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
Act No. 363/2000 Coll. amending Act No. 148/1998 Coll., on Protection of Classified Information and on Altering Some Related Acts, as amended, came into force on 22 November 2000. The purpose of this Amendment is to simplify, make more efficient, cheaper and quicker the process of implementation of security screenings of individuals in particular.
On the same day as the Amendment to the-above mentioned Act came into force Decree No. 397/2000 Coll. amended the Decree of the National Security Authority No. 245/1998 Coll., on Personal Qualifications and Printed Forms used in the field of personal security was issued. The Amendment to this legal regulation, which regulates personal qualifications, particularly changed the form of the security questionnaire. With respect to the omission of health conditions for issuing a respective certificate, the Ministry of Health repealed Decree No. 315/1998 Coll., on Health Condition for Working with Classified Information.
Currently, the National Security Authority is preparing a completely new Act on Protection of Classified Information.
The NSA is preparing a Report on the Situation in Protection of Classified Information in 2001 and on National Security Authority Activities.
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
The Government took cognisance (through Resolution No. 1055 dated 23 October 2000) of the information concerning the factual meeting of requirements relating to accession to the Schengen acquis, which is time consuming. The Minister of the Interior is required to submit by 31 March 2001 the proposals how to ensure accession to the Schengen acquis from the organisational point of view prior to the Czech Republic’s joining the European Union, i.e. prior to 31 December 2002. It is also important to state that a new method of granting visas should improve the quality of verification of entry by the visa applicant
The Report on Meeting Assignments Listed in the Schedule of Measures Adopted to Make Frontier Checkups More Efficient and in the Updated Schedule of Measures Adopted to Make Frontier Checkups More Efficient deals with the issues of national border security in full detail. This Report was approved by the Government in its Resolution No. 1148 dated 15 November 2000.
During the course of 2000, the Government took a decision on the introduction of visas for the citizens of the former Soviet Union Countries.
The Draft Amendment to Act No. 325/1999 Coll., on Asylum and on altering Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended, (hereinafter called the Asylum Act) was submitted to the Government in December 2000 for further legal discussion. This Draft Amendment is currently being 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 needed to cover 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 sentiment, tension in the society and possible threats to the security situation. The second key feature of the Amendment to the Asylum Act is the clarification of rights and duties of asylum seekers. The amendment also regulates some partial issues which were brought up by the application of the Act thereof. The Draft Amendment to the Asylum Act will be discussed by the Government on 9 April 2001,
The Draft Amendment to Act No. 326/1999 Coll., on Residence of Foreigners in the Czech Republic (the Immigration Act) and on amending some other related acts is currently being discussed in the Chamber of Deputies (the 2nd reading). This draft amendment strengthens the principle of family unity. The proposed changes respond to the problems connected with the needs to submit photographs necessary for immigration forms (questionnaires) and to problems concerning the requirement for health insurance documentation. It is proposed to provide permanent residence to some persons who do not meet the conditions of previous continuous stay in the Czech Republic. It also extends the body of persons who are permitted to apply for the permanent residency. On the other hand, the amendment proposes to make stricter conditions subject to which the police may ban a foreigner’s residence; impacts 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 of preventing possible cases of ambiguous interpretation. The amendment to the Immigration Act was, after having been returned by the Senate, adopted by the Chamber of Deputies at its 35th session.
The Asylum and Migration Police Department was established at the Ministry of the Interior. It unifies, from the organisation point of view, the central state bodies involved in refugee and migration issues.
Special searching departments were founded in South Moravia, North Moravia, and North Bohemia to strengthen searches for persons who illegally cross the Czech national border. Similar departments will be established within the Czech Police in other regions in 2001.
A new facility for foreigners having been banned from staying in our country was opened.
Immigration Police Departments have become parts of the regional police administration units. This change supports the intention to establish during the course of 2000 and 2001 a division fulfilling the tasks of the immigration and border police throughout the whole republic.
At the end on 2000, mobile monitoring systems which should technically strengthen the national border protection were delivered within the Phare project.
