UNDERSTANDING INTERDISCIPLINARITY AT COURT: TALKING A HOLISTIC VICTIMOLOGY IN LAW AND PSYCHOLOGY
Dialogue between José Luis de la Cuesta & Enrique Echeburúa
José Luis de la Cuesta
Professor of Criminal Law. University of the Basque Country (UPV/EHU) Spain
Director of the Basque Institute of Criminology
Director of the Research Group GICCAS (Basque Government, IT 1372-19)
Biography: Obtained his Law Degree at Law Faculty of San Sebastián in1977, being distinguished with the Second Spanish National Prize (Law). In 1979, he equally obtained the High Diploma in Criminology at University Complutense of Madrid. He is Doctor in Law of the University of the Basque Country (1981: Extraordinary Prize of the Law Faculty). He visited several foreign institutions with a post-doctoral research purpose: in France (Université de Pau et des Pays de l'Adour), in the UK (University of Edinburgh), in Belgium (Université Catholique de Louvain), and, particularly, at the Max-Planck Institut (Freiburg, Germany, 1982-1983). Further research visits to DePaul University (Chicago, U.S.A., 1994), and to the Center for Judicial Studies & National Judicial College, University of Reno (2002) can also be underlined. He is Honorary President of the International Association of Penal Law (AIDP), after having served as President from 2004 to 2014. In 2009, he received the Euskadi Prize of Research in Social Sciences and Humanities. He has been awarded Doctorate honoris causa by three Universities: the University Alexandru Ioan Cuza (Iasi, Romania: 2011); the University of Huánuco (Peru: 2017); and the Autonomous University of Peru (Lima, Peru: 2019). He is also Honorary Member of the Basque Society of Victimology.He has published 3 individual books; 6 collective books; 128 contributions to collective books; 96 Articles in scientific reviews. His website is located a www.ehu.eus/joseluis.delacuesta
Professor of Clinical Psychology. University of the Basque Country (UPV/EHU), Spain.
Research Director of Clinical and Health Psychology Program at the University of the Basque Country University (UPV/EHU), Spain
Biography: Enrique Echeburúa (born 1951 in San Sebastián, Spain) has been a Professor of Clinical Psychology at the University of the Basque Country (UPV/EHU) since 1979. He received his B.A. in Psychology from the Complutense University of Madrid in 1973 and his Ph.D. in Psychology from the Complutense University of Madrid in 1978. He was a founder member of the Basque Institute of Criminology in 1978 and he is past president of the Basque Society of Victimology (2004-2008). He has been the director of the research team in Clinical and Health Psychology at the University of the Basque Country since 2011. His publications include more than 530 papers and book chapters, as well as 35 books, mostly in the areas of anxiety disorders, gambling disorder, sexual aggression and violence. His current research is focused on intimate partner violence (psychological treatment of victims and perpetrators) and on violence risk assessment and management, as well as on behavioral addictions. He has lectured extensively around the world and is the recipient of several awards (e.g. the Euskadi Research Prize 2017 in the field of Social Sciences and Humanities) related to research contribution. He has been a senior member of the Basque Academy of Sciences, Arts and Humanities since 2012. His website is located at www.enriqueecheburua.com. His email is firstname.lastname@example.org
Despite the calls for interdisciplinarity in victimological science and practice, the criminal justice system continues to be fragmented in many ways. Even if the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, in line with the UN international standards on victims’ rights, demands integral protection for victims and inter-professional coordination, the reality in many jurisdictions is that many victims keep being seen as instrumental in the criminal process causing them further secondary victimization, as the 2019 EU Fundamental Rights Agency study on victims of violent crimes has recently underlined. At the same time, there is a risk of converting the victims in pathological objects for psychological intervention by concentrating on individual victims without considering broader social and justice aspects. Concrete proposals to achieve a better collaboration among jurists and psychologists, as well as other professionals, will be discussed in order to approach a more holistic understanding of the processes of victimization and recovery, including the consideration of digital advancements.
