European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI) P.O.Box 444 FIN-00531 Helsinki Finland Publication Series No. 50 Kauko Aromaa and Terhi Viljanen (eds.) INTERNATIONAL KEY ISSUES IN CRIME PREVENTION AND CRIMINAL JUSTICE Papers in celebration of 25 years of HEUNI Helsinki 2006 Copies can be purchased from: Academic Bookstore Criminal Justice Press P.O.Box 128 P.O.Box 249 FIN-000101 Helsinki Monsey, NY 10952 Finland USA Website: http://www.akateeminen.com Website: http://www.criminaljusticepress.com ISBN 952-5333-28-0 ISSN 1237-4741 Printed by Hakapaino Oy, Helsinki, Finland Contents Address to Twenty-Fifth Anniversary Festschrift of HEUNI...................................5 Antonio Maria Costa Introduction...................................................................................................................7 Terhi Viljanen European Experiences in Preventing Organised Crime: Field Studies of Best Practices by a Council of Europe Expert Group .............................................13 Kauko Aromaa The Role of the ECHR in Shaping the European Model of the Criminal Process..........................................................................................................................34 Károly Bárd Assessment of Activity Effectiveness of Anti-Corruption Bodies...........................53 Aleksandras Dobryninas The Evolution of Cooperation in Criminal Matters within the European Union: the Record so far ............................................................................................67 Matti Joutsen The Preventative Control of Organised Crime in Europe: The Emerging Global Paradigm? .....................................................................................92 Michael Levi The Advantages and Pitfalls of International Co-operation in Law Enforcement ..............................................................................................................108 Jonathan Spencer The ICVS and Beyond: Developing a Comprehensive Set of Crime Indicators...................................................................................................................120 Jan van Dijk International Standards for Victims: What Norms? What Achievements? What Next? .....................................................................................144 Irvin Waller European Imprisonment Levels 1995-2005 ............................................................158 Roy Walmsley Judicial Cooperation in a Borderless Nordic Area ...............................................168 Fredrik Wersäll Address to Twenty-Fifth Anniversary Festschrift of HEUNI Congratulations on the Silver Jubilee of the European Institute for Crime Prevention and Control (HEUNI). Since 1981 – when HEUNI was established by an agreement between Finland and the United Nations – the Institute has worked closely with the UN, enriching its work on crime prevention and control. The Institute’s work on restorative justice, alternatives to imprisonment, juvenile justice, persons in custody as well as norms and standards is a big support to the United Nations Office on Drugs and Crime (UNODC), and the work of the UN Member States. HEUNI has been a regular supporter and contributor to the work of the UN Congresses on Crime Prevention and Criminal Justice and sessions of the Commission on Crime Prevention and Criminal Justice. Its analysis of questionnaires and surveys contributes to an evidence based approach to crime prevention. This work is in increasing demand as the world tries to come to grips with the threat of trans-national organized crime. In 2003, for the first time, a global instrument came into force to counter the threat posed by organized crime: the UN Convention Against Transnational Organized Crime. It, along with its three Protocols, is the first global attempt to deal with dangerous trans- national threats posed by organized crime, for example trafficking in persons, smuggling of migrants and the illegal manufacturing and trafficking of firearms. In order to effectively implement this Convention, we need more information on “best practices”, more training of national experts, and more information on crime trends. HEUNI’s expertise and support in these areas are vital. I hope that in years to come there will be even closer co-operation between UNODC and HEUNI as well as other Institutes of the UN Crime Prevention and Criminal Justice Programme Network. Your ideas and initiatives are vital for stimulating the inter-governmental process. Congratulations, and good luck for your next quarter century. Antonio Maria Costa Executive Director United Nations Office on Drugs and Crime 5 6 Introduction When something new gets established, it is not only the idea that counts but also the dedication and active contribution of the people involved. Over a quarter of a century ago, the European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI), was created. The story began in 1972, on an airplane en route from Cairo to Geneva, when the Finnish professor of criminal law Inkeri Anttila and the Director of the (then) Crime Prevention and Criminal Justice Branch (CPCJB) of the United Nations, Mr William Clifford, came up with the idea of establishing a European regional institute for the UN in Helsinki, Finland. At that time, the United Nations already had one interregional institute (UNICRI), established in 1968 on the basis of an ECOSOC resolution, and a regional institute for Asia and the Far East (UNAFEI), established in 1962 on the basis of an agreement between the Government of Japan and the United Nations. It took some years before this plan finally started to become a reality. (In the meantime, another regional institute, ILANUD, was created in Costa Rica in 1975 for the Latin American and Caribbean region.) On 23 December 1981, an Agreement on the establishment of HEUNI was signed between the United Nations and the Government of Finland. The active promoters of the Agreement were, again, Professor Anttila, and Mr Clifford’s successor as Director of the CPCJB, Professor Gerhard O.W. Mueller. Why Helsinki, why the far northern edge of Europe? There were some good reasons for this. Almost thirty years ago, there was still a clear political divide between East and West Europe, and Finland had a recognized geopolitical status between the two. From the political and practical point of view, Helsinki was easily accessible from east and west. Indeed, one of the principal reasons for establishing the Institute in Helsinki was in order to build bridges between countries with different socio-economic systems. However, perhaps the main reason for choosing Helsinki was Professor Inkeri Anttila herself. She was a nationally and internationally recognized expert in crime policy matters, she had established useful contacts around the world among academics and decision-makers, and she was well known also within the United Nations: she had served as the President of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Geneva 1975) and she had just been elected a member of the UN Committee on Crime Prevention and Criminal Justice, which was the predecessor of the present Commission on Crime Prevention and Criminal Justice. Moreover, she had previous experience in establishing and leading research institutions, such as the Finnish National Institute of Criminology, and the Finnish National Research Institute of Legal Policy. 7 HEUNI was established in December 1981 as an independent unit under the aegis of the Finnish Ministry of Justice. The institute became operational in 1982. Professor Anttila became the self- evident Director of HEUNI. The other staff members were a senior researcher, two programme officers and an administrative assistant. HEUNI had a separate budget provided by the Ministry of Justice and, as encouraged by the Agreement, other governments participated in the operations either through a standing annual contribution (as with the case of Sweden), or in the form of ad-hoc contributions. There was no clear model on the basis of which the new institute would operate. The Agreement solemnly stated that the objective of the Institute shall be to provide for the regular exchange of information and expertise in crime prevention and control among various countries of Europe with different socio-economic systems, to promote the training of experts in the field and to undertake studies and research on crime prevention and criminal justice policies. Consequently, this made it possible for HEUNI to exchange information and expertise in practically any question related to crime prevention and control – but somehow the template for HEUNI’s work, HEUNI’s raison d’etre had to be discovered. When HEUNI started its work, Europe was clearly divided into two, not only politically, but also in respect of crime prevention and criminal policy questions. At that time the Council of Europe brought within its framework the Western European countries, whereas the approach in the Eastern European countries to many questions was quite different from that taken in the West. Nevertheless, all the European countries had to find solutions for the same kind of problems, such as how to deal with juvenile delinquents, how to prevent burglaries, how the work of the police and courts could be made more effective and how the penal system should be developed. HEUNI found its role when the decision was made to concentrate on those problems which