Report on the Security Situation in the Czech Republic in 2000
(in comparison with 1999)

Contents  

2.12. Protection of Classified Information

I. Development and Characteristic Features

In the area of classified information under Act No. 148/1998 Coll., on Protection Of Classified Information and on Altering Some Related Acts, there was not any considerable growth of criminal offences. The National Security Authority (NSA) lodged three complaints in cases where the NSA came to the conclusion that a crime concerning classified information could have been committed. The investigations have not been finished yet.

The Ministry of the Interior and the Czech Police continued implementing security screenings of selected persons. The security screening for the degree "Exclusive" has been finished. Classified information have been processed using information systems certified by the NSA, the projects aimed at the security of relevant premises have been implemented. The check ups observing the conditions of classified information protection did not find any serious shortcomings. 1 case is being solved from 9 reported cases of incorrect manipulation with classified information. Suspicion has not been confirmed in the other 8 cases. Security screening should be finished in the following period and the same applies to the implementation of the projects aimed at security of premises and information systems. The agreement on mutual protection of classified information with the Slovak Republic is being drawn up at the moment. Such an agreement is required by the need to regulate protection of classified information provided to the other party especially by various police units

The protection of classified information is one of the priorities of the Ministry of Defence. Despite the attention, which is paid to this field, cases of the inconsistent application of relevant standards, the low level of legal consciousness of some of the members of the Ministry has occurred. The fact that security screening has fallen behind the needs of the Czech Army caused problems in the implementation of screening. The principles of protection of classified information were breached mainly by neglected manipulation with classified written information and personal security, but also by running uncertified systems, by unauthorised provision of classified information and breaches of security of premises.

In 2000, as in 1999, no person was lawfully sentenced for offences against protection of classified information (Sec. 105, 106 a 107 of the Criminal Code).

II. Measures Adopted

2.13. Illegal Migration

I. Development and Characteristic Features

Criminal Statistics

Court Statistics

sentenced persons 135 (-86, - 85.6 %) (Sec. 171a of the Criminal Code)

The criminal statistics results are not directly comparable with those from the Ministry of Justice, which is responsible for the State Prosecutor’s Office and court statistics. This is caused by time differences. In some cases, there are differences of several years between the termination of the actual case in individual phases of prosecution. The police statistics record the cases their very beginning, while the court statistics record them once they are closed. Another reason may be the fact that the criminal statistics also record crimes committed by an unknown offender. Also the statistics cannot be compared because the Act Sections used for individual crime categories do not always correspond.

The total number of foreigners apprehended remains at the same level as last year. The Czech Republic remains a transit country, the number of illegal departures from the Czech Republic markedly prevails; the highest number of repeated attempts to cross the border illegally is in the direction from the Czech Republic to Germany. An increase in the number of asylum seekers is accompanied by escapes from refugee camps and by the repeated attempts of applicants for asylum to cross the national border illegally from the Czech Republic. A large number of foreigners fail to legitimise their residence in the Czech Republic.

Illegal Migration

The term ”illegal migration” covers the cases of illegal arrival in the territory of a certain country for different reasons. There are the cases of unauthorised ways of leaving the country, but also the cases concerning illegal residence in the territory of a country. In other words, a foreigner enters our country legally but he/she does not leave the country within the period stipulated by law, and resides in our country without a permit, i.e. illegally. Such a foreigner violates the terms and conditions stipulated in immigrations laws. Currently there is no doubt that illegal migration is connected with international crime, illegally arranged transfers across borders and trade in people. Illegal arrival and residence of foreigners is mostly planned and carried out by internationally organised groups. Accommodation and transit of ”smuggled” people is arranged from the country of origin to the target country.

