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Case study Amsterdam Zuidoost – Restorative Cities

Through the INSPIRE project, Restorative Justice Nederland aims to refine the concept of a restorative city by identifying key principles, such as dialogue, community involvement, democracy and horizontal relationships, and urban design. In addition, the role of small-scale detention within a restorative city is explored. After a first article about Utrecht, Gert Jan Slump and Laura Verstraete now bring us the casestudy of Amsterdam Zuidoost in this blog.

The district of Zuidoost is a residential area in Amsterdam developed and built in the 1960s. Inspired by Le Corbusier’s ideas (influential architect and city planner), the urban planning in Zuidoost aimed to separate traffic flows and outdoor spaces vertically to enhance livability. However, this urban concept largely failed, leading to a transformation of the district. Some high-rise buildings were demolished and replaced with low-rise structures, while others were renovated, and traffic flows and outdoor spaces were largely integrated.

Currently, approximately 100,000 residents from 173 nationalities call Zuidoost home. It is recognised as an emerging vibrant district with numerous societal, religious, and cultural grassroots organisations that effectively collaborate with formal institutions. However, criticism persists regarding inadequate basic amenities in the district and significant social issues, particularly poverty.

Under the leadership of district chair Tanja Jadnanansing, Zuidoost is evolving towards a Restorative District, fostering development from within and from grassroots initiatives. The structure of the district can be characterized by six layers:

        1. Conflicts are a natural part of life and require suitable solutions and support for those involved. The aim is to transform conflicts into positive encounters through empathy and understanding
        2. Some conflicts have a public or criminal justice dimension. Even in these cases, dialogue and communication between the directly involved parties is crucial. These parties can rely on the support of law enforcement officials who work alongside them to find fair solutions. From the perspective of community justice, a positive concept of safety is central: it’s not just about reducing or preventing negative aspects, but about fostering positive ones. Justice is a dynamic concept. All of this is encapsulated in the motto “Law and Love.”
        3. Over the next twenty years, structural causes of (criminal) conflict such as housing, poverty, and inequality of opportunities will be addressed. Recognising and working towards rectifying systemic social injustices is inherent in a district where justice is prioritised.
        4. In addressing the structural causes of injustice, the focus is on what people and inhabitants themselves can contribute (their expertise and experiential knowledge) and what they need (their requirements). In every approach and conversation, the question of whether the right people are at the table is essential. In Zuidoost, the focus is on community circles that provide space for dialogue about needs and collaborative actions, facilitating the transformation of society into a community.
        5. When restoration is needed at the level of organisational structure and culture, Zuidoost takes action. This restoration process requires people to come together and step into the circle. The district aims to invite people to do so and explore old structures and organisational cultures that cause harm. Discussions about organisational-level restoration provide space for addressing what people need to undo organisational injustice. Subsequently, what is unjust becomes the focus of fair interventions, facilitated by breakthrough teams and similar initiatives.
        6. Even when it becomes evident that issues need to be addressed and rectified primarily at a systemic level, Zuidoost collaborates to tackle them together. Sometimes, the government itself is the aggressor and initiator. Incidents like the Dutch childcare benefits scandal have painfully highlighted the need for systemic restoration[1]. In Zuidoost, as a Restorative District, systemic injustices are brought to light, and the government and organisations stand side-by-side with residents in addressing them.

Some local elements of the Restorative District include the Krin Taki (a form of an honest and deliberative dialogue), the Neighbourhood Court, youth courts in schools, and the neighbourhood youth court. Additionally, there’s the mediation pool of young people and the interactive Honors College Law and Love program where students at the Vrije Universiteit Amsterdam develop ideas around justice in collaboration with organisations and residents of Zuidoost.

Small-scale detention in Amsterdam

Design De Tafelberg © de Alliantie

Amsterdam no longer has a prison (the Bijlmerbajes is closed and the prison capacity has been moved to Zaanstad). It’s intriguing to consider whether there could be space in Zuidoost for a small-scale detention house, perhaps within a community similar to De Tafelberg. Located on a site that previously housed a youth prison and later a closed youth care institution, de Tafelberg now has transformed into a living community. It provides housing for 290 young adults, including 60 with a background in youth care. This initiative by Levvel, a youth care institution, together with the housing association de Alliantie, was developed with the help of many other parties. The concept is called “live, learn, work & play.” It’s an ecosystem where residents are supported in various ways to form a community where personal support largely replaces professional assistance. Social entrepreneurs are part of the community, providing opportunities for work experience, internships, and workshops. The facilities are also available to neighbourhood residents. De Tafelberg is a community-oriented model that could potentially house a small-scale detention house, integrating incarcerated individuals with other citizens. The size ratio of different groups is crucial here.

What’s unique about the Restorative District of Zuidoost is that it doesn’t require a template for its development. Zuidoost is inherently a Restorative District, not created or confined by a framework, but naturally so. Thanks in part to the current district chair and recent developments like the establishment of the neighbourhood court and peer-led youth courts the concept is further strengthened. Over the next two years, work will continue within the outlined framework of the six layers to further develop and enrich it, connected to efforts to develop and establish a small-scale detention facility connected to existing facilities.

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Creating an inclusive environment: How detention houses could better serve the incarcerated LGBTQ+ Community

Thandiwé Devriendt, the student social media manager at RESCALED, is a criminologist currently pursuing her master’s degree with a keen interest in forensic psychology and minority groups in vulnerable situations. From her studies in Criminology, work, and personal experience, she has chosen to write a blog post on the often underexposed topic of LGBTQ+ individuals in the criminal justice system. In her upcoming post, Thandiwé explores why detention houses, compared to traditional prisons, could offer a more humane and dignified detention experience for LGBTQ+ individuals.

