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Chairman’s Summing-up (by François Heisbourg) | The Role of Islam in Europe: Multiple crises? (by Amel Boubekeur and Samir Amghar) | The Multiple Crises in Dutch Parallel Societies (by Rob de Wijk) | Islam in Russia in 2020 (by Alexey Malashenko)
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The issues of security and rule of law are central for the development of societies and their prosperity. The level of security provided by the state is an important prerequisite for the quantity and quality of investments coming into the economy. The personal safety of citizens frees and energizes their creative capabilities. Establishing the rule of law will factor in significantly for the rise of trust in Bulgaria on the international scene, and particularly among its partners from the European Union. The police guarantees the security and public order in the country. By law it is obligated to counteract crime and protect citizens’ rights and freedoms, to preserve their life, health and property. A few of the Bulgarian policemen continue to work and live with the understanding of being part of a power structure, established to exercise mainly repressive functions. These views are being shared to a great extent by the political class and by society as a whole. This is not the case with developed democracies, in which police is perceived as a state authority designed and bound to provide citizens with security services.
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In discussing the treatment of offenders one is constantly reminded of the existence of a crisis necessitating the introduction of changes into the established practice. This is quite understandable in view of the fact that the policy of treating offenders is a complex matter calling for continuous review, dynamism and responsiveness. However, unlike in other fields (e.g. medicine), where research has been of fundamental importance for the advancement of practice, most innovations in the treatment of offenders have been brought about by the multitude of extraneous factors such as political views, available resources, habits or common attitudes. Nonetheless, the last decade has brought certain undeniable changes: nowadays the need to improve the criminal law system as a precondition of building a better and safer society is being discussed far more openly than ever before. As a result of increasingly open debates, interest among scientists, specialists and members of the general public in the subject is growing. However, mere concern about the current state of affairs cannot solve the problem, i.e. bring about an effective treatment policy, unless one is also fully aware of the hitherto successes and failures and of the purpose and direction of the ongoing changes. The conclusion we are likely to reach sooner or later is that we may expect to see real progress only after we have gathered reliable information and taken stock of our strengths and weaknesses in order to develop a capacity for designing and implementing a more effective policy. Bearing this in mind, we can now proceed to evaluate the research project before us. Evaluation helps us to understand the mode of application and the effects of a strategy as well as to increase our chances of success through revision. Evaluation is a test of the soundness of our approach because it enables us to find out whether reality bears out our suppositions and desires. Unfortunately, many are unprepared to confront such a test; they prefer the lull of unverified suppositions and beliefs and thus deny the significance of evaluation as an open threat to the status quo. Given the present state of affairs, it comes as no surprise that the project was initiated by the non-governmental sector or, to be precise, by the Helsinki Committee for Human Rights in Serbia. In accordance with its principal mission, the organization is primarily interested in the legal aspects of the enforcement of institutional criminal sanctions (imprisonment of adults and juveniles, security measures associated with compulsory psychiatric treatment and custody in health institutions, committal to a reformatory, detention), especially whether current practice is in keeping with the relevant provisions of domestic law and international legal acts. My assignment was to render professional technical assistance in translating a prison monitoring idea into a research project. The resulting undertaking entitled Prison Monitoring having been completed, my present task as its author and professional adviser throughout, is to introduce the reader to our method of work. We first set out to determine exactly what we wanted to find out, then to choose the best way of accomplishing that. We proceeded to analyze at great length relevant domestic and international rules and regulations, identifying the following six principal spheres of interest to which their provisions pertained: the quality of life; security; the lawfulness of treatment; social resettlement; contacts with the outside world; and the institution personnel.