Illegal Migration Through the Czech Republic

The number of persons apprehended while illegally crossing the national borders slightly increased, but more or less it has remained at the level as in 1999. The number of foreigners apprehended for attempting to cross the national border illegally has not changed either. (30,761 foreigner; +384, +1,3 %). The number of persons apprehended while crossing the national border from the Czech Republic or into the Czech Republic has not changed markedly. Since the establishment of the Czech Republic the number of illegal migrants apprehended while illegally crossing the national border in the direction from the Czech Republic considerably has exceeded the number of those being apprehended while crossing the border into the Czech Republic. 63.4 % of persons were caught at the national border between the Czech Republic and Germany (20,745 persons; + 575, +2,9 %). The number of illegal migrants at the border with Poland increased while the number of fugitives detected at the border with Austria decreased. The numbers of persons apprehended at both borders are equal. Less than 6 % of persons were detected at the border with Slovakia; the reason is that the situation in Kosovo improved (506 citizens of Yugoslavia in 1999, while in 2000 only 3 persons) and probably the organisations which focus on illicit trafficking in people had to react to the changes made to the Immigration Act and the Asylum Act, and last but not least it is also a reaction to the new system of national border protection. Of the total number of apprehended foreigners 11 % entered the territory of our country illegally, almost 34 persons came legally and in 55 % of cases the method of crossing the border to the Czech Republic was not ascertained. The ratio of persons apprehended by the bodies protecting the Czech national borders and neighbouring countries is, on a long-term basis, 2:3 in favour of the Czech bodies. The people are handed over in accordance with readmission agreements. The number of persons accepted back into the Czech Republic exceeds the number of persons transferred to neighbouring countries.

By nationality – the citizens of Romania dominated followed by citizens of Afghanistan. There has been an increase in the numbers of immigrants from Moldavia, Sri Lanka, India, Ukraine, and Bulgaria. With respect to the higher numbers of citizens of Ukraine and Russia apprehended it is necessary to mention that the reason is not introduction of visas, as such an increase has been observed since 1993. The issues relating to the introduction of visas should be described in full detail in documents dealing with migration, national border protection, employment of foreigners after a longer period from the introduction of visas elapses.

Illegal migration is professionally organised globally and the hopeless situation of the fugitives is often abused. Social and economic factors represent a strong motivation for illegal migrants. Illegal fugitives more frequently make use of gangs specialised in illegal conveyance and they also make use of invalid or forged travel documents, however they also travel in special shelters made in the means of transport. All this was also confirmed in the Czech Republic. 6,963 illegal migrants were assisted in their illegal border crossing by another person. A number of persons who were revealed in hiding places in the various means of transport increased. According to the analysis of statements provided by the persons apprehended it is obvious that the number of fugitives who cross the borders hidden in trucks or on trains is many more than the statistical data can show, however it is difficult to judge the level of latency.

Forged and altered documents seized from illegal migrants are highly professional. 1,091 (-62, -5.4 %) persons were detained with invalid or altered travel documents. This stagnation probably does not mean an improved situation but is rather caused by the increased quality of forged documents, which means a higher latency of this kind of crime. About 51 % of persons apprehended while crossing the national border did not have any travel documents. If these are the persons who need a visa to enter the territory of the Czech Republic it is clear that they arrived to the country illegally. It is difficult to detect the point of entry and the method of crossing the national border as these people are not willing to make any statements, in addition an interpreter is required.

The share of repeated attempts to cross the border illegally increased by almost 53 %. Approximately a quarter of the persons who tried to cross the national borders repeatedly were, as in 1999, asylum seekers.

135 persons were lawfully sentenced for crossing the national border illegally under Sec. 171a of the Criminal Code and 5 persons were sentenced pursuant Sec. 171a(c).

Illegal employment of foreigners is another problem closely relating to illegal migration. In January 2000, the number of foreigners employed was almost the same as in 1999 (40,080 – according to the data of the Ministry of Labour and Social Affairs15) (40,312 in December). The amended Trade Licensing Act (came into force on 1 March 2000) makes conditions for foreign entrepreneurs – individuals in the Czech Republic more difficult. However, it is in compliance with the terms and conditions of international agreements, which do not permit selective or stricter conditions for the business activities of foreigners over limits which apply to Czech citizens. In accordance with the Immigration Act (the Act on Residence of Foreigners - No.326/1999 Coll.) a foreigner crossing the national border for the purpose of getting employment is provided with the required documents and cannot change the purpose of his/her residence. (The period needed to issue an employment visa does not respond to the real need in the labour market.) According to the findings of some Labour Offices, the consequences of the introduction of visa for the citizens coming from the states where migration to the Czech Republic is very high were positive. The agreements on mutual employment of citizens between the Ministry of Labour and Social Affairs and the relevant Ukrainian Ministry were simplified and made more flexible with new technical and organisational procedures of employment and limited the room for corruption. The need to respond to and solve new requirements relating to employment of foreigners led, i. a., to the preparation of the Draft Factual Legal Intention of new legal regulations on employment which would strengthen the powers of Labour Office Inspection Departments and strive to solve problems arising from the purposeful establishment of businesses and cooperative companies by foreigners. An inter-departmental group (under the responsibility of the Ministry of Labour and Social Affairs) was set up in accordance with Government’s Resolution No. 1044 dated 23 October 2000. This group will focus on eliminating illegal employment of foreigners with the aim to coordinate activities of the relevant institutions. In a year’s time the central database of foreigners should be put into operation. This database ought to be connected with information systems of half of the Labour Offices in the Czech Republic.

