The number of juvenile offenders in the Basque Country has fallen to 11 per cent and the success of restorative justice has reached 73 per cent

The rate of recidivism of minors to whom juvenile justice measures areapplied in the Basque Country has fallen from 13% to 11% between 2018 and 2024, according to the Counsellor for Justice and Human Rights of the Basque Government, María Jesús San José, who believes that73%of the measures implemented  have a positive result because they facilitate the assumption of responsibilities by offenders, facilitate compensation for harm caused to victims and reduce the risk of recidivism.

On Wednesday, San José presented to the Committee on Justice and Human Rights of the Basque Parliament the evaluation of the 'Fifth Juvenile Justice Plan 2020-2024' and advanced the outlines of its sixth edition.

The Counsellor recalled thatthe Fifth Juvenile Justice Plan " was designed to ensure effective, preventive and educational juvenile justice, adapted to the individual reality of each minor in contact with the judicial system ".

To this end, during the period evaluated , 11,751 offences committed by minors were recorded, of which 9,784 were offences, mainly theft, injury and domestic and gender violence, and 1,967 minor offences.

   
In the face of these violations,3,611 measures were applied , especially those relating to probation, internment and community benefits. There were also 2,738 criminal sentences and 222 acquittal. In the Counsellor's view, these data show that the plan "has fulfilled the objective of ensuring the effective enforcement of judicial decisions by implementing measures in a proportionate manner and in accordance with the needs of each minor".

Profile of juvenile offenders

The profile of juvenile offenders shows thatthe majority are men aged 16 and 17, who have committed their first crime, "the majority of those born in the Basque Country", although 28 per cent are foreigners, most of whom commit a single offence and take a single measure, although a high percentage require a number of interventions, which shows the need for "adapted and flexible responses".

San José has explained that the Basque Country has "more foreign juvenile offenders" than other autonomous communities, one of the factors of which is that the Basque Country "has a greater capacity for reception and protection", which means that "some vulnerable profiles reach this autonomous community".

In addition, he recalled that "many migrant minors arrive without their family networkat , even with very harsh routes ", so the hospitalization and care protocols" will be reviewed and updated. The same protection, the same rights and obligations for all, whether born here or born abroad ", he said.

The evaluation shows the importance of restorative justice, with 2,470 mediations carried out during this period, of which 73 per cent had a positive result. These mediations "have made it possible to hold minors accountable, to facilitate reparation for harm done to victims and to reduce recidivism", taking into account the individual and family factors of each case. The Counsellor has pointed out that this mechanism, "far from being simple, requires commitment and effort, strengthening education and personal responsibility".