4. Internal Security Policy
In the year monitored, the ministries adopted a range of measures aimed at the reduction of the impact of crime. Such activities are described in more details in the relevant parts of the 2000 Report. Because some measures can be used across the whole area of public order and internal security, this Annex includes only an overall view relating to the situation in public order and internal security. As was mentioned in the 1999 Report, it is an open programme therefore basic activities published in this 2000 Report were corrected and updated according to the actual situation.
The overview is divided into 4 basic parts – conceptual, legislative and preventative activities, European integration and international cooperation. Each of these areas indicate individual activities implemented in the year monitored as well as prospects for the next period.
This part of the Report also includes measures taken by the Ministry of the Interior and the Czech Police, which are the two organisations mainly responsible for internal security. The measures relates to economic, personnel, organisational, and educational activities.
The Overview of the Fundamental Conceptual and Analytical Documents
Apart from the Reports on the Security Situation and Public Order in the Czech Republic, the Information on Migration, The Report on Extremist Issues in the Czech Republic the following documents were adopted:
"The Middle-term Strategy of the Czech Ministry of the Interior’ s Policy in 2000-2003"
One of the parts of this Strategy (approved by Government’s Resolution No. 683 dated 12 July 2000) is to ensure public order and internal security – key priorities of the Ministry in this area for the next four years.
”The Information on Operation of the System Combating Money Laundering” (approved by Government’s Resolution No. 326 dated 3 April 2000).
"The Information on Some Measures Adopted Against Financial Crime" (approved by Government’s Resolution No. 730 dated on 19 July 2000).
These documents describe current negative as well as positive issues relating to money laundering and financial crime. Examples of measures adopted are as follows: the decision to assign investigators specialising in financial crimes to a special department that will represent a link to the SRCMEC; to coordinate the work of a specialised police unit with specialised departments established at the offices of Chief State Prosecutors – these departments were set up to supervise pre-trial procedures related to economic crime cases. The project aimed at training officers working in all state units involved in combating major economic crimes was drawn up, etc.
”The Report on Investigation in Savings and Cooperative Credit Banks” the Government took cognisance of this Report by its Resolution No. 939 dated on 18 September 2000)
The Minister of the Interior presented this Report at the meeting of the Chamber of Deputies of the Czech Parliament. The Chamber of Deputies adopted Resolution No. 1188/2000 related to item 3 by which the deputies required the Government to provide them with more information on the course of investigations of crime offences committed in the aforementioned institutions. This information should be submitted by 30 June 2001.
”The Updated Strategy on Combating Organised Crime” (approved by Government’s Resolution No. 1044 dated 23 October 2000).
In 1999, specialised working groups were established to analyse individual issues, identify problems and suggest some solutions in this field. The Updated Strategy followed up the previous documents and contains proposals for further steps to be taken to combat organised crime (see Government’s Resolution No. 1044 dated 23 October 2000). Description of organised crime in selected countries forms a part of the document thereof.
”The Report on Meeting Tasks Arising from the Crime Prevention Strategy in Years 2001-2003” and ”Prevention of Crime Strategy in Years 2001–2003” (the Government took cognisance of these documents by its Resolution No. 1265 dated 11 December 2000).
The Report evaluates up to date measures implemented in the field of crime prevention. The Strategy till 2003 was drafted on the basis of this analysis and the analysis of the internal security.
”The 1999 Report on Meeting Tasks Arisen from the Crime Prevention Strategy Until 2000” (Government’s Resolution No. 388 dated 19 April. 2000).
In 2000, the phase of crime prevention defined until 2000 was closed. This document informs about measures adopted and analyses of their efficiency.
”The National Plan of Combating Commercial Sexual Abuse of Children” (Government’s Resolution No. 698 dated 12 July 2000).
In February 2001, an Advisory Commission aimed at solving issues of trading in women and the commercial abuse of children was set up by the Ministry of the Interior. The members of this Commission are representatives of the Ministry of the Interior and other ministries involved as well as representatives of non-governmental organisations.
”The Proposal of Measures to Be Adopted in order to Solve Prostitution”(Government’s Resolution No. 1145 dated 15 November 2000).
This documents contains actual solutions drawn up on the basis of the analysis of this issue and its manifestations.
"The Information on Factual Meeting of Time Demanding Requirements Relating to Accession to the Schengen acquis (Government’s Resolution No. 1055 dated 23 October 2000).
On the basis of this Information the Government required the Minister of the Interior to submit by 31 March 2001 proposals on how to ensure accession to the Schengen acquis from the organisational point of view prior to the Czech Republic’s joining the European Union.
"The Report on Meeting Assignments Listed in the Schedule of Measures Adopted to Make Frontier Checkups More Efficient and on the Updated Schedule of Measures Adopted to Make Frontier Checkups More Efficient” (Government’s Resolution No. 1148 dated 15 November 2000).
This report deals with the issues of national border security in full detail. It also follows up The Conception of Modernisation of Visa Process and analyses how the tasks have been met. It also describes current assignments.
"The 2000 Report on Activities of the State Prosecutor’s Office "; "The Special Report Containing Findings relating to the Application of the Amendment to Criminal Code No. 112/1998 Coll., in Particular Relating to Criminal Offences Committed Pursuant Sec. 187a of the Criminal Code"; "The Special Report Containing Evaluation of Cooperation between State Prosecutor’s Offices with Special Police Forces Involved in Combating Major Financial Crime”; "The Special Report on Delays in Trials at the Regional Courts ".
The Supreme State Prosecutor’s Office recommended in its aforementioned Reports implementing a range of both legislative and non-legislative measures, such as: to focus the majority of state prosecutors on pre-penal proceedings and on procedures which should be done before some necessary unrepeatable steps have been made; to supervise adherence to legal provisions relating to preliminary procedures and to focus state prosecutors on the initial phase of penal proceedings; to apply, to a greater extent, the legal instrument of mutual settlement; to thoroughly examine the reasons for custody; to publish interpretation opinions of the Supreme State Prosecutor’s Office, etc.
"The Report on Corruption in the Czech Republic" (Government’s Resolution No.144 dated 14 February 2001)
On the basis of the analysis which emphasised evaluation of the situation concerning bribery and crimes committed by public officials, a public discussion which should be an integrated element was proposed for addition to the Czech Anticorruption Agreement. The proposal arises from the conviction (this conviction is based on the evaluation of the National Programme Combating Corruption) that corruption may be successfully combated only when a wide social consensus has been reached
”The Report on Investigations into Savings and Cooperative Credit Banks”
This information will follow up the 2000 report on the same issues (approved by Government’s Resolution No. 939 dated 18 September 2000). The information about the investigations made in connection with cooperative banks will be submitted to the Chamber of Deputies of the Czech Parliament.
”The Report on Environmental Crime”
This Report should, on the basis of the analysis made, not only help to detect latency of this kind of crime but particularly to suggest key steps to be taken by ministries and institutions involved in combating environmental crime.
"The Strategy Combating Information Technology Crime"
The objective is to describe the trend of unlawful conduct relating to usage of up-to-date information and communication technologies and to propose measures aimed at comprehensive and systematic procedures taken by relevant state bodies against this kind of crime.
”The Proposal of Conception Aimed at Decreasing Elimination of Consequences of Information Struggle, Interferences by Foreign Intelligence Services and Criminal Attacks on Information Systems”
This proposal will contain the basic conceptual intentions in this field, including an evaluation of possibilities if communication and information means are attacked.
"People Protection Strategy"
This Strategy lays down, inter alia, basic tasks for individual management levels and conditions to be reached in this field. It will also specify how the security conditions can affect civil defence and it will determine target measures aimed at people protection including humanitarian aid needed
“Draft Binding Procedure Aimed at the Solution of Emergency Situations in Connection with Terrorist Acts, Which Happen in the Czech Republic or Abroad and Could Be Directly Related to the Czech Republic‘s Interests, and Relating to Similar Events Seriously Endangering the Internal Security and Public Order of the Czech Republic”
The objective of this document is to change the view of terrorism – i.e. to set up priorities in terms of threats and their impacts on society.
"The Conception on Humanitarian Aid Provided Abroad"
This describes the framework under which a humanitarian aid will be provided to foreign countries.
Legislative Activities
The Draft Act amending Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended
This Amendment was adopted by the Chamber of Deputies on 6 December 2000 and the Senate adopted it on 11 January 2001. (It was published in the Collection of Acts under No. 60/2001 Coll.)
This Amendment has fully harmonised the Czech police law with the EC/EU law. The Amendment particularly regulates personal data processed by the Czech Police in preventing and detecting crimes as well as while investigating and clearing up crimes. The differences from the general legal regulations included in the Act on Personal Data Protection are defined. The differences arise from specific police work while detecting crimes. The Amendment creates conditions to ensure effective international cooperation in combating terrorism, the illegal trade in drugs and other serious international crime.
Act No. 239/2000 Coll., on Integrated Rescue System and on Amending Some Related Acts
This Act came into force on 1 January 2001. It particularly regulates the integrated rescue system, lays down the individual units of the integrated rescue system and their competencies, it sets up competencies and powers of state bodies and self-government authorities, the rights and duties of both legal and natural persons while preparing for emergency situations and during rescue and liquidating work, it deals with issues relating to people protection prior to and after a dangerous emergency crisis and in case the state is endangered or the state is on a war footing. This Act also newly regulates responsibilities of the Ministry of the Interior and the Ministry of Defence.