Illegal Migration – Breach of Residency Rules

As in other countries the numbers of foreigners whose residence has not been legalised, have been increasing. This number cannot be estimated and can be only speculated about. For example the Czech Police recorded 10,902 foreigners whose residence in the Czech Republic was illegal – most often they were foreigners whose residency permit had expired. The illegal residency of foreigners in the Czech Republic is identified only indirectly by analysing the data relating to foreigners who have been banned from the Czech Republic since they breached the residency rules, and the foreigners banished administratively from the country due to their illegal residency.

Administrative bans on residence were pronounced on 10,042 foreigners (-4,497 persons, -30,9 %). The predominant reason to ban a foreigner’s stay in the Czech Republic is a breach of residency rules has been committed. The citizens of Ukraine (5,428) dominated among those who were pronounced bans from residence, followed by citizens of Moldavia (1,614) and Romania (971). The decline has been most probably caused, as in 1999, by the fact that foreigners did not use accommodation in public accommodation facilities but found private accommodation, which the immigration police are not authorised to check.

A lawful and executable decision on administrative deportation (formerly administrative deportation) affected 1,065 (-826, -43,7 %) foreigners. On the basis of court sentences 1,242 (+148, +13,5 %) foreigners were banished after they had been lawfully sentenced for crime commitment.

The Information on the Situation of Migration in the Czech Republic, which is regularly submitted to the Government by the Minister of the Interior, describes the migration issues in full detail (including the implementation of readmission agreements and pilot tests of the project ” Visa Process Updating”.

II. Measures Adopted

2.14. Organised Crime

Organised crime represents a universal security risk. Organised criminal activities are more and more in evidence as a particularly complex form of committing crime, overlapping with other areas of serious crime and many areas of social life. Organised crime is distinguished by its military structure, total hierarchy and an absence of conscience. The members of organised criminal groups use any means to achieve their objectives, including brutal ones.

Criminal organisations usually operate in many European and overseas countries, with multiple criminal activities. They do not specialise in one type of crime, but in everything leading to profit and the acquisition of influence. Therefore, the approach of a state must be systematic and continual with combating corruption and financial crime as the principal parts leading to confiscation of profits gained from crimes (a threat of losing such profits may be more effective than a threat of loss of freedom)

Monitored criminal organisations are directly linked to foreign countries and their activities in our territory copy the trend typical for international organised crime. The trend, began in 1997 when in the view of Czech Republic’s accession to the EU, increasing interest from criminal organisations was registered as a means of penetrating Western Europe via the Czech Republic. International crime is well organised and is becoming more aggressive. Criminal organisations operating in the Czech Republic since 1997 have not changed markedly, they come mainly from the countries of the former Soviet Union, former Yugoslavia, Bulgaria, together with Italian criminal groups and criminal groups from Southeast Asia (particularly from China and Vietnam). Currently these organisations are striving to legalise their positions, to get influence in Czech strategic enterprises (e.g. by taking over the companies of petrochemical industry; corruption in all its forms; sponsoring interest groups and individuals, etc.). They try to extend their influence by the establishment of corporations to cover their crimes, and they are also changing their spheres of influence. The Czech citizens facilitate mainly service – they can provide good knowledge of the environment and laws, contacts, etc. In the near future we can expect that the criminal organisations will make all efforts to continue legalising their activities to the maximum extent. They may focus on purchasing real estates and land, they will continue trading in narcotics. It is also understood that illegal migration will become more profitable. An increased activity can be expected in the field of the trade in weapons, trafficking in people, misuse of information technologies and attacks against information systems by criminal organisations. Organised crime to a larger extent focuses on crimes against the environment and cultural heritage (the evidence is given by the recent year development since such findings are proved by a considerable increase in damage ascertained).