The first phase of building a new information system of the immigration police was implemented.
The Ministerial Meeting of the EU states (Stockholm, February 2001) was held. It dealt with the issues of migration and asylum policies, trafficking in and smuggling people. The participants agreed that it was necessary to deepen international cooperation, strengthen the powers of Europol police and deepen the cooperation of state prosecutor’s offices within Europol. In formulating an efficient strategy combating smuggling and trafficking in people they intend to cooperate closely with candidate countries. They also agreed on the need to harmonise legal provisions to guarantee refugees the same rights in all members states, however there are still considerable differences related to the definition of refugee status and in the issues of assistance and protection provided to refugees.
The Government by its resolution No. 1266 dated 11 December 2000 took cognisance of The Information on the Implementation of Principles of the Strategy on Integration of Foreigners in the Czech Republic and on the Proposals of the Strategy on Integration of Foreigners in the Czech Republic. This information followed up the integration principles set out in 1999. Such principles should ensure a needed degree of legal and social protection of legal migrants in order the labour market, economic stability and country security would not be endangered. These principles would also support legal migration in comparison with illegal migration. With regards to increasing manifestations of individual and group extremism, intolerance, racism and xenophobia the Government required the Minister of the Interior to evaluate security aspects of the integration of foreigners within the prepared Information on Experiences from the Strategy on Integration of Foreigners.
The amendment to Act No. 455/1991 Coll., on Trade Licensing (came into force on 1 March 2000) made the conditions for starting businesses in the Czech Republic stricter. Primarily, a foreigner is obliged to submit documents evidencing certain information stipulated by laws 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 the country(ies) where a foreigner had resided for the last three years.
Merging immigration and border police into one unit which will operate republic-wide should help to concentrate attention on the tasks relating to the protection of the national border, respond promptly to a situation development in a given moment, and use costly technical means more efficiently. After all legislative preconditions and organisational changes are implemented, this unit should commence its work on 1 January 2000.
The Ministry of Labour and Social Affairs has drawn up The Draft Pilot Project Aimed at Active Selection of Qualified Foreign Workers to prevent a future deficit of qualified labour forces.
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:
Organisations coming from the countries of the former Soviet Union:
They rank among the most active, the last four years have seen a considerable increase in crimes committed by these organisations.
They are predominantly organised into criminal structures – ”brigades”. Currently there are about 10 of them operating in our territory; ”the brigades” are based on a leadership principle headed by "PAPKA" (i.e. FATHER), who supervises "STARSCHINA" (i.e. SENIOR OFFICER), while all ”brigades” are managed by "VOR V ZAKONE" (i.e. THIEF IN LAW).
Crimes, they commit, vary including mainly violent crimes - racketeering - "KRISCHA" (originally only Russian-speaking persons having businesses in the Czech Republic were targeted, recently Czech citizens have been attacked as well; usually once a month criminals require regular payments for protection threatening entrepreneurs with violence or even liquidation; they use murders to show a method of liquidation, but they also liquidate inconvenient witnesses who are involved in murders carried out to order); extortion of prostitutes from the former Soviet Union; illicit trading in weapons (detected the weapons licensed in the countries of former Yugoslavia), trade in narcotic drugs (with links to the Albanian criminal groups), legalising of profits gained through crime (it is carried out through fictitious companies; the accounts of such companies serve to transfer funds ”earned” in crime to the criminals’ countries of origin or to third countries); pandering, organised conveyance, motor vehicle thefts and others); Ukrainian, Russian, Chechnyan organised criminal groups are markedly involved in crimes of violence, which are very brutal with devastation of victims, they particularly use firearms; the number of robberies have increased as well.
While dividing the territory among various criminal groups from the former Soviet Union, the members of enemy groups are often killed.
They penetrate the territory of the Czech Republic covered by various companies (they receive a residency permit for the purpose of being employed in their own company or in a company run by another Russian person).
They control vast amounts of funds the origin of which is a subject to further proving procedures.
In the Czech Republic, they invest money mainly in real estate.