Act No. 240/2000 Coll., on Crisis Management and on Amendments to Some Relating Acts (the Crisis Act)
This Act came into force on 1 January 2001. It establishes competencies and powers of state bodies and self-government authorities, rights and duties of both legal entities and individuals while preparing for and solving emergency situations which do not relate to the defence of the Czech Republic against an external attack.
Act No. 238/2000 Coll., on Fire Rescue Brigades of the Czech Republic and on Amendments to Some Related Acts
This Act came into force on 1 January 2001. It establishes Fire Rescue Brigades of the Czech Republic as entities whose essential mission is to protect lives, health and property of people against fire and to provide efficient assistance in emergency situations.
Act No. 237/2000 Coll., Amending Act No. 133/1985 Coll., on Fire Protection, as amended
This Act came into force on 1 January 2001 and follows up the changes brought by Act No. 238/2000 Coll. The regulation is focused mostly on the rights and duties of corporations and entrepreneurs in the field of fire protection
The Draft Amendment to Act No. 200/1990 Coll., on Misdemeanours, as amended
The Draft Act was submitted to the Government in December 2000 for further legislative discussions. The Draft Amendment is being currently discussed by the Legislative Council of the Government.
This Draft Amendment was not drawn up within the 2000 Legislative Plan. This Draft Amendment introduces new measures of misdemeanours with respect to a new legal regulation concerning identity cards and travel documents, new legal subjects of misdemeanours relating to unauthorised execution of rights which are, subject to relevant acts on the protection of industrial property, reserved only for their respective owners, new legal subjects of misdemeanours in the field of transport, road and railway management, explosives and registers). Simultaneously, higher fines are proposed for some kinds of misdemeanours (e.g. misdemeanours against property) since the current one are not effective enough. Other regulations concern the competencies of state authorities to deal with misdemeanours and introduction of measures needed for effective performance of state administration in this field.
The Draft Amendment to Act No. 325/1999 Coll., on Asylum and on the Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (the Asylum Act)
The Draft Act was submitted to the Government in December 2000 for further legislative discussions. The draft amendment is being currently discussed by the Legislative Council of the Government.
The Amendment to the Asylum Act is in compliance with similar legal provisions applied in the EU member states and is directed towards faster asylum proceedings in such cases where it is obvious that the reasons stated by an asylum seeker are not relevant in terms of the Convention on the Status of Refugees from 1951. The changes resulted from the high expenses covering the stay of asylum seekers in a host country, high costs of asylum proceedings themselves and such changes also reflect the efforts to prevent anti-foreigner mood, tension in society and possible threats to the security situation. The second key feature of the Amendment to the Asylum Act is clarification of the rights and duties of asylum seekers. The amendment also regulates some partial issues which were brought up by application of the Act thereof.
The Draft Amendment to Act No. 326/1999 Coll., on the residence of Foreigners in the Czech Republic and on the Amendment to Some Related Acts
This Draft Amendment is being discussed by the Chamber of Deputies in the 2nd reading. This draft amendment strengthens the principle of family unity. The proposed changes respond to the problems connected with photographs needed for immigration forms (questionnaires) and to problems concerning the requirement for a health insurance document. It is proposed to provide permanent residence to some persons who do not meet the condition of a previous continuous stay in the Czech Republic. It also extends the body of persons who are permitted to apply for permanent residency. On the other hand, the amendment proposes to make stricter conditions subject to which the police may ban the foreigner’s residence; the impact of such decisions on the private and family life of a foreigner will be taken into account to a higher degree. The Draft Amendment also takes into consideration some organisational changes in the Ministry of the Interior and the Czech Police. Last but not least, this draft amendment simplifies and clarifies the wording of some provisions with the aim to prevent possible cases of ambiguous interpretation.
The Factual Legal Intention of Proceedings at Administration Offices (the Code of Administrative Procedures)
The factual legal intention of this Act was approved by the Government on 13 September 2000. The draft contains a new regulation of administrative proceedings and it should fully substitute Act No. 71/1967 Coll., on Administrative Proceedings (the Code of Administrative Procedure), as amended. While approving it, the Government decided on drawing up another legal provision, the Act on Execution of Administrative Acts (the Code on Execution of Administrative Procedure). Such a new regulation is to ensure the efficient execution of administrative decisions.
The Draft Act on Weapons and Ammunition and on the Amendment to Some Related Acts (the Act on Weapons)
The draft act was presented to the Chamber of Deputies of the Czech Parliament to be discussed. The reason for drawing up this draft act is a need to completely implement EC law in the field of weapons and ammunition into the Czech legal provisions and to remove some insufficiencies of a current legal regulation in the respective area. However, the Chamber of Deputies returned this draft act to the Government (on 28 June 2000) to be completed in some aspects. The new Draft Act was submitted to the Government in March 2001.
Government’s Regulation No. 276/2000 Coll., on Calling Up Soldiers of the Army of the Czech Republic to Perform Tasks of the Uniformed Police Forces in the Period of 15 –30 September 2000
This legal regulation was initiated by the Ministry of the Interior in addition to the 2000 Legislative Plan of the Government on the basis of the analysis of the internal and international security situation related to the IMF/WB Meeting with the aim of ensuring internal order and security. This proposal took into account the fact that during such or similar meetings held abroad the public order and security was often disturbed – such disturbance was also expected in the Czech Republic. This proposal was an integral part of ”the Report on Developing the Security Measures Concerning the Annual Meeting of the IMF Council of Governors and World Bank Group in September 2000” that was discussed by the State Security Council which took cognisance of it. It was obvious that the Czech Police, which is obliged to meet other duties stipulated by laws, do not possess enough forces to ensure the internal order and security from 15 to 30 September 2000.
The Draft Act on Special Protection of Witnesses and Other Persons with Respect to Penal Proceedings
This Act was published under No. 137/2001 Coll. The objective of this Act is to eliminate unlawful influences (e.g. unlawful pressure against people who are parties to certain penal proceedings by extorting these persons or threatening their lives) of penal proceedings and thus to increase the efficiency of one of the most important instruments for suppressing crime. Protection of a witness and other persons endangered with respect to any penal proceedings would consist of their personal protection (or they could be moved), in the most dangerous case their identity could be changed.
The Draft Amendment to the Code of Criminal procedure, Criminal Code and Some Related Acts
The objective is to considerably simplify and speed up penal proceedings in all their stages, to strengthen the significance of the trial itself detrimental to preliminary proceedings, to strengthen the position of state prosecutors while supervising preliminary proceedings and making decisions in this phase of penal proceedings, to enable, to a greater extent, to gather evidences also such cases which do not provide good conditions for prosecuting an actual person.
The Draft Amendment to Act No. 64/1986 Coll., on the Czech Commercial Inspection, as amended, to Act No. 634/1992 Coll., on Customer’s Protection as amended, and to Act No. 63/ 1986 Coll., on the Czech Agricultural and Food Inspection as amended by Act No. 110/1997 Coll.
The Amendment lays down, i.a., the illegality of deception of a consumer by offering and selling products and goods infringing intellectual property rights, and the Act extends the powers of supervisory bodies. While the original Act allowed the officers of the Czech Audit Office only to suspend the sale of forged products, the current amendment enables them to confiscate such products and once it has been verified the products are really forged or they are non-permitted impostures to destroy them. The costs of storing and destruction are covered by the inspected person. The amendment also contributes to limiting illicit imports.
Act No.121/2000 Coll., on Copyright, and on related rights and on amendment to some related acts, and Act No. 116/2000 Coll., which alters some acts on Protection of Industrial Property should help to solve issues concerning intellectual property rights.
The Amendment to Act No. 455/1991 Coll., on Trade Licensing (came into effect on 1 March 2000)
This amendment made the conditions for starting business in the Czech Republic stricter. Primarily, a foreigner is obliged to submit documents evidencing information stipulated by law including its Czech official translation, the signatures and stamps (seals) on the documents submitted must be verified. To apply for a residency permit a foreigner is required to submit an official document proving he/she has not been sentenced for any crime in his/her country or in a country(ies) where the foreigner had resided for the last three years.
Act No. 62/2000 Coll., on Some Measures Concerning the Export and Import of Products and on Licensing Proceedings and on Amending Some Related Acts
In accordance with this Act trading in products the holding of which is limited in the Czech Republic or for other important state interests because of security reasons is permitted only with a security licence. The customs authorities record information concerning the utilising of relevant licences.
Other Tasks and Activities which Marginally Relate to the Internal Security Situation:
Act No. 133/2000 Coll., on Registration of Inhabitants and on Birth Numbers and the Amendment to Some Related Acts (the Act on Registration of Inhabitants)
This Act, which came into effect on 1 July 2000, regulates the execution of registration of inhabitants, it defines the term of permanent residence and lays down the conditions for running registration information systems. The regulation lays down the allocation and registration of birth numbers and registration of foreigners with a residency permit in the Czech Republic as well as persons who have been granted asylum. This Act shall come into effect on 1 January 2003.
Act No. 101/2000 Coll., on Personal Data Protection and on the Amendment to Some related Acts as amended by Act No. 227/2000 Coll.