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Throughout the totalitarian rule of the regime of Slobodan Milošević and his henchmen, which lasted for over a decade, the country’s prisons remained shut to public scrutiny. Information about the state of human rights of the prisoners and the conditions in which they served their sentences was the exclusive privilege of the state authorities directly involved and of the individuals and institutions concerned with the matter for purposes of scientific research. The question of prisoners’ human rights was completely marginalized by war, crimes, economic hardship and daily violations of citizens’ human rights and freedoms up to 5 October 2000. For many a convict, being locked away to serve a sentence of imprisonment did not mean mere deprivation of liberty for a set period of time, but also the start of a cruel struggle for survival in the gloom of lawlessness, corruption, torture, inhuman conditions and society’s total lack of interest in his or her life behind bars. It was only after widespread prison rioting broke out in November 2000 that the public’s attention was drawn to the conditions in which the prisoners served their sentences. The prisoners put out announcements throwing light on the substandard and inhuman conditions prevailing in Serbia’s penitentiaries and prisons. During the riots, groups and individual prisoners made statements complaining that the prison conditions were far below the levels set by relevant international standards and domestic prison rules. The prisoners alleged serious violations of their physical and psychological integrity, humiliating and degrading treatment, unjust punishment and general arbitrary treatment by prison personnel. They complained of, among other things, torture by beating, lack of minimum personal hygiene facilities, absence of medical treatment and health care, and corruption among prison administrative staff. Some of the allegations and complaints were partly confirmed by competent officials of the Ministry of Justice. As a palliative for the utterly unsatisfactory prison conditions, federal and republican amnesty laws were duly introduced to be finally adopted respectively on 26 February 2001 and 13 February 2001. Nonetheless, although a number of convicts were fully amnestied and a percentage of sentences commuted, the conditions in which prisoners served their sentenced remained unchanged. In addition to the factors mentioned above, the inhuman conditions in Serbia’s prisons endured and multiplied also owing to the country’s isolation of many years, during which time no international organization other than the International Red Cross was granted access to its prisons. Domestic non-governmental organizations were also kept at arm’s length and only rarely allowed to see what went on inside. In view of the circumstances enumerated above, it was clearly necessary to introduce continuous monitoring of prisons by an independent, non-governmental institution in order to obtain a realistic picture of the prison conditions. The new government is aware that admission to the Council of Europe and to other international organizations depends in part on the conditions in which sentenced persons serve their prison sentences, as well as that the public must be informed about those conditions. So, after presenting the concept and objectives of the Prison Monitoring project, the Helsinki Committee for Human Rights in Serbia was granted permission in May 2001 to visit institutions for the enforcement of criminal sanctions. This meant that for the first time in the history of this state an NGO could apply for and be granted permission to visit places of detention, custody and imprisonment without any restrictions, to interview prisoners with no personnel being present, and to talk to personnel without the presence of administration officers. Between June 2001 and October 2003, the Helsinki Committee paid a total of twenty-one visits to institutions for the enforcement of sanctions entailing the deprivation of liberty. During the period covered by this report (April 2002 to October 2003) the Helsinki Committee visited twelve institutions (one maximum-security prison, two closed prisons, three open prisons, two district prisons, one psychiatric prison, one reformatory, and one juvenile prison). In launching the project, the Helsinki Committee was principally guided by Article 64 of the European Prison Rules which states: ‘Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this.’ The Helsinki Committee hopes that its efforts to complete the project and publish this book will make a small but valuable contribution towards achieving this goal.
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In discussing the treatment of offenders one is constantly reminded of the existence of a crisis necessitating the introduction of changes into the established practice. This is quite understandable in view of the fact that the policy of treating offenders is a complex matter calling for continuous review, dynamism and responsiveness. However, unlike in other fields (e.g. medicine), where research has been of fundamental importance for the advancement of practice, most innovations in the treatment of offenders have been brought about by the multitude of extraneous factors such as political views, available resources, habits or common attitudes. Nonetheless, the last decade has brought certain undeniable changes: nowadays the need to improve the criminal law system as a precondition of building a better and safer society is being discussed far more openly than ever before. As a result of increasingly open debates, interest among scientists, specialists and members of the general public in the subject is growing. However, mere concern about the current state of affairs cannot solve the problem, i.e. bring about an effective treatment policy, unless one is also fully aware of the hitherto successes and failures and of the purpose and direction of the ongoing changes. The conclusion we are likely to reach sooner or later is that we may expect to see real progress only after we have gathered reliable information and taken stock of our strengths and weaknesses in order to develop a capacity for designing and implementing a more effective policy. Bearing this in mind, we can now proceed to evaluate the research project before us. Evaluation helps us to understand the mode of application and the effects of a strategy as well as to increase our