Strasbourg, 22 June 2010

P-PG-CJ(2009)5rev2_en

10th MEETING OF THE EXPERT FORUM

ON CRIMINAL JUSTICE

Council of Europe, Strasbourg,

Agora, Room G01

10/11 September 2009

Report


1.       Opening of the meeting and adoption of the agenda

Mr Johnny Connolly (Ireland), replacing the absent Chair Ms Lidija Vugrinec (Croatia), opened the meeting. The draft agenda is reproduced in Appendix I. The list of participants is reproduced in Appendix II.

Participants decided not to hold an open-ended working party with the objective to define a public awareness raising campaign on QCT and other alternatives to imprisonment, as originally foreseen in the draft agenda, due to lack of funds for such an activity in the 2010 budget.

2.      QCT and other alternatives to imprisonment with regard to drug-dependent offenders

Presentations were made on the differences and approximation of perceptions of QCT from a law enforcement and a public health point of view by Ms Maria Peglitsi, Cyprus Anti-Drugs Council on the Pilot Project “Fred Goes Net” (Cyprus) and Dr Lucia Nunes Dias, Institute for Drugs and Drug Addiction on their Pilot Project (Portugal). The Italian presentation could not be held due to the absence of the presentor, who sent her apologies..

The project in Cyprus concerns a selective prevention programme conducted in 19 countries called "Fred", which was initially tested in Germany. The aim is to encourage young persons aged 14 to 24 possessing or using drugs to attend awareness-raising courses.

The Portuguese presentation showed how the law has evolved over forty years: initially essentially enforcement-based, then increasingly concerned with health aspects and recent decriminalisation of drug use.

Mr René Padieu (France), on behalf of the Ethics Platform (following the joint meeting of the Criminal Justice and Ethics platform in October 2008) presented an indicative list of questions that he considered suitable for discussion and possibly for a common activity of joint platforms. In the ensuing debate, some potential questions were preliminarily and tentatively identified: disjunction between objectives and practice in QCT, consent to care, decriminalisation, collection of data on persons arrested after their passage through the judicial, educational or therapeutic is completed.

Mr Tim McSweeney (United Kingdom, consultant) presented the 2009 study undertaken by the Institute for Criminal Policy Research, King’s College London, on the impact of quasi-coerced treatment on re-offending in one English region in particular with regard to the interview data with law enforcement and public health personnel. The research used a control group with a view to assessing the effectiveness of an alternatives to prison programme, particularly in terms or reducing reoffending: results fairly inconclusive but a longer period needed.

Presentations are made available on the PG – Criminal Justice platform website.

In the ensuing discussion, the following proposals concerning further QCT-related activities by the Criminal Justice platform were put forward and reached broad agreement amongst participants:

-       to prepare a future publication reviewing the past ten years which would focus in particular on the issues of monitoring and evaluation of QCT and also on guidelines for training for professionals;

-       such a publication should identify guidelines on criteria of effectiveness of QCT measures and to disseminate them;

-       a future meeting should invite presentations on measuring the impact of drug law enforcement and also on the impact and effectiveness of drug law reforms.

3.       Pompidou Group Criminal Justice Matters – future perspectives

Mr Thomas Kattau (Executive Secretary a.i.). informed the platform members about proposals for the revision of working methods of the Pompidou Group that are presently discussed on the level of the Permanent Correspondents. The proposals include new ideas as to how to organise the work of the Pompidou Group under the future Work Programme 2011-2014. At core of the proposals is an overall review of the Platform concept and its feasibility, including the work of the Criminal Justice Platform as well as the other Platforms. The proposals under discussion suggest possible new working methods, e.g. ad hoc expert groups, which could more effectively serve policy makers' needs.

He called upon the members of the platform to reflect on how to efficiently translate the findings of their work of the 2007-2010 Work Programme into policy advice for the Ministers on the occasion of the Ministerial Conference 2010. He underlined the need to submit digestable findings on: what works, how to make it work, adverse effects and costs effects. He also informed the platform that budgetary means available in 2010 provide for one meeting of a core group with the task to prepare final conclusions of the Criminal Justice platform and ideas for the new work programme. This preparatory work can later be approved in a final plenary meeting of the platform in May/June 2010.