SOCIAL BONDS—A LIFELINE TO VICTIMS OF ATROCITY CRIMES
David J Scheffer
Ambassador David J. Scheffer, Visiting Senior Fellow, Council on Foreign Relations, Clinical Professor Emeritus and Director Emeritus of the Center for International Human Rights, Northwestern University Pritzker School of Law
Biography: David J. Scheffer is the former U.S. Ambassador at Large for War Crimes Issues (1997-2001) and led the U.S. delegation in negotiations of the Rome Statute of the International Criminal Court and its supplemental documents. He negotiated the creation of five war crimes tribunals during the 1990’s, was Senior Adviser and Counsel to the U.S. Permanent Representative to the United Nations from 1993 to 1997, and sat on the Deputies Committee of the National Security Council during that period. Ambassador Scheffer was the U.N. Secretary-General’s Special Expert for U.N. Assistance to the Khmer Rouge Trials (2012-2018). He was the Mayer Brown/Robert A. Helman Professor of Law at Northwestern University Pritzker School of Law (2006-2020) and is now Clinical Professor Emeritus and Director Emeritus of the law school’s Center for International Human Rights. He is Professor of Practice at Arizona State University and in 2021 was Global Law Professor at KU Leuven. Ambassador Scheffer is Vice-President of the American Society of International Law (2020-2022). He was the Tom A. Bernstein Genocide Prevention Fellow of the U.S. Holocaust Memorial Museum (2019-2021). He received the Berlin Prize (2013), the Champion of Justice Award of the Center for Justice and Accountability (2018), and the Dr. Jean Mayer Global Citizenship Award of Tufts University (2020). He authored All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton, 2012) and The Sit Room: In the Theater of War and Peace (Oxford, 2019). He is a graduate of Harvard, Oxford, and Georgetown.
The address will focus on how the social bond market can be utilized to generate funding for the needs of victims of atrocity crimes: genocide, crimes against humanity, and war crimes. Atrocity victims currently number in the tens of millions globally. Addressing their essential demands—both in the long-term objective of justice and reparations and the short-term aim of assisting them with their economic, health, and habitat needs in the aftermath of atrocities—is a massively unfulfilled policy priority. For several years momentum has built behind “humanitarian investing,” namely utilizing the private sector and attracting “social investors” for profitable (though often less than conventional market rate) investment opportunities that serve humanitarian aims and scale the funds needed to pursue them. During the pandemic, the social bond market gained a firm and expanding foothold for worthy causes. There are different types of social bonds to explore for humanitarian purposes. The address proposes the issuance of social bonds, sometimes backed by sovereign, foundation, and corporate guarantees, to address the budgetary requirements of both small and large humanitarian organizations and criminal tribunals seeking to meet the needs of atrocity victims.
RESTORATIVE JUSTICE FOR VICTIMS OF TERRORISM: MERGING DIFFERENT PERSPECTIVES
Dialogue between Barbara Dührkop (Graduate in humanities of the University of Uppsala, Sweden, and former teacher) & Pili Zabala (Graduate in odontology of the University of the Basque Country and teacher)
Bárbara Dührkop (born in Hanover, Germany) was until 2009 a Member of the European Parliament, where she was a Vice-Chair of the Socialist Group. Her husband Enrique Casas was assassinated by the Comandos Autónomos Anticapitalistas (CAA), a branch of ETA. Within a longitudinal research of the Basque Institute of Criminology (University of the Basque Country) and other platforms, she has participated in several restorative justice projects. She has also participated in school programs and European initiatives to engage students in issues related to human rights of victims of terrorism.
Pili Zabala (born in Tolosa, Basque Country), former member of the Basque Parliament with Elkarrekin Podemos. The disappearance of her brother Joxi Zabala in 1983 marked her life; Joxi, an alleged member of ETA, was kidnapped, tortured and murdered by the GAL (state terrorism group). Since then, she became an activist for peace and reconciliation in the Basque Country. Within a longitudinal research of the Basque Institute of Criminology (University of the Basque Country) and other organisations, she has participated in several restorative justice and educative projects.
Departing from the current situation in the Basque Country, host of the Symposium, our key speakers will be sharing their different visions as victims on their participation in restorative justice projects developed in the Basque Country in cases of terrorism and political violence. Both have already participated in documentary films and books on the matter. Holding both a great interest in restorative justice from a victimological standpoint, they will offer us different visions about elements of justice and healing within restorative justice. In concrete, they will approach to what point can restorative justice be transformative or therapeutic, what is the meaning of apology and forgiveness in this kind of process; and what should be the role of digital memorialisation practices. By contrasting reflective views with real experiences, the complexities and different intersections of restorative justice can be further debated with the participants in the Symposium. It should be stressed that the Basque restorative projects have called the attention of different researchers and international organisations such as the European Forum for Restorative Justice, the Radicalisation Awareness Network (RAN) and the informal network Encounter on Restorative Encounters (ERC) that in 2019 gathered victims, ex-offenders and facilitators of restorative justice in cases of terrorism and political violence coming from Italy, Northern Ireland, Spain, Belgium, and Israel. Barbara Dührkop and Pili Zabala have participated in the activities of these organisations and networks.
