Strasbourg, 20 October 2008 P-PG/CJ(2008)13rev1_en
9th MEETING OF THE
EXPERT FORUM ON CRIMINAL JUSTICE
Cavtat, (Croatia)
REPORT
1. Opening of the meeting, adoption of the agenda and introduction of the objective of the meeting
The Co-ordinator of the platform, Ms Lidija VUGRINEC (Croatia), opened the meeting and welcomed the participants to Cavtat (Croatia). The list of participants is set out in Appendix I.
The agenda was adopted as set out in Appendix II.
Ms Vugrinec also underlined the dual aim of the Criminal Justice meeting: Firstly, to have a presentation and debate on recidivism; further to explore the possibilities to continue work on quasi-coerced treatment and other alternatives to imprisonment and to report on the preparation of an activity on precursors. Finally, participants should reflect on future activities of the Criminal Justice platform.
2. Activities on QCT and other alternatives to imprisonment with regard to
drug-dependent offenders
The item was discussed together with the Ethics Platform members. This part of the meeting was chaired by Mr Patrick Sansoy (France, Chair of the Ethics Platform). The participants of both platforms presented themselves briefly during a tour de table.
As the Chair underlined, the aim of this interdisciplinary meeting consisted in identifying - on the basis of the work undertaken by the Criminal Justice platform - issues to be discussed in the Ethical platform.
The discussion was introduced by a presentation of Mr Tim McSweeney on the recent activities undertaken by the Criminal Justice platform on the subject of quasi-coerced treatment and other alternatives to imprisonment. He presented in particular the results of a survey he conducted - on request of the platform members – on the existing national legal framework governing QCT. The overview focuses on the following questions:
In his conclusions, the consultant stated that much more can be learnt about QCT practices and principles by drawing on the considerable experiences and knowledge accumulated between those countries having national legislation and/or guidelines on QCT. There is scope for further developing and refining some aspects of national guidance on QCT to ensure closer alignment with existing best practice principles – e.g. greater focus on reintegration and monitoring and evaluation.
In the ensuing debate, members of both platforms highlighted the enormous differences in the application of existing legislation and/or guidelines on QCT. These differences relate i.e. to a structural mistrust between law enforcement and public health officers. A way forward would be to determine indicators of success of QCT as alternative to imprisonment with regard to the fixed objectives (e.g. reduction of prison population, prevention of recidivism).
The following areas could be further explored:
- How to collect evidence on the effectiveness of QCT?
- How to compare the relative effectiveness of QCT to imprisonment, also with regard to successful re-integration?
- How to assess the cost-effectiveness of QCT programmes, in particular residential treatment?
- How to address the confidentiality problem?
- Which elements to be covered in the agreement between client and criminal justice system?
- How to determine the consequences of non-compliance with the treatment provisions?
Participants agreed:
- to invite 2-3 delegations (e.g. France, Cyprus, Croatia, United Kingdom) to make presentations highlighting the differences and approximation of perceptions of QCT from a law enforcement and a public health point of view; for this purpose it would be desirable to have representatives of the public health system as part of the delegations concerned present at the 10th CJ platform meeting;
- to launch a call to member States to submit descriptions and evaluations of existing QCT-pilot projects in their countries with a view to drawing up a list of positive examples;
- to establish a database with national contact persons on QCT, possibly in cooperation with the EMCDDA.
3. Public awareness and perception with regard to QCT and other alternatives to
imprisonment
Participants agreed to create an open-ended working party on a QCT communication strategy. This working party, comprising the representatives from Romania, Norway, Cyprus, Croatia and the consultant, Tim McSweeney, would meet in the margin of the next CJ platform meeting.
4. Recidivism
The debate was introduced by a presentation of Mr Johnny Connolly on recidivism In the Republic of Ireland – lessons for international research. The consultant defined recidivism as re-entry in the criminal justice system, i.e. re-offending, re-arrest, re-conviction or re-imprisonment. The objectives of work on the subject of recidivism constitute the need to address the revolving door syndrome, the need to determine which sentences are effective, the need to measure relative cost-effectiveness of imprisonment and alternatives, the need to learn about effective re-integration, etc. Recently research has become more feasible by the automation of police, judicial and prison data collection. International research could facilitate the identification of recidivism patterns across different socio-cultural contexts and to better analyse the link between drugs and crime. Mr Connolly advocated more cooperation between the Criminal Justice platform and existing international research activities (Dutch study (ongoing) and an international working group working on a common standard for cross-national comparisons).