chances of success through revision. Evaluation is a test of the soundness of our approach because it enables us to find out whether reality bears out our suppositions and desires. Unfortunately, many are unprepared to confront such a test; they prefer the lull of unverified suppositions and beliefs and thus deny the significance of evaluation as an open threat to the status quo. Given the present state of affairs, it comes as no surprise that the project was initiated by the non-governmental sector or, to be precise, by the Helsinki Committee for Human Rights in Serbia. In accordance with its principal mission, the organization is primarily interested in the legal aspects of the enforcement of institutional criminal sanctions (imprisonment of adults and juveniles, security measures associated with compulsory psychiatric treatment and custody in health institutions, committal to a reformatory, detention), especially whether current practice is in keeping with the relevant provisions of domestic law and international legal acts. My assignment was to render professional technical assistance in translating a prison monitoring idea into a research project. The resulting undertaking entitled Prison Monitoring having been completed, my present task as its author and professional adviser throughout, is to introduce the reader to our method of work. We first set out to determine exactly what we wanted to find out, then to choose the best way of accomplishing that. We proceeded to analyze at great length relevant domestic and international rules and regulations, identifying the following six principal spheres of interest to which their provisions pertained: the quality of life; security; the lawfulness of treatment; social resettlement; contacts with the outside world; and the institution personnel.
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Throughout the totalitarian rule of the regime of Slobodan Milošević and his henchmen, which lasted for over a decade, the country’s prisons remained shut to public scrutiny. Information about the state of human rights of the prisoners and the conditions in which they served their sentences was the exclusive privilege of the state authorities directly involved and of the individuals and institutions concerned with the matter for purposes of scientific research. The question of prisoners’ human rights was completely marginalized by war, crimes, economic hardship and daily violations of citizens’ human rights and freedoms up to 5 October 2000. For many a convict, being locked away to serve a sentence of imprisonment did not mean mere deprivation of liberty for a set period of time, but also the start of a cruel struggle for survival in the gloom of lawlessness, corruption, torture, inhuman conditions and society’s total lack of interest in his or her life behind bars. It was only after widespread prison rioting broke out in November 2000 that the public’s attention was drawn to the conditions in which the prisoners served their sentences. The prisoners put out announcements throwing light on the substandard and inhuman conditions prevailing in Serbia’s penitentiaries and prisons. During the riots, groups and individual prisoners made statements complaining that the prison conditions were far below the levels set by relevant international standards and domestic prison rules. The prisoners alleged serious violations of their physical and psychological integrity, humiliating and degrading treatment, unjust punishment and general arbitrary treatment by prison personnel. They complained of, among other things, torture by beating, lack of minimum personal hygiene facilities, absence of medical treatment and health care, and corruption among prison administrative staff. Some of the allegations and complaints were partly confirmed by competent officials of the Ministry of Justice. As a palliative for the utterly unsatisfactory prison conditions, federal and republican amnesty laws were duly introduced to be finally adopted respectively on 26 February 2001 and 13 February 2001. Nonetheless, although a number of convicts were fully amnestied and a percentage of sentences commuted, the conditions in which prisoners served their sentenced remained unchanged. In addition to the factors mentioned above, the inhuman conditions in Serbia’s prisons endured and multiplied also owing to the country’s isolation of many years, during which time no international organization other than the International Red Cross was granted access to its prisons. Domestic non-governmental organizations were also kept at arm’s length and only rarely allowed to see what went on inside. In view of the circumstances enumerated above, it was clearly necessary to introduce continuous monitoring of prisons by an independent, non-governmental institution in order to obtain a realistic picture of the prison conditions. The new government is aware that admission to the Council of Europe and to other international organizations depends in part on the conditions in which sentenced persons serve their prison sentences, as well as that the public must be informed about those conditions. So, after presenting the concept and objectives of the Prison Monitoring project, the Helsinki Committee for Human Rights in Serbia was granted permission in May 2001 to visit institutions for the enforcement of criminal sanctions. This meant that for the first time in the history of this state an NGO could apply for and be granted permission to visit places of detention, custody and imprisonment without any restrictions, to interview prisoners with no personnel being present, and to talk to personnel without the presence of administration officers. Between June 2001 and October 2003, the Helsinki Committee paid a total of twenty-one visits to institutions for the enforcement of sanctions entailing the deprivation of liberty. During the period covered by this report (April 2002 to October 2003) the Helsinki Committee visited twelve institutions (one maximum-security prison, two closed prisons, three open prisons, two district prisons, one psychiatric prison, one reformatory, and one juvenile prison). In launching the project, the Helsinki Committee was principally guided by Article 64 of the European Prison Rules which states: ‘Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this.’ The Helsinki Committee hopes that its efforts to complete the project and publish this book will make a small but valuable contribution towards achieving this goal.