The individual forms of organised crime are described in individual chapters or they are included in various kinds of crime (for example crime against property deals with car thefts, crimes in the field of cultural heritage; corruption, serious economic crime, environmental crime, misuse of information technologies and attacking information systems are described in the Chapter ”Economic Crime”).

The following criminal organisations operate in the Czech Republic, currently:

For example in 2000, the police managed to detect the main representatives of Luhanska Brigade – their criminal activities were very extensive and varied – extortion of Russian businessmen, trade in weapons, trade in counterfeit money, drug distribution, they were probably involved in murders carried out to order, and illegal migration.

Action against a group of offenders from Bulgaria, the Czech Republic, and Romania who were involved in stealing the credit cards of foreign tourists, forging documents and producing duplicate payment cards was successful.

The police managed to put under arrest a person against whom an international warrant was issued for murder and attempted murder.

The Organised Crime Section of the Criminal Police Service (hereinafter OCS) solved 45 cases of crimes of violence (this section recorded 135 crimes with 89 offenders involved, 39 of them being foreigners) and 50 cases related to organised criminal structures (this section recorded 110 crimes with 73 offenders involved 61 of them being foreigners).

UNIVERSITAS research show that 79 % of the respondents are anxious about organised crime (of them 41 % are very anxious), 76 % of the respondents are anxious about aggression and violence.

Measures Adopted

2.15. Illicit Drug Dealing

An important example of the fight against illicit trade in drugs is an action called IRIDIUM which is carried out in cooperation with the Italian authorities. During this action more than 50 offenders were convicted, amongst them two Italians were the top bosses of an organised criminal group. A group of 7 persons – heroin distributors - was convicted during an international action TREFA.

The rising trend of the number of ascertained crimes of unauthorised production and distribution of psychotropic substances and poisons and spreading of addiction which was becoming apparent in the recent years stopped and a considerable decline was recorded in the year monitored. In spite of this decline the situation if drug offer did not see many changes. To find the reason for the quantitative reduction without doing more thorough analysis would be simplifying the issue and it is not within framework of this Report.

The National Anti-Drug Headquarters discovered 14 pervitin laboratories, 4,049.9 g of metamphetamine (pervitin), 9,360 tablets of rohypnol, 2,765 g of cocaine, 16,647.5 g of heroin, about 200 g of marijuana, 551 g of hashish, 3,650 g ephedrine, 160 g of codein, 3 litres of solutan, 1,066 tablets of XTC and other not precisely counted amounts of pervitin and heroin in the doses found at dealers.

The Czech customs authorities are an important partner of the Czech Police and their foreign partners in detection of the illegal trade in narcotic and psychotropic substances and participated in detaining of 148 kilos of drugs and other narcotic and psychotropic substances (rohypnol, ecstasy tablets, ephedrine, etc.); they also prevented export of poppy seed straw (28,000 kilos). The customs authorities detected 360 cases more than in 1999, this resulted especially from the more efficient checks of airmail letters. The active approach of policemen, customs officers, financial guards at Prague - Ruzynì airport and highly efficient international cooperation also positively impacted the detection of illegal transport of drugs.

In terms of the Special Report drawn up by the Supreme State Prosecutor’s Office concerning the impact of the amendment to the Criminal Code, the assumptions stating that a new factual basis for a crime under v Sec. 187a of the Criminal Code will lead to ”disproportionate criminalisation” have not been confirmed. Obviously there have been disputable interpretations of wording ”a quantity greater than small”. Opinions focusing on an individual approach emerged (e.g. the degree of addiction of a consumer), results were very often based on an expert’s opinions. In some cases, the amendment allowed for strict punishment of conduct which could have been punished only with moderate punishments before. According to this Special Report it is desirable to remove problems resulting from insufficient links among various types of crime bases included in 187 (2 ), (3),|(4) (and also inv Sec. 188 (2), (3)) of the Criminal Code and consider also a larger range of sentences in these provisions. The inter-departmental Anti-Drug Commission is preparing an analysis of the actual impacts of new legal anti-drug regulations.