CYBER DATING ABUSE: A NEW TYPE OF VICTIMIZATION IN THE DIGITAL AGE
Anabel Cerezo Domínguez
Full professor in Criminal Law and Criminology
University of Malaga (Spain)
Biography: Anabel Cerezo (Zaragoza, Spain, 1969) received her M.S. and Ph.D. in Criminal Law and Criminology in 1992 and 1998, respectively, from the University of Malaga (Spain). Since 1993, she joined the Criminal Law Department at the University of Malaga, where she is Full Professor. She was Fulbright Visiting Postdoc at the School of Criminal Justice, Rutgers University, Newark (U.S.) and Visiting Researcher at the Institute of Criminology, Cambridge (U.K.), at the Faculty of Law, Queensland University of Technology, Brisbane (Australia), at the Institute of information Sciences and Electronics, Tsukuba University (Japan) and at the Leuven Institute of Criminology (Belgium). Professor Cerezo is currently Director of Institute of Criminology in University of Malaga, where it will be held the next ESC Conference in September 2022. She has been President of the Spanish Society of Criminology (SEIC) and former member of the European Society of Criminology (ESC) or the International Society of Criminology executive boards. Her areas of research and specialisation span the subjects of victimology, prisons, domestic violence, cybercrime, criminal policy, crime prevention and drugs. She has authored and co-authored several books and journals and published well over fifty papers in conference proceedings.
Cyber Dating Abuse is a quite new topic in the academic world. Criminal behaviours using electronic devices are occurring between adolescents whose relationships are characterized by dating affection or sexual involvement. The main goal of this theoretical research on the state of the art is to expand knowledge about the types of violence and abuse that adolescents experience by the use of technology (eg. social network sites, texting or smartphones) and the consequences of such cyber abuse within teen dating relationships. Based on an overview of research studies, the prevalence of the phenomenon as well as the explanatory variables will be taken into account. The review aims to focus more closely on the gender-based violence behaviours in juvenile relationships. The key to cyber teen dating abuse prevention is to intervene early as well as to increase awareness among parents and teachers.
THE EXTENT, NATURE AND IMPACTS OF TECHNOLOGY-FACILITATED ABUSE
Criminology, School of Social Sciences
Biography: Dr Asher Flynn is an Associate Professor of Criminology in the School of Social Sciences at Monash University and Vice President of the Australian and New Zealand Society of Criminology. She is a leading international researcher in policy and prevention concerning gendered and sexual violence, and AI and technology-facilitated abuse. Asher has an extensive publication record and is lead researcher on several major international projects in these fields, including an ANROWS project examining the prevalence, harms and responses to technology-facilitated abuse across Australia. She is the recipient of a number of prestigious international research fellowships for her work on sexual violence and has held high-level advisory positions with the United Nations, the British Home Office and the Australian Office of the eSafety Commissioner. Asher is the Australian representative on the Facebook Women’s Safety Expert Advisory Board and a founding member of the Rape & Sexual Assault Research & Advocacy Initiative. Her substantial individual and collaborative body of work in this area includes seven books and approximately 60 peer-reviewed publications. For more information, see: https://research.monash.edu/en/persons/asher-flynn.
Technology-facilitated abuse is a growing problem. The rapid advancement and commercialisation of digital technologies has meant tools to abuse, track, monitor and harass others no longer require the same technological expertise or knowledge to cause harm. Cyber abuse, including sexual harassment, gender and sexuality-based hate and dating abuse is becoming even more common as we immerse ourselves further into online forms of communication and connection. This can be seen in the emerging evidence showing an increase in technology-facilitated abuse during the social isolation measures introduced during the COVID-19 pandemic, partially in response to the changing social, economic and relational environments it created. But there is still so much we do not know about technology-facilitated abuse. This paper presents findings from a project funded by Australia’s National Research Organisation for Women’s Safety (ANROWS), with support from the Australian Government Department of Social Services, on the extent, nature and impacts of technology-facilitated abuse. The paper will specifically discuss the first reliable nationally representative prevalence data of self-reported victimisation and perpetration of technology-facilitated abuse across Australia, as well as findings from qualitative interviews conducted with victims and perpetrators of multiple forms of technology-facilitated abuse.