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General rules on sentencing juvenile detention refer to all those circumstances that influence the sentence, firstly, in the context of its overall minimum and maximum general, and within the limits prescribed punishment for an offense. The use of mitigating and aggravating circumstances, in addition to specific, causes the minor offender in determining take into account all the circumstances surrounding that may affect the sentence to be lower or higher. One circumstances affecting juvenile offender to impose a more lenient sentence within the general minimum and maximum overall juvenile prison, called mitigating circumstances while affecting to impose stricter punishment as an aggravating.All of mentioned circumstances are those that re the most common, the most typical and that, objectively speaking, the most significant factors in determining the penalties in general and juvenile prison. In this regard, it is necessary to expose how and what significance given the circumstances in sentencing juvenile prison, in order to finally achieve the proper purpose of punishment.
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The criminal legislation of the Republic of Serbia is directed, in recent years, toward prescribing and implementing alternative criminal sanctions and measures. The emergence and development of alternative criminal sanctions is an attempt of humanization of the existing penal system and rational response to certain forms of criminal behavior. By the adoption of the Law on Execution noncustodial sanctions and measures, in 2014,Republic of Serbia completed the legal framework for the implementation of alternative criminal sanctions and measures.In this paper, the author pays attention to the implementation of electronic monitoring in controlling freedom of movement of the accused or convicted person, ie, forms and electronic surveillance during the execution of alternative criminal sanctions and measures. Especially, author is considering the compliance of Serbian legal norms with the acts of the Council of Europe which regulate this area.
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We know that adequate treatment and successful re-socialization of sentenced persons in penal institutions implies the use of modern forms, methods and means of work, carried out by competent and motivated educators. It is a common opinion that most educators, in their initial education, did not receive adequate preparation for work in penal institutions, ie. that there is a gap between the theoretical preparation of educators in initial education and the requirements for professional engagement practices. There is a need for new knowledge, skills and abilities, as well as an opportunity to improve them. It is this scientific monograph that points to the general and specific competencies of educators in penal institutions, as well as the motivation of educators to learn and improve, that is, lifelong learning and professional development.
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This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities.
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The Swedish Presidency of the EU presented in July 2009 a new Road map with a view tofostering protection of suspected and accused persons in criminal proceedings in the Union. The Road map set out its vision to foster the right to a fair trial in criminal proceedings across the EU. The same Presidency also presented a Draft Resolution on 31 July 2009 outlining the grounds and content of the Road map, which was adopted by the Council on the 30 November 2009. Its aim was to invite the European Commission to submit new legislative proposals covering the measures included in the Roadmap, and in this way overcome the obstacles encountered by a previous Commission initiative of 2004 on certain procedural rights incriminal proceedings throughout the EU.
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The publication concerns court interventions in the case of juvenile demoralization as well as adolescents who have for various reasons earned the status of juvenile delinquents. It is no coincidence that the authors employ the term “various reasons” which is associated with the very capacious yet vague concept of demoralization. This term is a key category of the Juvenile Delinquents Act which delineates response procedures in cases where an adolescent violates legal, moral and social norms and is raised in conditions which are detrimental to that child’s social development. Many concepts contained in the act are questioned by authors of studies devoted to the analysis of the Polish model of juvenile justice – lawyers, criminologists as well as educators and psychologists. These doubts are discussed in the book and, in addition, this message has been reinforced with data from the authors' own research. The publication adopts several perspectives for the evaluation of the juvenile justice model. However, it is appropriate to explain the absence of strictly legal analyses. Legal themes appear naturally, but they are intentionally left undeveloped and without a deeper examination. It is meant to facilitate the implementation of the aim of the book, which is an attempt to view the relevant law only through the educational functions it should or could perform in relation to children who are at risk of demoralization.