In the discussion, reference was made to an Australian study on recidivism. It was underlined that more information is needed on existing data on re-offending.
Participants agreed to instruct the Secretariat in cooperation with Mr. Johnny Connolly to get in touch with the persons responsible for the Dutch study and to invite them to make a presentation at the 10th CJ platform meeting.
5. Precursors
Participants were informed about the draft programme of the conference on back-tracking, collection of evidence, sanctions and prevention in the area of precursor trafficking (see Appendix III) and took note of the need to assist the Secretariat in the identification of speakers. Participants agreed that the invitations should also be distributed to the members of the Airports Group.
Participants welcomed the invitation of Romania to host this conference, which is scheduled for 26/27 March 2009.
6. Any other business
7. Date of the next meeting of the Criminal Justice Platform
It was decided to schedule the 10th Criminal Justice platform meeting for 23/24 April 2009 – provided that a meeting room will be available.
APPENDIX I
PROVISIONAL LIST OF PARTICIPANTS
9th Meeting of the Expert Forum on Criminal Justice
Dubrovnik (Croatia), 2-3 October 2008
9e Réunion du Forum d’experts sur la justice pénale
Dubrovnik (Croatie), 2-3 octobre 2008
Platform Coordinator / Coordinateur de la plate-forme |
|
Mrs Lidija VUGRINEC Head of National Focal Point and International Relations Office for Combating Narcotic Drugs Abuse Preobrazenska 4/II 10000 ZAGREB |
E Tel: +385 1 48 78 128 Fax: +385 1 48 78 120 |
Consultant / Consultante |
|
Mr Tim McSWEENEY Senior Research Fellow Institute for Criminal Policy Research King’s College London 26-29 Drury Lane LONDON WC2B 5RL |
E Tel: +44 (0)207 848 1757 Fax: +44 (0)207 848 1770 |
Speaker / Orateur |
|
Mr Johnny CONNOLLY Research Officer Drug Misuse Research Division Health Research Board Third Floor Knockmaun House 42-47 Lower Mount Street IRL- DUBLIN 2 |
E Tel: +353 16761176 Fax: +353 16618567 |
Belgium / Belgique |
|
Mr Freddy GAZAN Conseiller general adjoint a la politique criminelle Service Publique Federale Justice Service de la Politique Criminelle Avenue de la Porte de Hal 5 1060 Bruxellles BELGIQUE |
E Tel : 32 2 542 74 36 Fax : 32 2 542 7444 |
Bosnia and Herzegovina / Bosnie-Herzergovine |
|
Mrs Natalija MILOVANOVIC, MD, MA Senior Coordinator for the Development of Monitoring and Evaluation System in Health Ministry of Health and Social Welfare of Republic of Srpska Trg Republike Srpske 1 78 000 Banja Luka Bosnia and Herzegovina |
E Tel. +387 51 339 452 Fax. +387 51 339 652 |
Bulgary/Bulgarie |
|
Mr Emil GRASHNOV Lagera 37a BG – 1612 SOFIA |
E Tel: +359 88 750 82 04 Fax: +359 (2) 832 91 45 |
Croatia / Croatie |
|
Dr Ksenija BUTORAC Prisoners and Juveniles Treatment Department Head of Department Ministry of Justice Prison Administration Petrinjska 12 HR-10 000 ZAGREB |
E Tel: +385 (1) 4807 469 Fax: +385 (1) 4818 576 |
Mr. Tihomor KRALJ Head of Drugs Department, Ministry of the Interior Ilica 335 HR-10 000 ZAGREB |
E Tel: +385 13788 188 |
Mr. Zeljko PETKOVIC Detective Chief Police Inspector Drugs Department Ministry of the Interior Ilica 335 HR-10 000 ZAGREB |
E Tel: +385 1 3788 783 |
Cyprus/Chypre |
|
Mrs Theano MAVROMOUSTAKI Counsel Of The Republic Of Cyprus A’ Attorney General’s Office 1 Apelli Street Ayioi Omologites CYPRUS |
E Tel: 0035722889100 Fax: 00357722665080 |