Adoption of this Act means the definitive legal recognition of personal data protection as one of the dimensions of the protection of fundamental human rights and freedoms and thus also the increase protection of an individuals’ privacy. The need of a new act is documented by cases showing the tendency to consider processing of personal data to be a totally unregulated area. Sometimes personal data is collected without an actual purpose and misuse of birth numbers, mainly in the private sector, remains a problem. The previous Act No. 256/1992 Coll., insufficiently reflected protection of individuals with respect to personal data processing, and such data was freely circulating, there was no supervision over personal data processing and it did not take into account the principals laid down by Council of Europe Convention No. 108/1981 (the required activities for its ratification are under way) and Directive of the European Parliament and the Council No. 95/46/EC.
As customs authorities are not excluded from the application of provisions stipulated by Act No. 101/2000 Coll., regulation concerning personal data processing was projected also in the Amendment to the Customs Act. Regarding the fact that the state prosecutor’s offices were not excluded either, the new regulation relating to personal data processing is reflected also in the amendment to the Act on State Prosecutor’s Offices.
Decree of the Ministry of the Interior No. 177/2000 Coll., implementing the Act on on Registration of Inhabitants, the Act on Identity Cards and the Act on Travel Documents.
This Decree came into effect on 1 July 2000 and mainly lays down the samples of forms frequently used, samples of identity cards, some travel documents and technical requirements for photographs need for identity cards or passports. The Annex to the Decree lists border crossings of the Czech Republic. The amendment to this Decree has been submitted for comments from the Ministries.
Act No. 247/2000 Coll., Receiving Driving Licence and Improvement of Driving of Motor Vehicles and the Amendment to Some Related Acts
Act No. 361/2000 Coll., on Traffic on Land Communications and the Amendment to Some Related Acts
Both Acts came into effect on 1 January 2001.
In compliance with both Acts some administrative activities were transferred from the Ministry of the Interior and the Czech Police to the Ministry of Transport and Communications (hereinafter ”the MTC”) and District Authorities (including relevant Municipal Councils) which should create room for other activities typically performed by the Czech Police.
The Minister of the Interior and the Minister of Transport and Communications agreed to set up a commission to support the transfer of the aforementioned activities from the MI and the Czech Police to the MTC, District Authorities and the Municipal Councils of Pilsen, Prague, Brno, and Ostrava.
Act No. 328/1999 Coll., on Identity Cards, Act No. 329/1999 Coll., on Travel Documents and on the Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic as amended (the Act on Travel Documents), and Act No. 133/2000 Coll.
In compliance with the above mentioned Acts (which came into effect on 1 July 20000) a transfer of some administrative competencies from the Czech Police to the District Authorities (or relevant Municipal Councils – in Pilsen, Prague, Brno, and Ostrava) was implemented. Such a transfer of competencies should help to create better conditions for the Czech Police to perform tasks concerning public order and security (combating crime, road safety, etc.).
Act No. 131/2000 Coll., on the Capital City of Prague
This Act came into effect on 12 November 2000.
In accordance with Sec. 16 (3) the Capital City of Prague ensures, as a self-governing institution, inter alia, protection of public order.
In compliance with Sec. 44 (3) the Capital City of Prague is, as a self governing institution, competent to publish a generally binding decrees and lay down binding conditions in the scope required to ensure public order e.g. during sports of cultural events including dancing balls and discos.
The Mayor of Prague is under Sec. 72(5) authorised to ask the Czech Police for cooperation in ensuring local problems concerning public order. The Czech Police are obliged to provide the required assistance unless they are prevented from doing so by relevant legal provisions.
Mayors of individual Prague quarters are authorised under Sec. 98, when ensuring public order in a relevant city quarter, to require cooperation from the Czech Police or the municipal police of the Capital City of Prague. The Czech Police or the municipal police are obliged to provide required assistance unless they are prevented from doing so by relevant legal provisions.
Act No. 129/2000 Coll., on Regions (Regional Institution)
This Act came into force on 12 November 2000, except for some provisions which came into force on 1 January 2001.
Under Sec. 14 (2) a region is, as a self-governing institution, competent in compliance with local conditions and customs to care of the comprehensive development of its territory, in particular of creating conditions for, i.a., protection of the public order.
Act No. 128/2000 Coll., on Municipalities (Municipal Institution)
This Act came into force on 12 November 2000, except for provisions of Sec. 147 (4) which came into force on 1 January 2001
In accordance with Sec. 10 a municipality is, as a self governing institution, competent to publish a generally binding decree and lay down binding conditions in the scope required to ensure public order e.g. during sports of cultural events including dancing balls and discos. Under Sec. 48 of the Act on Misdemeanours, a municipality can through its generally binding decrees lay down the merits of misdemeanours against public order. However, the scope of such a legal regulation is limited by the fundamental rights and freedoms arising from constitutional laws and international treaties pursuant of Article 10 of the Constitution and related acts.
The Chamber of Deputies of the Parliament rejected in May 2000 the governmental Draft Act on Societies and on the Amendment to Some Related Acts.
The intention of the proposed legal regulation was, apart from other things, to enable more efficient action of the Ministry of the Interior against societies which would develop activities aimed at the denial and restriction of human rights. It was supposed that the Ministry of the Interior would be able to cancel such a society without any previous notification, however an appeal to the courts would be possible. The abolishment of a society was directly linked to suspension of its activities.
The draft Act on the Liability of Youths for Illegal Acts and on Judicial System Concerning Youths and on the Amendment to Some Related Acts (the Act on Judicial system Concerning Youths)
This Draft Act is based on the principle that a social reaction towards the crime of youths should be considered as being a part of comprehensive legal protection of youths. It preserves the same age for criminal liability, however it also proposes to emphasise that apart from society the parents of a juvenile offenders are responsible as well. A priority application of alternative penal proceedings and alternative legal sanctions is supposed.
The Amendment to the Criminal Code
The objective is to reflect some obligations arising from the EU law in our legal system with regard to some recommendations adopted by the Council of Europe. It also responds to a need to solve some current problems of some parts of the Criminal Code prior to the overall re-codification of the material criminal law.
The Factual Legal Intention of the Criminal Code (Material Criminal Law Codification)
The objective is mainly to ensure the protection of civil rights and freedoms and other values guaranteed by the Constitution and the Charter of the Fundamental Rights and Freedoms as well as enforcement of important orders and inhibitions through criminal law. The aim is also to ensure implementation of criminal policy in a democratic society based on the humanitarian principle leading to social integration of offenders and facilitating adequate satisfaction for crime victims. It should also deepen differentiation and individualisation of criminal liability of individuals and legal consequences resulting from such liability. It should enable, under strictly defined conditions, to draw liability of legal entities which shall be applied in accordance with liability of individuals. It should also to change the overall attitude towards the implication of sanctions.
The Draft Act on Proceedings at Administration Offices (the Code of Administrative Procedures)
The Draft Act is to be submitted to the Government in June 2001. The objective is a new regulation of administrative proceedings which should completely substitute Act No. 71/1967 Coll., on Administrative Proceedings (the Code of Administrative Procedures), as amended.
The Draft Act on Execution of Administrative of Procedures (the Code of Execution of Administrative Procedures)
The Draft Act is to be submitted to the Government in June 2001. The objective is to draw up a regulation efficiently ensuring the execution of administrative proceedings.
The Factual Legal Intention on Administrative Punishment
The Factual Legal Intention is to be submitted to the Government in December 2001. A subject shall be a material legal regulation and regulation of legal proceedings concerning administrative offences, including misdemeanours. Deviations from the general administrative proceedings shall be included as well.
The Draft Act on Tax and Customs Authorities
This Draft Act should newly organise competencies of customs and tax authorities outside the Ministry of Finance in an independent central body dealing with the administration of customs duties and taxes. Apart from other things it should extend the competencies of the relevant bodies as well as powers relating to the protection of economic interests of the Czech Republic.
The Draft Amendment to the Act on State Prosecutor’s Offices
The Amendment to this Act should contribute to higher efficiency for activities performed by the State Prosecutor’s Offices (the Draft Act on the State Prosecutor’ s Offices was rejected by the Chamber of Deputies in September 2000, in 2001 it was again approved by the Government and submitted to the Chamber of Deputies of the Czech Parliament).
The Draft Act Amending Some Acts Concerning Abolishment of District Authorities
Act No. 147/2000 Coll., on District Authorities will expire as of 31 December 2001 and as a consequence the competencies of District Authorities shall cease to exist. Therefore it is required to amend a range of legal regulations with the aim of solving the transfer of competencies from District Authorities to other authorities (e.g. Act No. 328/1999 Coll., Act No. 329/1999 Coll., Act No. 133/2000 Coll.).
The Draft Amendment to Act No. 101/2000 Coll., on Protection of Personal Data
This Amendment should legally resolve the position of the Office for Personal Data Protection and its employees, including inspectors and chairman. (This Amendment is being discussed in the Czech Parliament).
Continuous methodological and inspection activities will be performed with the aim of improving the transferred administrative activities relating to issuing identity cards, travel documents and registration of inhabitants.
Crime Prevention
The policy of prevention especially includes measures of a non-repressive nature aimed at crime prevention; such measures should minimise the risks and consequences relating to crime.
In 2000, the phase of crime prevention was closed. It had been defined by Government’s Resolution No. 209 from 1997 ”Crime Prevention Strategy Until 2000” and by the document of the Ministry of the Interior ”The Programme of the Ministry of the Interior Concerning Crime Prevention and Prevention of Abuse of Addictive Substances 1997-2000” which was approved by Resolution No. 32/2 dated 20 October 1997.