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The establishment of the Federal Service of the National Guard Forces of the Russian Federation (FSWGN) fits in the tradition of the Russian security services. One of ist important elements are periodic reorganization, name and structure changes and management staff to restart the bodies. In contrast to radical changes in the past - the creation of the FSWGN, i.e. the Rosguard (this abbreviation is also used in official documents), was an evolutionary move which had been announced for many years under the modernization of internal troops and improvement of their effectiveness. From the texts in federal legislation and presidential decrees regulating the activities of the new force, and above all the information campaign accompanying its creation, it can be assumed that the introduced changes are of technical nature. The statutory tasks of the Rosguard are not much different from those assigned to internal troops and police formations. // The purpose of this text is to try to answer the questions about the FSWGN a spart of Russia's military organization and operational machine, and what is its organizational and personnel profile - more police or military. It was made on the basis of an analysis of the legal grounds for functioning Rosguard, its official documents, reports and reports posted on the FSWGN website, as well as media reports about it.
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This paper examines the EU counterterrorism policy responses to the attacks in Paris, 7-9 January 2015. It provides an overview of the main EU-level initiatives that have been put forward in the weeks following the events and that will be discussed in the informal European Council meeting of 12 February 2015. The paper argues that a majority of these proposals predated the Paris shootings and had until that point proved contentious as regards their efficacy, legitimacy and lawfulness. A case in point is the EU Passenger Name Record (PNR) proposal. The paper finds that EU counterterrorism policy responses to the Paris events raise two fundamental challenges: ** A first challenge is to the freedom of movement, Schengen and Union citizenship. The priority given to the expansion in the use of large-scale surveillance and systematic monitoring of all travellers including EU citizens stands in contravention of Schengen and the free movement principle. ** A second challenge concerns EU democratic rule of law. Current pressures calling for an urgent adoption of measures like the EU PNR challenge the scrutiny roles held by the European Parliament and the Court of Justice of the European Union on counterterrorism measures in a post-Lisbon Treaty setting. // The paper proposes that the EU adopts a new European Agenda on Security and Liberty based on an EU security (criminal justice-led) cooperation model firmly anchored in current EU legal principles and rule of law standards. This model would call for ‘less is more’ concerning the use, processing and retention of data by police and intelligence communities, and it would instead pursue better and more accurate use of data that would meet the quality standards of evidence in criminal judicial proceedings.
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Studija ima nesumnjivu edukativnu vrijednost jer na primjerima pokazuje koliko kulturološke matrice i rodna nejednakost utječu na pravno i sudsko tretiranje fenomena nasilja u porodici. Autori i autorice su feminističkim čitanjem presuda i analizom okolnosti svakog slučaja osvijetlili razumijevanje pravnih normi u specifičnom kulturnom kontekstu u kojem norme djeluju. U analizi je posvećena pažnja samoj normi i njenom tumačenju, analizi šireg porodičnog konteksta i odnosa počinitelj - žrtva, vjerodostojnosti iskaza koje je sud cijenio u konkretnim slučajevima, pristupu iskustvima koja imaju počinitelj/žrtva u ispoljavanju oblika nasilja tako da se u rezultatu dobiva dublji uvid u društveni fenomen nasilja i sudski odnos prema ovom fenomenu. …Ova studija analizom konteksta, percepcije, jezika i rodnih uloga pokazuje bolni presjek u krugu intimnih odnosa opterećenih nasiljem. Ako nije lagano štivo za čitanje, onda je neophodna literatura u obrazovanju osoba koje sudjeluju u čitavom procesu koji tretira nasilje u porodici. Potrebna je akademskoj zajednici, stručnoj zajednici, kreatorima politika i nosiocima pravosudnih funkcija. Pojednostavljeno rečeno, ova studija je lektira za stvaraoca prava, za one koje pravo štiti, pa do onih koji primjenjuju i tumače pravo u njegovoj primjeni.