Mr Theofanis GEORGIOU Police Officer Head of the international cooperation and EU office, drug and law enforcement unit – Cyprus police Cyprus Anti-drugs Council 15 Sofocleous Str., Aglantzia 2121 Nicosia CYPRUS |
E Tel.: +357 22 60 73 78 Fax: +357 22 60 73 77 |
France |
|
Mrs Sylvie VELLA Chargee de mission protection judiciaire de la jeunesse MILDT 7, rue Saint Georges 75009 Paris FRANCE |
F Tel: +33 1 44 63 20 54 Fax: +33 01 44 63 21 01 |
Greece / Grece |
|
Ms Mata MARKELLOU Legal Advisor of the Greek Organization against drugs (OKANA) 21 Averof Street 10433 Athens GREECE |
E Tel: 210 5200700 |
Lithuania/Lituanie |
|
Ms Marina GUSAUSKIENE Chief Expert of the Criminal Law Division of the Department of Criminal Justice Ministry of Justice of the Republic of Lithuania Gedimino ave 30/1 Vilnius LITHUANIA |
E Tel: +(85) 266.28.79 |
Mrs Irina DUBINIENE Police Department under the Minsitry of the Interior Criminal Police Board Activity Organization Unit Chief Specialist – Commissioner Saltoniskiu st. 19 VILNIUS LT-08105 |
E Tel: +370 (5) 271 99 71 Fax: +370 (5) 271 99 71 |
Norway / Norvege |
|
Mr Rune FJELD Senior Adviser – Ministry of Justice and Police Correction Services Department P.O Box 8005 Dep NO 0030 OSLO Norway |
E Tel: +47 22 24 55 64 Fax: +47 22 24 55 90 |
Mr Lars MELING Senior Adviser - Ministry of Justice and Police Correction Services Department PO Box 8005 Dep 0030 OSLO Norway |
E Tel: +47 22 245 313 Fax: +47 22 249 530 |
Poland / Pologne |
|
Mr Krzysztof WILAMOWSKI Lawyer Helsinki Foundation for Human Rights 11 Zgoda St. 00-018 Warsaw POLAND |
E Tel : +48 606 744 015 Fax: +48 12 645 64 71 |
Romania / Roumanie |
|
Miss Paula Stefania FRUSINOIU Adviser to the President of Romanian National Anti-Drug Agency 37 Unirii Boulevard A4 Ground Floor 3rd District 030823 BUCHAREST ROMANIA |
ETel: +40 21 318 44 00 Fax: +40 21 316 67 27 |
San Marino |
|
Prof Sebastiano BASTIANELLI Director UOC Salute Mentale Via La Toscana 1 47893 CAILUNGO SAN MARINO |
ETel: +39 335309946 Fax : +378 0549994736 |
United Kingdom / Royaume Uni |
|
Mr James MARMION Drugs Section International Directorate Home Office 5th Floor Fry 2 Marsham Street LONDON SW1P 4DF |
E Tel: +44 870 336 9070 Fax: +44 870 336 9070 |
EMCDDA |
|
Ms Margareta NILSON Head of unit EMCDDA Rua Cruz de Sta Apolónia, 23-25 1149-045 Lisboa PORTUGAL |
E Tel: +351-218113007 Fax:+351-213584440 |
Pompidou Group / Groupe Pompidou |
|
Mr Chris LUCKETT Executive Secretary |
E/F Tel: +33 3 88 41 21 93 |
Ms Eva KOPROLIN |
E/F Tel: +33 3 88 41 29.24 |
Ms Audrey TUMULTY |
E/F Tel: +33 3 88 41 35 61 |
Pompidou Group Council of Europe F – 67075 Strasbourg Cedex Web site: http://www.pompidou.int |
Fax: +33 3 88 41 27 85 |
Interpreters / Interprètes |
|
Mme Claudine PIERSON
|
|
Mme Claude JEAN-ALEXIS |
APPENDIX II
AGENDA
1. Opening of the meeting, adoption of the agenda and introduction of the objective of the meeting
Introduction of the participants
Information given by the Co-ordinator and the Secretariat
2. Activities on QCT and other alternatives to imprisonment with regard to
drug-dependent offenders
Discussion to be held together with the Ethics Platform members
- Presentation of the analysis of the replies to the QCT questionnaire by Tim McSweeney
- Presentation of successful national projects on alternatives to imprisonment by delegations
- Identification of legal problems in the application of QCT legal regulations: contribution from delegations
- Identification of ethical problems in the application of QCT: contributions from delegations.
