Veterans need treatment, not punishment
Expanding benefits and services for veterans is not only a key responsibility of the state but also a guarantee of future security, and an essential step to enhancing the prestige of the military profession. However, today we are talking about one important aspect of this process – fair trial.
First and foremost, a veteran has the right to appeal to the court with a claim against the state and receive a fair and reasoned decision. However, after returning home, veterans often face difficulties in adapting to civilian life: grief, stress disorders, depression, family problems, unemployment, financial difficulties, aggression, insomnia, alcoholism, drug addiction, and so on. In the long term, these problems may lead to criminal behavior and even the commission of criminal offenses.
Currently, the Ukrainian judicial system is not prepared to provide veterans with the opportunity to exercise their right to a fair trial. This means that the judicial system must look into the root of the problem — the underlying causes of such criminal behavior.
The root cause is the psychological states and health issues caused by the experience of war. Therefore, the response should be treatment and rehabilitation, not just imprisonment. An important aspect of the right to a fair trial in this context will be the opportunity for treatment and rehabilitation of a veteran who has committed a criminal offense.
What is the judicial-rehabilitation program?
In response to these challenges, a judicial-rehabilitation program could be created in Ukraine, similar to the Veteran Treatment Courts in the U.S. As the name suggests, the main goal of such programs is rehabilitation of veterans who enter the criminal justice system.
In simple terms, when a veteran suffering from psychological disorders (such as PTSD, consequences of traumatic brain injuries, addiction, etc.) commits a criminal act, the appropriate response from the state is treatment and rehabilitation.
How does the judicial-rehabilitation program work?
The judicial-rehabilitation program can operate within the existing judicial system. If a veteran commits a criminal offense, and meets all the criteria, along with voluntary consent, the case can be transferred to a judicial-rehabilitation program.
The main goal of this program is to eliminate the psychological factor that led to the veteran’s criminal behavior.
Personal rehabilitation program: within the program, a personal treatment and rehabilitation plan is developed for each veteran, which includes both medical and psychological measures, as well as judicial oversight. The program includes:
- consultations with a psychologist
- mentoring by other veterans
- addiction treatment
- other medical and rehabilitation assistance
Additionally, the program can include help with resolving social, household, and legal issues. The court carefully monitors the progress of the program.
Possible outcomes of the program
If the program is successfully completed, the veteran may be released from responsibility or receive a significantly reduced sentence. This is beneficial not only for the veteran but also for society, as it gains an active, productive member of the community. Moreover, the likelihood of reoffending is greatly reduced.
Importance for Ukraine
For Ukraine, given its current stage of development and functioning, it is important to ensure financial and legal effectiveness, and the judicial-rehabilitation program for veterans can address both of these needs. It will ensure a fair approach to veterans who find themselves at the crossroads of criminal behavior due to the aftermath of war and, at the same time, allow for effective rehabilitation and reintegration into society.
Conclusion
The idea of judicial-rehabilitation programs for veterans is a path to justice based not on punishment, but on understanding the root causes of veterans’ problems and providing them with treatment and rehabilitation. This is not only an important step toward a rule-of-law state but also a guarantee of a better future for veterans and for the country as a whole.
Author:
Given Ukraine's citizens' aspirations for European integration, it is essential to develop human-centered institutions and procedures. One important aspect of this is the reintegration of veterans, individuals who have put the country's interests above their own. In addition to the right to benefits and services, veterans have the right to a fair trial. More about this in the author’s column for 24 Channel.