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Date: November 25, 2024 Mon
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10 results foundAuthor: Annison, Rachel Title: In the Dock: Examining the UK's Criminal Justice Response to Trafficking Summary: In the Dock is The Anti-Trafficking Monitoring Group’s (ATMG) third report. The ATMG continues its unique task of monitoring and evaluating the UK’s performance in implementing the Council of Europe Convention on Action against Trafficking in Human Beings and the EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims. This report examines the effectiveness of trafficking investigations and prosecutions through the UK Criminal Justice System (CJS) in terms of law, policy and practice. In particular, the report focuses on: • Obstacles that impede an effective criminal justice response to trafficking; • The UK’s ability to ensure its obligations to protect trafficked persons participating in criminal proceedings; • Adherence to the requirement not to criminalise trafficked persons; and • Presenting examples of good practice from within the UK and abroad wherever possible. The ATMG was pleased to find examples of localised good practice and outstanding work by the police, prosecutors and judges that led to trafficking convictions. We found that successful trafficking prosecutions are commonly linked to areas where specialism is developed within the police and other criminal justice actors, or where multi-agency and international partnerships were put into place. The research found that such examples were often the product of individual efforts, dedication and deeper understanding of the problem. Unfortunately, these excellent examples do not represent the situation overall in the UK, as the CJS is yet to develop an efficient response to trafficking that tackles this egregious crime as a priority. The ATMG concludes that the UK is at risk of losing the fight against human trafficking unless it urgently develops a systematic criminal justice response. In particular, the ATMG is concerned that: 1. Human trafficking is not a policing priority despite the Government’s commitment to make the UK a hostile environment for traffickers; 2. There is no unified law against human trafficking in the statute books, often leaving criminal justice actors uncertain about how to identify the crime and prosecute traffickers; 3. Despite the steady increase in the number of potential trafficked persons identified, the number of traffickers punished for trafficking offences has decreased; 4. In comparison, evidence suggests that many trafficked persons are prosecuted for crimes they were compelled to commit while their traffickers enjoy impunity; 5. The impact of trafficking on victims is often misunderstood by criminal justice actors, resulting in inappropriate responses that hamper the trafficked persons’ ability to act as a witness and may potentially cause them further harm. Details: London: Anti-Trafficking Monitoring Group, 2013. 162p. Source: Internet Resource: Accessed July 16, 2013 at: http://www.ecpat.org.uk/sites/default/files/in_the_dock_atmg_2013.pdf Year: 2013 Country: United Kingdom URL: http://www.ecpat.org.uk/sites/default/files/in_the_dock_atmg_2013.pdf Shelf Number: 129417 Keywords: Child TraffickingCriminal InvestigationCriminal ProsecutionHuman Trafficking (U.K.)Victims Services |
Author: International Federation for Human Rights (FIDH) Title: Colombia. The War is Measured in Litres of Blood Summary: Colombia has been enduring an internal armed conflict for fifty years. In the conflict members of insurgent groups (guerrillas) have clashed with the National Army and paramilitary groups. Under these conditions, serious human rights violations and international crimes have been committed. Since November 1, 2002, Colombia is party to the Rome Statute, setting up the International Criminal Court (ICC). According to the principle of complementarity established by that statute, Colombia is obliged to investigate and prosecute those responsible for the crimes considered therein, namely, genocide, crimes against humanity, and war crimes. The ICC went into operation in July 2002, when its Statute went into effect. Since ICC General Prosecutor took office in June, 2003 Colombia has been under "preliminary analysis", but this was made public only in 2006. The International Federation for Human Rights (FIDH) and one of its member organizations in Colombia, the Jose Alvear Restrepo Lawyers Collective (CAJAR), have been working in research, advocacy, and support for victims of international crimes before the ICC since 2005. According to article 15 of the Rome Statute, interested parties (victims, non-governmental organizations, etc.) may submit to the ICC Office of the Prosecutor statements indicating crimes within the Court's jurisdiction. The FIDH and the CAJAR have submitted twelve communications of this kind to the ICC Office of the Prosecutor since June 2005. During this period the FIDH and the CAJAR were engaged in dialogue