To date measures in the field of crime prevention were evaluated in “The Report on Meeting Tasks Arising from The Crime Prevention Strategy 1997-2000“. Simultaneously a new strategy – ”Crime Prevention Strategy 2001-2003” was prepared. Both documents were adopted by Government’s Resolution No. 1265 dated 11 December 2000.
I. Crime Prevention at Inter-ministerial Level
Conception, initiation and methodology of the preventative policy at inter-ministerial level and its actual implementation at the local levels was facilitated through the Republic Crime Prevention Committee for whose work the Ministry of Interior is responsible.16 Within this body the Ministry is responsible also for administration of subsidies aimed at financial help to the cities implementing ”The Comprehensive Cooperation Programme of the Crime Prevention at the Local Level” (hereinafter ”the Comprehensive Programme”). In 2000, the Comprehensive Programme was implemented in 66 cities of the Czech Republic. Within the framework of the Comprehensive Programme 480 projects were supported by the state with subsidies the total amount of which was CZK 84.7 million.
4. 267 million inhabitants live in the cities implementing the Comprehensive Programme (i.e. 41.6 % of the inhabitants of the Czech Republic). The Czech Police in these cities registered 63.6 % of the total crimes committed in the Czech Republic. The flats in these cities are burgled, cars and motorcycles are stolen twice as often as in other parts of the Czech Republic while thefts from cars occur three times as often as in other cities.
The programmes of individual ministries focus mainly on social prevention (enhanced family policy, training policy, policies relating to young people and employment policy). The following projects were supported:17
SITUATION prevention – technical equipment minimising crime (76 projects / CZK 45 182 thousand). Installation of camera monitoring systems rank among the most expensive but, of course, very efficient systems of crime prevention. Such systems create security zones in the areas known for the high number of street crimes.
SOCIAL prevention (354 projects / CZK 36 769 thousand). They are projects aimed at risky groups of children and youth, victims of crimes, socially handicapped Roma community population and other pathological social groups (homeless people, released convicts and drug addicts). The individual projects of social prevention are aimed at non-organised youth, potential (or actual) crime offenders and potential (or actual) victims of crimes.
INFORMING project – these projects inform citizens about the possible defence against crimes, current security risks in a relevant area, security of persons and property, establishment of emergency and advisory facilities, etc. (49 projects / CZK 2, 599 thousands).
A chain of mutually linked programmes, which, as shown by criminal statistics, contribute in some regions of the Czech Republic to stabilisation or even reduction in crime development, mainly those crimes the prevention is aimed at, has been established. In comparison with 1999, the number of crimes in 85 % of the cities included in the Comprehensive Programme declined. In 33 % of the cities included in this Programme criminal offences decreased by more than 10 %. Generally, it can be stated that crimes ascertained in the years 1997 – 2000 decreased by 3 %, while in the above stated cities there was a decline by 7 %. The decline in crimes against property for the Czech Republic was 6.5 % while in the cities involved in the Comprehensive Programme the decrease reached 12.1 %; the decline in crimes of violence and moral crimes was 5.4 % in the Czech Republic and in the selected cities 8.1 %. In terms of investigated and prosecuted persons, the Czech Republic saw a growth of 10 % and in the cities included in the Comprehensive Programme the increase reached 11.7 %. (See Table 55; a detailed evaluation is contained in the Annex to the 2000 Report on Meeting Tasks Arising from the Crime Prevention Strategy Until 2000 and on Setting Up the Priorities for 20001 which was submitted to the Czech Government in March 2001).
In spite of the positive results of prevention crime programmes implemented in some cities their future continuation remains a problem because of a reduction in funds from the state budget. Cities are not able to gather the required funds on their own or from other sources. Slow changes made in the work of the police remain another problem. The police are primarily oriented towards clearing up reported crime offences and there is a lack of preventative work – advisory work, communication with citizens and work among children and youth.
II. Crime Prevention System within the Ministry of the Interior
Establishment of preventative elements and integration of the Czech Police into the preventative systems at the local level is implemented through Preventative Information Groups. At the end of 2000 there were 73 of them and they worked with Regional, District, and Municipal Czech Police Headquarters. Moreover, there are 6 Police Advisory Centres for the public. Their activities are focused on cooperation with local bodies of public administration while preparing and implementing preventative measures, on advisory and information service provided to citizens as well as on communication with mass media (e.g. a videocassette ”A Policeman in Contact with Media”). A significant preventative role is played by TV programmes such as "On the Scent" or programmes through which the Czech Police are searching for missing persons or offenders (in 1999, the efficiency rate in searching for missing persons was about 25 %).
A formal kind of cooperation between the Ministry of the Interior and non-governmental entities in crime prevention is the Advisory Committee of the Ministry of the Interior, which is comprised of insurance companies, security technology companies, municipal police corps, banks, non-governmental organisations, etc.
The training programmes and seminars for the Czech Police and Municipal Police staff working in the area of prevention, for city representatives and other experts working in the field of prevention continued. A project "Street Law - Law for Every Day" ranks among the concepts of police training. It is a special training course for policemen involved in lectures to risky youth. Such lectures concentrate on increasing legal consciousness, anti-drug prevention and on treating crime victims.
A project "Secured Society" strives to influence the public through the mass media, it stimulates co-responsibility of citizens for their own security and the security situation in the place of their residence and it should increase the trust of citizens in the police and law. The proactive medial strategy has seen an increase in interest of the media in prevention crime issues. A training videocassette ”A Policeman in Contact with the Media” was made.
The Ministry of the Interior publishes its own books and publications such as 1999 Prevention Crime Year-Book, The Handbook of Citizens’ Defence Against Corruption, The International Convention on Elimination of All Forms of Racial Discrimination, A Key to Security. The Following booklets were aimed for policemen – A Pocket Address Book for Policemen – Who Should Police Contact in the Case of People in a Difficult Life Situation; The Human Rights and Their Protection Within International Law; The Police and Human Rights; Crime and Addiction Other than Alcohol. An important role is played by the professional, popular monthly Policista (Policeman) and quarterly published Kriminalistika (Criminological Practice). Both the mentioned journals are also published on the Ministry of the Interior’s web sites. Promotion of preventative activities of the Ministry of the Interior and the Czech Police influencing citizens’ approach to more secure behaviour and informing the population on various options of defence against crimes were implemented by repeated expositions at exhibitions Pragoalarm 2000, Autotec, IDET and also on the Ministry of the Interior’s web sites.
In the field of international cooperation the Ministry of the Interior is responsible for involvement of the Czech Republic in the ”UN Programme of Crime Prevention and Criminal Justice” which is implemented by the UN Commission for Crime Prevention and Criminal Judicial System. This Commission represents a professional body of the UN Economic and Social Council for the area of interior affairs and justice. The Czech Republic is an observer at this Commission and it has applied to become a candidate in 2001. The Czech Republic presented activities concerning crime prevention at the local level, the fight against organised crime and corruption and in the field of prevention and fight against trafficking in women at the 10th World Congress of Crime Prevention and Treating Offenders.
The Ministry of the Interior’s member is a Czech representative in the Council of Europe’s Permanent Committee for the European Convention Concerning Spectator Violence and Misbehaviour at Sports Events, especially Football Matches. In 2000, the Czech representative was elected the First Vice-Chairman of this body. The Czech Republic also coordinates the working group for combating spectator violence which was established on the basis of the decision taken by the meeting of the Ministers of the Interior of the Czech Republic, Slovakia, Poland, Hungary and Austria.
Furthermore, the Ministry of the Interior is responsible for the involvement of the Czech Republic into the Council of Europe’s Programme ”The Police and Human Rights”: representatives of the Ministry of the Interior participate in activities of working parties established to draw up a Code of Conduct for the police or multilateral events aimed at preventing abuse of women and children.
The security risks for 2000 were in terms of crime prevention accentuated mainly in extremist crime, in unlawful conduct relating to narcotic drugs and psychotropic substances, in crimes committed by youth, car theft and theft from cars and in the prevention of trafficking in women and children. Preventative measures are described in full detail in individual chapters hereof.
CZK 3.9 million was used for the prevention crime project Implementation and prevention of abuse of addictive substances.
I. Inter-departmental Level
The Ministries and related bodies associated in the Republic Crime Prevention Committee will draw up, on the basis of ”Crime Prevention Strategy for 2001 – 2003”, their internal crime prevention strategies. A part of such Strategies will transfer these preventative actions to the level of regions and municipalities.
To implement the Comprehensive Programme in 88 cities of the Czech Republic (22 new cities) which reported a high crime rate and presence of other risky criminal factors.
To evaluate measures required from the ministries by Government’s Resolution No. 1032 dated 6 October 1999 concerning ”The Proposal for a Systematic Approach to the Care of Child and Juvenile Delinquents” including the assessment of a pilot inter-departmental project and activities of the Prompt Intervention Centre in Ostrava.
To implement assignments resulting from the ”National Plan to Combat the Commercial Sexual Abuse of Children” (adopted by Government’s Resolution No. 698 on 12 July 2000).
To implement pilot projects related to spectator violence. One of the activities is the establishment of a Junior Fan Club against violence. Such activities are responses to the tasks resulting from Article 3 of the European Convention Concerning Spectator Violence. It involves the active participation of sports fans, development of fair play ideas, etc. This Project will be aimed at the youngest football and ice hockey fans that are not burdened with the manifestations of pathological behaviour. Another activity is the inclusion of spectator violence into the ”Minimum Preventative Programme of Schools and Educational Facilities”.
