CRIME AND IMPRISONMENT relating to the functioning of civil society ‘has the effect of destabilizing and intimidating associations by generating confusion and increasing the administrative burden of continuing their activities, while instilling fear of action among their members’.39 The impact of closing space for civil society of course varies from country to country and sector to sector. However, organisations working on issues around criminal justice and prison reform are often impacted the most, because of the human rights focus of their work. In some cases, this has resulted in attacks, harassment, criminal prosecution and intimidation. In other cases, it has resulted in organisations closing, moving or adapting to the new environment. The impact is often felt more acutely in countries where prison systems are under-resourced and rely on civil society to provide material support for prisoners. It is more intangible when organisations internalise a sort of self-censorship and move away from working on more sensitive issues (such as exposing the use of torture in detention facilities) to working on less sensitive ones (such as the provision of services to prisoners leaving prison). RECOMMENDATION 02 conflicts between prisoners or between prisoners and prison officers) and ‘proactive applications’ (such as building relationships within criminal justice institutions or communities). Restorative justice principles also feature as part of the implementation of the European Union (EU) Victims’ Rights Directive.42 reducing the number of children in detention across the criminal justice system more widely.48   Civil society organisations working in prisons and advocating for criminal justice and prison reform need to operate in a secure space, free from attacks and without the imposition of unnecessary or arbitrary restrictions. States should ensure a safe and enabling environment for civil society that is supported by a robust national legal framework and which is grounded in international human rights law. Restorative justice   Restorative justice processes include mediation, conciliation, conferencing and sentencing circles, and are defined as any process in which the victim, offender and other relevant individuals or community members affected by a crime actively participate together in the resolution of matters arising from that crime, generally with the help of a facilitator. Restorative justice has long been used in informal legal systems and, in recent years, there has been a significant expansion in its use within formal legal systems. Although there are barriers to its uptake – such as concerns about due process and net-widening – there is a growing evidence base that it can be cost-effective, aid in victim recovery, and help reduce recidivism. It is now commonly used in several countries and regions such as Australia, North America, Europe, and Central and Eastern Asia, whether as part of sentencing or at other points within criminal justice proceedings. A key development in the use of restorative justice was the adoption of a Council of Europe Recommendation in 201840 stating that it should be a ‘generally available service’, rather than being contingent on the type of crime, the age of the offender, the stage of the criminal justice process or the geographical location of the victim.41 The Recommendation also promotes the use of restorative justice outside of criminal justice procedures in ‘reactive applications’ (such as resolving Civil society organisations and other stakeholders are now looking at ways in which the Recommendation can be successfully implemented.43 In Scotland, the government has committed to making restorative justice services widely available across the country by 202344 and to publishing a Restorative Justice Action Plan in 2019, and has also issued statutory guidance for service providers and facilitators.45   In the last few years, there has been a trend in several Eastern European and Central Asian countries towards the development of new codes on justice for children, many of which have incorporated progressive restorative justice principles. The Albanian Code of Juvenile Justice for example requires that alternative measures aimed at the enforcement of restorative justice be considered as a first option.46 In Georgia, the Juvenile Justice Code, adopted in 2015, makes specific provision for diversion and mediation programmes that are supervised by social workers employed by the National Probation Agency.47 This has been pivotal in Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 A number of other countries have announced new initiatives. The Ministry of Justice in Jamaica is looking to establish more restorative justice centres to complement the nine centres that have been established since the adoption of the Restorative Justice Act in 2016.49 The Justice Department in Alberta, Canada, pledged an additional CAD$4.5 million to its victims of crime fund, which includes funds to pay for restorative justice measures.50 Since November 2018, survivors of domestic or sexual violence in Australia have, for the first time, been able to access restorative justice services, although given the serious risk of traumatising individuals who have experienced abuse, mediated sessions will only take place under strict conditions.51 RECOMMENDATION 03 Policymakers, practitioners and other professionals involved in criminal justice should promote and use restorative justice processes in a way that is safe, effective and evidence-based. | 11