852 (+31) persons were lawfully sentenced for unauthorised production and possession of narcotic and psychotropic substances and poisons (Sec. 187-188 of the Criminal Code) and 60 (-10) persons were sentenced for spreading addiction (Sec. 188a of the Criminal Code).

According to UNIVERSITAS research 79 % of the respondents were anxious about organised crime, 76 % of the respondents were anxious about aggression and violence, 71 % complained about the spread of drugs. The respondents were also anxious about the possibility of their child being involved in a car accident (55 %), becoming a drug addict (40 %). 47 % of the respondents thought that the police should monitor, investigate and bring to courts people for smoking marijuana and offering it to their peers free of charge, while 26 % of the respondents thought the police should not.

Measures Adopted

2.16. Illicit Trading in Human Beings

In the year monitored a group of 6 offenders was apprehended. They were involved in importing girls from the former Soviet Union and running erotic clubs in West Bohemia. In March 2000, a criminal group smuggling girls from Hungary, the Czech Republic, Slovakia, Bulgaria, and Romania was detected in Austria. The girls were forced to work in nightclubs as prostitutes. In combined efforts of Austrian and Czech police detected an organisation offering girls work as models during the course of 2000. The girls were smuggled from Prague via Vienna to Singapore where they were made to act as prostitutes.

The Organised Crime Section of the Criminal Police solved 7 cases of people trafficking (they recorded 11 crimes with 84 offenders involved, 39 of them were foreigners).

Measures Adopted

2.17. Illicit Trade in Weapons, Explosives, and Radioactive Material

The Organised Crime Section of the Criminal Police detained 1.1 kilo of TNT, 3.5 kilos of the plastic explosive Semtex, 2.8 kilos of another explosives (Permonex), 4 pieces of hand grenades 157 pieces of electrical detonators, 1 piece of a complete booby trap based on a mobile phone for remote detonation, 2 pieces of NVS for remote detonation and tens of firearms and weapon components. This Section solved 11 cases in the field of weapons, ammunition, and fissile materials (39 crimes with 23 offenders – 3 of them were foreigners).

A booby trap equipped with a mobile phone with a function of detonation initiation was found in a car where a group of apprehended persons travelled. In the house search, which followed, various kinds of explosives, cartridges, a revolver and a functional rifle with ammunition were found. During another action three offenders were detained. They refurbished impaired firearms, produced dampeners and sell illegally other weapons. The customs authorities detected 46 cases of illicit trade in weapons, explosives, military and radioactive materials, of which in 11 cases the offenders did not submit the permit the Licence Office of the Ministry of Defence needed for import or export of military material.

Measures Adopted

2.18. Terrorism

Measure Adopted

2.19. Forgery

The Organised Crime Section of the Criminal Police recorded 17 cases related to forgery (67 crimes with 29 offenders – 9 of them were foreigners).

Example: A group of offenders who imported from Italy counterfeited ITL 100,000 and 50,000 banknotes was apprehended. Another group detained was involved in forging documents which were to allow work visas for the USA.

92 (+22) persons were lawfully sentenced for counterfeiting and lettering money (under Sec. 140-142 of Criminal Code).

Measures Adopted

2.20. Searches for Persons and Articles

The Czech Police announced searches in 24,644 cases, of which 19,164 cases were successfully closed and in total 19,246 persons were found. The most numerous category was wanted persons (17,480); this group was dominated by persons accused of committing crime, persons for whom an arrest warrant had been issued (8,675 while 6,434 were detained); Furthermore, searches were announced for 113 army deserters (106 of them were detained) and 43 (31) escaped convicts. Searches were also launched for 4,080 missing persons, of which 3,770 persons were found. In terms of age of missing persons juveniles aged 15 to 18 had a permanent dominant share.

537 searches were launched for stolen and lost weapons. Such searches mostly involved pistols and revolvers.

2.21. Road Safety

The number of traffic accidents decreased (-6.3 %), after reaching a historical maximum in 1999. However, the number of persons killed increased while the number of persons received serious injuries as well as light injuries decreased. Estimated material damage stagnated. Among people killed there were 47 (+5) children which accounted for 3.5 % of the total.