To implement training programmes for prevention crime managers, municipal police corps, the Czech Police at the level of municipalities and regions, in other words for those who are involved in implementing the Comprehensive Programme.
II. Internal Level
To draw up the Ministry of the Interior’s Crime Prevention Programme and Programme to Prevent Abuse Addictive Substance for 2001 – 2003. The emphasis will be put on prevention of crimes involving drugs, prevention of crimes of violence and also assistance to the victims of crimes.
To analyse the situation in crimes involving drugs in Prague; on this basis to draw up the report on the situation and to propose a pilot project aimed at reducing the offer and availability of drugs in Prague. The objective of such a project is to implement it first in Prague and after evaluation to prepare the methods to implement similar projects in other cities of the Czech Republic; to make the police work in the field of drugs more effective; to improve the professional approach of policemen in dealing with drug addicts suspected of crimes or committing misdemeanours.
To transform police work to a service for the public while stressing adherence to and respect for human rights, to orient police activities towards the needs of community, cooperation with citizens and the establishment of actual, professional attitudes and trustworthy relations (community policing). To support the Professional Information and Documentary Centre for the Education of Human Rights (seminars, development of the Police Code of Conduct, consultations, etc.) which performs its activities under the Secondary Police School of the Ministry of the Interior in Prague.
In cooperation with the Advisory Body for Situational Prevention and the Ministry for Local Development to draw up starting points of implementation of the project Security Location the objective of which is to minimise conditions for committing crime in certain locations utilising urban planning – i.e. to design and construct buildings using up-to-date technology and to secure and the houses by utilising lighting or special refurbishment, to reconstruct and better arrange the older residential quarters .
To implement the project "Prevention, Suppression and Punishment of Trading in Human Beings Especially in Women and Children” which forms a part of the ”World-wide Programme Aimed against Trafficking in People” implemented by the Centre for International Crime Prevention with the Office of the United Nations for Control of Drugs and Crime Prevention in cooperation with the International Institution of the United Nations for The Research of Crimes and Judicial Systems”. The objective is to make criminal law more responsive towards trading in human beings – to enter into cooperation with the countries of origin, transit countries and target countries of trading in people, to improve detection, substantiation and punishment of such crimes and to strengthen protection of victims and witnesses of trafficking in people. This project is meant for the Czech Republic and Poland, the other partner countries are Austria, Germany, the Netherlands, and Finland.
The Ministry of the Interior is also responsible for the inter-departmental Coordination Committee responsible for the area of spectator violence and misbehaviour at sports events, especially football matches. The activities of this Committee were aimed mainly at improvement of the police work in preventing and punishing manifestations of spectator violence, mainly the violence of football fans, and at the co-operation of the police with sports clubs.
European Integration, International Cooperation
The European Union
The Czech Republic’ foreign policy priorities include EU membership. On 31 March 1998, the official bilateral Inter-governmental Conference of the EU – the Czech Republic on the Czech Republic’s accession to the EU commenced. The first phase of the Inter-governmental Conference consisting in technical negotiation (legislation screening) began in April 1998 and was closed in July 1999. The Acquis was adopted after closing the screening of individual negotiation chapters which were gradually screened during 2000. In autumn 1999, the second phase of the Inter-governmental Conference was simultaneously launched – negotiations about conditions under which the Czech Republic can accede to the EU. To date All the 29 Negotiation Chapters have been open to negotiations, while 13 chapters were preliminarily closed.
The majority of the internal security areas are being negotiated Chapter 24: ”Cooperation in the fields of Justice and home Affairs; Schengen“ (hereinafter the JHA Chapter; justice and home affairs). In September 2000, additional screening of acquis JHA Chapter adopted after 31 December 1998 was performed.
The acquis adopted by that date was subject to screening negotiations held in February, March, and November 1999.
Negotiations on JHA Chapter officially commenced on 26 May 2000 at the Inter-governmental Conference at the level of official representatives. Simultaneously the Czech Republic received from the EU a Joint Position concerning JHA Chapter. This document reacted to the information the EU had received within the screening and from the Czech Republic’s Position Paper relating to JHA Chapter. The EU formulated additional questions and requirements asking for additional information on the basis of which the Ministry of the Interior drew up Supplementary Information to JHA Chapter, which were submitted to the EU on 4 August 2000.
The Position Paper on JHA Chapter was approved by Government’s Resolution No. 1234 dated 22 November 1999; the Position Paper was submitted to the EU on 30 November 1999 and in it the Czech Republic required a transition period until 2005 to be able to implement requirements of the Decision of the Executive Committee SCH/Com-ex (94) 17 rev 4 – 22 December 1994, concerning implementation of the Schengen system at the airports of 1st and 2nd categories, i.e. at the airport Prague – Ruzynì – the Ministry of Transport and Communications is responsible for this issue. The Czech Republic is currently negotiating this matter with the EU while clarifying the issues whether the Schengen acquis has to be completely implemented by the date the Czech Republic joins the EU or whether it is possible to implement it fully after that date.
The Ministry of the Interior is drawing up the second Supplementary Information to Chapter JHA, whose aim is to inform the EU on the progress made within JHA Chapter from the submission of the first Supplementary Information to JHA Chapter. The objective is also to get from the EU information required for implementing the National Schengen Information System.
The Ministry of the Interior developed an undated version of the Chapter on Justice and Home Affairs and the Chapter on Anticorruption Measures of the National Programme to Prepare the Czech Republic for EU Membership and other parts of the National Programme that directly relate to the duties and responsibilities of the Ministry of the Interior. The National Programme was approved by Government’s Resolution No. 521 dated 31 May 2000.
Preparation and the implementation of Phare Programmes have continued
Two projects were prepared within The Phare programme 1997: the Ministry of the Interior’s project contributing to machine readable documents in the Czech Republic and a project aimed at building a model working site for the immigration and border police where the technical equipment and software to be used at border crossings could be tested. The following projects were approved within Phare 1998: ”National Border Protection Improvement” (implemented through so called twinning) and ”Strengthening Institutions for Law Enforcement” which includes three sub-projects 3: ”A Comprehensive System for Czech Police Human Resource management /Professional Training Programme for Policemen and the Ministry of the Interior’s Employees” (twinning), ”The Study on Measures Adopted to Improve Communication Systems of Institutions for Law Enforcement” and ”Asylum Institutions Strengthening”. Within Phare 1999 the following project was approved: ”Strengthening Institutions for Law and Justice System Enforcement” comprising 4 sub-projects, the Ministry of the Interior being responsible for 3 of them implemented in the form of twinning projects: ”Combating Economic Crime”, ”Preparation for The Practical Implementation of Schengen Agreements”, ”Strengthening Institutions against Organised Crime”. Within Phare 2000 the following projects have been approved: ”Strengthening the Struggle against Organised Crime” (twinning) and “The Schengen Information System and the National Border Protection”. Phare 2001 projects are being drafted at the moment.
A Mission of EU experts visited the Czech Republic on 20 – 24 November 2000. This mission followed up the similar mission held in 1997. They arrived with the objective to assess our preparation for EU membership in the areas of justice and home affairs and to draw up a list of insufficiencies and needs in the field of training and supplies of equipment. The collected findings will become the basis for the future evaluation of the Czech Republic’ s preparation for joining the EU in terms of justice and home affairs and will become guidelines for the approval of Phare projects.
The Regular Evaluation Report of the European Union on Czech Republic’s Preparation for EU Membership (published on 8 November 2000) pays considerable attention to the field of justice and home affairs and anticorruption measures. Criticism of these areas appears in several parts of the Report. The progress made is predominantly assessed as unsatisfactory and insufficient in the following areas: the national border protection, combating corruption, frauds, economic and organised crime and police cooperation. On the other hand, progress has been made in the field of visa policy, migration and asylum policy and personal data protection. The Regular Report states there is a permanent problem of corruption and economic crime and combating these kinds of rimes is perceived as insufficient. Furthermore, it states the inefficiency of the ”Clean Hands” action and stresses that this field requires considerable political efforts and visible results. As in the previous Regular Report the situation in the police prison wards of preventive custody, trafficking in women and children and the non-existence of the independent second instance for rejected asylum seekers were criticised.
In February 2000, the Czech Government adopted an extensive programme of ”The Judiciary Reform” aimed at administration and structure of courts, the independence of the judicial system and training as well as a comprehensive re-codification of the Civil, Commercial, and Criminal Codes. Progress was made by approving the amendments to the Civil Procedure Rules and the Commercial Code (both amendments will come into force in January 2001). These new regulations are to simplify and speed up civil and commercial trials in terms of interlocutory judgements, submitting evidences, rules regulating options for appeals, enforcement of pronounced sentences, and the Companies’ Register. From January 2001, inefficient regional commercial courts will be abolished. Draft amendments to the Criminal Code and the Code of Criminal Procedure as well as draft amendments to the Constitution concerning court independence and functional structures of courts were, however, rejected by the Parliament as insufficiently prepared. This led to the crisis in the legislative schedule followed by a significant delay in the reform’s deadline. To retain the dynamics of the judiciary reform it is essential to effectively implement and enforce the EC acquis.
