The Prevention of Juvenile Radicalisation: Promoting the use of alternatives to detention through judicial training JUST/2015/JTRA/AG/EJTR EUROPEAN OVERVIEW OF YOUTH RADICALISATION Overview of the situation of radicalisation among youngsters in Europe and the use of alternatives to detention in EUMS Co-funded by the Justice Programme of the European Union The Prevention of Juvenile Radicalisation: Promoting the use of alternatives to detention through judicial training JUST/2015/JTRA/AG/EJTR EUROPEAN OVERVIEW OF YOUTH RADICALISATION Overview of the situation of radicalisation among youngsters in Europe and the use of alternatives to detention in EUMS This publication has been coordinated and published by the International Juvenile Justice Observatory. It is part of the European project 'PRALT - The prevention of juvenile radicalisation: Promoting the use of alternatives to detention through judicial training', co-funded by the European Union’s Justice Programme (2014-2020). The contents of it are the sole responsibility of the authors, and can in no way be taken to reflect the views of the European Commission. EDITED International Juvenile Justice Observatory (IJJO) 50 Rue Mercelis, Brussels, 1050 (Belgium) [email protected] September 2018 LEGAL DEPOSIT D/2018/14.507/7 BOOK DESIGN Pablo Lucas Buitrago ACKNOWLEDGMENTS This document was elaborated thanks to the work of the IJJO staff, particularly in its final stages with the work of Tallulah Hewett and Anne Reynaud, with the help of Floriane Cartron and Sarah Cattin. This publication is licensed under a Creative Commons Attribution -NonCommercial - ShareAlike 4.0 International (CC BY-NC-SA 4.0) License. TABLE OF CONTENTS INTRODUCTION 7 1. PHENOMENON OF RADICALISATION AND VIOLENT EXTREMISM 7 1.1. Definition and characteristics of radicalisation and violent extremism 7 1.1.1. General definitions 7 1.1.2. Characteristics 9 1.1.3. Radicalisation and trends in Europe 10 1.1.4. Attacks carried out in the EU in 2017 11 1.1.5. Arrests linked to radicalisation and violent extremism 11 1.2. Young people and radicalisation 12 1.2.1. Phenomenon of youth radicalisation in Europe 12 1.2.2. Profile of radicalised young people 12 1.2.3. Process of youth radicalisation 13 1.2.4. Deprivation of liberty and youth radicalisation 14 2. LEGAL STRATEGIES OF PREVENTION AND INTERVENTION CONCERNING RADICALISATION IN THE EU 14 2.1. Legal framework 14 2.2. In the Member States 16 2.2.1. Austria 20 2.2.2. Belgium 22 2.2.3. Bulgaria 24 2.2.4. Croatia 26 2.2.5. Cyprus 28 2.2.6. Czech Republic 30 2.2.7. Denmark 32 2.2.8. Estonia 34 2.2.9. Finland 36 2.2.10. France 38 2.2.11. Germany 40 2.2.12. Greece 42 2.2.13. Hungary 44 2.2.14. Ireland 46 2.2.15. Italy 48 2.2.16. Latvia 50 2.2.17. Lithuania 52 2.2.18. Luxembourg 54 2.2.19. Malta 56 2.2.20. The Netherlands 58 2.2.21. Poland 60 2.2.22. Portugal 62 2.2.23. Romania 64 2.2.24. Slovakia 66 2.2.25. Slovenia 68 2.2.26. Spain 70 2.2.26. Sweden 72 2.2.28. United Kingdom 74 CONCLUSION: KEY FINDINGS 76 BIBLIOGRAPHY 77 INTRODUCTION This overview is part of the project “PRALT - The Prevention of Juvenile Radicalisation: Promoting the use of alternatives to detention through judicial training” led by the International Juvenile Justice Observatory. This project aims to allow judges, policy-makers and legal practitioners to be trained and exchange views on effective intervention, management and sentencing practices regarding the prevention of radicalisation in detention, as well as the alternatives to detention and the development of effective de-radicalisation programmes for youngsters in EU Member States. This document is aimed at providing an overview of the situation of radicalisation among youngsters in Europe and the use of alternatives to detention in EU Member States in order to identify key ideas for prevention of juvenile radicalisation. This overview first examines the definitions and trends of radicalisation in Europe. The second section looks at young people and radicalisation. In particular, this section analyses the profiles of radicalised young people, the process of radicalisation, and deprivation of liberty in link with youth radicalisation. Finally, the overview presents the legal strategies of prevention and intervention concerning radicalisation at the European level and in the 28 Member States. 