The landscape of the criminal justice system for LGBTQ+ individuals is fraught with unique challenges and systemic inequalities that are often overlooked. Detention houses could be a way to address some of these issues, through their three principles: small-scale, differentiation and community-integration.

Status quo of the LGTBQ+[1] community in the criminal justice system

But what do the current numbers say? 

When examining the current numbers and information provided the minority group seems to face several challenges. Firstly, LGBTQ+ individuals are more likely to be incarcerated. LGBTQ+ youth and transgender people, in particular, are disproportionately more likely to enter the criminal justice system due to a history of bias, abuse and profiling (National Center for Transgender Equality, 2014).

Secondly, they are more likely to face abuse when residing in prisons. They are often victims of daily humiliation, physical and sexual abuse. Additionally, they are faced with the inability to speak about these experiences due to fearing it will get worse if you complain. The fear often prevents them from complaining. For instance the European Comittee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has met several transgender women held in male sections of prisons who reported a feeling of unsafety, verbal abuse by staff and in some cases sexual abuse and assault by fellow incarcerated people. Furthermore, many LGBTQ+ individuals are placed in solitary confinement for extended periods solely due to their identity. For example, a report published in 2020 showed that trans women in Honduras prisons tend to be more severely punished, often through extended periods of solitary confinement. These phenomena are often worsened by the poor conditions in the prison systems: overcrowding, physical and sexual violence & heavy reliance on solitary confinement are common (Penal Reform International 2021; CPT, 2024; National Center for Transgender Equality, 2014).

Thirdly, both staff and other incarcerated people contribute to the abuse and mistreatment of LGBTQ+ individuals (National Center for Transgender Equality, 2014; CPT, 2024).

Fourth, the CPT observed that transgender individuals in prisons potentially face higher risks of self-harm, suicide, and violence-related psychological trauma, paralleling the high risks observed outside prison settings. Research suggests that factors such as discrimination, family rejection, and internalized or externalized transphobia contribute to these risks. The LGTBQ+ youth in specific have often faced such challenges, more specific family rejection, homelessness and hostility by the safety net (f.ex. foster care). This not only heightens the risks of above mentioned phenomena but also paves a way to possible criminal behavior (CPT, 2024; National Center for Transgender Equality, 2014).

Lastly, transgender and gender nonconforming people can face additional forms of mistreatment. Although practices are changing, several facilities still reside strictly according to their genital anatomy, regardless of their gender identity. Consequently their vulnerability to abuse increases when accommodated with a different gender from which they identify with (National Center for Transgender Equality, 2014; CPT, 2024). 

Creating an inclusive environment according to the three principles

Where there are challenges, there’s room for opportunities, in which detention houses are one of them. Detention houses could offer several possibilities for the LGBTQ+ community who are currently incarcerated in large prison institutions. By focusing on the three key principles of detention houses —small-scale, differentiation, and community-integration — we can create a more supportive and restorative experience for LGBTQ+ individuals in the criminal justice system.

In small-scale detention houses, residents are given the opportunity to become more familiar with their environment and staff, fostering a sense of community and security. With fewer residents, the pressure on the staff is relieved. Consequently, the staff can obtain more personal contacts and insights into the group interaction, thus ensuring that any abuse or mistreatment by fellow residents or staff is promptly addressed and that any signs of suicidal thoughts or self-harm are early on noticed and treated.

Furthermore, small-scale detention houses can arrange flexible housing arrangements tailored to the needs and identities of LGBTQ+ individuals according to the judicial possibilities. This differentiated approach allows personalized solutions that ensure the safety and dignity of LGBTQ+ residents without disadvantaging them.  This setting may allow for LGBTQ+ individuals to be housed according to their self-reported identity rather than their genital anatomy, making it easier to respect their gender identity and reduce their vulnerability to abuse. This differentiated approach can be co-created by persons with lived experience (formerly/currently incarcerated & an LGTBQ+ member), by doing so one can create a truly succesful implementation and approach. 

Community-integration can be particularly challenging for LGBTQ+ individuals, who may face double exclusion due to their sexual orientation or gender identity and their criminal past. Community-integrated detention houses focus on preparing residents for successful reintegration by introducing them to supportive environments and resources. By fostering connections with neighbors and community members through activities and interactions, detention houses can help change perceptions and promote acceptance of both LGBTQ+ individuals and those with a criminal past. This approach not only aids in the successful community-integration of LGBTQ+ individuals, but also contributes to a more inclusive society. By utilizing the ecosystem of a detention house, LGBTQ+ individuals can more easily access essential services such as medical treatments for transitioning and therapy, ensuring comprehensive support and care compared to what is typically available in prisons. This is made possible by actively collaborating with actors in this healthy ecosystem to enhance accessibility and inclusivity in healthcare and support services.

By embracing these three principles and exploring legal and regulatory avenues, detention facilities can provide a more humane and dignified experience for LGBTQ+ individuals in the criminal justice system. This approach ensures they receive the respect, support, and opportunities they deserve. This blog post also serves as a call to civil society, especially in Europe, to delve deeper into and address the unique experiences and challenges faced by this community.

 

[1] While some findings originally pertained to a narrower category like LGTB, for this blog post, we have opted to use a broader term, specifically LGBTQ+. Our intention is to promote inclusivity, as we believe that the broader LGBTQ+ community encounters similar challenges.

Sources:

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One small step for detention houses, one giant leap for RESCALED

The European Movement for Detention Houses now has members in seventeen European countries! 