with the ICC Office of the Prosecutor and they continue to do so. This communication and careful monitoring of the policy of the Prosecutor's Office with regard to the situations under preliminary analysis and particularly the situation in Colombia, has enabled the FIDH to monitor the evolution of the analysis carried out by the ICC Office of the Prosecutor. One of the observations that has emerged repeatedly during the dialogue between the FIDH and the ICC Office of the Prosecutor has been the need to identify the highest-level people responsible for the most serious crimes committed in Colombia which are under the jurisdiction of the ICC. It is appropriate to recall here that the ICC Office of the Prosecutor has made the investigation and prosecution of top commanders a key element of its policy. This is the context in which the FIDH transmitted this report to the ICC Office of the Prosecutor along with two confidential attachments which identify those most responsible. The preliminary analysis is governed by article 53, paragraph 1 of the ICC Statute. In accordance with this provision, the ICC Office of the Prosecutor carries out analysis in three stages and in the following order: first, it must be determined whether crimes within the competence of the ICC have been committed; second, an analysis of admissibility is carried out, including analysis of the gravity of the phenomenon and the test of complementarity; finally, it is determined whether an investigation is in the interests of justice in the particular case. Details: Paris: FIDH, 2012. 60p. Source: Internet Resource: Accessed June 16, 2014 at: http://www.fidh.org/IMG/pdf/rapp_colombie__juin_2012_anglais_def.pdf Year: 2012 Country: Colombia URL: Shelf Number: 132475 Keywords: Criminal ProsecutionExtrajudicial Executions (Colombia)GuerrillasHuman RightsParamilitary GroupsViolence |
Author: Ginkel, Bibi T. van Title: The role of the military in the prosecution of terrorism cases before civilian courts: Legal and practical challenges Summary: Notwithstanding the fact that civil authorities are usually involved in the investigation and prosecution of terrorist crimes, reality on the ground often leads to a different situation. Indeed, the military may be called upon to carry out law enforcement activities when embedded in situations characterised by conflict, high risk level of threat and/or a lack of local civil capacity. In this research paper, the role of the military when performing law enforcement activities in terms of collecting evidence and/or securing suspected terrorists is analysed. ICCT Research Fellows Dr. Bibi van Ginkel and Dr. Christophe Paulussen point out that past experiences, for instance from counter-piracy operations and evidence-based operations, may provide some guidance for future cases. Details: The Hague: International Centre for Counter-Terrorism, 2015. 23p. Source: Internet Resource: ICCT Research Paper: Accessed August 19, 2015 at: http://www.icct.nl/download/file/ICCT-Van-Ginkel-Paulussen-The-Role-Of-The-Military-In-Securing-Suspects-And-Evidence-In-The-Prosecution-Of-Terrorism-Cases-Before-Civilian-Courts.pdf Year: 2015 Country: International URL: http://www.icct.nl/download/file/ICCT-Van-Ginkel-Paulussen-The-Role-Of-The-Military-In-Securing-Suspects-And-Evidence-In-The-Prosecution-Of-Terrorism-Cases-Before-Civilian-Courts.pdf Shelf Number: 136491 Keywords: Counter-Terrorism Criminal Investigations Criminal ProsecutionTerrorist |
Author: Romero, Maybell Title: Profit-Driven Prosecution and the Competitive Bidding Process Summary: Prosecutors are the most powerful organs of the criminal justice system, enjoying discretion in decision-making far beyond that of law enforcement officials, defense attorneys, and judges. Perhaps due to this exceptional position, contemporary understandings and perceptions of criminal prosecutors have tended to be largely positive; evidence of such a normative understanding of the prosecutor and its role may be found from a variety of sources, from (other) law review articles to pop cultural touchstones in television and movies. The prevailing "prosecutorial norm" in the public consciousness embodies 1) a full-time government employee, 2) who devotes all of their time and professional energies to criminal prosecution, and 3) tries to somehow do or affect some vague notion of "justice." Such norms, however, are regularly challenged and flouted when the prosecutorial function is outsourced. While the outsourcing of nearly every function of the criminal adjudicative process has attracted great attention among scholars and policymakers, a greater critical lens must be focused on prosecutors. The hazards of prosecutorial outsourcing have largely been neglected because existing prosecutorial scholarship focuses on the United States Attorney or district attorneys' offices in large, metropolitan areas. Not all prosecutorial offices are created equal, however. Cities, towns, and other small political subdivisions throughout the country frequently hire prosecutors