Criminology 2016

INKWELLS
Despina Ferentinou
For the loss of my Parents

Incidents of Terrorism by non-state-groups:
“Terrorism Politics and Law”
Type A:Highly Ideological
Inspiration: Marxist –terrorist
groups in Western Europe- or
religious: Islamic Fundamentalism
Type B:Iinspired by Ideals of
National Independence : Examples
IRA/Basques/Kurds/Tamils
Type C: used by certain National
Liberation Groups, fighting in the
name of the Principle of Self-
Determination of people: SWAPO
Namibia/PLO /groups in Eritrea
fighting against central government
of Ethiopia.
Type D: Armed Bands and
movements that are fighting
oppressive regimes ;of the same
ethnic; religious and racial
background as the government they
oppose: fighting military
dictatorships in Latin America.
 The typology based on the Book of Antonio
Cassese: The Achille Lauro Affair: Polity Press
1989
 Causes, Contributory factors encouraging the
phenomenon
 SWAPO It has been the governing party in
Namibia since achieving independence in 1990.
In the General Election in November 2014, the
party won 86.73% of the popular vote and 77 out
of 96 seats.
 PLO founded in 1964 with the purpose of the
"liberation of Palestine" through armed
struggle. The PLO was considered by the
United States and Israel to be a terrorist
organization until the Madrid Conference in
1991.
 UN General Assembly Resolution 67/19 Date29
November 2012Meeting no.44th Plenary Code
A/RES/67/19 ( Document Subject Status of
Palestine in the United Nations Voting
summary
 138 voted for
9 voted against
41 abstained
5 absent Result Palestine accorded non -member
observer state status.
2Despina Ferentinou -London August 2016-

Type A: “High Ideological Inspiration”
 Marxist( based on strong
ideological impulse)
 France
 Italy
 Federal Republic of
Germany
 It has little in common
with the other category
of ideological
inspiration
 Religious such as
religious
fundamentalism
 Political and social roots
are different
 Their motives are not
mainly economic or
political

Type B: National Independence
 Inspired by ideas of
National Independence.
 One ethic group is
struggling to free itself from
another “dominant” group
and to acquire independent
status within the
international community.
 IRA in Northern Ireland
 The Basques
 The Kurds
 The Tamils
 Governments opposed by
these groups are not
necessarily authoritarian or
oppressive; in some cases
they are prepared to grant
some measure of autonomy
to the ethnic group in
question which uses
terrorism for complete
independence.

Type C: National Liberation Groups
 They are fighting in the name of
the principle of the self-
determination of peoples.
 The group using terrorism is
ethnically different from the ruling
group and is also struggling for
independence. The group being
subject to colonial or alien
domination falls squarely within
the accepted, United Nations
definition of “peoples” having
the right for self-determination.
 Activities of National Liberation
Movements per se were not
equated with terrorism.
 African National Congress in
South Africa
 The South West African People’s
Organisation ( SWAPO)in Namibia
 The Palestine Liberation
Organisation (PLO)
 Various Groups in Eritrea fighting
against the central government of
Ethiopia
 Autonomous Identity
 Stated in 1986 at the Security
Council that “the acts of violence by
freedom-fighters against their
oppressors and against the alien forces
of occupation should never be confused
with acts of terrorism”. ( PLO
Representative)

Type D: Armed Bands fighting Oppressive
Regimes
 They are of the same
ethnic, religious and
racial background as the
governments they
oppose.
Movements which often
resort to terrorism, that
are, fighting, or have
fought against military
dictatorships' in Latin
America

Type E? of Terrorism
?Protected or
encouraged or even
organised by states?
Libya
Iran: IMAGES
Financial /Logistic Support to
terrorist groups? Concrete proof?
Yet, In1980 case: capture and
detention of US diplomats as
hostages by Iran: The ICJ held that
Iran as an international subject, had
kept the American diplomatic and
consular staff prisoners. Although at
first the state was merely responsible
for omitting to arrest the “students”
who had captured and detained the
Americans, later on it became more
deeply involved: the hostages’
gaolers acted as the official agents of
Iran. Thus, in certain circumstances,
some states have certainly been
found guilty of acts of terrorism ,just
like non-state armed groups that also
use terrorism.

 The Iran hostage crisis was a diplomatic crisis
between Iran and the US. 52 American diplomats
and citizens were held hostage for 444 days
(November 4, 1979, to January 20, 1981) after a group
of Iranian students belonging to the Muslim student
s who supported the Iranian revolution took over the
Iranian Embassy in Tehran .
 President Carter called the hostages "victims of
terrorism and anarchy“.
 The crisis reached a climax when, after failed efforts
to negotiate the hostages' release, the United States
military attempted a rescue operation using ships,
including the USS Nimitz and and USS Coral Sea ,
that were patrolling the waters near Iran.
 On April 24, 1980, the attempt, known as Operation
Eagle Claw , failed, resulting in the deaths of eight
American servicemen and one Iranian civilian, as
well as the destruction of two aircrafts.
 The hostages were formally released into United
States custody the day after the signing of the Algiers
Accords , just minutes after the new American
president, Ronald Reagan, was sworn into office.
 https://youtu.be/d9yH3huce08
“Iran Today - Iran's advancements after
Islamic Revolution Published on Feb 12, 2016
On February 11, 1979, the monarchy of the
US-backed Pahlavi regime in Iran was
overthrown after months of public unrest
and protest that led to the victory of the
Islamic Revolution.”
 https://youtu.be/pkRwOVi_K6s “Ian has
turned into great power in Middle East
Published on Nov 20, 2015Commander of
Iran’s Islamic Revolution Guards Corps,
Major General Mohammad Ali Jafari, says
the armed forces have foiled all attempts by
enemies to destabilize Iran since the Islamic
revolution.”
 https://youtu.be/ohHFx48ydWs” The New
Middle East published on Apr 1, 2015
i24news takes an in depth look at the Middle
East i24news is an international 24-hour
news and current affairs television channel
based in Jaffa Port.”
For more news teams
 http://www.i24news.tv/en/tv/replay/i24news
en/x4ocda4#/i24newsen/x4ocda4

CAUSES OF TERRORISM: CONTRIBUTING FACTORS –
CIRCUMSTANCES ENCOURAGED THE PHENOMENON
 The existence of harshly authoritarian structures within many states
 Social and economic inequalities among states
 The progressive fragmentation of the various centres of power in the international
community and the corresponding proliferation of poles of interest.
 The world finds it difficult to reach agreement as the international community has
split into many centres of power of varying size, each with a modicum of authority,
these centres tend to protect and aid private groups in other state communities,
because they share common ideological, political and religious roots.
 The inability of the international community in its organised forms to offer an
adequate “response” to requests for greater international justice, and to the need for
preventive mechanisms to defuse economic and social conflicts both at the national
and transnational level.
 The spread of utopian ideologies and adverse doctrines of Human Rights ? ( page
4)–strengthen groups that are oppressed encouraged them to feel that it is legitimate
to fight for their freedom, independence and self –determination. Group are
invariably lack the means to fight in a “conventional” way, they begin to conduct
their battle by way of terrorism.-

The International Community’s Response
 The exposure of Terrorism( Indicative: A Glance at Multilateral agreements )
 Judge A.D.Sofaer wrote in 1986 that any evaluation of states’ efforts to suppress
or regress the phenomenon of terrorism was bound to reach a “painful
conclusion”.
 Does the law leave political violence unregulated? Is the law ambivalent?
 1949 The ban of use of terrorism during wars between states, wars of national
liberation and civil wars: 4 Geneva Conventions + 2 Additional Protocols 1977
 1972 UN resolution on terrorism after the massacres at Lod airport in Israel, and
at the Olympic Games in Munich.
 The UK Prevention of Terrorism ( Temporary Provisions) Act 1984 provides in Section 14(1)
that “terrorism means the use of violence for political ends and includes any use of violence for the
purpose of putting the public or any section of the public in fear”.
 1985/ UN Security Council and General Assembly adopted by Consensus- unanimously a
number of important resolutions condemning terrorism.
 1987/Resolution condemning terrorism: opposing votes from the United States
and Israel- to the part of the resolution which proposed the convening of a
conference to agree on a definition of terrorism.
 1988: Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation ( it was drafted as a direct result of the Achile Lauro incident)
 Bilateral Treaties on extradition and cooperation between Judiciaries
Despina Ferentinou -London August 2016- 11

Means of Combating Terrorism
 A. Peaceful: International Treaties: Bi : Multilateral : Usually aimed at specific forms
of terrorism, (such as the taking of hostages, the hijacking of aircraft). They provide
for close international co operation as to the capture and imprisonment of the
criminals-trial and extradition.
 1937 Convention was a failure: It was signed by 24states-ratified by India only
 1970 The Hague Convention/The Hijacking of aircraft
 1971 The Montreal Convention/Terrorists attacks on “internationally protected
persons” : heads of state and government, foreign ministers
 1973 The New York Convention; The Taking of Hostages
 1977 European Convention on the Suppression of Terrorism
 1979 The New York Convention
 International Conventions on the humanitarian law of armed conflict that are
intended to ban the use of terrorism during wars between states.
 B. Armed Force to repress acts of terrorism by destroying terrorism bases and killing
the terrorists or prevent recurrence(extrema ratio)Rules concerning a “military
response” are part of general, customary international law and possess all the limits
that are characteristic of this category.