Policemen gathered information that criminal organisations from the former Soviet Union finance drill camps for Muslim warriors from Chechnya in the Czech Republic.
Generally, since 1997 the Russian criminal organisations have dominated in financial crime; an enhanced organisation of Ukrainian criminal groups is more apparent, they are more and more aggressive being involved in bank robberies; the organisation of illegal employment of Ukrainian workers has improved; currently there have been serial robberies mainly in Prague; their power and influence is stronger since they have managed to infiltrate state structures in the countries of the former Soviet Union.
The introduction of obligatory visas has meant also higher support to illegal migration and the forging of travel and similar documents.
The ”brigades” operating in the Czech Republic are as follows: Luhanska Brigade (the main seat was detected in Brno, a principal representative is known as "Pascha"; the person responsible for activities in Prague and surrounding areas is "Krava" or "Great Andrey"); Kiev Brigade (operating mainly in East Bohemia); Mukatchev Brigade (North and West Bohemia); Lvov Brigade (the whole territory of our country), Uzhorod Brigade (Prague, North and West Bohemia), Irschava Brigade (Central and North Bohemia); Solncevska Brigade (mainly West Bohemia) – the majority of these brigades operate also in other European Countries.
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.
Organisations which come from former Yugoslavia, Bulgaria, Albania, and Italy
In recent years the changes have been underway in the division of influence. Bulgarian criminal organisation, which previously concentrated on erotic clubs (brothels), are now focussing on motor vehicle thefts and supplying Bulgarian prostitutes to brothels; organised pickpocketing is under the control of Romanian pickpockets; criminal organisations from the former Yugoslavia have taken over running erotic clubs and they also focus on drug dealing, illegal conveyance, extortion, (for this purpose they often merge with Russian speaking criminal organisations), smuggling gold to shops.
Activities of Italian criminal organisations are highly latent, largely focusing on buying up real estate, mainly in Prague; they are suspected of money laundering by ”weekend tourists". Crimes of one group concentrated on leasing frauds were documented in cooperation with Germany and Italy (the same group leased and then stole the same cars).
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.
Organisations which come from Southeast Asia
Chinese and Vietnamese groups are the most active.
Chinese criminal organisations distinguished by their ethnic coherence, however they do not have the nature of classical Chinese criminal groups (e.g. TRIADS); they are organised into small groups (15-20 persons) by the place of their origin in China and by the types of crime they are involved in; they concentrate in running casinos and illegal brothels; they are suspected of money laundering, organising illegal bets and dealing in narcotics; their groups of smugglers do not only arrange illegal trafficking in people (to the Czech Republic which is both a transit and target country, mainly via Slovakia), they are also involved in kidnapping illegal immigrants followed by extortion of their relatives (such cases are not reported); the trade in ”trademark” goods is another kind of crime; other crime victims are Chinese entrepreneurs – they are selected in advance and a number of them do not notify the Czech Police.
Vietnamese criminal groups have been involved especially in organising illegal migration and smuggling goods; increasing abuse of drugs in the Vietnamese community has led to the creation of a drug dealing network; they have been under the influence of Vietnamese coming from Germany against whom there are, in many cases, issued international and/or national warrants and whose experience is used mainly in the area of recovery of debts, protecting market places, pressure on competitors; all these kinds of crimes mean a shift from street gangs to the establishment of more elaborated organisations; crimes of violence have remained a problem; murders carried out to order were recorded.
Constantly there is little willingness of victims to cooperate with the Czech Police; robberies of Vietnamese people are organised mainly by the citizens of Ukraine.
Trends proving the co-operation between Vietnamese and Chinese criminal groups; and increased co-operation with criminal groups from the former Soviet Union have been detected.
Organisations coming from Arab countries
They concentrate especially on drug smuggling, the trade in weapons, and financial frauds, however they are also involved in illegal migration (in particular from Sri Lanka, Pakistan, and Afghanistan).
They do not establish classical criminal structures.