For a movement, growth is important. But equally important is how you grow as a movement. RESCALED is a movement of people who share values on a personal level. We discuss, we laugh, we support each other with the RESCALED mission and vision in mind. We are honoured to welcome ten new members to the movement and look forward to all the synergies in the near future! On June 11th, the RESCALED General Assembly welcomed ten new members:

    • Release (Ireland)
    • Village of Hope (Estonia)
    • Richtungswechsel (Austria)
    • Associazione Antigone (Italy)
    • Association Possible (France)
    • Stichting Sileo (the Netherlands)
    • Silta-Valmennusyhdistys ry (Finland)
    • Coalition of NGOs for Child Protection KOMF (Kosovo)
    • CPIP – Center for Promoting Lifelong Learning (Romania)
    • Angelus Custos Association For Civil Society Development (Croatia)
RESCALED General Assembly June 2024 in Prague, the Czech Republic

Our movement also re-elected board members Berit Johnsen, Rogier Elshout, Hans Claus, Roger Nilsen and Gonçalo Noronha Andrade, and welcomed Birte Metz to the RESCALED Board. Tim Verbist has joined as an advisor to the Board!

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JUST IN: EU COUNCIL CONCLUSIONS ON SMALL-SCALE DETENTION

RESCALED Welcomes Landmark EU Council Conclusions Under Belgian Presidency (EU2024BE)

Brussels, 14 June 2024 — Today, the ministers for Justice of the 27 EU countries have unanimously expressed their support for the use of detention houses. They did so by adopting Council Conclusions on Small-scale Detention and thereby inviting all member states to consider, where appropriate, the use of small-scale detention facilities for custodial purposes, including detention houses, with the aim of limiting the negative impacts of detention, and ensuring better guidance for incarcerated persons on returning to society. The RESCALED Movement, a leading advocate for the use of detention houses in Europe, applauds the adoption of these Council Conclusions, as it marks a significant step towards a more sustainable justice system and a greener, fairer and more inclusive future. This is a strong and hopeful sign in times when many European prison systems are struggling with overcrowding, staff shortages or high recidivism rates.

© EU
Justice and Home Affairs Council (Justice), 14 June 2024

Key Highlights from the Council Conclusions:

      • Social rehabilitation and reintegration into society: Small-scale detention can better facilitate social rehabilitation and reintegration of incarcerated people into society, with the aim of helping prevent reoffending and building more inclusive communities
      • Small-scale, differentiated and community-integrated: The Member States are invited to explore and raise awareness for the potential benefits of small-scale, differentiated and community-integrated detention facilities and consider, where appropriate, the use of these facilities
      • Towards a safe and inclusive society: The Council considers small-scale detention to contribute to a better sense of community and better social integration, which may reduce reoffending. Thus, small-scale, differentiated and community-integrated detention facilities can help achieve safer and more resilient communities.

“We are thrilled to witness this political will to explore the benefits of small-scale, differentiated and community-integrated detention houses for European societies. It is hopeful to see the relation between effective justice policies and well-developed social policies reflected in the Council Conclusions on Small-scale Detention,” says Helene De Vos, Executive Director of RESCALED. “This milestone is part of a wider European movement towards a justice system that truly meets the needs of inclusive, safe and sustainable societies.”

Moving forward, the RESCALED Movement will continue to:

      • Map good practices of small-scale, differentiated and community-integrated detention facilities already existing all across Europe, see also https://inspirational-practices.rescaled.org
      • Increase the know-how on detention houses in collaboration with researchers and practitioners
      • Support national Ministries of Justice, prison administrations and local governments in the implementation of detention houses instead of large prison institutions
      • Engage with local communities to sustain support for detention houses by raising awareness of the benefits of small-scale, differentiation and community-integration

Read the full text of the Council Conclusions ‘Small-scale detention: focusing on social rehabilitation and reintegration into society’.

About RESCALED:

RESCALED, the European Movement for Detention Houses is a growing movement with members in seventeen countries: Austria, Belgium, Croatia, the Czech Republic, Estonia, Finland, France, Germany, Italy, Ireland, Kosovo, Malta, the Netherlands, Norway, Portugal, Romania and Spain. Some members manage small-scale detention houses, whilst others are involved in advocacy, in services to (formerly) incarcerated people and in research. RESCALED’s vision is that one day, societies are inclusive, safe and sustainable. For this purpose, it supports the use of detention houses instead of large prison institutions. Detention houses are small-scale, differentiated and community-integrated. They benefit not only incarcerated people but also their social network, potential victims, the criminal justice system, its staff and society at large. Detention houses allow for a better application of European laws and principles and contribute to restoration, reduced reoffending and social sustainability.

For more information, please contact:

Helene De Vos

Executive Director

RESCALED

info@rescaled.org

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Nature-based detention houses

This post was originally published on 24th October 2023 by Penal Reform International.

In a context of climate crisis and rising costs, prisons, like all institutions, must take action to be more sustainable and minimise impact on the environment. In this blog, Wiep Fokker from Restorative Justice Netherlands makes the case for nature-based detention houses as an ecologically sustainable model for penal reform.

The climate and biodiversity crisis call for a commitment to sustainability in all sectors of our society. While this includes the prison system, there has been little talk of sustainable detention in Europe. It is high time we took a closer look at the ecological sustainability of detention that could contribute to future penal reform: Nature-Based Detention Houses. RESCALED is a European movement with the mission to support the use of detention houses instead of large prison institutions, with the aim that one day, societies are inclusive, safe and sustainable.

A detention house is based on three pillars: small scale, differentiation, and community-integration. There is not one perfect example of a detention house, instead, RESCALED is showing the spectrum of many possibilities to create nature-based detention houses in Europe. How can these houses help us make criminal justice fairer, more effective and environmentally friendly? And why is this shift crucial?

To start with the big ‘Why?’ of the story. You may wonder why it is necessary to add the ‘nature-based’ part to the concept of detention houses. According to the International Union for Conservation of Nature (IUCN), nature-based solutions “address societal challenges through the protection, sustainable management and restoration of both natural and modified ecosystems, benefitting both biodiversity and human well-being”.

