Back Criminal justice actors applying the theory of change to reduce excessive use of pre-trial detention

A two-day workshop on integrating behavioural science approach into the co-operation activities in the areas of humanisation, resocialisation and restorative justice was conducted on 16-17 September 2024 within the Council of Europe Project “Strengthening the human rights compliant criminal justice system in the Republic of Moldova”.
Criminal justice actors applying the theory of change to reduce excessive use of pre-trial detention

The workshop brought together criminal justice actors who contemplated on the integration of the theory of change to facilitate a decrease in the use of non-custodial measures at the pre-trial stage. By reflecting on the current situation, the participants were able to identify the underlying barriers that prevent the widespread use of alternatives to detention in the Republic of Moldova, including the key priorities needed to be addressed to facilitate a decrease in the use of non-custodial measures at the pre-trial stage.

The Committee of Ministers of the Council of Europe, in the execution of the Sarban group of cases, noted with concern that non-custodial alternatives to detention continue to be rarely applied in the Republic of Moldova. The Committee strongly encouraged authorities to reflect on the impediments preventing their use and to take all necessary measures to ensure that prosecutors and courts properly consider such alternatives.

“Tackling the excessive use of pre-trial detention requires a structured approach that targets the behavioural and institutional factors influencing judicial decisions. Applying the theory of change in this regard may guide this transformation. By using this framework, we may identify the root causes behind the overuse of pre-trial detention and systematically address the barriers to change”, emphasised Mr Falk Lange, Head of the Council of Europe Office in the Republic of Moldova.

“Co-creation workshops are part of the methodology of Social and Behaviour change the Council of Europe is introducing in its programmes of cooperation – this will strengthen their effectiveness and sustainability”, mentioned Ms Natalia Voutova, Head of the Council of Europe Office in Georgia.

“By working with legal professionals from across the Republic of Moldova, together we can co-create unique solutions which are tailored to the current situation and successfully overcome barriers to change. We do this by listening - listening to each other and understanding the concerns and challenges faced by the various professional groups. This insight allows us to develop cross cutting and collaborative solutions and a clear plan of action”, underlined Dr Rowena Merritt, Council of Europe consultant.

Through the lens of the theory of change, the workshop laid the foundation for mapping the pathways of change, starting with problem identification and culminating in specific actions aimed at shifting behaviour.

The Council of Europe Project "Strengthening the Human Rights Compliant Criminal Justice System in the Republic of Moldova" contributes to further strengthening the criminal justice system of the Republic of Moldova in the areas of combating ill-treatment and establishing a basis for a more humane approach towards sentencing in criminal cases.

Chisinau, Republic of Moldova 16-17 September 2024
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