Article 51 of the UN Charter
 Nothing in the present Charter shall impair the inherent right of
individual or collective self-defence if an armed attack occurs against
a Member of the United Nations, until the Security Council has
taken measures necessary to maintain international peace and
security. Measures taken by Members in the exercise of this right of
self-defence shall be immediately reported to the Security Council
and shall not in any way affect the authority and responsibility of the
Security Council under the present Charter to take at any time such
action as it deems necessary in order to maintain or restore
international peace and security.
 http://www.nato.int/cps/en/natohq/official_texts_16937.htm
 http://www.un.org/en/charter-united-nations/index.html

Reference Material/Conventions
 The European Convention on the Suppression of Terrorism. Reference, ETS No. 090.
Opening of the treaty, Strasbourg, 27/01/1977
 https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/090
 http://www.supremecourt.ge/files/upload-file/pdf/act27.pdf
 International Convention against the taking of hostages. The Convention was adopted by
resolution 34/146 of the General Assembly of the United Nations dated 17 December 1979.
http://www.un.org/en/sc/ctc/docs/conventions/Conv5.pdf
 Convention for the suppression of unlawful acts against the safety of maritime navigation.
Concluded at Rome on. 10 March 1988
• http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/SUA-Treaties.aspx
• http://www.un.org/en/sc/ctcdocs/conventions/Conv8.pdf
• PROTOCOL OF 2005 TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE
SAFETY OF MARITIME NAVIGATION
https://www.unodc.org/tldb/en/2005_Protocol2Convention_Maritime%20Navigation.html
• http://www.loc.gov/rr/frd/Military_Law/pdf/Commentary_GC_Protocols.pdf
 http://www.redcross.org/images/MEDIA_CustomProductCatalog/m3640104_IHL_Summa
ryGenevaConv.pdf
 INTERNATIONAL LAWS: SECURITY COUNCIL COUNTER –TERRORISM
COMMITTEE http://www.un.org/en/sc/ctc/laws.html
 HTTP://EC.EUROPA.EU/DGS/HOME-AFFAIRS/WHAT-WE-DO/POLICIES/CRISIS-
AND-TERRORISM/INDEX_EN.HTM

Legal Principles in Conventions against terrorism and comments from critics
 Repression of Terrorism by individual contracting states within the limits imposed by the domestic legal
systems :Parties to the treaties seeks to coordinate the national coercive and judicial measures they adopt
in order to suppress terrorism
 All Multilateral Treaties accept the principle of aut judicare aut delene: the contracting state on whose
territory the author or alleged author, of a terrorist crime is found, must either try him or hand him over
to the other contracting party that requests extradition according to the treaty provisions.
 The treaties provide for universal jurisdiction: any contracting state has the power and duty to try a
terrorist who has sought refuge on the territory, even if he is not a national of that state and has not
injured its possessions or harmed its citizens.
 Criticism by Scholars ( lacuna –ambiguities)
 I)Number of states bound by the treaties?
 II) Effective enforcement mechanisms in case of violation?( peaceful sanctions can be authorised by the
International Community
 III)Except for the 1977 European Convention on Terrorism, these treaties normally do not specify that
terrorist crimes cannot be regarded as “political offenses” and as such exempt from extradition.
 On ”armed responses” , individuals may commit acts of terrorism abroad as legal or de facto state
agencies: state terrorism
 The state may choose not to act via its own agencies, but to employ “unofficial agents” or mercenaries”
that is armed bands that are organised equipped, commanded and controlled by the state.
 A state may provide financial aid or weapons to the terrorist
 The state may provide logistic support by for example by training terrorists within its national territory
 A state may back up terrorists in an active manner providing aid, arms, but in an inactive manner may
consent to their seeking refuge
 A group not receiving any help from any country may carry out attacks on vessels on the high seas or in
planes in international airspace

Justice –Ethics-Politics -The Polis
 Elenchus based on a deep democratic faith within a framework of philosophical politics in a legacy of
Western political thought-individualistic, liberal, open to all, in every political society needs to have the truth at
the minimum to allow to quest for truth about humanity and society restoring moral sanity- and the rule of law
,virtue, justice committed to rational argument accommodating the philosopher and polis (Socrates Plato’s
interlocutor)
 Happiness as an optimal satisfaction of real interests in the long term. Republic – the Kallipolis emerging
a community intended to provide optimal conditions for its members have their needs satisfied and
neither maltreated nor coerced nor the victim of false ideology. It is better for everyone to be ruled by
divine reason, preferably within own self and not imposed from without so all may be alike and friends,
governed by the same thing-the aim of the law –Just City-(Plato)
 Aristotle’s view of human nature as a “political animal”(Politics). Considers to be a characteristic of man
that he alone has any sense of “good and evil, of just and unjust”, man is by nature a moral or an ethical
being, for all human beings a natural life is a life of justice. To fulfil one’s potential as a human being is to
achieve the Nicomachean Ethics, reaching the stage of “eudaimonia” – a personal achievement of moral
self perfection in feelings of happiness and flourishing fulfilment of excellence due to the moral rules of
laws and principles of “political justice “ moral virtue- state of mind-virtue of ethics- rightness and
wrongness of our actions.- fairness is connected to “equality” proportional –those who are equal ought to
be treated equally if their circumstances are similar in some relevant respect-, unequal's ought to be treated
differently provided the difference in treatment is proportional to the inequality that exists between them
“arithmetical” equality that has application in those situations where people may assume that the persons
involved are as matter of fact equals and that their circumstances are a matter of fact relevantly similar-
justice requires strictly equal treatment and not just proportional.

The Achille Lauro case
 http://www.dailymail.co.uk/news/article-2805285/The-untold-story-
horrendous-murders-led-1985-Achille-Lauro-hijacking-terrorist-outrage-s-
opera-sparking-protests-America.html
 http://www.history.com/this-day-in-history/achille-lauro-hijacking-ends
 http://www.britannica.com/event/Achille-Lauro-hijacking
 https://youtu.be/wQUcGJjY-GI Uploaded on Oct 22, 2008
 The Achille Lauro was hijacked in the 1985 by a group of Palestinian
terrorist
 https://youtu.be/L-oUU4cu6T4 Uploaded on Oct 31, 2008 Part II XXXXX
 This ship was hijacked by a group of Palestinian terrorist
 https://youtu.be/_qEBbeTVSas Uploaded on Nov 3, 2011
 From 1990: Most of his scenes as General Davies in "Voyage of Terror: The
Achille Lauro Affair."
 https://youtu.be/-0_tEwabASw Voyage of Terror: The Achille Lauro Affair
(1990) Burt Lancaster, Eva Marie Saint, Renzo Montagnani film.

The Growing Role of the United Nations
 Long history of efforts to settle conflicts between member
nations.
 Before 1991 it was rare for either the Soviet Union or the
United States to provide any peacekeeping forces (1948-
1993 more than thirty missions to monitor cease –fire
agreements, observe national elections to make sure they were
fair, or to provide security for humanitarian operations).
 With the collapse of the Soviet Union and the end of the
cold war, the United Nations is no longer dominated by
the conflict between the United States and the Soviet
Union (the military effort in Kuwait was not opposed by
Russia).

VIENNA CONVENTION ON THE LAW OF THE TREATIES 1969
Observation and Application of Treaties
 Article 26: “Every treaty in force is binding upon the parties to it and
must be performed by them in good faith.”-Pacta sunt Servanta-
 Article 27: “ A party may not invoke the provisions of its internal law
as justification for its failure to perform a treaty. This rule is without
prejudice to Article 46”.
 Article 46- Validity of Treaties- “1. A state may not invoke the fact
that its consent to be bound by a treaty has been expressed in
violation of its internal law regarding competence to conclude
treaties as invalidating its consent unless that violation was manifest
and concerned a rule of its internal law of fundamental importance.
2. A violation is manifest it would be objectively evident to any State
conducting itself in the matter in accordance with normal practice
and in good faith”.