1. PHENOMENON OF RADICALISATION AND VIOLENT EXTREMISM 1.1. DEFINITION AND CHARACTERISTICS OF RADICALISATION AND VIOLENT EX- TREMISM 1.1.1. GENERAL DEFINITIONS Radicalisation is a complex phenomenon, without clear definition. Governments and academics have so far not been able to come to an agreement over a universal definition1. In fact, the Expert Group on Violent Radicalisation, established in 2006 by the European Commission, stated in 2008 that “radicalisation is a context-bound phenomenon par excellence. Global, sociological and political drivers matter as much as ideological and psychological ones”.2 Moreover, its meaning has much changed throughout the course of history. Before the September 11th attacks in New York, the term was linked to extreme left and right movements, environmentalists or animal rights groups, among others. Now, the concept is primarily used as a central element of terrorism, especially in the case of religiously motivated attacks. However, from an epistemological sense, ‘radicalisation’ refers to “anchoring oneself in one’s knowledge, opinions, values and beliefs to determine one’s behavior”3. This does not mean that it should always be considered as something negative. Some important social changes, such as women’s suffrage or the end 1 Schmid, A. Radicalisation, De-Radicalisation, Counter-Radicalisation: A Conceptual Discussion and Literature Review. The Netherlands: International Centro for Counter-Terrorism – The Hague, 2013. 2 Expert Group, Radicalisation Processes Leading to Acts of Terrorism: A Concise Report prepared by the European Commission’s Expert Group on Violent Radicalisation (Submitted to the European Commission on 15 May 2008), p. 7 3 Alava, S., Frau-Meigs, D., & Hassn, G. Youth and Violent Extremism on Social Media: Mapping the Research. France: United Nations Educational, Scientific and Cultural Organization, 2017. 7 of slavery, have been associated with radical positions. For this reason, independent experts Séraphin Alava, Divina Frau-Meigs and Ghayda Hassan consider that it is important to “distinguish the radicalisation of ideas from the radicalisation of actions, and to also distinguish radicalisation toward extremism, violent radicalisation (when extremism becomes violent), and from acts of extremist violence including terrorism (as a particular form and logic of violence)”4. The European Commission differentiates between ‘radicalisation’ and ‘radicalisation leading to violent extremism’. ‘Radicalisation’ is “the process of growing willingness to accept, pursue and support far- reaching changes in society, conflicting with the existing other”5. ‘Radicalisation leading to violent extremism’ is a “process whereby a person accepts the use of violence to achieve political, ideological or religious goals, including violent extremism and terrorism”6. It is also important to note that many definitions of ‘radicalisation’ refer to extremist violence. The European Committee on Crime Problems (CDPC) and the Council for Penological Co-operation (PC-CP) have defined ‘radicalisation’ as a “dynamic process whereby an individual increasingly accepts and supports violent extremism”7. They consider ‘violent extremism’ as a “behaviour promoting, supporting or committing acts which may lead to terrorism and which are aimed at defending an ideology advocating racial, national, ethnic or religious supremacy”8. In the academic field, many definitions have been proposed. Many of them have been criticised for their imprecision and for not being useful to international organisations and governments9. However, one of the most commonly accepted definitions is that of Farhad Khosrokhavar10, who defines radicalisation as “the process whereby an individual or group adopts a violent form of action, directly related to a politically, socially or religiously motivated extremist ideology that challenges the established political, social or cultural order”11. Regarding the link between radicalism and terrorism, in their book Understanding Violent Radicalisation amongst Muslims: A Review of the Literature, Rahimullah, Larmar and Abdalla define radicalisation as “a process involving an individual or group whereby they are indoctrinated to a set of beliefs that support acts of terrorism that can be manifested in one’s behaviour and attitudes”12. But they warn that radicalism does not equate to terrorism. “While radicalism typically precedes terrorism, a radicalised individual may not necessarily intend to commit terrorism. However, some individual who commit terrorism may circumvent the process of radicalisation”13. 4 Alava, Frau-Meigs, & Hassn, 2017, op. cit. p. 10. 5 European Commission. The contribution of youth work to preventing marginalisation and violent radicalisation and violent radicalisation. A practical toolbox for youth workers. Luxembourg: Publication Office of the European Union, 2017, p.12. 6 European Commission, 2017, op. cit., p.12. 7 European Committee on Crime Problems (CDPC) and the Council for Penological Co-operation (PC-CP). Council of Europe Handbook for Prison and Probation Services Regarding Radicalisation and Violent Extremism. Strasbourg: Directorate General I – Human Rights and Rule of Law, 2016, p.9. 8 European