They usually use non-existing companies for their operations and they are ready to participate in any kind of crime – e.g. the illegal exchanges of foreign currencies, sale and production of telephone simulators – endless telephone cards, trade in stolen cars including leasing frauds.
Organised crimes of a violent nature
Offenders are becoming ”more professional”, the attempts to influence witnesses as well as judicial bodies have been recorded; extortion, kidnapping, hostage taking and deprivation of personal freedom are closely linked to crimes of violence (threats by contaminating food have also turned up).
A number of murders are carried out to order and murderers immediately leave our country.
Aggression and brutality has rose, victims are often devastated.
The groups coming from the former Soviet Union are the most active.
ASIANS form a specific group – their crimes are aimed mainly against their fellow-countrymen.
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).
Activities of criminal organisations in the Czech Republic copy the trends of international organised crime. The efforts of top criminal groups speaking Russian to legalise their activities will continue. It is supposed that some kinds of crime, mainly racketeering, will increase and corruption pressures will rise. The spheres of influence will be probably divided again. In the field of financial frauds links of Arabian groups to similar groups from Great Britain and France are supposed. Illegal trade in drugs will go up, organising illegal migration will become more profitable, and more intensive activities of Arabian groups in terms of illicit trade in weapons can be expected.
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
The Ministry of the Interior has analysed the situation in the Czech Republic on an ongoing basis. In 1999, specialised working parties were established to analyse individual problem areas, to identify the problem and to propose solutions. The Minister of the Interior submitted to the Government ”The Update Strategy on Combating Organised Crime” which followed up the previous documents and contained proposals of further steps to be taken to combat organised crime (see Government’s Resolution No. 1044 dated 23 October 2000). A description of organised crime in selected countries forms a part of this document.
Information on the development of activities concerning combating corruption and organised crime at inter-governmental level and possibilities to use some methods in the conditions of the Czech Republic are included in the document called ”The Report on Newly Adopted Measures and Activities in Combating Corruption (and Other Major Economic Crime or Organised Crime) Abroad” submitted by the Minister of the Interior to members of the Government in February 2000.
Since 1998, the meetings of the UN ad hoc committed for preparation of The Convention Against Organised Crime was held in Vienna on the basis of UN GA Resolution No. 53/111 dated 9 December 1998. The aim of this meeting was to propose the main text of the Convention (the Convention regulates e.g. money laundering, measures against corruption, confiscation of illegal profits, mutual legal assistance, protection of witnesses, etc.) and two other international legal instruments which are aimed against trafficking in women and children, illegal transportation of migrants, and against the illicit trade in firearms, their parts, components and, ammunition. The Convention was adopted by the General Assembly of the UN in November 2000 and displayed for signatures in Italy in December 2000.
The Czech Republic and Poland implement in cooperation with the Office of the United Nations for Control of Drugs and Crime Prevention
Since 1999, there have been regular meetings (twice a year) of the Ministers of the Interior of the Czech Republic, Hungary, Poland, Austria, and Slovakia. Upon the initiative of the Minister of the Interior another meeting was held in autumn 1999 with the aim to coordinate procedures concerning solution of issues related to migration, protection of the national border, and the fight against organised crime. Under the auspices of the Ministers of the Interior groups of experts involved in combating actual forms of crime were established. This kind of cooperation will be developed in the future as well.
Some events (actions) were implemented. For example an action called NETWORK was focused on checks in various hostels and verification of the validity of travel and residency documents.
Cooperation within the Ministry and among Ministries is at a standard level; the international cooperation is very good and intensive as well (for example participation in joint action).
While combating major crimes and organised crime a big problem, for penal proceedings bodies, is the situation when witnesses of serious crimes refuse to give statements without being protected against any attacks from the side of criminals. Comprehensive protection of witnesses of the most serious crimes, particularly organised crime, will be solved (similar to the arrangements in Italy, Germany and other EU countries, Poland, and Slovakia). A special protection programme will be created for such witnesses – they can receive personal protection, protection of their homes, they can be moved within the Czech Republic, they will be assisted while looking for a job, they can be provided social help and in the most serious cases their identity may be changed. Since 2000, a ”core” of a special police unit has been established which is preparing for the provision of special protection and assistance. This unit will be changed into a republic-wide service which will provide special protection and assistance from 1 January 2001. The Act on Special Protection of a Witness and Other Persons with Respect to Penal Proceedings was published under No. 137/2001 Coll.