VIENNA CONVENTION ON THE LAW OF THE TREATIES
1969 Inconsistent Treaties
 Article 30” 1. Subject to Article 103 of the Charter of the United Nations, the rights and
obligations of State - parties to successive treaties relating to the same subject-matter shall be
determined in accordance with the following paragraphs. 2. When a treaty specifies that it
is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty,
the provisions of that other treaty prevail. 3.When all the parties to the earlier treaty are
parties also to the later treaty but the earlier treaty is not terminated or suspended in
operation under Article 59, the earlier treaty applies only to the extend that its provisions
are compatible with those of the later treaty.4. When the parties to the later treaty do not
include all the parties to the earlier one : a) as between State parties to both treaties the same rule
applies as in paragraph 3;(b) as between a state party to both treaties and a State party to only one of
the treaties, the treaty to which both States are parties governs their mutual rights and obligations. 5.
Paragraph 4 is without prejudice to Article 41 or any question of the termination or
suspension of the operation of a treaty under Article 60 or to any question of responsibility
which may arise for a State from the conclusion or application of a treaty the provisions of
which are incompatible with its obligations towards another State under another treaty.”
 Opinion of the Court : It is the duty of the Court to interpret the treaties , not to revise
them. The principles of interpretation expressed in the maxim: “Ut res magis valeat quam
pereat , often referred to as the rule of effectiveness, cannot justify the Court in attributing
to the provisions of settlement of disputes of the Peace Treaties a meaning which, as stated
above, would be contrary to their letter and spirit.

 On 23 November 2015, the Government published the National Security Strategy and Strategic Defence
and Security Review 2015 (NSS-SDSR).
 “From the rise of ISIL and greater instability in the Middle East, to the crisis in Ukraine, the threat of cyber-attacks
and the risk of pandemics, the world is more dangerous and uncertain today than five years ago.”
 “Tackle terrorism head-on at home and abroad in a tough and comprehensive way, counter extremism and challenge
the poisonous ideologies that feed it. We will remain a world leader in cyber security. We will deter state-based
threats. We will respond to crises rapidly and effectively and build resilience at home and abroad.
 Help strengthen the rules-based international order and its institutions, encouraging reform to enable further
participation of growing powers. We will work with our partners to reduce conflict, and to promote stability, good
governance and human rights.
 Promote our prosperity, expanding our economic relationship with growing powers such as India and China, helping
to build global prosperity, investing in innovation and skills, and supporting UK defence and security exports.”
 “At its heart is a decision to refocus half of DFID’s budget on supporting fragile and broken states and regions in
every year of this Parliament. This will help to prevent conflict, and, crucially, it will help to promote the golden
thread of conditions that drive prosperity all across the world: the rule of law, good governance, and the growth of
democracy. The conflict, stability and security fund will grow to over £1.3 billion a year by the end of this
Parliament, and we will also create a new £1.3 billion prosperity fund to drive forward our aim of promoting global
prosperity and good governance.”
 National Security Strategy and Strategic Defence and Security Review 2015
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/478933/52309_Cm_9161_
NSS_SD_Review_web_only.pdf
United Kingdom’s Role in Supporting International Security and
Stability file:///C:/Users/Guest/Downloads/LLN-2015-0046%20(1).pdf
House of Lords Library Notes

Criminal Investigations –Forensic matters
file:///C:/Users/Guest/Downloads/POST-PN-0509.pdf
 Forensic linguistics and phonetics are sciences that examine text and speech. They
have applications in criminal, civil and asylum legal proceedings, and in the private
sector (for example, in verifying identity).
 Forensic linguistics and phonetics are used in criminal investigations, counter-
terrorism, intelligence and surveillance. Some forms of forensic linguistic and
phonetic evidence are routinely used in criminal courts. There are guidelines on who
can provide expert evidence; however, expertise is not statutorily regulated.
 The Expert Witness The Ministry of Justice’s Criminal Procedure Rules46 and
Criminal Practice Directions47 specify who can act as an expert witness and what can
be admitted as expert evidence. The CPS also provides guidance for experts and on
expert evidence. 48,49 Its guiding principles50 are in line with those set down by the
Forensic Science Regulator. Admissibility is determined by common law: 51 R v
Turner [1975] set the precedent that expert evidence must be ‘outside of the
experience of a judge or jury’.52 In 2011, the Law Commission reviewed the use of
expert evidence and recommended standardisation but this was not taken up by
Government.
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/3976
94/FSR_Legal_Obligations_-_Issue_3.pdf

Investigatory Powers Bill Number 7518, 11 March 2016
file:///C:/Users/Guest/Downloads/CBP-7518.pdf
 Legislative framework The Regulation of Investigatory Powers Act 2000 The Regulation of
Investigatory Powers Act 2000 (RIPA) contains much of the existing legal framework governing
the powers of the security and intelligence agencies and law enforcement agencies to intercept
communications in order to access their content, and to acquire communications data. The Act
provides for a scheme of warrants and oversight which was intended to be comprehensive and
compliant with the European Convention on Human Rights (ECHR).
 The Investigatory Powers Bill would overhaul the framework governing the use of surveillance by
the intelligence and security agencies and law enforcement to obtain the content of
communications and communications data. It follows three important reports published in 2015,
all of which concluded that the law in this area is unfit for purpose and in need of reform, and a
draft Bill that has been subjected to pre-legislative scrutiny by three parliamentary committees.
 7.1 What does the Bill do? Chapter 1: Bulk interception warrants Clauses 119-137 deal with bulk
interception warrants. Bulk interception warrants would allow for the collection of a volume of
communications of persons who are outside the British Islands.94 This would be followed by the
selection of specific communications to be read, looked at or listened to. Warrants would only be
available where the main purpose was to obtain overseas related communications or secondary
data on specific grounds, one of which must be national security. Warrants could only be applied
for by or on behalf of the heads of the intelligence services and must be issued personally by the
Secretary of State, subject to the approval of a Judicial Commissioner. Warrants should specify the
operational purposes for which any content or secondary data obtained would be selected for
examination.

Investigatory Powers Bill: Committee Stage Report
House of Commons Library Number 7578, 2 June 2016 By
Joanna Dawson
 The Investigatory Powers Bill was introduced on 1 March 2016 and received its second reading on
15 March. There were sixteen sittings of the Public Bill Committee, including two evidence
sessions. The Bill was due to have its report stage on 6 June 2016.
 http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7578
 Extraterritorial application Clause 76 would provide for the extraterritorial application of Part 3
of the Bill, meaning that authorisations for access to communications data may relate to CSPs
operating outside of the UK. Labour tabled amendments which were intended to address concerns
raised by technology companies. These would have made it clear that a CSP would not be
required to comply with a notice where doing so would be contrary to the laws of the jurisdiction
in which it was established. There would also be a presumption in favour of using a mutual legal
assistance treaty where this was feasible.64 Keir Starmer explained that the amendments reflected
concern on the part of CSPs that under the Bill they will be required to cooperate with warrants
and therefore would like clarity as to how the procedure will operate and what they will be
expected to do where there is a conflict of laws.65 They were intended to foreshadow future
working arrangements with other jurisdictions, plans for which, the Government have indicated,
are progressing following work undertaken by Sir Nigel Sheinwald, the Prime Minister’s Special
Envoy on Intelligence and Law Enforcement Data Sharing.

Counter-extremism policy UK
Number 7238, 19 May 2016
 Counter-extremism policy has evolved over the past few years with an increasing focus on
addressing non-violent extremism. Recent policy announcements and a forthcoming Bill indicate
that the Government remains determined to confront both violent and non-violent forms of
extremism in its fight against terrorism.
 7. Queen’s Speech 2016 The Extremism Bill announced in the A Counter-Extremism and
Safeguarding Bill was announced in the Queen’s Speech on 18 May 2016. The Cabinet Office
briefing explained that it would contain the following measures:
 • The introduction of a new civil order regime to restrict extremist activity, following
consultation.
 • Safeguarding children from extremist adults, by taking powers to intervene in intensive
unregulated education settings which teach hate and drive communities apart and through
stronger powers for the Disclosure and Barring Service.
 • We will also close loopholes so that Ofcom can continue to protect consumers who watch
internet-streamed television content from outside the EU on Free view.
 • We will consult on powers to enable government to intervene where councils fail to tackle
extremism.
 • The Government will consider the need for further legislative measures following Louise Casey’s
review into integration in those communities most separated from the mainstream.