This is important since the climate and biodiversity crises we are currently facing ask for precise and swift action. In 2015, the 2030 Agenda for Sustainable Development was adopted to translate the three dimensions of sustainability (social, ecological, economic) into 17 concrete goals for sustainably developed societies in 2030. While much of the focus to date has been on social sustainability, comprehensive solutions can be found in an interconnected combination of the three dimensions of sustainability: social (people), ecological (planet) and economic (prosperity). Therefore, nature-based detention houses could be defined as small scale, differentiated detention facilities embedded within the community, which protect, manage and restore surrounding ecosystems.

Let’s take a closer look at the dimension ‘planet’ and see what added value this – together with people and prosperity – could bring to our justice systems. Thus, let’s move on to the ‘How?’ of the story.

The meaningful ecological impact of detention houses can be ensured by working on both methods and materials: on the one hand, material changes require amendments in architecture, energy and food supply; on the other, changes in methods of activities, transport and waste management can reduce negative impacts on the environment. In this, the so-called ‘ecological footprint’ can be a helpful tool to measure the ecological impacts of detention houses on both a local and (inter)national level. This was, for example, calculated for the Dutch judicial organisation (DJI). The method covers the “total area of land and sea required to sustain an activity or population”, which includes environmental impacts and enables organisations to gain insights in their consumption or production patterns. The aim of nature-based detention houses would therefore be to make the ecological footprint as small as possible and to maximise their positive impact on the surrounding ecosystem.

As for the material aspects, the architectural possibilities offered by detention houses can be promising. Such buildings could for example contain green facades, which is a proven way to contribute to the reduction of air and surface temperatures. Examples of such ‘Vertical Forests’ can be found in various cities around the world, inspired by architect Stefano Boeri.

Vertical Forest | Stefano Boeri Architetti
Doughnut model

The great amount of greenspace included in the inside and outside areas of nature-based detention houses would not only counter biodiversity losses, but also support the wellbeing of both incarcerated people and staff[1]. For example, the mere prospect of a natural living environment with vegetation and wooded area can result in a decrease in self-harm and violence among incarcerated people[2]. When it comes to the methodological aspects, in nature-based detention houses the focus should be on local and reciprocal collaboration and circular economy, for working in line with the ‘doughnut model’ (see below). Recycling of waste should be encouraged, both in the living environment and during working activities. Or think about sustainable meals for incarcerated people, with more plant-based nutrients and produced in an environmentally friendly way in their own vegetable gardens. These changes could be beneficial for both the environment as well as for the health of incarcerated people. 

Are you curious to read more about nature-based detention houses? An introduction to my research on the three levels of sustainability is published on the website of WISH-EU. From the beginning of 2024 onwards, RESCALED together with Restorative Justice Netherlands will share examples of the different aspects of nature-based detention houses as part of their continued work on the ‘Ecosystem’ of detention houses. Stay updated via the LinkedIn or Instagram of Restorative Justice Netherlands or LinkedIn or Instagram of RESCALED. For questions, reach out to me directly at wiep.fokker@restorativejustice.nl.

[1] Moran, D., Jones, P. I., Jordaan, J. A., & Porter, A. E. (2022). Nature contact in the carceral workplace: greenspace and staff sickness absence in prisons in England and Wales. Environment and Behavior, 54(2), 276-299. Boone, M., Althoff, M. & Koenraadt, F. (2016). Het leefklimaat in justitiële inrichtingen. Boom Lemma.

[2] Moran, D., Jones, P. I., Jordaan, J. A., & Porter, A. E. (2020). Does nature contact in prison improve well-being? Mapping land cover to identify the effect of greenspace on self-harm and violence in prisons in England and Wales. Annals of the American Association of Geographers, 111(6), 1779-1795.

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The ecosystem of detention houses

Detention houses have emerged on the local, national and, more recently, even the European level, attracting the attention of policymakers, researchers, practitioners and civil society. These detention houses are based on three principles that reinforce each other: small-scale, differentiation and community-integration. If people are to be deprived of their liberty as a pre-trial measure or as a sentence, a detention house provides the right context for each individual. To fully grasp the value and potential of detention houses, we need to look beyond their observable features (like their scale or location) and consider all dimensions of their ecosystem. This blog text will explain this ecosystem approach and how this can be applied to justice reform.

Detention houses as healthy ecosystems

The ecosystem of a detention house is shaped by the individuals that are connected to the detention house, their communities and society as a whole, which all mutually influence each other. Incarcerated people mostly stay at the detention house, while staff members come and go on a daily basis. Visitors may enter for a shorter period of time and then leave again, which is also the case for psychologists, teachers, and social workers. Incarcerated people may also leave the detention houses to go to school and return in the evening, for example. All the individuals involved interact in a web of relationships, together shaping the social environment in and around the detention house. These relationships can be facilitated, or impeded or blocked, by other features like architectural design, work and education opportunities, psychosocial support, staff well-being, the use of technology etc. Considering all these dimensions in and around a detention house in a holistic way is what we call the ecosystem perspective on detention houses. In healthy ecosystems, all different elements reinforce each other when they interact to form an effective and harmonious system. For example, when the design helps to create a constructive social climate, when staff members contribute to relational security, when neighbouring schools are supported to include incarcerated people among their students etc. The reverse can also happen: a disruptive factor can throw the ecosystem out of balance. 