The Supreme State Prosecutor’s Office is drawing up a comparative analysis of legal regulations of the Czech Republic in relation to Screening Chapter 28 screening – financial control including an institutional framework. It deals with issues of protection of the EU budget against unlawful conduct which has a financial crime nature, against corruption, abuse of power by Union and national officials and against any other forms of organised crime with respect to the Amsterdam Treaty. This analysis and suggested measures will contain actual steps to be prepared in terms of legislative provisions concerning the aforementioned issues.
The objective of seminars aimed at combating organised and financial crime, corruption and money laundering was not only to provide information and but to simultaneously ensure compliance of certain procedures taken by penal bodies in penal proceedings in the EU Member States and in the Czech Republic.
A Pre-accession advisor from Great Britain will commence his/her work at the Ministry of the Interior (Phare 200 programme – Combating Organised Crime).
2.15. Illicit Drug Dealing
The Czech Republic remains a centre for the organisation of the international trade in drugs, in particular in heroin and ”cannabis products”.",
The offer of drugs is available, as in 1999, more or less without any problems in the whole territory of the Czech Republic. The sale is made from widely known locations to customers, known persons and the deals are often done through mobile phones. So-called dealers’ flats came into existence and dealers use other partners from who they receive envelopes with a drug according to a demand. Drugs are handed over very quickly (in a move), the age average of consumers is getting lower; organised groups speaking Russian are getting more involved in drug dealing, they mainly trade in pervitin (for example such groups organised consignments to Italy).
The amendment to the Criminal Code has made the situation of dealers more complicated which has led to a change of behaviour of the distributors. Open offers in the streets have reduced, however the sale has become more conspiratorial, the numbers of mobile phones used for selling narcotic and psychotropic substances (hereinafter ”drugs”) are changed very often.
Kosovo Albanians and Nigerians were involved in trade in drugs, followed by Arab criminal structures (however these groups are rather subordinated to other organisations), and by criminal groups from Algeria. Activities of Vietnamese citizens – drug distributors – are increasing and in addition, they are often linked to Albanian suppliers.
The dominant group of organisers involved in illicit trade in heroin consist of citizens of Turkey and Kosovo (Albanians). Heroin is transported to Europe by the Balkan route. Czech nationals are increasingly involved in this kind of trade (in terms of numbers of couriers as well as supporting persons – ”landlords” hiring their flats, fictitious company owners, car owners, telephone holders). Cocaine still remains of marginal interest to consumers. There are no signals about its distribution through letters (only large consignments transported with regular goods were seized). The most sought-after drug remains pervitin, which is ”cooked” from ephedrine. Comparing with 1998 the situation has remained unchanged, however the production and storage of ephedrine is better monitored which has had a positive impact. According to the information collected, ephedrine is usually obtained in those production phases when the amount produced is not possible to control; it is also gained from foreign sources. Producers are predominantly Czech citizens, however Russian and Asian groups are currently becoming more involved. A massive growth in the consumption of ecstasy was recorded, apart from other users also among occasional drug users, the prices of this drug have drastically reduced. Marijuana remains very popular (it is imported but it is also grown in the Czech Republic).
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
The National Anti-Drug Policy Strategy for 2001-2004 was approved by Government’s Resolution No. 1045 dated 23 October 2000.
Publishing a bulletin dealing with this issue and medial events (such as the one at the exhibition IDET) ranked among standard measures adopted.
General Instruction No. 6/2000 of the Supreme State Prosecutor’s Office (which came into force on 1 May 2000) unified a procedure of subordinated state prosecutor’s offices in relation to crimes committed under Sec. 187a of the Criminal Code. The Annex to this Instruction is a table (with extensive comments) listing recommended ”quantities greater than small” of various drugs and ”greater quantities” of drugs.