EU- Funded Security Research Projects
 CLOSEYE project introduction
 http://ec.europa.eu/dgs/home-affairs/e-library/multimedia/videos/index_en.htm#0801262490b69deb/c_
 The CONTAIN project organised its last demonstration and final event in partnership with Consorzio IB
Innovation in Bologna on March 5-6 http://ec.europa.eu/dgs/home-affairs/e-
library/multimedia/videos/index_en.htm#0801262490b6c32a/c_
 PERSEUS Glider Workshop http://ec.europa.eu/dgs/home-affairs/e-
library/multimedia/videos/index_en.htm#0801262490b6c32d/c_
 The CEPOL European Police Exchange Programme enables police officers from one Member State to gain a better
understanding of policing practices in other Member States through bilateral exchanges and study visits. The
programme builds trust and knowledge on both a personal and organisational level. In 2012, 292 police officers
took place in an exchange.
 European Commission adopts the European Agenda on Security http://ec.europa.eu/dgs/home-affairs/e-
library/multimedia/videos/index_en.htm#080126248f3c0f36/c_
 Testimonies of experts from EU agencies working in the hotspots in Greece http://ec.europa.eu/dgs/home-
affairs/e-library/multimedia/videos/index_en.htm#0801262493057e9d/c_
 As part of the action to assist frontline Member States which face disproportionate migratory pressures at the EU’s
external borders, in the European Agenda on Migration presented in May 2015, the European Commission
proposed to develop a new Hotspot approach. EASO, Frontex, Europol and Eurojust work on the ground with
the authorities of the frontline Member State to help to fulfil their obligations under EU law and swiftly
identify, register and fingerprint incoming migrants. The Hotspot approach has contributed to the
implementation of the temporary relocation schemes proposed by the European Commission on 27 May and 9
September 2015. Italy and Greece were the first two Members States where this Hotspot approach was
implemented. The operational support provided under the Hotspot approach concentrates on registration,
identification, fingerprinting and debriefing of asylum seekers, as well as return operations.
 Europe's open border dilemma
 "On the front line" - a programme by the Euronews channel. This time on the subject of how the
Schengen area is under pressure. http://ec.europa.eu/dgs/home-affairs/e-
library/multimedia/videos/index_en.htm#080126248f9d9a63/c_
 http://www.euronews.com/2016/06/10/kurdish-militants-claim-istanbul-blast-and-warn-tourists-turkey-is-not-
safe/ Kurdish militants claim Istanbul blast and warn tourist Turkey is not safe

Development of a European Crime Report Improving safety and justice with
existing crime and criminal justice data Priscillia Hunt, Beau Kilmer, Jennifer
Rubinhttp://ec.europa.eu/dgs/home-
affairs/doc_centre/crime/docs/final_for_website_2tr936-color-ec.pdf
 Von Hofer (2000) identified three main areas that need to be
addressed in understanding difficulties in comparing crime
statistics within a country over time and across countries:
 • statistical factors; the way in which crime statistics are
developed
 • legal factors; inter alia the way the crime itself is defined in the
relevant legislation, and various related aspects of the judicial
process
 • substantive factors; the actual level of crime and the reporting
and recording predilection of each country.

European Crime Report (p.25) Praised Initiatives
 2.7.1 National Initiatives There are many data initiatives ongoing throughout the EU.
They provide examples of some activities from two Member States that produce a
variety of reports or use statistics outside the usual channels. They provide
information on the reports generated by every Member State in the next chapter. In
France statistics are made available monthly by the Ministry of Interior. As
discussed earlier, a non-governmental body, the Institute National des Hautes
Etudes de la Sécurité and de la Justice, is the lead body publishing information on
the activities of the police and national security police (gendarmerie). This bulletin
includes statistics and analysis of trends and new efforts are continuously being made.
In the UK there have been efforts outside the CCJ system to provide information to
support CCJ. For example, Jonathan Sheppard, a maxillofacial surgeon, noticed a high
incidence of violent (criminal) facial wounds, which had not been reported to police.
Seeking to address the high rates of violent wounding he began gathering two
additional bits of data at intake interviews to the emergency ward at the hospital in
Cardiff where he worked: where the event occurred and whether a weapon was
involved. He passed on this information, in an anonym zed form, to police. As a result
police could proactively identify violence hotspots and thus where they should focus
preventive policing attention. They did so and were able to reduce violent crime by 40
percent. This is an excellent example of where an individual outside the criminal
justice system noticed a source of data that was informative for understanding crime
and could thereby inform policing (Shepherd and Brennan, 2008).

Reports of crime initiatives: MS(p.30)
 2.7.3 EU Level Initiatives DG HOME has established a number of area
subgroups of experts to examine the development of indicators on specific
crime types, such as money laundering, human trafficking, criminal justice,
police cooperation and cyber crime.
 Member State Report Frequency Graphs? Belgium Justice in Figures Annual Y Bulgaria Crime
Trends in Bulgaria 2000–2005 Unscheduled, irregular Y Czech Republic Crime in [year]
Unscheduled, irregular Y Denmark Crime Level in Municipalities and Police Districts Unclear Y
Germany • Crime Situation Report • Crime and Crime Control Unscheduled, irregular Y Estonia
Crime in Estonia [year] Annual Y Ireland Crime in Ireland: Trends and Patterns, 1950 to 1998.
Unscheduled, irregular Y Greece n/a Spain Statistical Yearbook of the Ministry of Interior [year]
Annual Y France Monthly and annual bulletin Monthly, annual Y Italy Annual Report on
Organised Crime Annual Y Cyprus Criminal statistics Annual Y Latvia [year] Annual Report
Annual Y Lithuania Information on Police Activity during [year] Unclear Y Luxembourg Crime
and Victimisation in Luxembourg Unclear Y Hungary National Strategy for Community Crime
Prevention Unclear Y Malta n/a37 Netherlands Crime and Justice [year] Annual Y Austria
Security Report Unclear N Poland Crime Atlas Unscheduled, irregular Y Portugal Intelligence
Report [year] Annual Y Romania Evaluation Activities Conducted by the Ministry of
Administration and Interior in the year [year] Annual Y Slovenia Annual Crime Report Annual Y
Slovakia Crime Prevention Strategy in the Slovak Republic for the years 2007–2010 Unscheduled,
irregular Y Finland Crime and Criminal Justice in Finland Annual Y Sweden Swedish Crime
Survey Annual Y United Kingdom Crime in England and Wales Annual Y

15th Annual Conference of the European Society of Criminology
Criminology as unitas multiplex:
Theoretical, epistemological and methodological developments
http://www.esc-eurocrim.org/files/Eurocrim2015_Book_Of_Abstracts.pdf
 The dynamics of crime presented by UNDP (2007), contain a complex series of
motivations (internal) and causes (external) that stimulate the commitment a criminal
act. This crucial distinction between motivations and causes gives birth to two main
theoretical schools of thought in criminological studies: one that sees crime as a
personal election and another one that repairs on it as a product of multiple social
realities.
 The perspective of rational expectations, on one side, considers that behind
committing a crime there is an individual cost-benefit evaluation of getting involved
in illegal acts.
 On the other hand, the socio-pathological perspective considers that what compels
people to commit felonies is determined by their social interactions and the social
constructs of a particular environment. According to the rational choices approach –
generally recognized as the economy of crime (Becker, 1974) –, individuals weigh up
their psychological and economic rewards against their costs, whether these are
psychological, economic or ‘opportunity’ costs. Decision making can then be
economically reduced to a measure of possible gains against perceived costs: if the
pros weigh more than the cons, the criminal act is committed.

Strands of Thought of understanding crime
 In contrast, the ecological model of violence (Morales et. al, 2007 ; Bursik, 1988 ;
Bursik, Robert & Harold Grasmick, 1993) identifies a group of ‘risk factors’ that may
push someone – on an individual, relational, community or social level to commit a
crime in a specific context. Therefore, both violence and crime require a
multidisciplinary approach, since they don’t depend on one exclusive explanatory
factor.
 Individual Determinants of individual behaviour: biochemical, psychosomatic
factors, personality profiles. Demographic, socioeconomic characteristics: age,
income and educational level, drug use, etc. Relational Qualitative examination of
the individual’s interaction with their primary spheres of socialization: family, couple
and friends. Community Behavioural development on neighbourhood, school and
workplace’s relational circles. Influence of problems that usually affect communities:
high overcrowding and unemployment levels, easy access to drugs or weapons, etc.
Social Drug and weapon trafficking, social and economic inequality, public policies
effectiveness on most social areas (health, education, social security and public safety),
efficiency of legal and justice systems, cultural background and regulations, etc.

Prisoners & Prisons Images
 Full Sutton, in York and Frankland, in Durham, and an
additional prison, Long Lartin
 file:///C:/Users/Guest/Downloads/Porto_Farren.pdf
 On the effect of religion on crime Eurocrim 2015 Porto, Portugal 4.
September 2015
 http://www.prc.crim.cam.ac.uk/publications/trust-report
 ESRC Transforming Social Science Scheme Locating trust in a climate of
fear: religion, moral status, prisoner leadership, and risk in maximum
security prisons Alison Liebling, Ruth Armstrong, Richard Bramwell
and Ryan Williams1 Prisons Research Centre Institute of Criminology,
University of Cambridge Key Findings.
 The key findings are organised under 11 main headings: approaches to
risk management; staff-prisoner relationships; trust; social organisation;
prisoner leadership; political charge; faith; progress/moral identity
(enabling and disabling environments); identity and difference;
management and leadership ; and methods.