on a part-time basis through a competitive bidding process, releasing requests for proposals (RFPs) in an effort to procure bids. This practice, however, may be observed not only in small or rural municipalities, but also in cities located near larger population centers. Examples of such municipalities include Ferguson, Missouri, or Kyle, Texas. Such local governments often work with budgets that are not expansive enough to hire a full-time city attorney or prosecutor. Beyond demonstrating the qualifications the applicant attorneys or firms vying for a prosecution contract may have to serve as good prosecutors, applications from such applicants must also demonstrate cost effectiveness by detailing what budget and compensation is required during the term of service specified by the RFP. While engaging in a competitive bidding process may seem like a smart way to handle the problem of governmental waste and financial inefficiencies, it introduces a host of challenges and negative externalities. This Article sheds light on the problems caused by introducing an overtly economic calculation (how cheaply and how profitably the prosecutorial function may be fulfilled) into the criminal adjudicative process. This practice not only flouts American Bar Association and National District Attorney Association prosecutorial standards, but also undermines the prosecutorial norms described above in ways that are likely to destabilize confidence - and the social cohesion born of such confidence - in local criminal justice systems. This practice has the risk, however, of expanding beyond the reach of non-metropolitan jurisdictions to larger counties, cities, and local governments as budgets continue to shrink across the board and devolution and privatization continue to be advanced as cure-alls to economic woes. Details: Provo, UT: Brigham Young University - J. Reuben Clark Law School, 2016. 52p. Source: Internet Resource: BYU Law Research Paper No. 16-21 : Accessed August 30, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2820312 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2820312 Shelf Number: 140101 Keywords: Criminal ProcedureCriminal ProsecutionProsecutors |
Author: Tallon, Jennifer A. Title: The Intelligence-Driven Prosecution Model: A Case Study in the New York County District Attorney’s Office Summary: Designed and implemented by the New York County District Attorney's Office (DANY), the Intelligence-Driven Prosecution Model (IDPM) is a novel prosecutorial strategy rooted in the rigorous collection of background information about the people, places, and problems driving crime in specific neighborhoods. Through enhanced information gathering— including close coordination with local law enforcement and robust community outreach— the IDPM intends to facilitate improved prosecutorial decision-making. Though technologycentered intelligence collection concerning the specific people and places driving crime adds a unique dimension to data analysis, the model is better understood as a logical extension of earlier community prosecution initiatives dating back to the late 1980s and 1990s. With funding from the U.S. Bureau of Justice Assistance, this study aims to document how the IDPM operates, and explore the model's implementation and effects in New York County, known more widely as the borough of Manhattan. Study methods included intensive document review, interviews with key District Attorney's Office staff and community stakeholders, a quantitative survey of assistant district attorneys regarding their knowledge and use of intelligence gathered in connection with the model, and an impact analysis concerning the effects of the model on bail recommendations, charging, case disposition, and sentencing outcomes. Details: New York: Center for Court Innovation, 2016. 92p. Source: Internet Resource: Accessed February 21, 2017 at: http://www.courtinnovation.org/sites/default/files/documents/IDPM_Research_Report_FINAL.PDF Year: 2016 Country: United States URL: http://www.courtinnovation.org/sites/default/files/documents/IDPM_Research_Report_FINAL.PDF Shelf Number: 147377 Keywords: Community ProsecutionCriminal ProsecutionIntelligence-GatheringProsecution |
Author: United Nations Office on Drugs and Crime (UNODC) Title: Handbook on Effective Prosecution Responses to Violence against Women and Girls Summary: Violence against women and girls is a widespread and serious violation of human rights that has severe physical, psychological, emotional and social consequences. The process of bringing a complaint into the criminal justice system can be a difficult and traumatizing experience for many victims for different reasons. Gender bias and discrimination fuel myths around such violence which shape the criminal justice response to these crimes. Many victims never report their victimization or they have been filtered out of the criminal justice system, resulting in low charge and conviction rates. A victim’s decision to report gender-based violence and continue within the criminal