Criticism in the field of justice and home affairs is also projected to an evaluation of the Accession Partnership where the European Commission states that insufficient progress has been made when reaching this priority. Generally, it may be said, the Regular Report evaluates the situation under the responsibility of the Ministry of the Interior objectively and only in some points inaccuracies can be found. The government approved, through its resolution No. 66 from 17 January 2001 ”Measures Resulting from the Regular Report of the European Commission on the Progress Made by the Czech Republic in the Process of Its Accession to the EU” where both legislative and non-legislative tasks aimed at removing the insufficiencies mentioned in the Regular Report are described. (The measures relating to internal security, in particular to illegal migration, major economic crime, corruption, and organised crime are described in the relevant chapters of this Report).
International Treaties and Agreements
The agreements in effect:
In the year monitored, a range of treaty documents concerning the internal security were agreed (some of them have not entered into force yet):
An Agreement between the Government of the Czech Republic and the Government of the Italian Republic on Cooperation in Combating Terrorism, Organised Crime and Illicit Trade in Narcotic Drugs and Psychotropic Substances was signed on 22 March 1999 – and came into effect on 15 December 1999.
Arrangements on Assisting Voluntary Return of Unsuccessful Slovak Asylum Seekers in the Czech Republic concluded between the Czech Ministry of the Interior and the International Organisation for Migration (IOM), was signed and came into effect on 6 December 2000.
Presidential Agreements:
An Agreement between the Czech Republic and Poland on Cooperation in the National Border Issues, signed on 25 May 1999 has not been ratified yet.
An Agreement between the Czech Republic and Poland on Cooperation in Border Clearance in Railway and Road Transport, signed on 25 may 1999 but has not been ratified yet.
An Agreement between the Czech Republic and the Slovak Republic on Facilitating Border Clearance in Railway, Road, and Water Transport, signed on 25 May 1999. The ratification instruments were exchanged on 12 December 2000; it will come into force on 12 March 2001.
An Agreement between the Czech Republic and the Federal Republic of Germany on Cooperation of Police Forces and Authorities Performing National Border Protection in the Border Areas, signed on 19 September 2000 but it has not come into force yet.
Governmental Agreements:
An Agreement between the Government of the Czech Republic and the Government of the Croatian Republic on Cooperation in Combating Organised Crime, Illicit Trade in Narcotic Drugs and Psychotropic Substances, Terrorism, and Other Kinds of Serious Crime, signed on 30 November 1999; but has not come into force yet.
An Agreement between the Government of Czech Republic and the Government of Croatian Republic on Delivery of Persons at the National Border signed on 30 November 1999; but has not come into force yet.
An Agreement between the Government of the Czech Republic and the Government of the Latvian Republic on Cooperation in Combating terrorism, Illicit Trade in Narcotic Drugs and Psychotropic Substances and Organised crime. It has been discussed at the level of experts and signed on 14 November 2000. It has not come into force yet.
Ministerial Level:
The Protocol between the Ministry of the Interior of the Czech Republic and the Ministry of the Interior of the Croatian Republic Implementing the Agreement between the Government of the Czech Republic and the Government of the Croatian Republic on Delivery of Persons at the National Border dated 30 November 1999, was signed on 30 November 1999; in has not come into force yet.
The Arrangements between the Ministry of the Interior of the Czech Republic and the Ministry of the Interior of the Republic of Slovenia to Implement the Agreement between the Government of the Czech Republic and the Government of the Republic of Slovenia on Delivery of Persons at the National Border date – will be concluded.
The Implementing Arrangements concerning the Readmission Agreement with France by Exchanging the Diplomatic Notes - will be concluded.
Multilateral Agreements the Czech Republic Has Acceded To or Is Preparing to Accede To:
The European Convention on Control, Acquisition and Holding of Firearms by Individuals (1978); just prior to depositing the ratifying instrument.
The Treaty on the Illicit Trade by Sea implementing Article 17 of the UN Convention against the Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (1995); proposal for signing this Treaty was approved by the Government, according to unofficial information from the Ministry of Foreign Affairs thus Treaty was signed by the Czech party on 12 December 2000.
The UN Convention on International Organised Crime; signed by the Czech party on 12 December 2000.
In 2000, a number of bilateral contacts were maintained at the level of the Ministry of the Interior’s management.
Sending policemen to the peace missions abroad is considered to be a key part of international police cooperation. Currently, 23 policemen operate in Kosovo and 6 policemen in Bosnia and Herzegovina.
A new updating of the National Programme to Prepare the Czech Republic for EU Membership, drawing up the second Supplementary Information to JHA Chapter, preparation and negotiations concerning JHA Chapter and continuous preparation for negotiations on conditions (concerning the Ministry of the Interior) under which the Czech Republic accede to the EU are the priorities for the upcoming period.
The activities elaborated in the previous year will be continued and a range of international agreements will be negotiated: readmission agreements with Algeria, Benelux, (the initiative of the other contracting party), Byelorussia, Bulgaria (the Amendment to the Agreement signed in 1998), the People’s Republic of China, India, Iraq, Iran, Italy (initiated by the Italian party- they have not responded to our proposal), Moldavia, Macedonia, the Russian Federation (Russia has refused any similar arrangements so far, the arrangements will be again initiated by the Ministry of the Interior), Slovakia (will supplement the current readmission agreement from 1997), Yugoslavia, Sri Lanka, Ukraine (in 1999 a Draft Agreement was submitted to Ukraine – they have not responded yet), and Vietnam rank among priorities.
Agreements about police cooperation are being drawing up with the following countries: Belgium, Byelorussia, the People’s Republic of China, Hungary (the amendment to the Agreement from 1994), Moldavia, Poland (in 1999 under the mutual agreement with Poland the Czech party sent to the Polish party a draft agreement which should supplement the current Agreement on Cooperation between the Federal Ministry of the Interior of the CZFR and the Ministry of the Interior of Poland from 1991), Romania, the Russian Federation (in 1999 a draft agreement was sent to the Russian party, it will be urged in the near future), Slovakia, Switzerland, Vietnam and if possible also with Egypt, Macedonia, Austria, Greece, Spain, and Sweden.
An emphasis will be placed on newly established contacts with the European security structures, particularly with Europol, international police cooperation will continue through communication with Interpol and policemen will be sent to the peace missions. Attention will be paid to the role of the Czech and foreign police liaison.
The Ministry of the Interior Human Resources, Training, Organisation, and Economic Activities
The Ministry of the Interior and the Czech Police, as a guarantor of internal security, adopted a number of other measures. Besides targeted security actions aimed at certain kinds of crime and certain crisis locations, the emphasis was put on coordination and control activities, even some economic, personnel, training and organisational activities are related to the internal security. Therefore, basic information and data concerning these areas is included in a part called ” Internal Security Policy”.
Human Resources
Staffing of Ministry of the Interior and the Czech Police Units, Structure of Education and Recruitment
As of 31 December 2000, the number of employees at all units within the responsibility of the Ministry of the Interior is 63,696, out of this number 72 % were policemen and 28 % were civil employees. Of the total number of employees there were 15,538 women, of which 4,914 were policewomen (10.7 %). The total staffing of the Ministry remains stable with 95.4 % (in 1999 the total staffing was 95.7 %).
At the regional level the numbers of policemen increased by 597, while the number of civil employees declined by 1,132. As in 1999, the largest number of open positions remains in Central Bohemia and in Prague. The number of policemen as well as civil employees rose at the Bureaux of Investigation. The most open positions are at the Bureau of Investigation for the Czech Republic.
The structure of education is quite satisfactory and remains stable. Of the total number of policemen/civil employees 16 % of policemen /14 % of civil employees are university graduates, 81 % /51 % have secondary education and 3 % / 35 % have primary education.
A total of 1,648 (-527) policemen terminated their job with the Czech Police. A decline in the number of policemen who were laid off in accordance with the reasons stipulated in Sec. 106 (1d) (breaching of oath or breaching of duties by especially severe manner) was recorded; from 5.9 % in 1999 (128 policemen) to 5.6 % in 2000 (93 policemen).
Employment of 3,366 civil employees was terminated .
The problems in the area of human resources, disclosed in the 1999 Report, have remained - there is not a career development code, including performance appraisals and remuneration system, there are too many ranks which do not correspond to the number of functional levels, and moreover the ranks used frequently do not correspond to the functions performed. The current system of performance appraisal based on the criteria of numbers of crimes cleared up and the number of repressive interventions, covers only a small part of police work and does not enable a shift to predominantly preventative and proactive work.
The work (commenced in 1999 after the approval by the European Commission in Brussels) on Phare twining project “Comprehensive Human Resources Management for the Czech Police / Professional Training Programme for Policemen and the Czech Ministry of the Interior’s Staff " must be closed by 30 June2001. The results will have to be processed and submitted in the form of draft legal regulations which should establish preconditions for the Czech Police reconstruction in order that the Police comply with the EU standards of:
The essential principals of a career order (a set of clear, unambiguous rules motivating for career promotion will ensure the promotion of the best candidates for holding offices, and thus guarantee the continual development of the Czech Police) were incorporated into the draft act on service of the security forces. A new system of performance appraisal of policemen and police units corresponds to the aforementioned conception. The pilot evaluation and training of performance appraisers were held in two regions. The results of the pilot evaluation showed that, in spite of initial distrust, two thirds of appraisers accepted a new system of performance appraisals positively. The basis of a system providing port-traumatic care to policemen was established. The basis for implementation of quality management to the Czech Police was also laid down.