UK High Security Prisons (Indicative)
 Full Sutton Prison opened in 1987, as an purpose built maximum security prison for men. Over
the years, it has held some of the most difficult, violent and dangerous criminals in the country.
 In December 2005, an report by the Chief Inspector of Prisons stated that gangs inside the prison
were arranging "fight clubs" to pay off debts.
 In February 2006, the Independent Monitoring Boards Independent criticised Full Sutton for high
levels of drug use amongst prisoners. The board stated that illegal drugs were an "insidious
disease" inside the prison?
 On 22 February 2011, the convicted murderer Colin Hatch,
http://www.telegraph.co.uk/news/uknews/crime/8342738/Child-killer-Colin-Hatch-found-
murdered-in-prison.html who was jailed for the murder of 7-year-old Sean Williams in 1993, was
murdered in the prison. The killer was Damien Fowkes, an inmate who also attacked fellow child
killer Ian Huntley who survived. http://www.dailymail.co.uk/news/article-1360136/Crack-addict-
Damien-Fowkes-charged-prison-murder-child-sex-killer-Colin-Hatch.html
 Frankland was originally opened in 1980 with four wings each holding 108 in single cells. A
further two wings opened in 1998 to an open gallery design to hold an additional 206. A specialist
Dangerous and Severe Personality Disorder (DSPD) unit opened at the prison in May 2004.
 The prison has increased in size in recent years following major redevelopment work including the
construction of the new DSPD 'Westgate Unit‘. Frankland holds male prisoners who are over 21 years
old and whose sentence is four years or more, life sentences and high-risk remand prisoners.

HM Prison Durcham
 HM Prison Durham is a Victorian era local Category B men’s prison. It was built in
1819.
 Women prisoners were moved in 2005 due to overcrowding and suicides.
 In 1832, protests over working conditions in the south Shields workhouse were
supported by miner strikes. Soldiers were sent to evict striking miners from their
pubs. One miner was convicted of the murder of a local magistrate. He was hanged
amid heightened security of 50 mounted Hussars and 50 infantrymen to protect the
gallows. His body was gibbeted after death. On 17 December 1958, the final execution
took place when Private Brian Chandler (aged 20) was hanged for the murder of
Martha Dodd during the course of theft. Chandler was a soldier, based at Catterick
camp, who beat 83-year-old Dodd to death with a hammer.
 In 2001, Durham was a Category A prison for men and women. A 2014 report by HM
Inspectorate of Prisons found that a third of inmates tested positive for drug use, a
rate almost twice as high as would be expected in similar prisons. Rates of violence
were also higher than expected which indicated that monitoring should be improved.

http://www.justice.gov.uk/contacts/prison-finder/long-lartin/
http://www.justice.gov.uk/downloads/contacts/hmps/prison-
finder/prison-map.pdf
 Long Lartin Prison was opened as a Category C training prison in
1971, with additional security features and systems being added in
1972 to enable it to operate as a dispersal prison.
 In April 1990, inmates at Long Lartin Prison attempted a mass
breakout. The establishment was further upgraded between 1995-97
to a maximum security prison.
 In August 1998, the then Governor of Long Lartin, Jim Mullen
claimed that mentally ill inmates at the prison faced unacceptable
delays before being transferred to appropriate hospital
accommodation.
 Long Lartin Prison is a maximum security prison for sentenced adult
males, about a third of whom are Category A, with all inmates
serving a minimum sentence of four years. In addition the prison
holds Category A remand prisoners awaiting trial.

Inquests
http://www.legislation.gov.uk/ukpga/2009/25/contents
 In 2004 in England and Wales, there were 514,000 deaths of which 225,500 were
referred to the coroner. Of those, 115,800 resulted in post-mortem examinations and
there were 28,300 inquests, 570 with a jury.
 In 2014 the Royal College of Pathologists claimed that up to 10,000 deaths a year
recorded as being from natural causes should have been investigated by inquests.
They were particularly concerned about people whose death occurred as a result of
medical errors.
The coroner must hold an inquest where the death was:
 Violent or unnatural
 Sudden and of unknown cause
 In prison or police custody
The registrar must report a death where:
 The deceased was not attended by a doctor during their last illness
 The cause of death has not been certified by a doctor who saw the deceased after
death or within the 14 days before death
 The cause of death is unknown
 The registrar believes that the cause of death was unnatural, caused by violence,
neglect or abortion or occurred in suspicious circumstances
 Death occurred during surgery or while under anaesthetic
 The cause of death was an industrial disease

Coroners and Justice Act 2009
Section 59 Encouraging or assisting suicide (England and Wales)
(1)The Suicide Act 1961 (c. 60) is amended as follows.
(2)In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—
“(1)A person (“D”) commits an offence if—
(a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and
(b)D's act was intended to encourage or assist suicide or an attempt at suicide.
(1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.
(1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.
(1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a
term not exceeding 14 years.”
(3)In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed
suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused
guilty of the offence under subsection (1). ”
(4)After that section insert—
“2AActs capable of encouraging or assisting
(1)If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of
another person and D2 does that act, D is also to be treated for the purposes of this Act as having done it.
(2)Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of
this Act it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the
time of the act or had subsequent events happened in the manner D believed they would happen (or both).
(3)A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another
person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to
commit or attempt suicide.
2BCourse of conduct
A reference in this Act to an act includes a reference to a course of conduct, and a reference to doing an act is to be read
accordingly.”

The Journal of Criminal law, Criminology, and Police Science
Vol. 52 November-December 1961
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?artic
le=5047&context=jclc
 The author is Associate Professor of Sociology in the University of Pennsylvania, Philadelphia. He
is the author of Patterns in Criminal Homicide, for which he received the August Vollmer
Research Award last year, and is president of the Pennsylvania Prison Society. As a former
Guggenheim Fellow in Italy, Dr. Wolfgang collected material for an historical analysis of crime and
punishment in the Renaissance. Presently he is engaged in a basic research project entitled, "The
Measurement of Delinquency." Some fifty years have passed since the death of Cesare Lombroso,
and there are several important reasons why a re examination and evaluation of Lombroso's life
and contributions to criminology are now propitious. Lombroso's influence upon continental
criminology, which still lays significant emphasis upon biological influences, is marked. His work
has been rather widely discredited in the United States, however, and in this article Professor
Wolfgang assesses as the reason a misunderstanding of Lombroso's contributions. The author here
reviews Lombroso's life, his works, the modifications of his ideas as his studies progressed, and
the directions post-Lombrosian criminology has taken. Although Dr. Wolfgang is critical of the
"born criminal" conceptions of Lombroso, as well as of certain aspects of Lombroso's research
methods, he feels that Lombroso deserves recognition for redirecting emphasis from the crime to
the criminal, for his progressive ideas concerning punishment and correction, and for stimulating
new interest, controversy, and study in the field of criminology. -EDiOR.
 Homo sum; nihil humani alienum a me puto.-Terence "I am human, and nothing of that which is
human is alien to me."

Violence A Tale of Two Cities: Violent and Non Violent Neighbourhoods within Metropolitan Area of San
Salvador Violence Research and Development Project Violence Research and Development Project | Papers
Research Line Violent and Non-Violent Neighbourhoods A Tale of Two Cities: Violent and Non Violent
Neighbourhoods within the Metropolitan Area of San Salvador José Alberto Salguero Papers No. 5
http://www.uni-bielefeld.de/icvr/docs/salguero.pdf
 Abstract -José Alberto Salguero : The purpose of this research was to
explore how control measures work within a specific neighbourhood in
order to reduce the incidence of crime there. Two cases were selected
from the historical centres of San Salvador and Santa Tecla. The study
findings suggest that for social control measures by local residents to
succeed, certain conditions should be met, such as clear territorial
control, openness to citizen’s participation, and efforts to include gang
controlled communities in local socioeconomic life, rather than choosing
direct confrontation with law-enforcement agents.
 Despite a decline in homicide rates during 2012, El Salvador is still one
of the top 10 countries with homicidal epidemics in the world (UNODC,
2013). El Salvador’s homicide rate per 100,000 people in 2012 was 41.2
according to Fundaungo (2013).
 With the Peace Agreement of 1992, El Salvador ended a period of civil
war that lasted 10 years and a new political model was established based
on democratic principles.

Comparing Criminality in Neighbourhoods
 The study compared a violent (Centenario) and a relatively non-violent (San Martín) urban
neighbourhood in the Metropolitan Area of San Salvador (AMSS) were compared.
 These cases had similar social contexts with contrasting criminal outcomes. Fieldwork consisted of
34 semi-structured interviews with local residents, with questions regarding: historical changes,
security perceptions, experiences of victimization, the most influential people in the
neighbourhood, attitudes to violence and measures designed to prevent and repress violence.
 The results suggested that local control initiatives played a key role in crime reduction over time
inside the studied neighbourhoods; since, as the theory predicted, the place that had more positive
control measures also had the lowest levels of crime.
 More importantly, the way that these measures were brought to bear suggested that success is not
only a question of a particular initiative executed by a given actor, but rather the level of
embedding achieved by that measure in a specific context.
 The main findings were that this level of embedding – and later success in controlling violence –
for the Salvadoran cases depends in three key factors (TPI): Territory ( improving public spaces,
territorial control), People (empowering the public and awareness) and Inclusion (widening the access to
social benefits and increasing dialogue with perceived “excluded/marginal” groups).
 None of these factors is a sufficient condition for social mechanisms to control or reduce crime, but
they are in fact the strategic elements than, when combined, seem to create a virtuous cycle of
preventing violence in Salvadoran neighbourhoods.