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Goli otok je mjesto obilježeno represijom jugoslavenskog komunističkog režima nad tisućama pojedinaca koji su na otoku bili zatočeni. Negostoljubivi i nenaseljeni otok između Raba i Senja predstavlja jedno od simbolički najvažnijih mjesta u suvremenoj povijesti Hrvatske, odnosno bivše Jugoslavije. No od nekadašnjeg logora, kasnije zatvora na Golom otoku, ostale su tek derutne i devastirane zgrade po kojima zimi pasu ovce, a ljeti šetaju turisti u potrazi za iskustvom “jadranskog Alcatraza” koje im prodaju turističke agencije i lokalni brodari. Iako su za Goli otok gotovi svi u Hrvatskoj čuli, rijetki o njemu mogu reći više od nekoliko smislenih rečenica. Jedan od važnijih razloga ovog nesrazmjera je i donedavni manjak širokoobuhvatnih znanstvenih istraživanja Golog otoka. Objavom knjige “Povijest Golog otoka” dr. Martina Previšića početkom 2019. godine učinjen je veliki iskorak u znanstvenom istraživanju ove važne teme. No Previšićeva knjiga od šestotinjak stranica svojim opsegom uvelike nadilazi potrebe za informiranjem prosječnog posjetitelja, odnosno šire javnosti.
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Ovaj zbornik je nastao kao rezultat projekta “Procesuiranje mržnje: prema usvajanju i implementaciji najboljih standarda i praksi Evropske unije u borbi protiv krivičnih djela počinjenih iz mržnje u BiH”, koji implementiraju Udruženje tužilaca Federacije BiH i Analitika – Centar za društvena istraživanja, a uz podršku Ambasade Kraljevine Norveške u BiH.
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Odnos pravosuđa i javnosti u Crnoj Gori je ogledalo suštine demokratskih procesa i kapaciteta crnogorskog društva, posebno u dijelu borbe protiv korupcije i organizovanog kriminala. Upravo u unaprijeđenju tog odnosa i u doprinosu smanjenju nivoa korupcije u Crnoj Gori kroz njeno efikasno procesuiranje značajno može pomoći komunikacija i saradnja pravosudnih organa i organizacija civilnog društva. Stoga je Centar za građansko obrazovanje (CGO), uvažavajući i sve dosadašnje napore praćenja suđenja, cijenio da je posebno bitno osvrnuti se na procesuiranje slučajeva korupcije, kako kroz postojeći zakonodavni okvir i mogućnosti institucija sistema, tako I kroz obradu ovakvih slučajeva ili indicija o takvim slučajevima u medijima, u uvjerenju da kroz jednu procjenu situacije može biti koristan korektiv i partner svim stranama, a sve u cilju borbe protiv korupcije, kao jedne od najvećih prepreka uspostavljanju vladavine prava, razvoju crnogorskog društva i usvajanju najboljih evropskih standarda i praksi.
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The twenty-panel exhibition recalls the activities of couriers and smugglers who, in the western Šumava region, risked their lives to help Czechoslovak citizens on their way to the free world. The Iron Curtain: post-war Europe was divided by the Iron Curtain. Czechs running for freedom tried to overcome this guarded space by various means. The luckier ones succeeded, others were detained or killed. What did the border guard look like? What is the balance sheet of the iron curtain? Detention and investigative methods: the State Security became a powerful support of the communist regime, which participated in mass lawlessness, persecution and repression. She followed real opponents of the regime, but also produced them herself. What methods did she use? Did she treat women better than men? Prison: the StB secret prison in Wintrová Street in Prague was used to extract intelligence from arrested couriers and their own associates.
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Results of public opinion polls on corruption conducted among police officers, assessment of police work, statistics on filed criminal complaints against police officers and different scandals in connection with the MoI work which occurred in 2013 indicate that there is significant corruption in the police and that this undermines the integrity of police and its officers. In addition to this, a harmonized system of internal police control, which, together with institutions of external oversight and control, should prevent the police from exceeding their competences and simultaneously ensure greater responsibility of police officers, does not work well in Serbia. Also, the implementation of strategic documents for reducing police corruption is questionable. All this together is not conducive to meeting the expectations of most citizens that the police should play the leading role in the fight against corruption in Serbia (CeSID, UNDP 2012: 25).
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