Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans Phase 3 – Pol

1. Robert Mischkowitz DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS PHASE 3 – POLICE TRAINING Belgrade, 8th – 10th November 2010

2. Session 1 • Introductions • Where this training fits into the CARDS Project • How the sessions are organised

3. MY BACKGROUND • Head of Unit KI 12 – “Police crime statistics research unit, criminal-statistical and criminological analyses, research on undetected/unreported crime” inthe German Bundeskriminalamt (BKA) • Entry into the Bundeskriminalamt in 1993 • Senior researcher in the BKA (1999-2000); main fields of research: • Xenophobic violence; drugs and crime; corruption in police, customs and judiciary; organized crime research • Head of the administrative office of the committee of experts responsible for the .Periodical Report on Crime and Criminal Justice in Germany (2000-2006) • Before entering the BKA: Research assistant at the Institute of Criminolgy at the University of Tübingen (1983-1993) • Tübingen Comparative Study of Young Offenders (criminal career research) • Study of sociology, political science and economics (Tübingen, Ann Arbor)

4. INTRODUCTIONS FROM PARTICIPANTS

5. STRENGTHENING JUSTICE & HOME AFFAIRS STATISTICS IN THE WESTERN BALKANS

6. THE THREE PHASES: PHASE 1 (RESEARCH) • Set out relevant international standards and EU acquis • Picture of the strengths & weaknesses of data collection systems • Identify gaps and needs of statistical systems • It involved: • Desktop research • 7 research missions • One output: • Technical Assessment Reports for 7 countries / territories

7. PHASE 2: GUIDELINES • To identify common data collection challenges • To discuss and adopt specific draft programme guidelines • To agree on a set of regional indicators • To prioritise training needs and adopt outlines of training programmes • It involved: • Preparation of draft Programme Guidelines • Feedback from project countries / territories • Discussion and adoption at First Regional Workshop • One output: • Programme Guidelines adopted

8. PHASE 3: TRAINING • To design and deliver targeted training activities • To improve national capacities to record and report JHA statistics in line with international standards and EU acquis • To identify areas for further work and improvements • It involves: • Training to be carried out by international experts together with national focal points and national counterparts • Training delivered to police, prosecution, courts, and institutions in areas of migration / asylum / visa

9. FIRST REGIONAL WORKSHOP (SKOPJE, MAY 2010) • Goals • To present the technical assessment reports • To identify common data collection challenges • To adopt specific draft guidelines • To prioritise training needs • To adopt the outlines of the training program • To agree on a set of regional indicators

10. CHALLENGES OF THE CCJ STATISTICAL SYSTEM IN THE WESTERN BALKANS • Developing person-based systems • Developing better computerised systems to record data • Assigning a unique Integrated File Number (IFN) to person-records in order to track persons across the whole CCJ system • Defining clear written counting rules to record crime incidents • Training all responsible staff with regard to implementation • Enhancing statistical analysis of the data collected • Improving public dissemination of the data collected • I WILL DEAL WITH SOME BUT NOT ALL OF THESE ISSUES

11. RECOMMENDATIONS FROM THE PROGRAMME GUIDELINES

12. Suggested training topics • recording templates (for example, recording of victim-offender relationship) • registering criminal liability of legal entities; • counting and recording of offences/persons with links to organized crime • collection and recording of statistics on hate crimes (crimes with racist, xenophobic or other similar motive) pp. • use of analytical software (like data warehouse etc.) • reporting and publishing of crime statistics - different products for different audiences • best practice for dissemination of crime statistics (internet, etc..) • transfer of knowledge and experience from other crime statistics systems (for example, on counting rules and person characteristics covered in the German crime statistics system) • I WILL DEAL WITH SOME BUT NOT ALL OF THESE ISSUES

13. Session 2 Overview of reports of police data at international and national level

14. SESSION 2: OVERVIEW OF REPORTS OF POLICE DATA AT INTERNATIONAL & NATIONAL LEVEL • The need for valid data and common standards – some preaching! • Main international compilations of police figures • Examples of national report • Germany • UK • Introduction to suggested Regional Indicators and Pilot Data Collection Exercise

15. THE NEED FOR VALID STATISTICS • For knowledge-based crime policy.... • You need to know ‘the facts’ • To interpret your knowledge.... • You need to compare across years, and across countries • To compare.... • Your data need to be comparable within your own jurisdiction over time, and – ideally – with other jurisdictions • To be comparable.... • Means that common standards have been applied – within the jurisdiction, and over time, and – ideally – the same as other jurisdictions • Based on Kauko Aromaa (HEUNI)

16. COMMON STANDARDS • Work developing fast within the UN and the EU • Guidance manuals from the UN and EU • But there are considerable difficulties in reaching comparability because of: • Different legal frameworks and definitions of offences • Different policing and prosecutorial arrangements • Differing capacities in criminal justice agencies • Different operational requirements that the statistics serve • Different counting rules (Session 4)