Towards safe, sustainable and inclusive societies

The ecosystem of a detention house is not limited to the physical boundaries of the detention house, nor is it limited to the boundaries of the criminal justice system. On the contrary, it exists at the junction of other ecosystems: that of the criminal justice system, the health care and mental health care system, the education system, the employment system etc. These different ecosystems interact and overlap, just as the ecosystems of forests and lakes do in nature. Such a holistic approach to detention houses is needed because of the complex nature of the social challenges they are facing and trying to meet. Crime and its root causes find their origin in the complexity of social issues. Therefore, societal reactions to crime cannot be isolated from the society. At the same time, it is clear that part of the current pressure on the criminal justice system is due to shortcomings in other systems, such as the mental health care system. These pressures cannot be solved by detention houses if not addressed holistically. The key is therefore to involve society in the implementation of detention houses and appeal to the shared responsibilities of justice, health care, mental health care, education, employment and other relevant systems in society.

Increasing the know-how on detention houses

So, how to grasp this ecosystem of a detention house? That journey has been kicked off on 20 March 2024, with more than 80 experts from across Europe, discussing 14 different topics related to detention houses and exploring their interconnectedness. The experts’ insights have informed the establishment of various Knowledge Workspaces managed by RESCALED, which are designed to dive into specific topics while always considering the broader ecosystem of a detention house. Each Knowledge Workspace serves as a space for connections between research, practice and policy, as well as different perspectives and backgrounds. These connections foster new insights, shared understanding and innovative solutions, and this know-how can subsequently support the implementation of detention houses in Europe, with continuous reflection and improvement of the existing knowledge. It is only through this comprehensive and systemic approach that we can be confident that the justice reform from large prison institutions to detention houses contributes to more inclusive, safe and sustainable societies.

We look forward to spearheading this process with the RESCALED Movement!

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Small-scale detention

Originally published on 19 April 2024 in Italian at www.rapportoantigone.it

This model of detention refers to three fundamental principles: small-scale, differentiation and community-integration

On March 21st we were guests of the Belgian Federal Senate, at the invitation of the European RESCALED network, to discuss small-scale detention with representatives of European institutions and civil society.

In recent years, the activism and visibility of RESCALED has grown in Europe, a network that supports small-scale detention houses that question the effectiveness of large prison institutions and traditional security measures. This model of detention refers to three fundamental principles: small-scale, differentiation and integration into the community.

In 2022 RESCALED attempted to map and describe the most interesting small-scale detention practices in Europe, differentiated and integrated into the community, adopting a common evaluation matrix, which in turn served as the basis for the preparation of detailed reports. All to enrich understanding of the most interesting practices and gain in-depth insight into the factors that contribute to the success, or potential risks, associated with the implementation of small-scale detention facilities.

To correctly understand the RESCALED approach, it is important first of all to clarify, the intentions of those who created the movement, and what the three principles stated above refer to.

      1. Small-scale: Detention houses have limited capacity, to allow for the creation of a community where individuals can regain their autonomy and act responsibly.
      2. Differentiation: Differentiation refers to the creation of an optimal environment that meets the unique needs and circumstances of individuals. It involves the ambition to place individuals within an appropriate context based on their needs and characteristics. This can be done by tailoring the security dimension based on the risk represented by residents and providing complete and personalized support, through services, activities and programs, to prepare people for their return to society.
      3. Community-integration: Detention houses should be integrated into the local community, to allow interaction and collaboration with the community. By using existing community services and in turn, offering shared services to residents in line with their needs, detention houses should establish meaningful links with the community.

The project is clearly ambitious and clashes, head-on, with many of the characteristics we generally associate with detention

The project is clearly ambitious and clashes, head-on, with many of the characteristics we generally associate with detention. It seems impossible, for example, to talk about a small scale, in a Europe where apparently increasingly larger prisons are apparently being built. Or to reason about differentiation, a principle often stated, but which usually represents only a feeble attempt to counteract the depersonalisation, disempowerment and rigid discipline that we almost naturally associate with detention. And the same goes for community-integration, a principle that is often appealed to, but which usually does not prevail over its opposite, i.e., the idea that prison is first and foremost a device for separation from the community.

Today in Lithuania many transition houses are opening, open prisons to prepare for release

Yet, among the experiences described by the mapping done by RESCALED, there are surprising cases. As one would expect, many of these concern the Scandinavian countries, countries that traditionally combine limited recourse to criminal justice with considerable support for inclusion policies through solid and widespread welfare. 

But it also turns out that interesting things have happened in other countries in recent years. This is for instance the case of Lithuania, a country that for years had the highest detention rate among European countries and a detention model substantially borrowed from the Soviet Union. Today, many transition houses, open prisons to prepare for release, are opening in Lithuania, which to some extent try to adopt the principles stated above: small-scale, differentiation and community-integration. 

The same thing has happened in Belgium in recent years, with the opening of several transition houses, as well as a number of detention facilities designed for a different type of user, people who have to serve short sentences. These too are small in size and with lower security levels, adapted to the risk actually posed by the persons housed and not calibrated, as often happens in traditional detention facilities, to the risk posed by the more conflictual and less cooperative minority of the incarcerated population.         

Finally, and this is the experience of many countries, Italy included, for specific groups of incarcerated people, generally characterized by some form of vulnerability, the use of small-scale detention facilities, generally considered an improvement over mass incarceration, has been and is attempted. Think, for Italy, of our many small juvenile prisons, of the ICAM for detained mothers, or of the REMS for recipients of psychiatric security measures. Small-sized structures in which the progress made in terms of differentiation and integration with the community is probably not exciting, but in which at the same time the mere fact of their small size ends up at least containing their opposite, the depersonalisation typical of larger structures.

Warning against the risk that small-scale detention, if built in partnership with the private sector, may open the doors to forms of privatisation of detention

Antigone welcomed the confrontation with this reality, offering its experience and expertise. And for instance by promoting a reflection on the methods of monitoring and supervision of these facilities, which remain places of liberty deprivation, and therefore contexts where the risk of an illegitimate and arbitrary compression of fundamental rights is always present. But also warning against the risk that small-scale detention, if built in partnership with the private sector, as happens in some cases for example in the Netherlands or Portugal, may open the doors to forms of privatisation of detention. An outcome that is unacceptable to us but which must always be kept in mind, especially in recent years in which we have seen, not only in Italy, the disastrous outcome of entrusting the management of detention centres for migrants to private entities.

