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AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

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amnesty? By being lenient, soft with prison and fines, but hard<br />

on the need to relate to the victim. Half-amnesty, in short.<br />

[3] State-Victim: In both models the state gives the victim<br />

a voice and offers a sympathetic ear. But under the T&R model<br />

there is more focus on restitution to the victim, seeing the<br />

trauma as a social responsibility, and less on retribution.<br />

Nothing of this seems impossible. Starting with the justice<br />

model, more and more elements of the reconciliation model could be<br />

introduced, gradually. Basically what would be needed would be<br />

personnel able to handle reconciliation, and judges able to<br />

accommodate both kinds of knowledge and skills. And the public<br />

will have to learn to reconcile and not ostracize if there is<br />

progress in the perpetrator-victim relation.<br />

Imagine we now superimpose Models I and II on each other, as<br />

matrix and as graph. The presentation becomes somewhat messy, but<br />

more important is how a sentence might read:<br />

You P have committed crimes against the laws of ----, and you<br />

have violated the general moral bonds tying humans together by<br />

your heinous acts of violence against V. For breaking the law I<br />

hereby, in the name of justice, sentence you to----.<br />

In addition to serving this sentence you are obliged, after<br />

mature reflection, to extend your deep apology to V and/or V's<br />

family and try your best, directly and/or indirectly, to repair<br />

the human relations you violated. In addition to this you are<br />

obliged to repair the damage done through direct restitution to V<br />

and/or V's family, in kind and/or money, over time.<br />

Your case is closed when you have served your sentence and<br />

justice has been done, and you have extended your apologies, done<br />

your restitution, and reconciliation has been done.<br />

The exact amount could then be negotiated in the Court-V-P<br />

triad. P has a say, but no veto. And the relative weight of the<br />

two models would be the crucial variable that could catch the<br />

"circumstances" surrounding the case, such as cultural and<br />

48

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