LEGAL REPRESENTATION FOR RAPE VICTIMS: PROTECTING SENSITIVE THIRD-PARTY EVIDENCE
Senior Lecturer in Criminology, Deakin University
Biography: Dr Mary Iliadis is a Senior Lecturer in Criminology in the School of Humanities and Social Sciences at Deakin University and co-convenor of the Deakin Research on Violence Against Women Hub. Mary’s research is informed by national and international context, and explores the rights and protections afforded to victims of sexual violence in criminal trials in England and Wales, Ireland and Australia. More broadly, Mary researches police and prosecutorial discretion in response to gendered violence and explores prospects for victim participation across the criminal trial process, including legal representation for victims of gendered-based violence.
Australian and international research has documented the procedural challenges impacting rape/sexual assault victims’ engagement with the criminal justice system. These include the myths and stereotypes underpinning investigations and prosecutions and intrusive defence questioning that seeks to distinguish ‘honest’ from ‘deceitful’ victims, particularly during cross-examination at trial. Despite repeated legislative attempts to restrict the use of victims’ sensitive third-party evidence in criminal trials, it continues to be used by defence counsel to challenge victim credibility. This includes the use of sexual history evidence and private records, such as medical and counselling notes, and digital communications, such as phone records containing private data. Internationally, evidential rules have sought to restrict irrelevant and offensive defence questioning of victims’ sexual history and character evidence, including evidence drawing on victims’ private communications, such as counselling records. However, in practice, such evidence continues to be admitted in court as a basis to undermine victims’ character and testimony. This paper addresses the perceived need to further safeguard sexual offence victims’ sensitive third-party evidence through the introduction of independent legal representation (ILR) in adversarial justice processes. Drawing on international models of reform where ILR is available to sexual offence victims in some adversarial jurisdictions, this paper outlines the ways in which victim ILR might better safeguard sexual offence victims’ sensitive third-party evidence in criminal trials and improve their procedural and substantive justice experiences. It also considers the potential benefits and risks of introducing ILR to prevent the disclosure of victims’ sensitive third-party evidence in court.
CRIME VICTIMS IN RURAL AND URBAN CHINA: THE CASES OF GHOST MARRIAGE AND P2P LENDING
T Wing LO
Associate Vice-President (Student Affairs), City University of Hong Kong, China
Biography: Professor T Wing Lo, a Hong Kong registered social worker, obtained his PhD from the Institute of Criminology, University of Cambridge in 1991. He had been a youth gang worker for 17 years and joined City University of Hong Kong (CityU) in 1990. He was Head of the Department of Social and Behavioural Sciences, and now serves as Associate Vice-President (Student Affairs). He was winner of Applied Research Excellence Award (2002), Teaching Excellence Award (2007), and Excellence in Knowledge Transfer Award (2019) of CityU. He has been a member of the International Advisory Board of the British Journal of Criminology, editorial board member of Youth Justice, Asian Journal of Criminology, and British Journal of Community Justice, founding editor of the Routledge Studies in Asian Behavioral Sciences, and vice-chairman of the General Assembly of Asian Society of Criminology. He has been invited to speak in different occasions, such as the delegates attending the UN Palermo Convention against Transnational Organized Crime in New York in 2010, and officials of the US Department of Defence in Washington DC in 2015. He has published extensively, and the recent ones are: Lo, T.W., Siegel, D., & Kwok, S.I. (Eds.). (2020). Organized Crime and Corruption Across Borders: Exploring the Belt and Road Initiative. London: Routledge; and Liu, Z., & Lo, T.W. (2020). Understanding Crime in Villages-in-the-City in China: A Social and Behavioural approach. London: Routledge.
China is a huge country and the kind of crimes found in rural and urban areas would be very different. In rural area, a tradition of ghost marriage has been passed down from ancient times. According to folklore, males or females who reached adult age and died before marriage could not be buried with their ancestors. After posthumous marriage, the deceased could be buried with their ancestors instead of being buried in the woods and becoming wandering ghosts. With the boom in economy, the custom has spawned a ghost marriage market, resulting in the trading of corpses. The profits have driven criminals to kidnap, murder, raid tombs, steal corpses from morgues, and traffic corpses. In urban area, the boom in economy has triggered the wealthier groups to find new channels for investment. A large number of P2P lending platforms or companies have been formed. In principle, they only manage the matching between lenders and borrowers. But in practice, many devious or illegal practices have been identified, such as the use of extraordinary high interest rate to attract depositors and misuse of the deposits in high risk investment. The financial malpractice has resulted in bank-run and the collapse of companies. Against this backdrop, the victims of crime will be examined with specific reference to the socio-cultural context of China.