The inter-departmental Anti-Drug Commission approved at the end of 1998 the intention to analyse the actual impacts of new anti-drug legislation. The funds for such analysis were received in March 1999 and in March 2000 the Commission took cognisance of the first preliminary report. The collection of basic statistical data was finished by the end of 2000, thus the final report will be submitted to the Government in October 2001.
International co-operation is being implemented (mainly for policemen and customs officers) while elaborating and investigating individual cases, monitoring some dealers’ groups and intervening against them, attending international conferences, training course, secondments, etc.
The cooperation inside the Ministry and bodies under its responsibility is standard. Mainly the Criminal Institution staff perform highly professional work. The cooperation among ministries is good as well. It is necessary to mention the Customs Administration Headquarters and the Ministry of Health – the Inspectorate of Narcotic and Psychotropic Substances.
With effect from 15 January 2001 the republic-wide National Anti-Drug Headquarters of the Criminal Police (hereinafter ”the NADH”) were established. This unit operates as a unifying element of all police sites which are aimed at combating trade in drugs. At the beginning of 2001, the NADH entered into an agreement on the establishment of a joint working party with the Customs Administration Headquarters and on common building of the NATIONAL FOCAL POINT with the NADH and the GCAH (the EU standard).
The Czech Republic, as the first country acceding to the EU, prepared "The Memorandum on Mutual Cooperation" between the Chemical Industry Union, Chemical Trade Unions, the Customs Administration Headquarters and the Czech Police.
2.16. Illicit Trading in Human Beings
In the year monitored there were no substantial changes in the illicit trading in human beings:
Czech girls are lured into foreign countries for a certain purpose, however then they are forced to work as prostitutes.
Among imported girls Ukrainian, Slovak, and Russian nationalities prevail, however recently girls from Thailand, South Africa and Mongolia have been trafficked.
This kind of crime is associated with other serious crime - organised prostitution, women and children trafficking, endangering morality, the production and distribution of pornographic materials, money laundering (the last one is mainly done through erotic clubs).
Organised criminal structures divided up their territories in terms of trading in people; organised criminal organisations from the former Soviet Union are grabbing more and more power.
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
A range of meetings, and conferences were held within the inter-departmental cooperation and cooperation with non-governmental organisations. Even the cooperation at the international level was very focused and active.
With the aim to strengthen effectiveness and efficiency combating illegal conveyance and people trafficking investigating units and information departments changed their position in the organisational structure and were included under the Organised Crime Section.
In February 2001, an advisory commission aimed at solving issues of trafficking in women and the commercial abuse of children was set up at the Ministry of the Interior. The members of this commission are representatives of the Ministry of the Interior and other relevant ministries, representatives of non-governmental organisations. (The first, establishing meeting under the name ”Round Table” was held in June 2000 and dealt with trafficking in women and the commercial abuse of children. There were also preliminary discussions relating to the UN international project ”Prevention of Trading in Human Beings and Strengthening the Role of Penal Bodies).
The Ministerial Meeting of the EU Member States (Stockholm, February 2001) was held. It dealt with the issues of migration and asylum policies, trafficking in and smuggling people. The participants agreed that it was necessary to deepen international cooperation, strengthen the powers of Europol police and deepening the co-operation of state prosecutor’s offices within Europol. In formulating an efficient strategy combating smuggling and trafficking in people they intend to cooperate closely with candidate countries. They also agreed on the need to harmonise legal provisions to guarantee refugees the same right in all members states, however there are still considerable differences related to the definition of refugee status and in the issues of assistance and protection provided to refugees.