The current assignment for the next period remains preparation for EU membership and efforts to approximate personnel work in the Ministry of the Interior and policemen’s preparation to the EU standards.
By the end of April 2001, a Draft Act on service of the security forces will be submitted to the Government. This Draft Act has been fully harmonised with the Draft Act on the Service of Civil Servants in State Bodies and on the Remuneration of Civil Servants and Other Employees in Public Authorities (the State Service Act). Until then, it is required to resolve the issue of policemen’s remuneration with regard to the specific features of police work, a new career order and a new system of performance appraisal within the Czech Police
In cooperation with Germany and the United Kingdom intensive work on twinning Phare project No. 9808-02/1 "Strengthening Law/Asylum Institution Enforcement " whose part is a sub-project aimed at developing a comprehensive system of human resource management in the Czech Police and at implementing a programme of professional training and exercises for the Czech Police and the Ministry of the Interior’s staff. This project will be followed up by a twinning agreement and, in cooperation with Germany, by implementation of a Phare 2001 project the objective of which is to implement quality management in the Czech Police. The Government through its Resolution dated 10 May 2000 on the National Policy Aimed at Quality Support established its advisory and coordinating body, ” The Council of the Czech Republic for Quality”. The Council of the Ministry of the Interior for Quality was set up as well. It is aimed at supporting management development and enforcement of a quality policy in the Czech Republic in compliance with a policy for quality development in the EU Member States.
A planned target is to create a comprehensive personnel strategy including establishment of:
- a key starting point will be the need of police practice;
- modification of classical training to exercise and education;
- cost efficiency and effectiveness;
- comparativeness with preparation of policemen and the Ministries of the Interior staff in the EU Member States;
Training
In the field of training the intensive work on the twinning Phare project "Strengthening Law/Asylum Institution Enforcement" continued. The first results were the principles of a new model of professional preparation of policemen and the concept of an integrated exercise for policemen. A new model of professional policemen’s preparation is based on the principles of a newly drafted career order which assumes to determine a set of qualification requirements for performance of individual jobs within the Czech Police. Newly hired policemen will be provided an initial training in the form of post-secondary professional education aimed at ”Security Legal Activities” as well as in the form of other professional training courses involving the same issues. A series of special training courses focused on meeting professional and qualification requirements have been prepared as well. Those courses will be followed up by other professional policemen’s preparation a part of which will be a newly developed integrated policemen’s exercises.
The System of Education within the Ministry of the Interior:
The basis of the system of education within the Ministry of the Interior is represented by the secondary police school of the Ministry of the Interior. In the year monitored, the basic professional training was finished by 1,954 students while 2,130 students enrolled. 688 attended re-qualification courses and 9,933 students participated in innovation courses. In addition 6,845 policemen were trained for work with a new communication system - "Pegas" (within their preparation for the meeting of the IMF and the World Bank). 2 one-month courses – ”Preparation of Minority Citizens for Work with the Czech Police” were held with the financial assistance and in cooperation with trainers from the United Kingdom. Successful participants continued in a five-month preparatory courses for minority citizens with the aim to enrol into two-year courses through which they will finish the complete secondary education. Attention was also devoted to updating the syllabus and curricula.
The Police Academy of the Czech Republic
Educational Police Centres
International cooperation continued on the basis of multilateral as well as bilateral agreements:
The Association of European Police Colleges
The Central European Police Academy
At the bilateral level, cooperation with Germany continued. The cooperation with Bavarian Foundation of Hanns Seidel included in total 50 business trips of our policemen and visits from Germany. It brings the mutual exchange of professional knowledge and contributes to the establishment of personal and professional relations among policemen. The Provincial Ministry of the Interior of Saxony participates as a twinning partner in solution of the aforementioned Phare 98 project, language teaching and implementing professional seminars concerning crime prevention issues, police powers and competencies in the conditions of a legal state, across border co-operation and protection of classified information. 44 Czech policemen attended such events.
The cooperation with a Dutch party has been considerably enlivened. In particular, ”multicultural” police education and ”coach” training (i.e. the method of introduction of new policemen to their duties and responsibilities) were organised. The Dutch party also assisted in the establishment of a Human Rights Centre in Prague. Individual police schools cooperate as well.
In September 2000, the FBI Office in Prague was set up which markedly increased mutual contacts. FBI trainers organised the seminar ”Advance Organised Crime” which was held for 56 participants of the Czech Police and justice. Seminars ”Investigation and Interrogation” and ”Combating Organised Crime” are being prepared for 2001.
The cooperation with a Canadian party continued as well. In addition to human resource management other activities focused on combating organised crime (seminars such as ”Secret Operations” ”Investigation Techniques Relating to Crime Profits”, ”Management and Cooperation of Police Units”). In the future, this cooperation should concentrate on the area of human rights, training and instructions concerning ”coaching” while introducing those who have just finished basic preparation to police service duties, and the establishment of a multimedia training system within professional preparation.
Other training activities responded to the current needs, a number of them resulted from the National Programme to Prepare the Czech Republic for EU Membership and Government’s Resolutions, mainly:
the implementation of professional seminars for the purpose of exchange information within international police cooperation in the field of combating trade in narcotic drugs, corruption, organised crime, and money laundering (September 2000 – July 2001 and as needed);
the implementation of courses and exercises in effective practical procedures and training of trainers (August 2000 – July 2001); secondments, exchange of materials and information; participation in conferences, etc.;
the organisation of two special detective courses in London;
a course on corruption and financial frauds was launched at the Police Academy of the Czech Republic (for 52 participants of the involved ministries; it will be closed in June 2001);
there were 7 courses for intelligence service staff;
the implementation of training courses for policemen to eliminate their racial and xenophobic prejudices. (In October 2000 a pilot seminar the topic of which was ”Police Work in the Field of National Minority Protection ” was held in a training facility in of the Ministry of the Interior in Solenice. This seminar was a part of the Czech-British project ”The Role of Contemporary Police in a Democratic Society and Cooperation with National Minorities”. The instruction was provided by British trainers and the seminar was attended by policemen from the whole Czech Republic, the Ministry of the Interior’s staff and representatives of national minorities).
The activities planned for the future will follow up the actives held in the year monitored.
In 2001, new courses were launched with the aim to train their attendants in the effective practical procedures needed in combating narcotic drugs, corruption, organised crime, money laundering (by 31 July 2001).
Basic strategic principles arising mainly from the needs and satisfaction rate of citizens will be preferred. The objects of training courses and exercises is to prepare policemen who will be able to react professionally yet sensitively to social needs and who will create a new image of the Czech Police marked by high ethical standards. This means that such objectives will support tendencies leading towards training and exercises based on competencies, the involvement of professional needs and will strengthen the responsibility of each policeman for his/her professional development.
Suggested Activities:
To continue implementing Phare 98 project "Strengthening Law/Asylum Institution Enforcement".
To cooperate with the Ministry of Education, Youth and Sports (hereinafter ”the MEYS”) while drawing up the Act on Pre-school, Primary, Secondary, Post-Secondary and Out-of school Education (the Educational Act) with the aim to create the conditions for compatibility of police professional training with public education.
To draw up and implement a new system of development and innovation of training programmes flexibly responding to police service needs.
To create conditions for university education of Czech Police members in compliance with the concept of a career order, especially conditions for good performance of the Police Academy of the Czech Republic.
To enhance the system of collection, analysis and further utilising of information in the educational system of policemen and of civil employees of the Czech Police with the objective to create conditions for a long-term conceptual development of the system of education and practical exercises of policemen as well as civil employees of the Czech Police.
To coordinate participation of the members of the management of the Ministry of the Interior and the Czech Police in selected courses and seminars organised with the AEPC cooperation (the Association of European Police Colleges).
To participate in the improvement of the international training project – the Central European Police Academy in cooperation with the AEPC.
To continue implementing the Czech-British project ”The Role of Contemporary Police in a Democratic Society and Cooperation with National Minorities”.
To continue cooperating with foreign partners.
Organisation
During the course of 2000, the organisational structure of the Ministry of the Interior changed markedly. The Office of the Ministry was established to streamline the organisation of competencies and responsibilities of the Ministry of the Interior as one of the central bodies of state administration. This office also involves the departments of the Ministry dealing with internal administration. The Department of Security Police was newly set up. Its employees mainly ensure the responsibilities of the Ministry in the field of the internal security policy of the Government. Another newly established department was the Department of Asylum and Migration Policy that unifies, from the organisational point of view, the central state administration in the field of refugees and migration.
In terms of the need to unambiguously determine responsibilities and create organisational preconditions for the execution of the Ministry’s competencies in the field of fire protection, an integrated rescue system, and civil emergency planning a new position of a Vice – Minister responsible for the aforementioned field was set up. This new division is also responsible for taking over civil defence from the Ministry of Defence for ensuring the tasks arising from Act No. 133/1985 Coll., as amended, Act No. 238/2000 Coll., Act No. 239/2000 Coll. and Act No. 240/2000 Coll. From the 1 January 2001 the aforementioned assignments will be carried out by the Fire Brigade Headquarters of the Czech Republic managed by its general manager together with the Vice-Minister. A reorganisation of the communication and information systems of the Ministry was carried out.