3. Public awareness and perception with regard to QCT and other alternatives to
imprisonment
Discussion among delegations in view of defining a future activity on the subject
4. Recidivism
Presentation on findings of a recent Irish study in relation to existing international literature on recidivism by Johnny Connolly
Tour de table on national concepts of and approaches with regard to drug-related recidivism
5. Precursors
The Co-ordinator will inform the participants of the results of the preparatory meeting in view of defining the scope of the planned conference
6. Any other business
7. Date of the next meeting of the Criminal Justice Platform
APPENDIX III
CONFERENCE ON BACK-TRACKING, COLLECTION OF EVIDENCE, SANCTIONS AND PREVENTION IN THE AREA OF PRECURSOR TRAFFICKING
AGENDA
Wednesday 25 March 2009
14.00 |
Opening of the conference by ……… |
14.20 |
Introduction “Definition and the general context of trafficking in drug precursors – substances and narcotics concerned, diversion risks, rules and regulations” Presentation by Mr Cees J.W.M. Van Spierenburg, National Public Prosecutor for Synthetic Drugs & Precursors, (Netherlands) “How to address the problem of trafficking in drug precursors from INCB perspective” Presentation by Mr Rossen Popov, Chief Precursors Control Section, INCB (International Narcotics Control Board) “Prevention of diversion of drug precursors, mutual assistance and international cooperation” Presentation by………, OLAF (European Anti-Fraud Office) “The problem of drug precursor trafficking and joint operational activities in Europol framework” Presentation by ………….. , EUROPOL |
15.45 |
Coffee break |
16.15 |
The role of the chemical and pharmaceutical industry in preventing diversion of drug precursors: authorisation, monitoring of exports, implementation of guidelines and regulations, cooperation with national law enforcement agencies Presentation by Mr Karlheinz Schnaegelberger, Senior Director, EQ-E Export Control & Customs Regulation, CEFIC (European Chemical Industry Council) Presentations by representatives of the industry from Russia, Germany (…………….) Debate |
18.00 |
End of day |
Thursday 26 March 2009
9.30 |
"Legal possibilities to investigate the case of precursor trafficking, evidence collection and modalities to use the investigation results and the collected evidence for a) prevention of precursor trafficking in the future and b) the prosecution of the case" Presentation of 3 case studies from Portugal (by Mr Carlos Saraiva Gonçalves), Russia (by ………… and Turkey (by …………) Debate on the basis of a list of questions prepared by Mr Theo Krijger, (Netherlands) |
11.00 |
Coffee break |
11.30 |
Debate continued |
12.00 |
"The benefits of backtracking" Presentation by …………., (Netherlands) |
13.00 |
Lunch break |
14.30 |
Precursor shipments, controlled deliveries and backtracking investigations Presentations by: Mr René Karstens Investigating Officer, Federal Police, (Switzerland) and Mr Joe Kipp, Drug Enforcement Administration (USA), Bern (Switzerland) Mr Werner Verbruggen, GCP, Head Unit Operations - Central Drugs Unit, Belgian Federal Police, (Belgium) Portugal/France Debate |
15.45 |
Coffee break |
16.15 |
Chemical markers in drug precursors Presentation by ………, (Russia) |
17.00 |
Conclusions presented by the Rapporteur, Mr René Karstens Debate |
18.00 |
End of day |