The platform participants decided to set up the core group comprising Sylvie Vela (France), Lars Meling (Norway), Kathleen Ordnung (Germany), Tim McSweeney (QCT-consultant, in writing), Brendan Hughes (EMCDDA) and, last but not least, Johnny Connolly in his role as the consultant of the group. The core group’s task will consist in fine-tuning the proposals made on future activities with a view to assisting the platform in preparing guidance for the Permanent Correspondents.  The group will fix the exact dates for a meeting in February in a written procedure.

4.     Recidivism

The author of the Dutch study, Mr B. Wartna, in the framework of a series of national studies on recidivism (an inventory of large-scale recidivism research in 33 European countries), presented the general differences in the research methods used in this context. He introduced the work of the European Research Group on National Recidivism Data and explained the Pilot Project set up in England and Scotland to synchronise research methods with a view to setting standards for reconviction research. The presentation can be found on the PG – Criminal Justice platform – website.

Participants agreed to continue to work on the issue of recidivism, on the one hand by investigating the existing measures in different countries to measure recidivism rates and to also consider the findings of criminological and qualitative approaches to this issue. The expert from Portugal offered to commission a study for 2011 on the recidivism of drug traffickers and users in Portugal using the “life course method” (without any costs for the PG attached to it). The platform expressed its gratitude for this generous offer.

As a first step in identifying what data is currently available, Mr. Warna (Netherlands) offered to use his research network in order to find out what kind of data on recidivism have already been gathered in member States. Mr. Hughes (EMCDDA) offered to draft – in cooperation with Mr. Wartna - a questionnaire to be sent to the counterparts in the recidivism network. On the basis of the results gathered, further qualitative research could be undertaken in the framework of the new work programme.

5.     Precursors

Mr. Kattau (Executive Secretary a.i.) informed the participants about the results of the Conference on backtracking investigation, evidence collection, sanction and prevention of drug precursor diversion organised under the auspices of the Criminal Justice platform in Bucharest in March 2009 and the French proposal to hold annual conferences on the subject, currently under examination of the Permanent Correspondents.

Mr. Rocha (Portugal) expressed his view that the issue of precursors should be dealt with in the framework of the PG Airports Group.

6.   Any other business

None


7.   Date of the next meeting of the Criminal Justice Platform

Participants agreed to hold their next meeting on 26/27 May 2010.


Appendix 1

Draft Agenda

1.       Opening of the meeting and adoption of the agenda

Introduction of the participants

2.      QCT and other alternatives to imprisonment with regard to drug-dependent offenders

Presentations on the differences and approximation of perceptions of QCT from a law enforcement and a public health point of view together with representatives of the public health system

-       Mrs. Maria Peglitsi, Cyprus Anti-Drugs Council on the Pilot Project “Fred Goes Net” (Cyprus)

-       Dr Lucia Nunes Dias, Institute for Drugs and Drug Addiction on their Pilot Project (Portugal)

-       Dr Carola Parano, Osservatorio Permanente sulla Criminalita Organizzata on the Pilot Project “Together for Social Recovery and Re-integration” (Italy)

Presentation by Mr. Tim McSweeney on the 2009 study by the Institute for Criminal Policy Research, King’s College London, on the impact of quasi-coerced treatment on re-offending in one English region in particular with regard to the interview data with law enforcement and public health personnel

Presentation by Mr. Réné Padieu “Observations and questions on quasi-coerced treatment”

Exchange of views:    At their last meeting participants agreed to explore further the following areas:

-       How to collect evidence on the effectiveness of QCT?

-       How to compare the relative effectiveness of QCT to imprisonment, also with regard to successful re-integration?

-       How to assess the cost-effectiveness of QCT programmes, in particular residential treatment?

-       How to address the confidentiality problem?

-       Which elements to be covered in the agreement between client and criminal justice system?

-       How to determine the consequences of non-compliance with the treatment provisions?

3.       Pompidou Group Criminal Justice Matters – future perspectives

Intervention by Mr. Thomas Kattau, Executive Secretary a.i. (Thursday 10/09/09 at 14h).

4.     Recidivism

National studies on recidivism - an inventory of large-scale recidivism research in 33 European countries - general differences in the methods used.

Presentation of the findings by the Dutch author of the study, Mr B. Wartna.

Debate and decision on the platform’s future investment in the subject of recidivism, in particular concerning the promotion of a study on drug-related recidivism across Europe.

5.     Precursors

The Co-ordinator will inform the participants of the results of and the suggested follow-up on the conference on back-tracking, collection of evidence, sanctions and prevention in the area of precursor trafficking, 26/27 March 2009, Bucharest.

Debate

6.   Any other business


7.   Date of the next meeting of the Criminal Justice Platform

Public awareness and perception with regard to QCT and other alternatives to imprisonment

An open-ended Working Party comprising delegates from Romania, Norway, Cyprus and

Mr Tim McSweeney may meet in the margin of (possibly late afternoon of Day 1) the CJ platform meeting in view of defining a future activity on the subject taking into account that no budgetary funding is available for such an activity in 2010.


Appendix 2

LIST OF PARTICIPANTS

10th Meeting of the Expert Forum on Criminal Justice

Strasbourg (France), 10/11 September 2009

LISTE DES PARTICIPANTS REVISE

10e Réunion du Forum d’experts sur la justice pénale

Strasbourg (France), 10/11 septembre 2009

Platform Coordinator / Coordinateur de la plate-forme

Mrs Lidija VUGRINEC  Excused / excusé

Head of National Focal Point and International Relations

Office for Combating Narcotic Drugs Abuse

Preobrazenska 4/II

10000 ZAGREB

CROATIA

E

Tel: +385 1 48 78 128

Fax: +385 1 48 78 120

[email protected]

Speaker / Orateur

Mr Bouke WARTNA

Senior onderzoeker

Ministry of Justice – WODC

P.O. Box 2030,

NL-2500 EH The Hague

NETHERLANDS

E

Tel: +31 (0)70-3 70 76 04

Fax:+ 31 (0)70-3 70 79 48

[email protected]

Expert

Mr Rene PADIEU

Inspecteur Général honoraire de l'INSEE

4 Rue du Cloître Notre-Dame

F-75004  Paris

France

F

Tel: +33 1 43 54 57 39

[email protected]

Belgium / Belgique

Mrs Marie-Rose BROUCKER

Attache

Federale Overheidsdienst Justitie

Dienst voor het Strafrechtelijk Beleid

Helepoortlaan 5

1080 Brussel

BELGIUM

F

Tel :  32 2 542 74 27

Fax : 32 2 542 7444

[email protected]

Cyprus/Chypre

Mrs Theano MAVROMOUSTAKI Excused - excusé

Counsel Of The Republic Of Cyprus A’

Attorney General’s Office

1 Apelli Street

Ayioi Omologites

CYPRUS

E

Tel: 0035722889100

Fax: 00357722665080

[email protected]

Mrs Maria PEGLITSI

Officer of Executive Secretariat

Cyprus Anti-drugs Council

15 Sofocleous Str., Aglantzia

2121 Nicosia

CYPRUS

E

Tel:

Fax: +357 22 60 73 77

[email protected]

Mr Theofanis GEORGIOU

Police Officer

Head of the international cooperation and EU office, drug and law enforcement unit – Cyprus police

Cyprus Anti-drugs Council

15 Sofocleous Str., Aglantzia

2121 Nicosia

CYPRUS

E

Tel.: +357 22 60 73 78

Fax: +357 22 60 73 77

[email protected]

Czech Republic / Republique Tchèque

Mr Roman PESEK

Office of the Government of the Czech Republic

Czech National Monitoring Centre for Drugs and Drug Addiction

Nabrezi Edvarda Benese 4

118 01 Praha 1

CZECH REPUBLIC

E

Tel:+420 296 153 487

Fax::+420 296 153 264

[email protected]

Estonia / Estonie

Mr Andri AHVEN

Adviser

Criminal Policy Department

Ministry of Justice

Tonismagi 51

15191 Tallinn

ESTONIA

E

Tel: +372 620 8246

Fax:+372 620 8109

[email protected]

France

Mrs Sylvie VELLA

Chargee de mission protection judiciaire de la jeunesse

MILDT

7, rue Saint Georges

75009 Paris

FRANCE

F

Tel: +33 1 44 63 20 54

Fax: +33 01 44 63 21 01

[email protected]

Finland / Finlande

Mr Aarne KINNUNEN

Ministerial Adviser

Ministry of Justice

Department of Criminal Policy

PO Box 25

FI-00023 Government

FINLAND

E

Tel: +358 9 16068109

Fax:+358 9 16067900

[email protected]

Germany / Allemagne

Mrs Kathleen ORDNUNG

Federal Ministry of Health

Desk Officer for Narcotics Law and International Narcotic Drug Affairs

Heilsbachstrasse 18

D-53123 BONN

GERMANY

E

Tel: +49 1888 441 3673

Fax: +49 1888 441 4973

[email protected]

Ireland / Irlande

Mr Johnny CONNOLLY

Research Officer

Drug Misuse Research Division

Health Research Board

Third Floor

Knockmaun House

42-47 Lower Mount Street

IRL- DUBLIN 2

IRELAND

E

Tel: +353 16761176

Fax: +353 16618567

[email protected]

Italy / Italie

Mrs Carola PARANO Excused / excusé

Scientific Director

Osservatorio Permanente sulla Criminalita Organizzata

Via Sebastiano Agati, 12 B

96100 Siracusa

ITALY

E

Fax: +39 (1) 44.35.45

[email protected]

Norway / Norvege

Mr Lars MELING

Senior Adviser - Ministry of Justice and Police

Correction Services Department

PO Box 8005 Dep

0030  OSLO

NORWAY

E

Tel: +47 22 245 313

Fax: +47 22 249 530

[email protected]

Portugal

Mr João Luis MORAES ROCHA

Court Appeal Judge

Calçada do Nobre, 133, 2º Dto, Amoreira

2645-213 Alcabideche

PORTUGAL

E

Fax: +351 9174355989

[email protected]

Dr Lucia NUNES DIAS

Expert – Research Department

Institute for Drugs and Drug Addiction

Praça de Alvalade, 7, 6º

1700-036 Lisbon

PORTUGAL

E

Tel: +351 21119040

Fax: + 351 21 3162139

[email protected]

Russian Federation / Federation de Russie

Mr Igor BONDAR

Head of the Medical Department

Federal Drug Control ServiceCourt Appeal Judge

12 Maraoseyka Street

Moscow

RUSSIAN FEDERATION

E

Tel:+ 7.49.56.25.31.27

[email protected]

Mrs Victoria KOLESNIKOVA

Senior Inspector

International Cooperation Departmentction

Federal Drug Control ServiceCourt Appeal Judge

12 Maraoseyka Street

Moscow

RUSSIAN FEDERATION

E

Tel: +

Fax: +  

Turkey / Turquie

Mr İsmail MOLLAOĞLU

Turkish Gendarmarie Command

Gendarmarie Officer

Head of the Smuggling and Organised

Crime Division’s Planning Section

Bakanliklar

Ankara 06100

TURKEY

E

Mob: +905052301568

Tel: +903124563310

[email protected]

United Kingdom / Royaume Uni

Mr Tim McSWEENEY

Senior Research Fellow

Institute for Criminal Policy Research

King’s College London

26-29 Drury Lane

LONDON WC2B 5RL

UNITED KINGDOM

E

Tel: +44 (0)207 848 1757

Fax: +44 (0)207 848 1770

[email protected]

EMCDDA / OEDT

Mr Brendan HUGHES

Project Manager responsible for European Legal Database on Drugs

EMCDDA

Rua Cruz de Sta Apolónia, 23-25

1149-045 Lisboa

PORTUGAL

E

Tel: +351-

Fax:+351-213584440

[email protected]

Pompidou Group / Groupe Pompidou

Mr Thomas KATTUA

Executive Secretary a.i.

E/F

Tel: +33 3 88 41 22 84

thomas.kattau@coe.int

Mrs Eva KOPROLIN

E/F

Tel: +33 3 88 41 29.24

[email protected]

Mrs Sabine ZIMMER

E/F

Tel:+ 33.3.88.41.25.97

[email protected]

Mrs Audrey TUMULTY

E/F

Tel: +33 3 88 41 35 61

[email protected]

Pompidou Group

Council of Europe

F – 67075 Strasbourg Cedex

Web site: http://www.pompidou.int

Fax: +33 3 88 41 27 85