National Public Strategies on Crime Control
 1999 – 2004 Plan Mano Dura -Reduce criminal rates through the open persecution and eradication
of gang members. -Recover lost territories from gang control. -Add Militia members to Police
patrolling and crime fight activities. -Apprehend all gang leaders to disarticulate gang structures. -
Reinforce legal system on punitive measures for minor offenders?
 2004-2009 Plan Súper Mano Dura Reinforce general objectives established by Plan Mano Dura and
provide further resources to crime fight institutions. Plan Mano Amiga / Mano Extendida A
complement to Plan Super Mano Dura focused in processes of rehabilitation and social reinsertion
for imprisoned gang members and other criminal offenders.
 2009-2014 Política Nacional de Justicia, Seguridad Pública y Convivencia & Estrategia Nacional de
Prevención de Violencia Guidelines for a new strategy based on Social Prevention of Violence
mixed with crime repression and punishment; attending in the legal and institutional reforms
needed for it. Strengthening and depuration of institutions that work in crime control and
repression. General framework to support measures that promote social cohesion and community
participation within municipalities.
 Gang Truce? Allegedly the government never officially participated in any discussion with gang
leaders. Nevertheless this particular measure consisted in the cease of fire between the two major
gangs in El Salvador, 18th Street gang and Mara Salvatrucha gang.

Municipal Public Strategies on Crime Control (2005---)
 2005 (ongoing) Política Municipal de Convivenciay Seguridad Ciudadana en Santa
Tecla Specifically designed for the municipality of Santa Tecla. It constituted a policy
plan of social prevention for violence and crime based on the strengthening of local
institutions, inter-institutional articulation of efforts, empowerment and promotion of
citizen’s participation in local decisions, social cohesion campaigns alongside cultural
and recreational activities to build social capital, public space recovery and
reorganization.
 2008 (ongoing) Política Metropolitana de prevención de la violencia en el Área
Metropolitana de San Salvador. Policy for the 14 municipalities within the
Metropolitan Area of San Salvador (AMSS). It constituted an effort to: 1) Promote
community cohesion and peaceful coexistence between citizens. 2) Promote cultural
norms based on tolerance, solidarity and mutual respect. 3) Strengthen coordination
and cooperation between civil society members, public, international and private in
crime control and prevention measures. 4) Improve the municipalities’ logistic and
economic capacities for governance. 5) Improve resource administration to
potentiate preventing violence programs. Source: Conference’s participant’s elaboration
based on official documents made available by AMUPRE

http://www.esc-eurocrim.org/files/Eurocrim2015_Book_Of_Abstracts.pdf
http://www.esc-eurocrim.org/conferences.shtml
http://www.esc-eurocrim.org/files/eurocrim-2015-final-program.pdf
 0909 - ORGANIZED CRIME AND EXPLOITATION OF MIGRANTS IN EUROPE
Arije Antinori (Italy) 1 - CRI.ME LAB "SAPIENZA" University of Rome (Italy)
Eurocrim 2015, Porto, The speaker illustrated, from an integrated criminological and
sociological perspective, the map of Organized Crime groups operating in EU. He
focused on their organizational structure, sub-culture, criminal assets, illicit traffics
and modus operandi. This overview was thought to make it possible to understand
their strategy of power and “colonization” throughout Europe. The author set to
analyse the geopolitics of illegal immigration as changed during the last decade, the
migrants exploitation and the resulting role of migrants both as author and victim.
Therefore, he set to point out the dynamics of Trafficking in Human Beings ( T.H.B.).
It can be considered as one of the main criminal business in the Mediterranean area
involving not only Organized Crime groups but also mafias and terrorist groups.
During the last years, the spreading and “calcification” of the financial and
economic crisis has pauperize. People and weaken the relationship of trust between
EU Member States Governments and citizens, their recognized authority and power
to fight as one the evolution and increasing money and pseudo-political power of
Organized Crime phenomenon. In particular, mafias play a main role in exploitation
of migrants thanks to their own capability to control parts of the territory, infiltrate the
social and economic fabric, bribe functionaries to obtain permits and documents then
to create transcontinental money-laundering rings that reinforce their money power
and local/global consent.

Instituto Superior Bissaya Barreto Eurocrim 2015
 0908 - THE ROLE OF MIGRANTS IN COUNTERFEIT CRIME -
CRIMINALS OR VICTIMS? Silvia Esteves (Portugal) 1 - Instituto
Superior Bissaya Barreto Eurocrim 2015, Porto, Portugal 634
Nowadays counterfeiting is not an isolated occurrence, in a place
and time, and a nationality. It has become a transnational problem
because it occurs with so many nations, such that we cannot say that
only the citizens of some countries are responsible for counterfeiting.
For instance in Portugal recently were dismantled two networks of
counterfeiting. The first in April 2012, an organization was
dismantled and thousands of counterfeit items with high economic
value were recovered. After that, during the period between
December 2012 and December 2013, cooperation between the
Portuguese and Spanish authorities, resulted in the apprehension of
656,955 articles, from an identified network, who would have placed
the items on the Spanish and French markets. The products were the
subject of search warrants. (pp.633)

Metropolitan Police in Buenos Aires, Argentina: Survey Findings
 0892 - POLICE OFFICERS ON THE USE OF FORCE Nicole Haas
(Netherlands) 1 - Erasmus School of Law, Rotterdam It was reported that
there had been several cases of public outrage about the (excessive) use of
force by police against citizens. Police excessive use of force touches the
very core of the monopoly on violence, and can have detrimental effects on
public confidence in police. In order to gain a better understanding of police
use of force, it is important to understand police officers' own attitudes
toward the use of force. How do they feel about using force against citizens?
The presentation reported on a survey study that was conducted among 419
officers of the Metropolitana Police in Buenos Aires, Argentina. The study
assessed attitudes about the use of force, and (self-reported) actual use of
force. Officers were furthermore asked to evaluate a vignette about the use
of force. Some of the main explanatory variables that were included in the
survey were job satisfaction, victimization, feelings of insecurity, attitudes
toward citizens, and police force of origin. The presentation highlighted the
main findings, including whether police attitudes on the use of force can
predict their own (reported) use of force.

POLICE OFFICERS ON THE USE OF FORCE: Concluding Remarks
http://www.skogan.org/files/Haas_et_al.Explaining_Officer_Compliance_Procedural_Justice_Trust_Inside_Police_Org
anization.C_CJ_2015.pdf
 Their research indicates that internal procedural justice may enhance police
compliance with policies and regulations, which can have great benefits for the
organization as well as the public. Despite the mentioned challenges, police
management should try its utmost to implement elements of procedural justice in
their organization. If police officers are treated fairly by their supervisors and in turn
treat citizens in a procedurally just way as well, this is a promising way forward for
the police to enhance citizen cooperation and compliance. They can furthermore
expect that such a development, in countries like Argentina but also elsewhere, will
contribute to crime prevention and a more effective criminal justice system.
 The success of hierarchical top–down organizations depends, to a large extent, on the
willingness of lower ranking personnel to voluntarily obey instructions of supervisors
and implement policies developed by top managers (Gau and Gaines, 2012; Schafer,
2013).
 The extent to which law enforcement officials obey instructions and policies is of
permanent concern to police leaders as well as the community.
 Findings suggest that a procedural justice approach may be a successful route for
police managers and supervisors to increase officer compliance in general and to
enhance officers’ obedience to the rules on the use of force.

POLICE OFFICERS ON THE USE OF FORCE: Organizational
Justice and Reciprocative Behaviors
 Contemporary social exchange framework theories state that fair treatment encourages
employees to redefine their working relationship as one of social exchange, with beneficial
workplace behavior serving as an exchangeable resource (Colquitt et al., 2013; Cropanzano and
Rupp, 2008). These approaches consider trust as an aspect of social exchange quality that
mediates the relationship between organizational justice and reciprocative behaviors. They
define trust as positive expectations about the words, actions and decisions of a trustee (Colquitt
et al., 2013) and state that trust makes social exchange relationships more viable
 Workers’ trust in supervisors, in turn, was found to influence their willingness to accept
supervisors’ decisions. More recent research in commercial managerial settings confirmed that
employees’ perceptions of fair decision making and just interpersonal treatment determine their
trust in supervisors and management, and that trust in supervisors and management shapes
voluntary rule following and cooperation (Tyler, 2011).
 Excessive police force can be problematic for reasons beyond those related to other types of police
misconduct. Among other things it denies citizens of their right to “be free of unjust and
unwarranted government intrusion and restriction” (Micucci and Gomme, 2005: 488), makes
them fearful of the police, and increases their risks to be (fatally) injured.
 There are a few empirical studies on police attitudes toward the use of force. One is a telephone
survey conducted by Weisburd and Greenspan (2000) among a random nationwide sample of 925
police officers in the United States. The majority of the surveyed officers found it unacceptable to
use more force than is legally allowable, but almost a quarter of the sample did find such behavior
acceptable.