justice system is one of the most important factors affecting the prosecution of cases. The way in which the criminal justice professionals initially respond to victims is critical in determining whether a victim chooses to participate in further legal action, or abandons it because she has experienced secondary victimization1 or harsh treatment by the criminal justice system. Prosecutors play a critical role in the criminal justice response to violence against women and girls. While prosecutors face different duties and tasks depending on their State’s legal system, they generally represent the authority of the State in bringing a criminal case against the accused perpetrator, ensuring the application of the law during the criminal proceedings. Prosecuting gender-based violent crime can be challenging. Often there are a number of evidentiary challenges, due to the private nature of the violence. The police investigation may be substandard. Victims may be uncooperative, and withdraw or recant their complaints. Judges or juries may employ gender bias or common myths surrounding violence against women and girls when examining the credibility of the victim and the facts of the case. The goals of prosecution are to protect the victims while holding perpetrators accountable for their actions, and communicate a strong message to the community that violence against women and girls will not be tolerated. The rule of law is undermined when impunity characterizes the criminal justice response to violence against women and girls. Prosecutors handling these cases have the difficult task of balancing the imperative of victim safety with their traditional goal of presenting the case for the State according to the rule of law and the attendant duty to ensure that a person accused of a crime receives a fair trial. In some situations, participating in a prosecution may endanger a woman’s physical or emotional well-being. Prosecutors should apply fair and consistent procedures and strengthen links and cooperation with other institutions and agencies to ensure victim safety and offender accountability. It is the prosecutor’s actions that ensure a credible criminal justice system for female victims of violence thereby contributing to their trust in the system. In December 2010, the United Nations General Assembly adopted the updated Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice2 which provide a comprehensive policy framework to assist States in developing responses and carrying out actions to eliminate violence against women and to promote equality between men and women within the criminal justice system. The updated Model Strategies and Practical Measures provide a series of broad recommendations for countries organized around the following themes: criminal law; criminal procedure; police, prosecutors and other criminal justice officials; sentencing and corrections; victim support and assistance; health and social services; training; research and evaluation; crime prevention measures; and international cooperation. Drawing upon the recommendations and guidance contained in the updated Model Strategies and Practical Measures, the United Nations Office on Drugs and Crime (UNODC), in cooperation with the Thailand Institute of Justice, has drafted this Handbook with a view to assisting prosecutors in their duty to uphold the rule of law, firmly protecting human rights and serving their community with impartiality and fairness in cases involving violence against women and girls. Recognizing that prosecutors work in different legal systems, this Handbook is meant to be a resource to build on for individual prosecutors and prosecution services. Given the sheer diversity of prosecution structures and approaches, the Handbook will restrict itself to covering the general prosecutorial powers and functions. This includes: (a) deciding whether or not to initiate or continue criminal proceedings in cases of violence against women and girls; (b) directing or supervising investigations; (c) dealing with victims; (d) presenting cases before the courts; (e) deciding on alternatives to prosecution; and (f) playing a role in sentencing. At the outset of the Handbook, it should be stressed that it includes information on aspects and requirements that may not fall within the role and functions of prosecutors in all national jurisdictions and legal systems, especially as regards interviewing and preparing the victim for trial, plea bargaining or the use of experts witnesses. The Handbook is divided into three parts. • Part One discusses current reflections, theories and research on violence against women and girls, the importance of the criminal justice response and some of the common misconceptions and myths surrounding sexual and gender-based violence. • Part Two focuses on the role of a prosecutor in cases involving violence against women and girls. This part covers dealing with victims, role in investigations and the relationship with police, the decision to prosecute, the selection of charges, pretrial considerations such as release pending trial and no contact orders, evidentiary issues, trial considerations, role in sentencing and post-conviction, and restorative justice concerns. • Part Three explores some of the institutional approaches that a prosecution agency can consider to ensure an effective response to violence against women and girls. Details: New York: UNODC, 2014. 