As I said, we therefore welcomed this confrontation. And this for several reasons. The first, the most obvious, is that we are interested in learning more about detention methods and practices that are different from those we are used to. Many scholars and operators from other countries are interested in ours, and in particular in the experience of REMS, which in Europe is often considered a good practice from which to take an example.

The second is that in Italy there has been a debate on these issues for years, generally confined to professionals, which has to some extent come out into the open with proposed law no. 1064 for the establishment of Territorial Social Reintegration Houses. The proposed law aims to establish alternative structures to prison, aimed at accommodating all persons who are serving a prison sentence, including residual sentences not exceeding twelve months. As of December 31 2023, this group was, as we reported, 7,648 people.

In these new facilities, with a limited capacity of between five and fifteen people, placed under the direction of the mayor or someone delegated by them, and in which staff employed by the Municipality should operate, it would be concretely possible to implement the constitutional principle of the re-educative purpose of punishment precisely because of their small size, but also because of their integration into the community, both of which are central to the reflection I mentioned above.

To reflect on the function we want prison to perform, on the characteristics it should have to carry it out and, on the indicators, we should use to verify its adequacy in practice

Finally, and this to me is perhaps the most interesting reason for this debate, the opportunity it presents to reflect on the function we want prison to perform, on the characteristics it should have to carry it out and, on the indicators, we should use to verify its adequacy in practice. 

After all, decades of senseless debate on more or less extraordinary prison-building plans have not allowed us to make any progress in this direction. Over the years, astronomical figures and ambitious plans in terms of prison capacity have been discussed. Thousands and thousands of prison places have been promised and never realised, in a growing building frenzy, which was never accompanied by a reflection on what was actually to be built, and for what purpose. We continue to re-propose old detention models, more or less humanized, which we have seen in operation over the decades and which, when investigated, have proven to be good devices perhaps for the storage of human beings, generally in less than dignified conditions, but nothing more. 

Is this the meaning of detention in our system? The containment and neutralisation of people who have to serve a prison sentence? Are we okay with this or do we want to try something else? And in which spaces, and with which organisational models? The debate on small-scale detention, as on any other concept of detention, inevitably raises these questions and imposes a reflection of which we have not been capable, and of which there is evidently a great need.

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UTRECHT HUMAN RIGHTS CITY → UTRECHT RESTORATIVE CITY

street view of Utrecht with pedestrians and cyclists

The Restorative City concept responds to current social challenges posed by rapid urbanisation, environmental degradation, and the need for more sustainable and livable urban spaces. It aligns with growing awareness of the interconnectedness between the built environment, (social and criminal) justice and the well-being of individuals and communities. These communities reside in resilient urban environments that benefit both people, the planet and prosperity. A restorative city involves a holistic and integrated or even circular approach to justice, consisting of doing justice and undoing injustice, often related to environmental, social, societal, cultural, and economic factors.

In 2023, 2024 and 2025 the Netherlands Office of RESCALED [RJN], together with the local health- and justice sector, will explore the relationship between small-scale detention houses and the dynamic interaction with their local urban, economic and social context. 

As early as 2012, the United Nations named Utrecht the first ‘human rights city‘ in the Netherlands. Utrecht received this title because the city had been working for years to translate international agreements on, among other things, poverty and privacy into local policy. For example, Utrecht was the first Dutch municipality where descendants of enslaved people could change their surname, it was the first city with an environmental zone for passenger cars and its local policy led the way in complying with national agreements for allocating social housing to residence permit holders.

In addition to its efforts in various policy areas, Utrecht distinguishes itself by an inclusive and participatory approach to governance. Citizens are actively involved in decision-making processes. This is made possible by citizen participation platforms and forums, which allow residents to make their voices heard and contribute to the development of policies that affect their lives.

As a ‘human rights city’, Utrecht is actively committed to the protection and promotion of universal human rights, and has been working towards peace for generations:

In 1713, agreements were made on the terms to end the War of the Spanish Succession in Europe and Queen Anne’s War in North America. The war had lasted more than a century and a half, and peace was concluded in Utrecht on April 11. However, this was not the first peace treaty in Utrecht. In 1474 the Treaty of Utrecht put an end to a major trade war between Dutch and German members of the International Association of Trading Cities, the Hanseatic League, and the Kingdom of England.

In recent history, Utrecht has been the cradle of the so-called ‘Peaceful School’ and the ‘Peaceful Neighbourhood’. Primary school students are trained to become peer mediators. Together with their teachers, students are working on a peaceful school climate. This has inspired others, leading to the peaceful resolution of conflicts in neighbourhoods becoming increasingly common.

A TRADITION OF RESTORATIVE JUSTICE

When it comes to applying restorative justice, Utrecht has a rich tradition of doing so. As part of the national liveability and safety programme, additional investments will be made in the Overvecht district to increase liveability and safety. This is done by increasing the number of homes, renovating existing homes, and realising social facilities. In addition, poverty and debt are tackled, guidance is provided in finding work, and support is provided to young vulnerable residents. Work is also being done to strengthen the resilience and resistance of the residents.

When it comes to prisons, the city of Utrecht had its own prison from 1856 to 2014: Wolvenplein. It has been given a completely new function, repurposing the existing building through a local initiative: Stadsdorp Wolvenburg. An inclusive neighbourhood with a space for meeting, living, working, food catering and culture. Some activities in the building still refer to its old function, the internal design of the building is preserved and monumental parts of the building are restored as much as possible.

