Since the start of the full-scale invasion of Ukraine by the russian federation, the country has faced its largest war since World War II. Government statistics reveal an overwhelming number of veterans returning home or preparing to do so. Are we ready for this challenge? It is clear that the state must take care of those who are defending it today. The lack of psychological rehabilitation, social support, and an understanding of the veteran experience will lead to a worsening criminal situation in the country. How are these issues being addressed by other nations? In particular, human rights activist and head of the NGO “Legal Hundred,” Lesia Kliarovska, shared insights on the experience of veterans’ courts in the United States with Mind.
Grim statistics and new challenges
Experience shows that prior to the full-scale invasion, Ukrainian judges largely ignored the psychological trauma of veterans when sentencing them for even minor offenses, let alone more serious crimes. This, in turn, only provoked aggression among a significant portion of the population, and former heroes ended up on the list of criminals. Such a situation contributed to the rise of negative attitudes in society.
However, if we look at the essence and purpose of any punishment, what is the primary goal? To prevent further crimes! But can we prevent crimes without applying punishment? Is there an effective method or algorithm for doing so? Ukraine currently lacks experience in addressing this issue, which is why it is worth examining international practices.
Response to the “Vietnam Syndrome”
The “Vietnam Syndrome” is the same post-traumatic stress disorder (PTSD) that U.S. soldiers developed after returning from Vietnam. The lack of proper psychological rehabilitation, social, and mentoring support caused a sharp deterioration in the criminal situation in the country, leading to an increase in alcohol and drug addictions, as well as suicide cases.
One successful approach to dealing with this difficult situation was the creation of veterans’ courts in some U.S. states. One of the best examples of such an institution is found in Akron, Ohio. This model is not a typical judicial institution because its primary goal is not to punish veterans with PTSD but to find the root cause of their criminal behavior and help them deal with the underlying factors that led to the crime.
To participate in the veterans’ court program, an individual who has committed a crime must meet the following conditions:
- Be a veteran,
- Undergo a psychological-psychiatric examination confirming the presence of PTSD.
After the psychological-psychiatric examination, the individual is immediately placed under the jurisdiction of the veterans’ court. This institution is authorized not only to assign duties such as regular check-ins and other court directives, but also to offer a range of interventions aimed at correcting the offender without imposing punishment. These interventions include psychological rehabilitation with professional psychologists and veteran mentors, social support, medical and legal assistance, and more.
Components of the program
Psychological rehabilitation is conducted by professional psychologists who deeply study the psychological state and traumatic experiences of each veteran. Specialists consider that PTSD manifests differently in everyone, depending not only on the duration of their time in combat zones but also on the individual’s unique characteristics. After this evaluation, a tailored treatment plan is developed under the constant supervision of a specialist.
Mentorship support is provided by fellow veterans who have overcome PTSD, alcohol, or drug addiction. Certain traditions help veterans open up, such as in Akron, where veterans gather in small groups, following a shamanic ritual with a “sacred” stick. Their motto is: speak, listen, heal. Anyone holding the stick has the opportunity to communicate their feelings, which helps them realize their struggles are shared by others.
Social support involves practical assistance to veterans regarding their needs. If a veteran lacks housing, temporary accommodation is provided for up to six months. During this time, social services work to help the veteran find a job, enabling them to rent housing independently in the future.
Legal support is part of the social support, providing veterans with free legal assistance based on their needs. This can cover various issues, such as business disputes, inheritance problems, or family matters like divorce, alimony, and property division.
Medical assistance is also a key part of the program. With a high level of service and veteran-oriented care, chronic and other illnesses are effectively diagnosed, and treatments are prescribed. This also includes prosthetics or the replacement of prostheses, as well as the development of technologies to improve mobility.
This comprehensive program works in parallel with the veteran’s check-in schedule in court and unscheduled drug and alcohol tests.
Only after successfully completing the entire program and meeting satisfactory results in each component can a veteran be relieved of criminal responsibility or have their sentence reduced.
Ukraine’s readiness for veteran reintegration
For me, veterans’ courts are the pinnacle of a pyramid, concluding the existing effective system of providing medical, legal assistance, proper psychological rehabilitation, and treatment for alcohol and drug addiction. At the same time, it serves as a litmus test, clearly indicating which component of the system is not functioning. This is why work needs to begin now.
To establish a procedure similar to the veterans’ courts in the U.S., it is not necessary to create separate judicial institutions. Everything can be done within the framework of the existing system of general jurisdiction courts. The key goal is the effective functioning of the entire system as a cohesive support, rehabilitation, socialization, and treatment system.
Veterans should already feel that they are valued, thought about, and cared for. They need to know they are important to the country and its people, not just today, but in the future as well. And it is within our power to ensure this.
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The government statistics are staggering, showing the number of veterans returning or expected to return home. Are we prepared for such challenges?