The situation is similar to that in the previous years - most (92 %) traffic accidents were caused by drivers and 85 % of persons killed in accidents were killed in accidents caused by car drivers. In accidents caused by pedestrians (2,566 – of which 1,025 accidents were caused by children) 104 persons were killed (out of them 21 children), which means a higher growth than in the accidents caused by car drivers. Drivers of motor vehicles registered outside the Czech Republic caused, in comparison with the previous year, a lower number of accidents the consequences of which were approximately the same as the last year.

Bad driving remains the main cause of accidents – not enough attention paid to driving (393 killed persons), not giving priority (143 killed persons), and the third place is occupied by excessive speed, with higher number of people killed (530, +17). The number of accidents caused under the influence of alcohol and their consequences decreased.

The highest number of traffic accidents happened in municipalities. After the number of people killed in such accidents decreased last year this year saw an increase - by 13 persons. The highest number of fatalities was in accidents on class I. roads; the number of accidents on highways rose as well.

In terms of regions the highest number of accidents happened in Prague (40,560), where there was on the other hand the lowest number of fatalities (80 persons killed) and in South Moravia  (35,683), where there was the highest number of people killed (233) – the same as in the previous year.

According to the findings of the Czech Police after the adoption of the Act on Land Transport the following punishment is a problem – in accordance with this Act only misdemeanours over CZK 2,000 are recorded in drivers’ files, for excessive speed a policemen can fine a driver by CZK 2,000 thus prohibiting driving after a driver exceeded a driving limit several times has become hypothetic.

UNIVERSITAS researches showed that people expressed their concerns relating to traffic accidents (not caused by a person expressing his/her concerns) - 40 % of the respondents.

4,216 (-1,870) persons were lawfully sentenced for traffic crimes (Sec. 201, 201a, 223, 224, 180, and 208 of the Criminal Code) with the most frequent crimes of actual bodily harm through negligence (1,870) (severe injury under Sec. 224 of the Criminal Code) and 1,338 persons were sentenced for the crime of endangering others while under the influence of an addictive substances (Sec. 201 of the Criminal Code).

Measures Adopted

2.22. Communist Crime Investigation

The Documentation and Communist Crime Investigation Bureau (hereinafter ”the CCIO”) investigated 319 cases (of which 62 criminal offences were recorded in the year monitored); prosecution commenced in 75 cases (in 2000 in 7 cases).

In total, 156 persons were notified of charges during the existence of the CCIO (16 persons were notified of charges in 2000). Prosecution was discontinued under Sec. 172/1a of the Code of Criminal Procedure in the case of 5 persons (0 persons in 2000); under Sec. 172/b of the Code of Criminal Procedure in the case of 23/6 persons; under Sec. 172/1c of the Code of Criminal Procedure in the case of 15/2; under Sec. 172/1d of the Code of Criminal Procedure in the case of 13/1 persons; under Sec. 173/1 of the Code of Criminal procedure in the case of 5/0 persons; 82/13 were charged; 38/7 persons were accused and 9 persons (1 person in 2000) were lawfully sentenced. The criminal offences were as follows: high treason, serious injury to health, thwarting of a task by a public official, murders, sabotage, extortion, deprivation of personal freedom, injury to health, suppression, breaches of guard duty, etc.

The average investigation time has been 22.4 months (21.8 months). In accordance with the Amendment to Criminal Code No. 327/1999 Coll., which came into effect on 28 December 1999, 16 were notified of charges in the case of crimes which would have been time-barred.

In terms of documentation of CCIO the time limit was extended from 1 January 1945 till 29 December 1989. This division especially documents facts concerning the unlawful conduct of the communist regime and resistance against it. The priority has remained detection of crimes committed in 1948 – 1989. Extensive documentary activities relate for example to the cases of the abduction of persons abroad carried out by members of the secret police, activities of secret police aimed against democratic political parties after February 1948, development of protection of the national border, activities of the secret police against churches, technical disinformation of the secret police, infiltration of the secret police into the cultural sphere, etc. Extensive publication activities form part of the CCIO activities (for example three volume collection called Securitas Imperii No. 6; cooperation with the Czech Television and the Czech Radio Broadcasting, cooperation with universities, scientists, etc.). Maximum openness towards the public is being enforced.  

 


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