Very recently, Restorative Justice Netherlands (Annemieke Wolthuis and Makiri Mual) took the initiative to organise periodic meetings under the title Restorative Cafés, where the concept of Utrecht as a ‘Restorative City’ is explored and further developed.

WHAT IS A RESTORATIVE CITY?

A “Restorative City” focuses on applying restorative practices and principles to resolve conflict, repair relationships and build a strong, supportive community. A restorative city thereby focuses on restoring relations (micro level), organisational failures (meso level) and system failures (macro level). The idea stems from restorative justice, an approach to conflict that not only focuses on punishment but also on repairing harm, damage and defects. 

A restorative city strives to extend this approach beyond the justice system and integrates it into all aspects of society. It aims to find just solutions together with all those involved in redressing injustice that has arisen in the past (in the broadest sense) combined with future-oriented solutions. 

SMALL-SCALE DETENTION SHOULD BE PART OF A RESTORATIVE CITY.

An essential aspect of a restorative city is the implementation of small-scale detention houses. Maintaining large-scale prisons within a restorative city implies maintaining a system in which some individuals remain excluded from society. Instead, small-scale detention offers the opportunity to focus on recovery and promote individuals’ integration into society. This approach ensures that detention does not mean permanent separation but rather a temporary phase in which interaction and connection with the community are maintained. 

In addition, small-scale detention makes it possible to look deeper into the root causes of criminal behaviour, addressing the underlying issues. So the implementation of small-scale detention facilities in a restorative city will create an environment that promotes recovery and integration. A restorative city dares to invest in understanding its citizens and strive for a society in which detention does not only punish but also restores.

Through the INSPIRE project, Restorative Justice Nederland aims to refine the concept of a restorative city by identifying key principles, such as dialogue, community involvement, democracy and horizontal relationships, and urban design. In addition, the role of small-scale detention within a restorative city will be further explored and applied to some examples.

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THE DOUBLE CHALLENGE OF SOCIAL ENTERPRISES IN DETENTION HOUSES

What advantages can a social enterprise bring to the management and development of a detention house? This is one of the questions we ask ourselves as members of the RESCALED network – the European Movement for Detention Houses – to implement or improve, in different countries, alternative detention facilities to prisons. Based on the fundamental three pillars of small-scale, differentiation and community-integration – detention houses not only humanize conviction but contribute to the creation of safer, equal and more inclusive societies. As a network of organizations, we believe that the collective reflection on ways to turn this vision into reality involves not only the continuous exchange of good practices but also the pooling of doubts and questions to be answered together.

One of the projects Reshape is involved in as a member of the RESCALED Movement is INSPIRE, a project funded by the European Union’s Erasmus+ program which, as evoked by its acronym, has Incarceration & Social Purpose in Restorative Cities as its main theme. INSPIRE is a collective learning process about detention houses and their dynamic interaction with their local urban, economic and social context. In the virtuous intersection of theory and practice, we try to answer the following questions: What are good examples of restorative justice in relation to detention houses? How can a detention house be implemented? How can a detention house finance itself through a social enterprise? And how can we enhance and amplify the voice of lived experience during the implementation process?

The focus on social entrepreneurship emerges as an effective response in the search for a circular approach between the desire to build paths of personal development, the promotion of social inclusion and sustainable projects for people who have to serve a sentence according to a perspective that does not isolate them but capacitates them (also) in the world of work. And, since this perspective tends towards real social reintegration, the community-integration pillar becomes crucially important.

But what are social enterprises in the first place? They can be defined as businesses “with primarily social objectives whose surpluses are principally reinvested for that purpose in the business or the community, rather than being driven by the need to maximize profit for shareholders and owners” (DTI, 2002, 13). Unlike commonly understood companies, social enterprises create employment and services with a social purpose, democratically engaging people and developing benefits for people with socioeconomic disadvantages and vulnerability, under the terms of self- and community empowerment. 

These kinds of enterprises have a long history in the socio-educational world, born to provide answers linked to the job market while pursuing broader goals such as learning, sharing practices, developing skills and creating environments conducive to the inclusion of people who are very often marginalized or cared for in an assistentialist way. However, it is only recently that more in-depth reflection and knowledge about these realities has been developed, especially in the world of social justice.

One of the many examples of social enterprise within the prison system is the restaurant “InGalera” in the penitentiary of Bollate (Milan, Italy). This unique restaurant is open to the public for lunch and dinner, where people can have an experience which is simultaneously culinary and social: the employees in the preparation and serving of refined dishes are people who are serving a sentence and/or preparing for release, assisted and trained by a professional chef and maître d’hôtel. Many of the workers can receive specific training to obtain a hospitality diploma in the Paolo Frisi Hotel School, located in one of the sections reserved for job placement in the penitentiary of Bollate. “The restaurant was created with the purpose of offering regularly employed prisoners the possibility of learning or regaining a work ethic. It is a meaningful journey in which they receive professional training and learn to be responsible. Here, they prepare to enter civil society and the work arena.” (InGalera presentation). Born in 2004, InGalera keeps representing a strong methodology for training and employment, also thanks to the support of the Cariplo Foundation, the Italian Minister of Justice and other organizations that foster the creation of social enterprises. 

However, within the INSPIRE project, of greatest interest is the implementation of social enterprises within detention houses, conceived as a fruitful way of supporting pathways of successful reentries and contributing to small-scale facilities sustaining themselves economically by not relying on one source of funding. The interweaving of detention houses and social enterprises can take place in very different organizational ways, considering that the activities and services offered by social enterprises can be developed internally or externally, by the NGO running the detention house itself or by other organizations. 

