The Criminal Court has revealed plans to establish a restorative justice system in the Maldives.
Restorative justice is an approach to justice that focuses on the needs of the victims and the offenders, as well as involving the community. This contrasts to more punitive approaches where the main aim is to rehabilitate the offender and reconcile with the victims and the community, or satisfy abstract legal principles.
Victims take an active role in the process. Meanwhile, offenders are encouraged to take responsibility for their actions, to repair the harm they've done, by apologizing, returning stolen money, or community service. In addition, the restorative justice approach aims to help the offender to avoid future offences. The approach is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the State. Restorative justice that fosters dialogue between victim and offender has shown the highest rates of victim satisfaction and offender accountability.
Department of Judicial Administration (DJA) says it has planned to hold a stakeholders meeting in February next year regarding the establishment of a restorative justice system in the Maldives. The Department has not yet classified the areas where restorative justice proceedings will be practiced. However, the move will bring huge changes to the country’s judicial system.
According to statistics, criminal cases filed in various courts make up less than 20% of the total cases. Therefore, Judicial Administration Department says a restorative justice system would make the judicial system more effective.
While the Criminal Court is pushing to establish a restorative justice system, the Civil Court has already established a Dispute Resolution Unit for out of court settlements.
Furthermore, the Prosecutor General’s Office currently has a diversion program for first-time offenders, with the aim of preventing young offenders from committing further crimes by offering them a second chance.