Mariam’s Journey through Georgia's Diversion and Mediation Programme

Mariam entered a shop to look for a present for her classmate. The birthday party was going to take place that evening and Mariam was excited to go; it was the first time she was invited to a big party.

“I wanted to impress my classmate, but nothing I could afford seemed to be good enough; she always wears such nice clothes and looks perfect. I thought of asking for more money at home, but my mom has a really low salary, and I didn’t want to upset her”, recalls 16-year-old Mariam.

It was a spur-of-the-moment decision that led Mariam to take one of the bracelets from the stand – which costed more than her 100 Lari monthly allowance – and slip it under her sweater.

"There were a lot of reasons behind the mistake I made. Initially, the misstep seemed minor, but it led to serious repercussions," reflects Mariam.

It did not take long for the theft to be discovered by the shop security. Accused of the crime and facing severe consequences, Mariam’s first and only contact with the justice system marked a critical turning point in her life. That was when Mariam first heard the term “diversion”. 

Diversion is an alternative mechanism to criminal proceedings and a major cornerstone of the juvenile justice system. According to the Juvenile Justice Code of Georgia, diversion is a priority measure, which means that if a juvenile commits an offense, the use of diversion should be considered as a first priority. The European Union and UNICEF have been supporting the Diversion and Mediation Programme in Georgia since its beginning. 

The prosecutor made a decision to enroll Mariam in the diversion programme, since it was a first offense, she displayed remorse, and was willing to work on herself.

As part of the programme, Mariam was enrolled in a number of trainings and activities. Social workers assisted her in analyzing her motivations and behaviors, as well as the results of these behaviors. Stress management through art therapy helped Mariam with her emotional struggles and equipped her with the practical tools she needed to navigate through her daily challenges. 

Social workers attempt to match diverted children with activities that align with their interests.  “I knew that Mariam loved to read,” says Marika Tkeshelashvili, a social worker of the National Agency for Crime Prevention, “so, I was looking for an opportunity for her to do volunteer work at a book-shop or a publishing house”.

This is where Sulakauri Publishing House stepped in. As a member of the Business Advisory Council for Children – a platform established by UNICEF aiming to enhance the contribution of the Georgian business sector to respect, protect and ensure children’s rights – Sulakauri Publishing learned about the Mariam’s case and expressed a willingness to support the Diversion programme by providing internship opportunities for young people at their bookshops.

With a passion for books, Mariam was eager to serve as a volunteer intern for one month. The experience not only offered her a safe space to spend her free time, but also contributed positively to her feeling of community membership.

 "In the bookstore, I found a friendly environment where I could read and also, be useful. I didn't feel like a ‘diverted child’ at all. Every time I came to work, I felt like a member of the team and also, gained important work experience," says Mariam.

As a result of her 6-month involvement in the diversion programme, Mariam was able to reset her priorities and learn how to be more open about her emotions and challenges with her friends and family. She started to prepare for university exams.

"The main lessons I learned were that no one is immune to mistakes, and you have to take responsibility for your own mistakes. I did it, and I'm glad that instead of serious legal problems, I can now focus on my future, education, and career," says Mariam.

The Diversion and Mediation Programme was introduced in Georgia in 2010 and was a major shift towards restorative justice. With support from the European Union, UNICEF is working to enhance the efficacy of the juvenile justice system in Georgia. UNICEF provides technical support to the National Agency for Crime Prevention, Execution of Non-Custodial Sentences, and Probation, with a focus on refining the Diversion and Mediation Programme. The initiative analyzes existing challenges such as the lack of services for diverted juveniles, and develops concepts for its enhancement, and provides tools and guidelines for effective monitoring.

From 2012 to 2022, up to 5600 children and young people, ages 14-21, have been diverted from criminal proceedings in Georgia.

About the project:

UNICEF, with the support of the European Union, continues to promote effective support and protection of children by enhanced child protection and justice systems. The three-year programme ‘Strengthening Systems and Services for Child Protection in Georgia’ supported by the European Union, aims to strengthen legislation, policies and guidelines that support the de-institutionalization process and to enhance the capacity of the professional workforce at central and municipal levels to support and protect children and families in Georgia.

The article was produced with the assistance of the European Union. Its contents are the sole responsibility of the authors and do not necessarily reflect the views of the European Union.