192p. Source: Internet Resource: Criminal Justice Handbook Series: Accessed march 17, 2017 at: http://www.unodc.org/documents/justice-and-prison-reform/Handbook_on_effective_prosecution_responses_to_violence_against_women_and_girls.pdf Year: 2014 Country: International URL: http://www.unodc.org/documents/justice-and-prison-reform/Handbook_on_effective_prosecution_responses_to_violence_against_women_and_girls.pdf Shelf Number: 144489 Keywords: Criminal ProsecutionGender-Based Violence Violence Against Women, Girls |
Author: Schweppe, Jennifer Title: Lifecycle of a Hate Crime: Comparative Report Summary: The following work presents, in detail, the final report which analyses the findings of in-depth primary and secondary research conducted over two years tracing the Lifecycle of a Hate Crime in selected EU jurisdictions. The research was undertaken in five jurisdictions within the EU - the Czech Republic, England and Wales, Ireland, Latvia, and Sweden in which contrasting approaches to addressing hate crime are evident. This year marks the tenth anniversary of the adoption by the EU Council of the Framework Decision on Combating Certain Forms and Expressions of Racism and Xenophobia (2008/913/JHA). Article 4 of the Framework Decision provides that for offenses other than incitement to violence or hatred, "Member States shall take the necessary measures to ensure that racist and xenophobic motivation is considered an aggravating circumstance, or, alternatively that such motivation may be taken into consideration by the courts in the determination of the penalties". In some of the jurisdictions examined, the national legislative framework underpinning hate crime may be considered robust. In others, laws are more limited. Less clear is the practical application of these laws, of how and in what manner crimes with a hate or bias element come to be prosecuted, and whether and why they may be overlooked or downgraded to generic offenses. To provide greater understanding of the operational realities of the treatment of hate crime in the criminal justice process researchers gathered experiential accounts of these laws "in action" from criminal justice professionals including lawyers and judges. Research teams also sought to investigate and document both victims' and offenders' experiences of the criminal justice system in respect to hate crime. In doing so, the research aims to provide a more holistic understanding of the "lifecycle" of a hate crime, from reporting to prosecution to sentencing, in order to identify gaps and good practices in the application of laws. The findings set out here shed new light on measures to combat hate crime for a wide range of stakeholders, including police, policy makers, lawyers, judges, victim support services, and civil society organizations working with victims and offenders. This report presents a comparative analysis of the findings from the research in each of the five jurisdictions as set out in the jurisdictional reports for the Czech Republic, England and Wales, Ireland, Latvia and Sweden. In jurisdictions where this was deemed appropriate, reports were accompanied by the production of practical information for judges and prosecutors to guide and inform them on matters which should be considered in the prosecution and punishment of hate crime. Details: Dublin: ICCL, 2018. 164p. Source: Internet Resource: Accessed May 2, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Comparative-Report-FINAL.pdf Year: 2018 Country: Europe URL: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Comparative-Report-FINAL.pdf Shelf Number: 149976 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |
Author: Granstrom, Gorel Title: Lifecycle of a Hate Crime. Country Report for Sweden Summary: Measures against crimes motivated by bias have been defined as a priority issue in Sweden since the mid-1990s. The Swedish Government has stated that these crimes are seen as a violation of human rights and, as such, important to combat. "Effective measures against racism and hate crime contribute towards the objective of ensuring full respect for Sweden's international human rights obligations. Combating racism and similar forms of hostility prevents the risk of individual's rights being infringed." For legal actors in the Swedish judicial system, prioritising hate crime concerns increasing the number of prosecutions and convictions and also furthering measures aimed at improving the way in which victims of hate crime are treated when they come into contact with the judicial system. This has for example been discussed in the context of supervisory reports regarding both the work of