UK Independent Police Complaints Commission (IPCC)
 DEATHS AFTER POLICE CONTACT: OMISSION AS ACTION? David
Baker (United Kingdom) 1 - Coventry University According to the
Independent Police Complaints Commission (IPCC), during the period
2004- 2013 a total of 1261 people died after contact with the police in
England and Wales (IPCC 2014). This paper considered a dataset compiled
from the Coroner’s court in the form of 58 ‘narrative verdicts’ recorded in
these cases. Cases were investigated as inquisitions, in public, before juries.
The Coroner’s court is an atypical forum for legal examination in that it
cannot ascribe guilt or blame. Consequently, the content of the narrative
verdicts in these cases tend to be complex and detailed in terms of how an
individual met their death, and how this might have been avoided. The
paper examined how narrative verdicts often highlight the lack of action
from police or health care agencies in relation to these deaths. It also
examine what issues are highlighted by juries and how relevant omission
might be in relation to deaths after police contact. References Independent
Police Complaints Commission (2014) Deaths during or following police
contact: Statistics for England and Wales 2012/13. IPCC Research and
Statistics Series: Paper 26. -Eurocrim 2015, Porto, Portugal-p.622

Annual report on deaths during or following police contact in 2014/15
published
 Annual report on deaths during or following police contact in 2014/15
published Jul 23, 2015The Independent Police Complaints Commission
(IPCC) has published its annual report on deaths during or following police
contact in 2014/15.
 It shows: There were 17 deaths in or following police custody. This is an
increase from 11 last year (the lowest number since our recording began in
04/05), but is broadly in line with the average number of such deaths over
the last six years. This has remained at less than half the number recorded
when the IPCC was first set up.
 There was one fatal police shooting, the first in three years.
 There were 14 road traffic fatalities, continuing a downward trend,
particularly in relation to pursuit-related deaths, of which there were 7.
 There were 69 apparent suicides following custody, continuing the rise in
recent years, which may be related to improved identification and
reporting.
 The IPCC also investigated 41 other deaths following contact with the
police in a wide range of circumstances, including 26 people who died after
concerns were raised with the police about their safety or well-being.
 https://www.ipcc.gov.uk/news/annual-report-deaths-during-or-following-
police-contact-201415-published

Can and should a state apparatus diminish the faith of people?
 0919 - THE PROBLEM OF RISK, TRUST AND POLITICAL CHARGE IN HIGH
SECURITY PRISONS Alison Liebling (United Kingdom) - University of Cambridge
This paper outlines key findings from a 2 year project, 'Locating trust in a climate of
fear: religion, moral status, prisoner leadership, and risk in maximum security
prisons'. The project is pursuing a series of complex developments to have taken place
in high security prisons over a number of years, including the changing role of faith
identities, a transformed prisoner hierarchy, changing relationships, and increased
risks of radicalisation and extremism among prisoners. The study tested a number of
hypothesis: that some ‘intelligent trust’ generates constructive faith exploration or
‘spiritual capital’ and lowers the risk of violence; that higher levels of trust become
extended into staff groups and between departments as well as between all staff
groups and prisoners; that ‘failed state prisons’, paralysed by distrust, generate more
‘political charge’ and therefore more dangerous, power-laden faith identities, as well
as stagnation and ‘damage to well-being and] character; and that different types of
prisoners are esteemed, or rise to the top of the prisoner hierarchy, carrying influence,
in these different kinds of climates. The project explored what goes on in two main
high security prisons from the perspective of staff and prisoners, including where is
trust found and how it is built, and what it does to humanise and reduce the damage
done by long term prison sentences. The implications of the study extend beyond the
high security estate, into prisons in general and the community.

Alison Liebling, Ruth Armstrong, Richard Bramwell and Ryan Williams
Prisons Research Centre Institute of Criminology, University of Cambridge Key Findings.
 vii. Faith Most of the prisoners in the research identified themselves as members of a religious group. 47 of 60
of our interviewees at Full Sutton and 32 of 40 in Frankland identified 12 themselves as religious.16 Religion
facilitated personal transformation and growth and served to help prisoners to cope with the pains of
imprisonment. Religion could also facilitate conflict and violence under a variety of conditions. In the context of
concerns about radicalization, practicing Islam was high risk territory for prisoners and establishments. For
Muslim prisoners, practicing their faith could be risky because it could be misconstrued as an indicator of risk,
which had negative consequences on progression and quality of life. Failing to practice their faith could erode a
sense of self. Some Muslim prisoners practiced their faith covertly as a result. Others practiced their faith overtly
or defiantly. There were ‘risks’ associated with some forms of Muslim association (e.g. Muslims praying together
on their wing in their cells — no more than 3 prisoners were allowed at a time), books from the chaplaincy library
(e.g. the Miracle of the Spider), the emergence of powerful leaders or teachers on the wings. There was confusion
about what constituted ‘legitimate practice’ and what might constitute ‘risk’. Religion could facilitate
transformation and personal growth through meaning-making activities, including personal study, learning
Arabic, reading widely, teaching others, learning from others, sharing birthdays and other events through
communal meals, providing hope, stability and increasing quality of life on the wing, and allowing
selfefficacy/self-empowerment and self-expression. Religion filled a gap where there was a lack of meaningful and
purposeful activity. Most of the converts to Islam that we interviewed were making a deliberate choice and could
be accurately described as seekers. One interviewee said he converted because the food was better during
Ramadan, another said his decision was linked to the relatively low number of Black and mixed race prisoners in
the prison and the need to belong to a ‘constituency’, another found that after he explored Islam, it was challenging
to move away from it due to pressures from other prisoners. Religion could facilitate conflict and violence when
it was enfolded within a parochial moral code (for example, a code that drew sharp contrasts in the social
world: ‘F..king Kuffar’, that was intolerant of homosexuality, or felt that retribution was necessary when Islam was
insulted). Religion could facilitate conflict and violence when individuals had nothing to lose (e.g. very long
sentences with no obvious route out). Power dynamics, as a well as dominant norms about Islam held by the
‘powerful’, or those who chose to uphold ‘prison Islam’, could facilitate conflict and violence. Resistance,
polarization, political charge, marginalization, and fear could also contribute to conflict and violence. There were
dangers in misinterpreting faith expression and identity as risk.

http://www.justice.gov.uk/courts/prison-video-link
Prison video links
All prisons with video link facilities have at least one courtroom and two
briefing rooms where the defendant can hold a conference with their solicitor
before and, if required, after their court hearing.
If court hearings are not taking place it may be possible for solicitors,
barristers and Probation Officers to hold interviews with a defendant via
video link to save having to visit the prison.
The facility is also available to assist the Parole Board in dealing with the rise
in the number of oral hearings resulting from a House of Lords Judgment.
It should be noted however that court hearings must take priority. At other
times, operational reasons may mean bookings are refused or cancelled at
short notice.

MEP Monika Hohlmeier and Michèle Coninsx, President of Eurojust,
discuss how to prevent radicalisation and counter foreign fighters.
 http://www.europarltv.europa.eu/en/player.aspx?pid=6a4859d5-9342-4540-a228-
a5e901043b8b
 National policies adopted integrate diverse measures to counter the phenomenon of
foreign fighters and prevent radicalisation. The role of Eurojust is to support
cooperation between national prosecuting authorities. Considering the number of
victims of the last attacks in Paris and Brussels, what can Eurojust do? We asked
Michèle Coninsx, President of Eurojust, and German MEP Monika Hohlmeier.
It is indeed because of the victims that we are working so hard and that we are
focusing on the judicial dimension of the fight against terrorism. The rule of law
context and constitutional state context oblige us to fight terrorists taking the criminal
justice approach.Nobody can give a 100% guarantee. But there are certain holes in our data
exchange systems. There has been a kind of unwillingness over the years from the Member
States to really exchange data. But on the other hand, there is existing legislation that prohibits
data exchange.
 Monika Hohlmeier
 Group of the European People's Party (Christian Democrats)

Combatting terrorism: arming Europe's judicial response
05'00" 20/04/2016
 What should be improved? What is the added value of Eurojust? To make use of Eurojust at the
earliest stage possible. And even to make more use of the facilities offered by Eurojust: its
cooperation facilities, accelerated judicial cooperation a forum to operationally exchange
information in real time, the user coordination centres, and to join investigation teams Which I
call the Rolls Royce of mutual legal assistance. I think Member States are now seeing, and they
are under pressure, that they have to learn very quickly that cooperation must be improved.
And the exchange and justice support between States is sometimes very slow. So Eurojust is very
important for coordinating timely cooperation.
 Did the Paris and Brussels attacks change your approach to the problem? We have been
working on terrorism for years, since 11 March 2004, and we have built up a network of
devoted, operational, highly-specialised counter-terrorism prosecutors. And since 2013, we have
been focusing on foreign terrorist fighters. So we were already on top of identifying the
problem.
It didn't change my view. It shocked me that this is possible but it didn't change my view because
I trust the security institutions. But in my view, data protection is given a very high value in our
society and the security issue is very often dealt with as if it were a breach of data protection. No,
I think security institutions have to save our lives.

Combatting terrorism: arming Europe's judicial response
05'00" 20/04/2016
 The EU doesn't have a common definition for terrorism or criminalisation, is there a
need for a common legal framework? From a criminal point of view, this certainly is
reality, so we have to ensure that for a common problem we find a common
approach.
There are prosecution gaps when there isn't the same common legal framework.This is
one of the goals of the Terrorism Directive, for there to be a common basis of a common legal
framework. It's clear that criminal law is a Member State responsibility. But perhaps Eurojust
can fulfil one very important function, that of exchanging the most successful measures: is it
more successful to do it the way one Member State is doing, or is it more successful another
way?
 But which prosecution gaps are we talking about? Recruitment of solo actors was not
being tackled by some of the Member States.
We saw that training mainly referred to active training, not to passive training,
undergoing training. We also saw that membership in a terrorist organisation was
translated differently in different Member States. What is a person travelling with
terrorist intentions? What is a person getting organising and financing travel with
terrorist intentions? And what is a person returning back with terrorist intentions?The
first gap that we need to close is data exchange. There is a huge gap, Member States are still
not as quick as they should be.
We need a bit more confidence in our security institutions, they need backing.
 Group of the European People's Party (Christian Democrats)Transcript Transcript

Panorama of the combat against terrorism
05'32" 04/07/2016 I
 http://www.europarltv.europa.eu/en/player.aspx?pid=3c4a0d5d-a3b2-4d85-9ac9-a62700f22bec
 Ana Gomes It's also an ideological fight. A political fight.
 Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
 There are different databases on the European level, for fingerprinting, for the Schengen
Information System, but not all of them are properly linked and Europol does not have access to
all. And that's what we're trying, together with the Presidency, to put forward, and to make it clear
that there is a need for stronger interaction between the databases.
There is need to reduce the physical Caliphate to a minimum and suffocate the organisation but at
the same time reduce the virtual Caliphate. When somebody publishes propaganda on the internet
they can reach hundreds of thousands of people with just one click, this wasn't possible 15 years
ago. We have to counter this. From our position, we look into messages and content on Twitter,
Facebook and all media.
Violent content is banned not by legal authorities but the companies themselves. What we are
doing is making referrals, saying to Facebook and Twitter, 'there is a conflict with your own rules
with regard to publishing of violent content or hate preaching on such and such a website, please
have a look and decide yourselves.' That's what we are doing.
 What our governments have not done is to invest in the prevention of radicalisation.

05'32" 04/07/2016 II
 The goal of IS and of those terrorist networks is to kill as many people as possible.
 Monika Hohlmeie
 We have to suffocate Daesh with military strikes but also by cutting their
source of financing. The idea that the problem has been exported from Syria
is for me the wrong conclusion.
 In the Parliament, we are attempting to launch a European project to improve de-
radicalisation efforts, because it's a very important point in the agenda of preventing
terrorism.
We have to share information. It is true that Member States didn't share
information enough.
 Not being able to automatically compare data from countries from which
the persons are entering the EU and criminal data bases has had a huge
impact, for example in the Paris attacks, as all the Belgian suicide bombers
had been flagged. I am very confident that Europol will develop into the
best platform for exchanging data

05'32" 04/07/2016 III
 We're giving Europol more capabilities and encouragement to work as a
centre for interaction between the different national police and law
enforcement agencies for exchanging that information.
 Ana Gomes
 Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
 There are different databases on the European level, for fingerprinting, for the Schengen
Information System, but not all of them are properly linked and Europol does not have access to
all. And that's what we're trying, together with the Presidency, to put forward, and to make it clear
that there is a need for stronger interaction between the databases.
We need to reduce the physical Caliphate to a minimum and suffocate the organisation but at the
same time reduce the virtual Caliphate. When somebody publishes propaganda on the internet
they can reach hundreds of thousands of people with just one click, this wasn't possible 15 years
ago. We have to counter this. From our position, we look into messages and content on Twitter,
Facebook and all media.
Violent content is banned not by legal authorities but the companies themselves. What we are
doing is making referrals, saying to Facebook and Twitter, 'there is a conflict with your own rules
with regard to publishing of violent content or hate preaching on such and such a website, please
have a look and decide yourselves.' That's what we are doing.

05'32" 04/07/2016 IV
 The PNR will be a very useful instrument, it has proved to be so already in those Member States which have
it.
 There is a lot of appetite on the side of the security services and police to get access to PNR data. It
adds to completing the full intelligence picture we need to best protect citizens. It's not a panacea
but it is a tool that may be very useful in certain cases. We are well aware that once again a balance
must be reached, at political level the various decisions must be made. But in the Paris attacks, for
example, one person had been arrested in a state outside the EU and it took 3 days to determine
where he had left from.
The challenge of terrorism is a huge one. The challenge isn't a small unit with a few terrorists, this is a huge
network operating worldwide.
 There are multiple solutions, requiring a multi-disciplinary or 'holistic' approach. We are
improving the tools, not only regarding the legal definition of terrorism which is one item in the
draft Directive, but also systematic checks on EU citizens when they cross the EU external border,
something on firearms, which is also important, and on the transformation of Frontex into a
Border and Coast Guard system which also very much needed.

MEP Vicky Ford is confident Parliament's redrafted firearms directive
will protect law-abiding hunters and museums while preventing
terrorists access to guns.
 http://www.europarltv.europa.eu/en/player.aspx?pid=2a1329cc-9aaf-45bd-acb8-a63f0152d656
 The aim of the reboot of the Firearms Directive: closing loopholes in European gun laws that had
allowed terrorists involved in the attacks in the Charlie Hebdo offices to buy a gun legally and
convert it to a prohibited live firearm. But can the European Parliament steer the legislation in the
right direction? The author of the report, UK MEP from the European Conservatives, Vicky Ford
gave an interview. Ms Ford, was faced with the following question: Can you tell us, what is the
aim of this legislation? What is its real goal? In my view, in the Parliament the goal of this legislation
was to close the loophole that was exploited during the Paris attack. .. Interview Transcripts
So we have had common European gun law since the 1990s. There was a particular issue on what we call
acoustic weapons, which were these live firearms supposedly converted to only be able to fire blanks, but
then re-converted and used in those Charlie Hebdo attacks. Once they became a blank firearm they fell
outside EU law, you didn't need a permit. We have reinstated that so you will not be able to turn it into a
blank firearm and allow it to be outside the law, it will still be regulated. However, the purpose of the
amendments here was to clarify a lot of bad drafting and thus unintended consequences that had been
brought through by the Commission's original proposals.
So the... -You've been quite critical of the proposals. They drafted significant changes in their proposal that
came through in November which caused huge concern for how museums work, how traditional hunters and
sport shooters and even those doing military re-enactments could work. They came up with a new common
standard on deactivated firearms which is in many places technically just not feasible to do. But let's talk
through the actual types of guns that this will catch.
 Vicky Ford
 European Conservatives and Reformists Group

Parliament closes loopholes in gun control law
04'21" 14/07/2016
 The Commission will want to catch two types of semi-automatic weapons, the Kalashnikovs and these deactivated
guns, is that the case? The issue is not the deactivated guns, the issue was specifically on these converted into blank firearms.
On the semi-automatic firearms, again the Commission's text was terribly worded: it said 'anything that resembles or looks
like', so it could have even caught replicas or toy guns, it was very, very poorly drafted legal language. We have tightened that
up so that there will be specific controls on a semi-automatic that can fire over a certain number of rounds, and you will only
be able to use those if you are a registered target shooter who has taken part in competitions in a club or contest. So the target
shooters can use those but not the average individual.
So the legislation the EP has redrafted will now protect the rights of legal gun owners?
 We have spoken to them and they said that they are put through very stringent tests, so why should this legislation
catch them? -Tests may differ between countries, the tests will be there, as well as the restrictions as they have at the
moment, but they will not make it impossible for them to carry on with their sporting activities. The Commission's text in
many places would have done that, that's why I've been working with hunters, the people running museums, those running
the shooting competitions, to try and make sure that their activities can still carry on but under a stringent legal framework
that will bring into place some of the best practice across Europe and make sure that EU authorities can also share information
about what's going on.
The reboot of this legislation came about because of a terrorist incident.
 But is this legislation per se going to be able to tackle terrorism full on? Other work is needed on tackling terrorism.
This is ensuring that legal firearms can be legally owned across Europe. We have closed the loophole that was exploited by
terrorists in the legal laws. There needs to be separate work, that is not part of this Committee's work, looking at how tackle
illegal use of firearms and that is a different issue.
 Vicky Ford
 European Conservatives and Reformists Group
 Transcript

Criminology 2016

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