17. INTERNATIONAL REPORTS • Not very long-standing • All come with substantial caveats • World Health Organisation – covers violence (probably least comparable) • United Nations Survey on Crime Trends and the Operation of the Criminal Justice System (UN – CTS) • European Sourcebook • Eurostat: Statistics in Focus – Crime and Criminal Justice • International Crime Statistics (ICS – ICPO)

18. UNITED NATIONS

19. EUROPEAN SOURCEBOOK

20. EUROSTAT

21. ICPO – International Crime Statistics (ICS)

22. NATIONAL REPORTS • Massive variety of styles • Usually annual • Sometimes with other criminal justice system information; sometimes not • Sometimes with special topics; sometimes not • USA – ‘Index’ crimes only • Now usually available on the web • Data sometimes downloadable

23. NATIONAL REPORTS • Massive variety of styles • Usually annual • Sometimes with other criminal justice system information; sometimes not • Sometimes with special topics; sometimes not • USA – ‘Index’ crimes only • Now usually available on the web • Data sometimes downloadable

24. Germany – Yearbook published by BKA

25. Germany – PCS Brochure (Ministry of the Interior)

26. Germany - Presentation of statistics

27. ENGLAND & WALES

28. SUGGESTED REGIONAL INDICATORS (1)

29. SUGGESTED REGIONAL INDICATORS (2)

30. SUGGESTED REGIONAL INDICATORS (3)

31. OFFENCES FOR THE REGIONAL INDICATORS • The following offence types are considered as core crimes to be covered in the 12th UN Survey by the end of 2010: • Intentional Homicide • Violent Crime • Assault • Sexual Violence • Rape • Robbery • Property Crime • Theft • Motor Vehicle Theft • Burglary • Domestic Burglary/Housebreaking • Drug Possession/Use • Drug Trafficking • Kidnapping for Ransom

32. How do the tables in Serbian statistics currently meet the requirements of the suggested Regional Indicators?

33. Session 3 Overview of tablews and analysis in current German reports on crime and tables produced in Serbia

34. Table 01 and 08

35. Most important tables (11 out of 25) • Table 01 Basic table (recorded offences and attemps by size of communities, recorded suspects use of firearm, clearance etc.) • Table 07 Offences by amount of loss • Table 12 Information about cleared up cases • Table 20 Suspects by age and sex • Table 21 Relationship between place of the offense and residence of suspect • Table 22 Other information about suspects • Table 61 Non-German suspects by nature of and reason for their stay in Germany

36. Most important tables (11 out of 25) • Table 91 Victims by age and sex • Table 92 Relation between victims and suspects • Table 40 German suspects by age and sex • Table 50 Non-German suspects by age and sex

37. PKS-EDS Datenanlieferung

38. Data Set - Identification

39. Case Data

40. Victim Data

41. Suspect Data

42. What tables are produced in Serbia?

45. Committee and Administrative Office Commitee of Experts Ministry of the Interior Ministry of Justice Federal Criminal Police Office Federal Statistical Office Central Institute of Criminology Administrative Office Federal Criminal Police Office Federal Statistical Office Central Institute of Criminology

46. Definition of Organised Crime • Organised Crime is the planned commission of criminal offences • determined by the pursuit of profit or power, which, individually • or as a whole, are of considerable importance, • whenever more than two persons involved collaborate • for a prolonged or indefinite period of time, • each with his own appointed tasks • a) by using commercial or business- • like structures, • b) by using violence or other means suitable • for intimidation or • c) by exerting influence on politics, the media, • public administration, judicial authorities or the economy.

47. Objectives of the Reporting Service • Maintenance of a uniform system of data collection as part of the Criminal Police Reporting Service at home and abroad in case an investigation is is being conducted in Germany. • Creation of a reliable database for - evaluation - statistical evidence - leadership decisions - police decisions - criminological research for prevention and law enforcement purposes

48. Objectives of the Reporting Service • Facilitation of a differentiated consideration of the politically motivated crime by multidimensional data collection • Ensuring adequate inclusion of the necessary politically motivated crime data in the police crime statistics

49. Definition of Politically Motivated Crime • Criminal offences are regarded as politically motivated • Crimes if, in view of the circumstances and/or the • perpetrator‘s attitude, there are indications that these • offences: • are aimed at influencing the democratic process of • formulating objectives, are intended to achieve - or • prevent the achievement of - political objectives, or are • directed against the implementation of political decisions • are directed against the free democratic order or any of • its essential elements, or against the existence and the • security of the Federation or any of the federal states, or • are aimed at unlawfully obstructing members of Federation • or state constitutional organs in the performance of their • duties

50. Definition of Politically Motivated Crime • Criminal offences are regarded as politically motivated crimes if, in view of the circumstances and/or the perpetrator‘s attitude, there are indications that these offences: • jeopardize foreign interests of the Federal Republic of Germany through the use of violence, or of acts preparatory to the use of violence • are directed against an individual because of his or her political views, nationality, ethnic origin, race, skin colour, religion, ideology or origin, or are motivated by an individual‘s outward appearance, handicaps, sexual orientation or social status, and if there is a causal connection between these aspects and the offence, or if the offence is directed in this context against an institution, object or building.