the police and the work of the prosecutors. As an example, it can be mentioned that in October 2017 an annual increase of SEK 10 million (approximately 1 million EUR) was announced in the budget of the Police Authority to be directed to the special democracy and hate crimes units within the three largest cities in Sweden. This extra funding is intended to provide the means for strengthening the capacity of the units to investigate hate crimes, by providing them with more opportunity for education and training, and also for improving coordination of the work among them. The aim of this study is to investigate the application of criminal laws and sentencing provisions regarding bias-motivated crimes in Sweden. Our goal is to identify best practices with regard to the tools used to combat bias-motivated crimes by studying legal regulations and policy documents and comparing these with the experiences of the legal actors (judges, prosecutors and defense lawyers) of how this legal framework is applied in practice. This is a study that contrasts law in books with law in action, in that, by interviewing those working with hate crime legislation, we have attempted to discover what works and where there is room for improvement. In line with this, we also interviewed victims of bias-motivated crimes and offenders who have committed such crimes. The overall aim is to investigate both how these groups have been met by the judicial system and their opinions of these meetings. Details: Umea, Sweden: Umea University, 2017. 71p. Source: Internet Resource: Accessed May 2, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Sweden-English.pdf Year: 2017 Country: Sweden URL: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Sweden-English.pdf Shelf Number: 150026 Keywords: Bias-Motivated Crimes Criminal Prosecution DiscriminationHate Crime Prejudice |
Author: Haynes, Amanda Title: Lifecycle of a Hate Crime: Country Report for Ireland Summary: This research is the Irish report of a five jurisdiction study which seeks to understand the Lifecycle of a Hate Crime as it navigates through the criminal justice process. The other partners to the research are the Czech Republic, Latvia, Sweden, and England and Wales. The project adopted the definition of a hate crime as promulgated by the Organisation for Security and Co-operation in Europe (OSCE), that is: "... criminal acts committed with a bias motive. It is this motive that makes hate crimes different from other crimes. A hate crime is not one particular offence. It could be an act of intimidation, threats, property damage, assault, murder or any other criminal offence. The term "hate crime" or "bias crime", therefore, describes a type of crime, rather than a specific offence within a penal code. A person may commit a hate crime in a country where there is no specific criminal sanction on account of bias or prejudice. The term describes a concept, rather than a legal definition." The purpose of this research was to understand and explore the Lifecycle of a Hate Crime in the Irish criminal justice process. The objectives of the research across all five jurisdictions were to: - Detail the operational realities of hate crime legislation by gathering experiential accounts of the legislation 'in action' from legal professionals; - Document differences in both victims' and offenders' experiences of the criminal justice process according to the legislative and policy context; and - Identify shortfalls in the legislative responses to Article 4 of the Frame- work Decision on Racism and Xenophobia. To this end, the research partners were tasked with conducting a doctrinal analysis of hate crime legislation in each jurisdiction; exploring policies pertaining to policing and prosecutorial functions in relation to hate crime; conducting a secondary analysis of statistics on the recording, prosecution and sentencing of hate crime; and conducting interviews with victims, previous offenders, judges, prosecutors, and defense practitioners. The research sought to illuminate the period between 2011 and 2016. Details: Dublin: ICCL, 2017. 216p. Source: Internet Resource: Accessed May 7, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/05/Hate-Crime-Report-LR-WEB.pdf Year: 2017 Country: Ireland URL: https://www.iccl.ie/wp-content/uploads/2018/05/Hate-Crime-Report-LR-WEB.pdf Shelf Number: 150086 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |
Author: Kamenska, Anhelita Title: Lifecycle of a Hate Crime. Country Report for Latvia Summary: Recent years have seen positive, but at the same time insufficient developments in combatting and preventing hate crimes in Latvia. Changes have predominantly taken place in the legislation, largely as a result of Latvia's international obligations. In Latvia, much attention is paid to the incitement of hatred issues, particularly on the Internet, which have also been impacted by different foreign and domestic political events, such as the conflict in Eastern Ukraine, migration, etc. while public information about hate crimes is rare. The 2014 Criminal Law amendments which envisage criminal liability for incitement to social hatred on grounds of gender, age, disability and other characteristics, should be generally viewed positively as they expand the protection of vulnerable groups against hate crimes and hate speech. Although the list of protected characteristics is open, nevertheless, the legislator by explicitly naming a characteristic or a specific group sends a signal that manifestations of hatred against the group are unacceptable in Latvia. Despite the surveys in Latvia and wider European Union, which indicate high levels of homophobia in Latvia, there was insufficient political commitment by the parliament to include sexual orientation among protected characteristics. While racist motive was made aggravating circumstance already in 2006, and "national, ethnic and religious motive" was added in 2014, allegedly to bring the Latvian legislation in line with Article 4 of Framework Decision 2008/913/JH on combatting certain forms and expression of racism and xenophobia by means of criminal law, this provision has never been applied in practice. Thus, the transposition can be considered as formal as some of the leading criminal law experts have not been able to provide sufficient clarification for its application. Training of police officers to identify and investigate hate crimes has increased. The signing of an agreement between the OSCE/ODIHR and the State Police in Latvia in December 2014, trainings organized in co-operation with the State Police College and NGOs, as well as the guidelines on hate crime identification and investigation issued by the State Police in August 2018, are welcome developments. However, the training of the representatives of law enforcement bodies and judicial bodies is irregular and not systematic. Official data about hate crimes and incitement to hatred cases are limited, the number of opened criminal proceedings during the year remain small. Unofficial statistics compiled by NGOs, such as the Latvian Centre for Human Rights and the Association of LGBT and their friends "Mozaīka" indicate a higher number of crimes motivated by race, xenophobia and homophobia than those that come to the attention of national authorities. There remains very serious concern about the unwillingness of hate crime victims to report hate crimes to the law enforcement authorities. Although the legislation provides for a significant range of victims' rights which have also been expanded through the adoption of the EU's Victims' Rights, support to victims in practice remains inadequate. Latvia has no special support programmes for hate crime victims and overall, the country falls behind in general victim support structures and programmes compared with most EU Member States. For the first time, in 2015 the Latvian government granted state funding for social rehabilitation services to adult victims of all crimes. The financial support by the government and selected municipalities to different civil society projects aimed at promoting tolerance and combatting hate crimes and hate speech has increased, nevertheless it remains small. This hinders NGOs from planning long-term and sustainable projects. In recent years there have also been several research projects about different aspects of hate crimes and hate speech. Both the research conducted by the Ombudsman's Office in 2016 and the research conducted by the Latvian Centre for Human Rights in 2017 within the framework of the current project (30 police officers, prosecutors, judges and defense counsels were interviewed) address a range of topical issues related to the identification, investigation, prosecution and trial of hate crime and incitement to hatred cases. These include a need for government strategy to tackle hate crimes and hate speech, need for regular training, including multi-disciplinary training of the law enforcement and judicial sector, measures that would encourage and increase hate crime reporting by the victims. They also analyse gaps in the implementation of criminal law provisions, issues related to the selection of external experts and criteria for external expert opinions (an issue that has been unresolved for over a decade) in incitement to hatred cases and call for information campaigns to promote tolerance. Many of the issues addressed by the research are not new, however, their resolution will not be successful without the commitment of relevant national authorities, sustained government support and adequate understanding that hate speech and hate crimes can strike at the very fundamentals of the Latvian society. Details: Riga, Latvia: Latvian Centre for Human Rights, 2017. 65p. Source: Internet Resource: Accessed May 7, 2018 at: http://cilvektiesibas.org.lv/media/attachments/01/03/2018/ENG_brosura_internetam.pdf Year: 2017 Country: Latvia URL: http://cilvektiesibas.org.lv/media/attachments/01/03/2018/ENG_brosura_internetam.pdf Shelf Number: 150087 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |