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ALBANIA: Radicalization and the Governance of Islam in Albania

Author(s): Arjan Dyrmishi / Language(s): English Publication Year: 0

With some hundred or more Albanian citizens having now joined the Islamic State of Iraq and the Levant (ISIL), radicalization has become a salient issue in both policy and scholarly domains in Albania. Given the Albanian tradition of religious tolerance and moderation, the quest to understand and explain the foreign fighter phenomenon has sparked extensive debate – in media, among the public, and within academia. Explanations for this trend have focused mainly on the socioeconomic factors affecting certain local communities and individuals, and on the failure of state institutions in some sectors, including in security, intelligence, and education. In general, academic researchers and pundits alike argue in favor of a more robust response by the government. [...]

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MONTENEGRO: Montenegro and the Foreign Fighter Phenomenon

Author(s): Author Not Specified / Language(s): English Publication Year: 0

Like other countries in the region, Montenegro has had its fair share of citizens participating as foreign fighters on battlefields abroad; and for the purpose of this study, we will focus on Montenegrin foreign fighters in Syria and Iraq. Due to its geographical location and shared borders with countries that have dealt to a greater degree with this phenomenon – such as Bosnia and Herzegovina, Kosovo, and Albania – the number of Montenegrin foreign fighters joining the fronts of the so-called Islamic State has varied over time, reaching its peak in 2014. Numbers in 2016 were the lowest they have been since the start of the phenomenon; and one can argue that this is the result of legal and operational mechanisms implemented by the Montenegrin government in 2015. [...]

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Borders, Exception and Sovereignty: Australia’s Migration Policies as Instruments of Suspension of (Human) Rights and (International) Obligations

Author(s): Ana Carolina Macedo Abreu / Language(s): English Publication Year: 0

Hostility towards migrants of non-European origin is a recurring subject in contemporary political space, especially among Western/developed states. In fact, the move towards stricter migration and border control in relation to some forms of migration has led authors to characterize such phenomena as a war on migration (Hyndman and Mountz, 2007) or a new ubiquity of borders (Balibar 2002). The crusade against irregular migration has particularly affected prospective asylum seekers who, fleeing from conflict and persecution in their countries of origin, attempt to reach safety and protection through unauthorized border crossings. The Australian border regime presents a paradigmatic case in this context of increasing hostility and control, having been described as “the most original yet retrograde means of repelling and excluding asylum seekers from its shores” (Hyndman and Mountz 2007, 83) and “the most fully developed policy regime that is oriented around control” (Johnson 2014, 67). This chapter focuses on the policies and practices of border/migration control that were/are employed in the context of the Pacific Solution (2001-2007) and Operation Sovereign Borders (OSB) (2013-present). The practices of control implemented during this period include interception and turnback of boats outside of territorial waters, forced return, detention and exclusion of parts of Australian territory from the migration zone (excision).

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Analiza zakonske i sudske politike kažnjavanja počinitelja kaznenih djela ratnih zločina

Author(s): Marko Sjekavica,Jelena Đokić Jović,Maja Kovačević Bošković / Language(s): Croatian Publication Year: 0

Sažeto rečeno, svrha kaznenih sankcija sastoji se od posebne i opće prevencije te od retribucije/kažnjavanja društva počinitelja kaznenih djela. U suvremenim pravnim porecima zapadnog tipa, težište se pomaknulo na preventivni element kaznenog sankcioniranja radi odvraćanja od činjenja budućih kaznenih djela i s težnjom resocijalizacije počinitelja, iako osuda i kazna ostaju sastavni dio izricanja kaznenih sankcija.

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Društveni učinci kaznene politike

Author(s): Marija Lovrić / Language(s): Croatian Publication Year: 0

Marija Lovrić rođena je 1950. godine u Osijeku u obitelji koja je nakon Drugog svjetskog rata u Slavoniju došla iz Dalmatinske zagore. U Osijeku je zasnovala obitelj. Njezin suprug Branko Lovrić bio je jedan od direktora pošte u Osijeku. U studenome 1991., u vrijeme kad su Marija Lovrić i malodobni sinovi bili u izbjeglištvu u Zaprešiću, supruga su naoružane osobe u odorama Hrvatske vojske odvele u nepoznatom pravcu, nakon čega mu se gubi svaki trag.

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KO ŽELI DRUGI RAT, DABOGDA MU U KUĆI BIO

Author(s): Živko Budimir / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

Interview with Živko Budimir

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Utilizarea darkweb-ului cu ajutorul aplicațiilor cu inteligență artificială pentru savărșirea faptelor de natură penală

Author(s): Sorin-Constantin Lică,Ciprian Eugeniu CONSTANTIN,Daniela-Denisa Oiță / Language(s): Romanian Publication Year: 0

Using the darkweb can be challenging for inexperienced users, as this network is often associated with illegal and dangerous activities. However, there are a number of artificial intelligence apps that can help users navigate the darkweb safely and find important information. These applications use advanced data analysis and natural language processing techniques to identify trusted websites and resources and assess the risks associated with their use. The use of the dark web for criminal purposes is associated with illegal activities such as drug sales, human trafficking, money laundering and others. Artificial intelligence applications can provide advanced tools and technologies to facilitate these activities, providing anonymity and security to users.

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UNELE ASPECTE PRIVIND PROCEDURA RELUĂRII URMĂRIRII PENALE ÎN CAZUL CONTINUĂRII URMĂRIRII PENALE LA CEREREA SUSPECTULUI SAU A INCULPATULUI

Author(s): Gina Negruț / Language(s): Romanian Publication Year: 0

The need to harmonize the provisions that regulate the institution of the resumption of criminal prosecution was a priority for the legislator, as a result of the fact that in the context of the new amendments to the provisions of Law no. 135/2010 on the Code of Criminal Procedure was stipulated as a phase of the criminal process the preliminary chamber, through which the legislator sought to respond to the requirements of legality, speed and fairness of the criminal process and to create a modern legislative framework, through which it can establish whether the procedure during the criminal prosecution was legal, so that the judgment on the merits can then be proceeded with, so as to eliminate the excessive duration of the proceedings in the trial phase. It thus became obvious that the emergence of this new phase of the criminal process determined the emergence of new institutions of criminal procedural law regulated by the legislator, so that they could respond to all aspects that arise during the course of the criminal processes in different criminal cases brought to trial, although in judicial practice in criminal procedural matters, different opinions appear relative to the interpretation and application of the rules of criminal procedural law, which are then analyzed and communicated by means of Minutes of the meeting of the prosecutors, in order to standardize the interpretation and application of the provisions of the Code of Criminal Procedure.

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Lupta împotriva terorismului în contextul internațional: fond și reguli procedurale. Studii de caz

Author(s): George Gabriel Nistorescu / Language(s): Romanian Publication Year: 0

The terrorist attacks of 11 September 2001 on the United States and generated a significant increase in legislation on the fight against terrorism at national and European level. Given the seriousness of these offences, judicial cooperation between States is indispensable. In this context, both substantial and procedural instruments are taken into account to provide the necessary measures to prevent and combat terrorism. These include the European Arrest Warrant within the European Union. However, there are two major risks associated with this supposed fight against terrorism. These include the European Arrest Warrant within the European Union. However, there are two major risks associated with this supposed fight against terrorism. The first risk is the creation of a so-called „criminal security law” that could undermine the legal safeguards and fundamental rights of individuals. The second risk is the questionable violation of human rights by some of these procedural measures. In the field of judicial cooperation in criminal matters, judicial cooperation between Member States focuses mainly on the nature and characteristics of terrorism, an offence that does not respect territorial boundaries at all. The „criminal security law”, in the context of the war in Ukraine, has become, more than ever, a subject of great topicality.We will examine the provisions proposed by the draft EU Constitution on the material and procedural instruments used in the fight against terrorism in the field of judicial cooperation in criminal matters. In this context, we believe that it is crucial to adopt alternative instruments that protect citizens' civil liberties and human rights. Only in this way will fair and equitable judicial cooperation between the various Member States be possible.

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APLICABILITATEA DREPTULUI INTERNAȚIONAL UMANITAR ÎN CAZUL GRUPULUI WAGNER

Author(s): Maria Alicia Nistorescu / Language(s): Romanian Publication Year: 0

The war in Ukraine has raised the issue of the Wagner Group with regard to humanitarian law. Under humanitarian law, members of the Wagner Group should protect and respect the rights of civilians and others who do not participate in the fight, provide medical aid and respect the rights of prisoners of war. Also, members of the group should not commit war crimes, such as the murder and torture of civilians or prisoners of war.If members of the Wagner Group violate the rules of humanitarian law, they can be held criminally liable and tried in accordance with international law. Also, states that engage members of the Wagner Group in the conflict in Ukraine can be held responsible for violations of human rights and humanitarian law.Members of the Wagner Group involved in the conflict in Ukraine should abide by the rules of humanitarian law and provide protection to civilians and others who do not participate in the fight. Violations of these rules may lead to criminal liability actions and trials in accordance with international law.

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INTELIGENȚA ARTIFICIALĂ ȘI SISTEMUL DE JUSTIȚIE PENALĂ PROVOCĂRI ȘI OPORTUNITĂȚI

Author(s): Vlad Alexandru Voicescu / Language(s): Romanian Publication Year: 0

With the emergence and development of with artificial intelligence systems we are once again in the situation where we need to re-evaluate the system of criminal liability and the subjects of criminal law. The emergence and development of artificial intelligence raises new challenges to the penal law system. Challenges related to the liability for criminal acts committed with the help of AI systems and in relation to the necessity of developing suitable legal provisions in order to legislate this new dimension of human life. The development of AI systems may also prove to be a very useful tool for law enforcement authorities in order to tackle crime and the new trends in cyber criminality.

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Das Frauen - und Kinderkonzentrationslager Loborgrad in Kroatien (1941-1942)

Author(s): Carl Bethke / Language(s): German Publication Year: 0

The study focuses on the concentration camp Loborgrad for women and children in Northwest-Croatia from the time of its erection in October 1941, till the deportation of nearly all of its internees to Auschwitz in August 1942. Its about 1500 mostly Jewish prisoners came from Bosnia (Sarajevo) and Nor-thern Croatia, apart from them were some Jewish refugees, among these many from Vienna, plus approximately 200 Serbian women. Before the deportations the latter were sent to Serbia or to Germany in order to perform forced labor. Apparently the camp was under the supervision of the ”Jews Department” of the Ustaša police, however the commander in chief Karlo Heger and the gu-ards belonged to the ethnic German group. Physical abuses are reported from the camp, during epidemics in 1941/42 up to 200 inmates died.

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Lišavanje slobode i prisilni rad u hrvatskom/jugosla-venskom zakonodavstvu 1945.–1951.

Author(s): Vladimir Geiger / Language(s): Croatian Publication Year: 0

Restrictions to freedom and forced labour in the Croatian, that is Yugoslavian, legal system following the Second World War, during the period of “National Democracy,” was determined by a series of decrees, resolutions, and laws. From 1945 to 1951, the Yugoslavian penal code recognized four types of non-free labour: forced labour without the removal of personal freedom, forced labour with restrictions to personal freedom, corrective work and socially useful work. This article, on the basis of sources, literature, and above all the most important decrees, resolutions, and laws applied in Croatia, and elsewhere in Yugoslavia, during the period of “National Democracy”, from 1945-1951, reviews the matter of state repression and the question of the restrictions to freedoms and forced labour in the penal code.

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Neke forme prinudnog rada u Srbiji 1944–1950

Author(s): Nataša Milićević / Language(s): Serbian Publication Year: 0

Forced labour in Serbia, in the first postwar years, appeared in specific situations and affected various social groups, and it was carried out in the conditions of revolutionary political change. During the time of liberation and immediately afterward “mobilization” appeared as a specific form of required labour, while in the later period work referred to as “required service” or “required work” received special significance. Failure to comply with these orders carried sanctions in terms or criminal or administrative penalties. Specific social categories, the war prisoners and Volksdeutsche (ethnic Germans), who li-ved in camps were employed as forced labour and their freedom was restricted as a whole; other social categories were required to work through judgments of the courts and these sentences could be applied in jails or in freedom; a third type of required labour, which affected groups such as pensioners, occurred due to a lack experts, requiring them to accept various jobs in order to maintain their pensions. Regardless of the type of category, forced labour was in fact mobilized free labour, which was employed in numerous construction sites, mines, or other objects in fulfillment of the first Five Year Plan.

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Prinudni rad folksdojčera u Vojvodini 1944–1950.

Author(s): Zoran Janjetović / Language(s): Serbian Publication Year: 0

Forced labour for the Germans of Vojvodina was introduced in the first days after the new government was established. It was an expression of the necessity of making up shortages in the supply of labour as it was also seen as a punishment for the German minority’s support for the Axis powers during the Second World War and the participation of some of its members in war crimes. Some people were marched under armed guard to work in forests, fields, vineyards, the clearing of rubble, the construction or repair of buildings, roads, railways, and bridges, while some people were concentrated in special camps from which they were taken to work every day. The organization of work camps overlaps with the period of martial law, while the whole process took shape in stages, in an attempt to concentrate labour supply, preserve Ger-man property, open areas for the settlement of colonists and others. Conditions in the camps were inadequate in terms of supporting and maintaining the ability of inmates to perform work, and there was a lack of any motivation to improve them. In the autumn of 1947 it became clear that the policy toward the German minority was changing, and in the spring of 1948 the Communist authorities began to dismantle the camps. Because of these types of conditions and the fact that in the first years following the dismantling of the camps their work in large measure retained the qualities of forced labour, a large majority of Volksdeutsche decided to emigrate from Yugoslavia when this became a legal possibility. Their work, instead of contributing to the development of their homeland, contributed to the West German “economic miracle.”

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Položaj političkih osuđenika u zatvorima Srbije 1945–1985.

Author(s): Srđan Cvetković / Language(s): Serbian Publication Year: 0

The work follows the evolution of the position of political convicts in Serbia in post-war period. Shortly after the end of the war, the position of political convicts was extremely bad and the prisoners were often subject to brutal torture. Prison conditions underwent gradual evolution in the period between 1953 and 1985, so that since the beginning of 50s, and especially during 60s and 70s, they grew better and better. Still, their improvement was limited by material as well as political and ideological factors and remained behind the standards of the west democracies.

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Neki aspekti položaja političkih zatvorenika u KPD-u Stara Gradiška nakon sloma Hrvatskog proljeća 1972.–90.

Author(s): Branimir Šutalo / Language(s): Croatian Publication Year: 0

Based on existing literature and available sources, this article attempts to provide a contribution to research into the dissident movements and opposition in Socialist Yugoslavia. The phenomenon of political offenses is treated only superficially as an unavoidable introduction to the presentation of the main theme. This work seeks to shed light on the darkest corner of the Yugoslav totalitarian system, that is, the gaol, and show the attitude of the authorities toward political prisoners. The Correctional Institute in Stara Gradiška (KPD Stara Gradiška) is chosen as an example because this gaol is a synonym for the suffering and death of those individuals who were opponents of the totalitarian Yugoslav regime. An emphasis is placed on the derogatory attitude of the authorities and the penal system toward political prisoners and their psychological traumatisation in criminal surroundings.

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За наказателноправните аспекти на проблема в тълкувателно решение № 5/2021 г. на общото събрание на гражданските колегии на Върховния касационен съд

Author(s): Pressiyan Markov / Language(s): Bulgarian Publication Year: 0

In Interpretative Decision No 5/2021, the SCC ruled on the labour law issue of the application of the new ground for dismissal of pedagogical specialists, in respect of which a contradictory practice of the SCC itself has accumulated since 2016. Since dismissal ground is conviction for a crime, the problem has significant criminal law aspects that the SCC has not taken into account, which is why the argumentation of the decision and the dissenting opinion suffer from serious imperfections.

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Някои идеи за обединяване на процесуалните фигури на защитника, повереника и особения представител в наказателния процес в един правен институт

Author(s): Pavel Smolichki / Language(s): Bulgarian Publication Year: 0

In the present study a reasoned conclusion is made that the existence of three separate legal figures to implement the procedural representation of private legal entities or persons in criminal proceedings, namely - a defender, an attorney-at-law and a special representative, is superfluous. All three legal figures serve an identical function in criminal process and their statutory regulation is largely the same. Based on the similarities and differences between the three legal figures, the proposal to unite the defenderр the attorney-at-law and the special representative in one legal concept is justified. In particular, it is proposed that the three legal figures be united in the figure of the attorney-at-law. This new provision will facilitate enforcement as it will greatly simplify the legal framework. At the same time, it will not lead to any negative consequences for the relevant private legal entities or persons participating in the criminal proceedings.

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Относно задържането на лице по чл. 72, ал. 1, т. 1 от закона за Министерството на вътрешните работи

Author(s): Kiril Goranov / Language(s): Bulgarian Publication Year: 0

The current Bulgarian legislation empowers police authorities to detain a person deemed to have committed a crime. Exercising such power, in practice, results in restriction of one of the most important fundamental rights guaranteed by the Constitution of the Republic of Bulgaria, namely, the right to personal liberty and inviolability. A written order is issued for the detained person, which by its nature represents an individual administrative act, and, as such, must meet the five requirements for legality of administrative acts. The present paper focuses on the obligation of the police authorities to observe the substantive law, to state promptly the reasons for detention, as well as to eliminate any form of abuse of power entrusted to them. For the purpose of preventing unlawful and arbitrary detention, police authorities ought to comply with the European Convention on Human Rights and European Union law, as well as take into consideration the relevant case-law of the European Court of Human Rights and the case-law of the Court of Justice of the EU.

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