaker. She also give guest lectures to students at the university. She is a survivor of sexual violence. For more information: sonjagraansma@live.nl
Ulrich Weinhold
[Germany] Ulrich Weinhold is a lawyer who spent two decades working in international development cooperation. While supporting Seehaus in peacebuilding in Colombia, he became a strong advocate of restorative justice. He holds a master's degree in organizational development and an MBA in sustainability and NGO management in SDGs. He joined Seehaus e.V. in 2022 as a Restorative Justice Officer and Legal Of-counsel. For more information: uweinhold@seehaus-ev.de
Edit Torzs
[Belgium] Edit Törzs began her professional journey after law school at the Hungarian Probation Service. There she focused on international cooperation and the implementation of victim-offender mediation. In 2012, Törzs transferred to the European Forum for Restorative Justice in Belgium and devoted her efforts to a project exploring the role of restorative justice in cross-cultural settings. She has been executive director since 2016. For more information: edit.torzs@euforumrj.org
Raiman Kukk
[Estonia] Raiman Kukk is the CEO of Village of Hope and he serves as a pastor in the Estonian Pentecostal Movement. Raiman was a former tennis player who battled drug addiction from age 11, ultimately overcoming fentanyl-heroin dependency. He graduated high school at 18 and then transformed his life in 2012 at the Village of Hope rehab center. For more information: raiman.kukk@gmail.com
PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART IV. COMMUNITY
Art. 54

Restorative justice

  1. Restorative justice shall be applied when it is determined to benefit the well-being of individuals involved, including victims and family members.
  2. Restorative justice processes shall provide opportunities for open communication and dialogue between individuals in detention and those impacted by their actions. Mediation, facilitated conflict settlement, restorative conferences or restorative circles should be employed to foster understanding and healing.
  3. Training and education on restorative justice principles and practices shall be provided to both staff and individuals in detention to ensure a comprehensive understanding of the process and its importance in the reintegration process of those in detention.
  4. If in any instance, it benefits the well-being of people involved (victims, family members) that the person in detention lives close by, the possibility shall be offered in terms of restorative justice.
  5. Restorative justice initiatives within detention facilities shall prioritize the needs and well-being of individuals impacted by the transgressive act. Victims and their families should have a role in the design and implementation of these initiatives to ensure their interests are considered.
  6. During the stay in a detention house, the person in detention shall be enabled to restore the harm caused by the offense both symbolically, financially and emotionally.
  7. Using Restorative Justice principles and approaches the CoE recommendation on Restorative Justice shall be applicable within the practice of detention houses (inside and in the local community).

THE EUROPEAN RULES ON DETENTION HOUSES​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

European Rules on Detention Houses [ERDH]

THE EUROPEAN RULES ON DETENTION HOUSES​​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART IV. COMMUNITY
Art. 54

Restorative justice

  1. Restorative justice shall be applied when it is determined to benefit the well-being of individuals involved, including victims and family members.
  2. Restorative justice processes shall provide opportunities for open communication and dialogue between individuals in detention and those impacted by their actions. Mediation, facilitated conflict settlement, restorative conferences or restorative circles should be employed to foster understanding and healing.
  3. Training and education on restorative justice principles and practices shall be provided to both staff and individuals in detention to ensure a comprehensive understanding of the process and its importance in the reintegration process of those in detention.
  4. If in any instance, it benefits the well-being of people involved (victims, family members) that the person in detention lives close by, the possibility shall be offered in terms of restorative justice.
  5. Restorative justice initiatives within detention facilities shall prioritize the needs and well-being of individuals impacted by the transgressive act. Victims and their families should have a role in the design and implementation of these initiatives to ensure their interests are considered.
  6. During the stay in a detention house, the person in detention shall be enabled to restore the harm caused by the offense both symbolically, financially and emotionally.
  7. Using Restorative Justice principles and approaches the CoE recommendation on Restorative Justice shall be applicable within the practice of detention houses (inside and in the local community).
EUROPEAN RULES ON DETENTION HOUSES [ERDH]

European organisations

Publications
1
2
3
4
5
6. European_Commission

Publications

Victims' rights in the EU
Victims' rights in the EU
The Forgotten People: Lady Unchained
The Forgotten People: Lady Unchained
I’ve Been Told I’m a Survivor, Not a Victim. But What’s Wrong With Being a Victim?
I’ve Been Told I’m a Survivor, Not a Victim. But What’s Wrong With Being a Victim?
Safe Justice for Victims of Crime
Safe Justice for Victims of Crime
Victim? Survivor? The importance of the language
Victim? Survivor? The importance of the language
European Union Agency for Criminal Justice Cooperation
European Union Agency for Criminal Justice Cooperation

EU Victims' Rights Directive Revision | Video Campaign - Victim Support Europe

2023 is a crucial year for victims’ rights. It has been 10 years since the 2012 Victims’ Rights Directive (VRD) was adopted. This year, we are likely to see a proposal by the European Commission to improve the VRD. We await the publication of that Directive with great impatience! Victim Support Europe launched the video campaign on 13 July at 09:00 (CEST). We provide a campaign toolkit that outlines how VSE members and partners can support the action in order to call on the European Commission to publicise the proposal of the Revised Victims’ Rights Directive.

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WOMEN IN DETENTION

Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them.

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