2.17. Illicit Trade in Weapons, Explosives, and Radioactive Material
The situation in the illegal trade in weapons and explosives remains almost identical to that in the previous years – the interest in illegal sale and purchase in explosives, weapons, and ammunition remains:
The situation in the Czech Republic in the illicit trade in radioactive materials is the same as in the previous years as well:
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
Standard, good cooperation exists between the entities involved, namely the State Office for Nuclear Safety, the State Office for Radioactive Protection, the State Disposal Site for Radioactive Waste, the Czech Scientific Nuclear Base, the Ministry of Defence, and the Customs Administration Headquarters. These entities cooperate either at the level of experts or during actual actions.
A range of training activities focus on this issue.
In accordance with Act No. 62/2000 Coll., on Some Measures Concerning Exports and Imports of Products and on Licensing Proceedings and on Altering Some Related Acts trading in products, holding of which is in the Czech Republic limited because of security reasons or other important state interests, is permitted only under a security licence.
2.18. Terrorism
The situation in the Czech Republic has not changed. None of the known terrorist organisations operated in the territory of our country:
The situation indicates that the country was not threatened with an immediate increase in terrorist incidents, however it cannot be assumed that this is a permanent condition. There is a latent risk of terrorist activities by a part of the Arab community (some of them were present in the Czech Republic in the past – they collect information and maintain links to their countries of origin, a new wave of immigrants, mainly illegal ones, are involved in a whole spectrum of crime, moreover the suspicion exists that members of radical Muslim organisations transit through our territory).
Reaction to the Radio Free Europe’s broadcasts to Iran and Iraq remains a possible risk factor.
The presence of war veterans from Afghanistan and other war conflicts (the Northern Caucasus, Bosnia, and Kosovo) remains another risk from foreigners.
The radicalisation of extremist groups in the Czech Republic is a risk, above all the possibility of them being used to promote political and economic interests using violent means, in which ideology is only a covering issue.
Persons suspected of being members of terrorist and fundamentalist organisations or supporting such organisation have been involved in commercial activities however and future violent enforcement of their interests cannot be ruled out.
Every year, in the Czech Republic, there are a number of attacks on vehicles, buildings, and people with the use of explosive however for the most part such attacks involved settling accounts, extortion and intimidation rather than terrorist attacks. A likely exception is the detection of an explosive system on the railway. A Latent danger is created by possible plane hijacks, terrorist attacks on planes and airports.
A stronger resistance against globalisation, abuse of economic and social problems, an attempt to make the attitude against migration of foreigners more radical can be expected. Individual terrorist acts using booby traps cannot be ruled out either.
Measure Adopted
Preventative activities concentrate mainly on verification of operative information.
The international cooperation focuses on the exchange of information concerning persons and organisations of interest.
The Czech Police is a member of the Police Working Group Against Terrorism – PWGT – which associates operative police forces of the EU Member States, Norway, and Switzerland; the Czech Police is also a member of UKIC – a British centre for NVS monitoring.
Negotiations in connection with the common communication system for encryption are underway. The British party promised to provide Bomb Data System database for the collection and analysis of information relating to terrorism.
The Inter-ministerial Commission for Civil Air Transport Security
The operator of the international airport in Prague is responsible for its protection, however the legal position of the operator’s staff and members of private security agencies remains a problem. Therefore the Ministry of Transport and Communications is drawing up a factual legal intention aimed at solving this issue.
During the course of year 2000 the Chamber of Deputies and the Senate approved ratification of the international Convention on Suppression of Terrorist Bomb Attacks (UN General Assembly’s Resolution No.52/164 dated 15 December 1997) – the ratification did not require any changes to be made to the Czech legal provisions. Furthermore, the Government approved and signed the international Convention on the Suppression of Financing Terrorism (UN Resolution No. 54/109 dated 9 December 1999). The main purpose is to punish the financing of terrorist attacks, it also regulates financing of terrorism as an ”independent” crime, and thus allows the prosecution of unlawful acts supporting terrorism – it is required to make some changes in the Czech legal order, particularly to define a crime of financing of terrorism and responsibility of corporations (legal entities) for financing of terrorism which is required by the Convention.