The organisation of the Czech Police was more or less stable in 2000. However, intensive work on restructuring some police services continued. A new governing unit was established within the Criminal Police – the Criminal Authority of the Police Presidium of the Czech Republic. (Its establishment meant the elimination of some duplicities in administration, as well as in execution and such an organisational change was shown to be cost effective also). Three units – with republic-wide competencies – were established: the National Anti-drug Headquarters of the Criminal Police (it was positively reflected in the system of the anti-drug strategy of the Czech Police, since it performs as an unifying elements of all police units aimed at combating the trade in narcotic drugs); the Department of Special Activities of the Criminal Police and the Department of Specific Activities of the Criminal Police. These organisational changes were made with effect from 15 January 2001.
To establish in the years 2000 - 2002 a unit with nation-wide powers and responsibilities meeting the tasks of the immigration and border police; the border police were gradually integrated into the regional police administration offices. Other required measures will be adopted in 2001.
In terms of future harmonisation of the activities of the Czech Police with EU security structures in the fields of justice and home affairs, i.e. with respect to future involvement of the Czech Police in the execution of international police cooperation within Europol and integration into the Schengen system of police cooperation, a new organisational structure of the Department of International Police Cooperation has been drawn up. Group ”Europol” will ensure preparation and will act as a base of a future national unit of Europol under the future agreement on operative cooperation. Group "Sirene" will be responsible for establishment of a future Sirene office in the Czech Republic and simultaneously will facilitate coordination of the assignment of the Czech Police resulting from the Schengen acquis (the reorganisation came into effect on 1 March 2001).
Economy
The fundamental economic priorities were as follows:
To financially ensure the National Programme to Prepare the Czech Republic for EU Membership. In compliance with the requirement of the Ministry of Finance of the Czech Republic (hereinafter ”the MF”) programme documentation containing the requirements of the state budget up to 2005 within ISPROFIN financing was drawn up. In terms of transparent financing new sub-programmes within this main programme were set up.
To delimit funds with respect to the transfer of an administration agenda from the Czech Police to District Authorities for 2000.
With respect to the economy to delimit units of the Ministry of Defence (budget funds and assets, investments and employees) and transfer them to the Ministry of the Interior.
To ensure cooperation of individual units of the Czech Police during security events connected with the IMF meeting in Prague in September 2000 – to build up and put into operations a network in Prague and Central Bohemia.
To build a radio-communication system based on Tetrapol technology within the scope given by the contract for the needs of the Integrated Rescue System.
A Brief Analysis of Utilising Budget Funds
The budget chapter of the Ministry of the Interior in relation to the Czech Police was affected as follows:
Temporary budget: it caused delayed invitations for tenders and purchases of some kinds of materials.
Reduction in the budget chapter of the Ministry of the Interior by CZK 107, 062 thousand due to the transfer of some administration activities from the Czech Police to District Authorities from 1 July 2000 including a number of employees and respective funds.
Increasing the budget from the chapter Public Cash Management and Budget Reserves by CZK 156,735 thousand to ensure the Meeting of the Council of Governors of the International Monetary Fund and World Bank; of this amount, CZK 50 million to strengthen remuneration funds including relating expenses, CZK 16 million and CZK 90.735 thousand to expenses determined for the finance reproduction of intangible assess (e.g. to build management centre and distribution of a radio-communication signal PEGAS in the Prague underground – CZK 39 million).
Increasing the budget from the Chapter of the Ministry of Health by CZK 28,472 thousand to facilitate the Air Rescue Service by the Air Service of the Czech Police.
Increasing the budget chapter by CZK 15 000 thousand to organise elections to one third of the Senate of the Czech Parliament to Regional Parliaments.
To facilitate the construction of a radio-communication system of the main units of the Integrated Rescue System (PEGAS) for the Czech Police financed through a loan with a state guarantee made by Konsolidacni banka.
Through the Ministry of Finance to buy four cars, used during the IMF meeting, for the Czech Police and Fire Brigades of the Czech Republic.
To purchase a Bell 412 EP helicopter at the end of 2000 (CZK 86 million from the budget of the Ministry of the Interior and CZK 2000 million from VPS).
Meeting the National Programme to Prepare the Czech Republic for EU Membership within which an amount of CZK 540, 920 will be used for the following programmes: the National Schengen Information System, Modernisation of Visa Process, Checking up of People at the Border and Inland, Asylum Institution Reform, The Programme to Combat Organised Crime, and Witness protection in the Czech Republic.
Development and renovation of the communication system infrastructure within the Ministry of the Interior (HELIOS).
Increasing the budget chapter of the Ministry of the Interior with purposeful funds amounting to CZK 235,995 to solve the consequences of the Kosovo crisis and to operate a standard network of refugee camps.
In total, CZK 3.9 million from the Ministry of the Interior’s budget was singled out for The Crime Prevention Programme and CZK 84.000 thousand was singled out from the chapter General Cash Management to fully coordinate The Prevention Crime Programme with a Drug Addiction Prevention Programme at local levels. The latter amount was released in four phases for all involved entities.
In the framework of the approved budget, the amount of CZK 90,000 thousand was singled out for the Czech Police units as non-investment funds linked to investment programmes. These were mainly funds used for criminal investigation technology, protection means and equipment of premises.
During the year monitored the budget for the Czech Police was increased from the relevant reserves of the Ministry of the Interior. It was mainly money used for expert’s opinions for the Bureaux of Investigations (by CZK 17 million), for fuels and oils (CZK 39 million) and for other similar purposes.
Other funds were drawn from the budget chapter General Cash Management as well as from other state budget chapters, they covered e.g. expenses for refugees and immigrants and for an anti-drug policy, i.e. for the activities relating to the security situation.
On the other hand, during the year monitored the budget for the Czech Police was regulated in relation to transfer of some activities from the Czech Police to the organisation (budgeted from state contributions) called ”Service Facilities for the Ministry of the Interior”.
Due to the strained budget, other sources for financing individual projects related to the implementation off the National Programme to Prepare the Czech Republic for EU Membership were sought. Funds were required from the budget chapter General Cash Management to ensure joint EU-Czech Republic financing of EU programmes for 2000. In one actual case the funds aimed at financing the sub-programmes - Witness Protection in the Czech Republic and Checks Up of Persons at the National Border and Inland (CZK 45 million) - were required from PHARE 2000 programme which will also be partially drawn in 2001 (Government’s Resolution No. 1287 dated 11 December 2000).
Evaluation of Activities with Respect to Establishing and Utilising Information and the Telecommunication Systems of the Czech Police and Other Entities Under the Minister of the Interior’s Responsibility
The development project for communication networks of the Ministry of the Interior with an integrated services is to solve the unsuitable main communication systems and contains two comprehensive projects – HELIOS – in the field of telecommunications and data transfer and PEGAS project in the field of radio-communications. Other programmes were aimed at connecting immigration and border police units to the network of the Ministry. (Frame relay technology will bring enhanced conditions for access to the central databases as well as improved voice communication for the units in question.)
PEGAS Project
The first part of this project was implemented – building up and putting into operation a network in Prague and Central Bohemia to ensure the Annual Meeting of the IMF. A total amount of CZK 947.33 million was invested in 2000 to build up the network and to purchase radio stations.
HELIOS Project
This project resolves the renovation of the Ministry of the Interior’s basic telecommunication network. Construction of 4th generation digital switchboards is being implemented including data network technology and a digital transfer environment shared by all communication systems.
In 2000, the construction of the Heilos system concentrated mainly on reconstruction of two communication nodes in the premises of the Czech Police District headquarters and on continuing construction of digital switchboard technologies in the premises of the Ministry of the Interior. ATM transfer systems (Asynchronous Transfer Mode) were implemented with the emphasis placed on ensuring services also in the case of physical connector and or technical equipment failure. ATM technology was ensured in 35 facilities of the Czech Police District headquarters and in 2 premises of the Ministry of the Interior.
Connection of Basic Units
Transfer technology frame relay was implemented in 36 premises of the Czech Police District Headquarters in order to create conditions for digital connection of basic police units to the main telecommunication network of the Ministry of the Interior. Simultaneously 43 basic units of the immigration and border police were digitally connected.
Investment programmes and their sub-programmes as well as purchase of computers compatible with programme documentation and users’ requirements were solved mainly in the following areas: the system for determining fingerprints, AFIS for the central site of the Criminal Office, an information centre of external sources for the Ministry of the Interior and the Czech Police, the Internet for the Ministry of the Interior, a central information system for the immigration and border police, VT for model sites of NSIS, information system EKIS, EMIS and information system for social security and other information systems.
The budget will be affected mainly by:
Other Priority Tasks:
joint funding of the National Programme to Prepare the Czech Republic for EU Membership;
the implementation of a radio-communication system based on Tetrapol technology in the scope given by the contract concluded for the need of the Integrate Rescue System- building and putting into operations a system infrastructure for the whole territory of the Czech Republic and equipping d all units of the IRS, i.e. the Czech Police, Fire Brigades, Health Rescue Services with end-user devices so the PEGAS system will became the basic radio-communication system to ensure service of these units (by 31 December 2001),
to cooperate in transferring civil defence units from the Ministry of Defence to the Ministry of the Interior,
to continue securing premises and working sites in accordance with Act No. 148/1998 Coll., on Classified Information Protection,
to reconstruct and repair premises which do not correspond in terms of technology and capacity to the current requirements for the duties performed by the Czech Police or to be used as boarding premises for the Czech Police members (the premises will also be purchased and newly built),
to continue organising central transfers and the sale of tangible and intangible assets not being used.