What is interesting in this kind of approach, as aforementioned, is that social enterprises respond to two complementary challenges regarding both economic and socio-educational purposes. The successful running of these realities therefore leads to the possibility of the detention house becoming more and more self-financed thanks to the incomes coming from the enterprise’s activities while representing an interesting pedagogical method for the residents of the detention house itself. In socio-educational terms, participation in work activities of this kind promotes job training and the development of skills that are both marketable (for example: woodworking, gardening, electrical maintenance…) and personal. Thanks to structured employment opportunities, people in detention houses can prepare themselves for a smoother transition to liberty as their social reintegration is supported by the benefits of their engagement in meaningful work: major confidence and self-esteem, sense of accomplishment and proactiveness, stronger working chances, sense of belonging in a supportive network of people which can extend beyond the workplace. 

The SeeHaus Juvenile Prison in free forms in Leonberg (Germany) serves as a good example of how a detention house can host a social business program, not only to generate income for the maintenance of the house but also to offer work and promote job skills to its residents. Its business regards training and the promotion of a wide range of activities (gardening, landscaping, metallurgical work, carpentry, construction, and joinery). Although the income from these activities is not enough to cover the house costs – mostly covered by public funding and donations – their social enterprise is an efficient tool for education, training and social inclusion.  Through offering services to the neighbourhood, the social enterprises managed by SeeHaus promote greater integration with the local community and encourage professional skills for residents. Indeed, social enterprises play a fundamental role in promoting change in the local community, positively influencing social and economic dynamics. The work medium helps mend the tears in the social fabric, creating the conditions for the inclusion and empowerment of marginalized groups of people and stimulating local economies, where profits are often reinvested into community initiatives for transversal well-being. The collaboration between social enterprises and detention houses exemplifies the transformative potential of businesses with a social mission to create a more equal and cohesive society.

It is in this respect that social enterprises contribute to the realization of the community integration pillar which underlies the RESCALED approach. Implementing detention houses requires the creation of a welcoming environment for their residents, encouraging mutual involvement and responsibility with people living in the area, besides collaboration with other services and/or professionals (social and healthcare programs, local governments, municipalities and volunteers).  

The integration of detention houses, especially when newly built, in local communities is a big challenge when it comes to cohabitation with neighbors: stigmatization, fear and misconceptions can create barriers and vicious circles that deepen the sense of isolation that people deprived of their liberty often experience. The NIMBY (NotInMyBackYard) effect represents all those attitudes of opposition towards projects that are seen as negative for the neighborhood – for example detention houses – which are often brought about by preconceived ideas about conviction. The feeling of threat, the fear of irrational risks and the difficulty in acceptance mostly come from a lack of information and sensibilization. 

Social enterprises can step in and offer activities that can reduce the NIMBY effect or even initiate YIMBY (YesInMyBackYard) processes, generating value for the community as a whole. Initiatives that bring people together throughout shared spaces and activities like those exemplified before, allow residents to get to know a reality they probably used to have many prejudices about, transforming stereotypes into faces and names. Moreover, it can represent a pathway for a more restorative approach to justice, symbolically and financially speaking, reducing recidivism and contributing to a general feeling of safety and fairness. 

References:

INSPIRE project: https://www.rescaled.org/projects/ 

InGalera Restaurant: https://www.ingalera.it/en/index.html

From NIMBY to YIMBY practice booklet: https://www.rescaled.org/2022/10/07/from-nimby-to-wimby-practice-booklet/

Léa Sébastien (2013). “Le NIMBY est mort. Vive la résistance éclairée : le cas de l’opposition à un projet de décharge, Essonne, France”, Sociologies pratiques, vol. 27, n°2, pp. 145-165.

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EUROPEAN SYMPOSIUM ON DETENTION HOUSES 20 & 21 March 2024

🙏 Empowering voices, igniting change: together we can change the system! 

🌍 The European Symposium on Detention Houses brought together diverse perspectives and expertise from across Europe, sharing knowledge about inspirational practices, addressing significant challenges and most of all, fostering a community committed to justice reform. 

The esteemed panel with Caron McCaffrey, Ewelina Dobrowolska, Franc Weerwind, Jan-Erik Sandlie, Karel Dvořák and Paul Van Tigchelt showed that there is political will in Europe to support this system change. 

🇪🇺 Daiana Huber, Jesca Beneder, Malgorzata Kozak and Radu Szekely reminded us of the importance to see detention houses as a shared responsibility of justice, education and employment and encouraged us to look beyond the different ‘silos’, departments or directorates-general we’re working in.

☕ We want to thank Jerry Lie, Stephan Tiele, Zoraya and Jemuel Lampe from Zuivere Koffie, the world’s first prison-based coffee roasters, for their invaluable contribution to this symposium: “People who have lived experience, give them a permanent seat in decision-making. I think we can change the world.” And of course for their amazing coffee!

💡🤝 A warm thank you to Tanja Dejanova, Annie Devos, and Hannah Graham for their thoughtful perspectives on net-widening and for asking critical and essential questions so that detention houses don’t increase the number of incarcerated people: How do we ensure people in the criminal justice can leave the net? And what other nets do we need to support them? 

🏡🌱 Let’s applaud Petra Colpaert, Liz Ayre, Esteve Serna Rosello, and John Docherty for their pioneering efforts in advancing small-scale detention and presenting recommendations from day-to-day practice.

🇧🇪 Last but certainly not least, we are thankful to the Belgian Senate for graciously hosting us and to the Belgian Presidency of the Council of the European Union 2024 for putting detention houses on the European agenda –  providing a platform for meaningful dialogue and collaboration in the heart of Brussels. To the RESCALED Team and Board for their hard work and to the RESCALED Members for their unwavering commitment to supporting the use of detention houses instead of large prison institutions: THANK YOU!

Let’s keep the momentum strong! 

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