In September and October 2000 a meeting of the working group of the ad hoc Committee against Terrorism was held (UN General Assembly’s Resolution No. 51/210 aimed at the preparation of the Convention against Terrorism). This Convention assumes, inter alia, an actual description of the crime of terrorism and it, after the opinions with the Arab countries, does not often distinguish between terrorism and the fight for the national freedom, are harmonised, will become the basis for building up the system of international cooperation in this field.
The Czech-British exercise of a simulated terrorist attack
"The Proposal for Binding Procedures Aimed at Solving Emergency Situations Concerning Terrorism Acts Occurring in the Czech Republic or Abroad that are Related to the Interests of the Czech Republic as well as Similar Events Connected to Serious Endangering of Internal Security and Public Order in the Czech Republic” should move the view of terrorism in terms of setting out priorities of possible threats and their impact. With respect to the discussion relating to this Proposal the State Security Council required implementing measures according to the adopted binding procedures.
2.19. Forgery
In the field of counterfeited money, the Czech Republic has become a transit country for counterfeited money rather than a consumer.
The course of the previous years differed from year to year, fluctuations were recorded in terms of Czech as well as foreign currencies. CZK 5,000 counterfeited banknotes represented the biggest problem, the same applied to USD banknotes; other forged payment documents also display a rising trend (such as cheques, notes, credit cards, etc.). The year 2000 displayed a falling trend relating both to Czech and foreign currencies.
The Czech Republic is becoming a power for forged document such a public documents, telephone cards, etc. This situation leads to latent crime of economic nature.
The problem is that the top copying machines are not republic-wide recorded as in some countries of Western Europe. Counterfeited banknotes made by the principle of electrography have appeared (e.g. CZK 2000 banknotes).
The interest of distributors in counterfeited Czech banknotes is expected in the future. The quality of counterfeited money will be higher, and growth in forged documents is supposed.
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
Good and focused cooperation both at the international and inter-ministerial level continued (e.g. with the Czech National Bank – consultations and the cooperation of experts, with the Customs Administration Headquarters, the Post Service Headquarters, etc.).
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
During the course of the year a document called “Refocusing Priorities and Tasks in the Area of Road Safety According to the Accident Rate in the Czech Republic Having Regard to Efficiency of Measure Adopted Using Best Practices of the EU Members States” was drawn up for the Government on the basis of the EU Assessment Report. This document was approved by Government’s Resolution No. 702 dated 12 July 2000.
The Police President announced that the year 2000 was to be the year of motor vehicle protection. The aim of this action was to organise non-standard activities – exhibitions, advisory days, participation in motor shows, displays of technology for car security, press information and advice for the public.
In 2000, the database of stolen and searched motor vehicles was disclosed on the Internet.
”Project STOP 24” was also aimed at car protection. A car owner who does not intend to use his/her car from midnight till 5 a.m. sticks a white-green sticker with a sign STOP 24 on the rear window (inside the car). If a car with such a sticker is moving on the road within a given time interval it is a subject to a police patrol check.
A range of materials and articles (e.g. fluorescent headbands) were prepared for a project "Child Safety on the Road".
Coordination of BESIP (an abbreviation for road safety) continued. 670 thousand children were trained in various forms of traffic education. Almost 23 thousand adults participated in a number of preventative programme focused on road safety.
The journal INFO-servis BESIP which deals with road safety was published (also on the Internet), a number of TV and radio programmes were prepared.
The newly adopted Act No. 247/2000 Coll., on Receiving Driving Licence and Improvement of Driving of Motor Vehicles and on amendment on some related acts and Act No. 361/2000 Coll., on Traffic on Land Communications should also contribute to solving the issue of car accidents.
In 2001, the Ministry of Transport and Communications and District Authorities will be meeting tasks in the area of road accident prevention, which will be coordinated with the Czech Police and other entities. . The statistics of road accidents will be newly processed.
Act No. 56/2001 Coll., on Land Transport Conditions and on the Amendment to Act No. 168/1999 Coll., on Liability Insurance and the Amendment to Some Related Acts as amended by Act No. 307/1999 Coll., deals with road traffic safety, regulates conditions under which a motor vehicle can be operated.
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.