Report on the Security Situation in the Czech Republic in 1998
(in comparison with 1997)


3. Internal security policy

The basis for formulating government internal security policy, which largely comes out of the government’s programme declaration and the National Security Strategy, lies in adopting an adequate set of measures and steps, the aim of which is restricting crime and increasing citizens’ safety. They are directed towards reinforcing the state’s repressive and preventative role. They are mainly projected into the conceptual resolution of security risks and other problem areas, and into the analytical, legislative and preventative fields. International and inter-ministerial cooperation plays an important role. The effectiveness of the bulk of the measures lies in their mutual links.

3.1. Activities to date aimed at ensuring internal security

In 1998, ministries elaborated a range of conceptual and analytical materials, the basic aim of which was the adoption of a comprehensive set of measures directed towards reducing risk factors in the problem areas in question. This is linked to the adoption of acts (e.g. the Official Secrets Act), amendments to acts and accompanying decrees; a number of acts are in the discussion phase. Crime prevention activities are a priority for all ministries concerned. Inter-ministerial and international cooperation played an important role in 1998. In addition to the fundamental tasks associated with the Czech Republic joining NATO and its future membership of the European Union, cooperation continued with a range of countries in Europe and North America.

3.1.1. The conceptual and analytical field

Conception of the Czech Republic’s visa policy.

National Programme for the preparation of the Czech Republic for EU membership (the basis for the provision of EU assistance under the Phare programme).

The document Measures ensuing from the European Commission’s Regular Report.

Report on procedures by state authorities in punishing crimes motivated by racism and xenophobia or committed by members of extremist groups.

Conception and programme for the Czech government’s anti-drug policy for 1998 - 2000.

Legislative, organisational, technical and financial measures for launching a pilot information system project for screening applicants for Czech visas.

Draft measures to eliminate negative phenomena accompanying the institution of Invitations for foreigners to visit the Czech Republic.

Conception of the modernisation of the visa process.

Schedule of measures for the production and use of a new form for Invitations for foreigners to visit the Czech Republic and for establishing a comprehensive records system for that institution.

Conception of the modernisation of checks on persons at national borders.

Conception and programme for the prevention of sociopathic phenomena for 1999 - 2000 (under the Ministry of Defence).

Conception of the prevention of the abuse of addictive substances and other sociopathic phenomena among children and young people for 1998 - 2000 (under the Ministry of Education).

Minimal preventative programme for schools and education facilities against the abuse of addictive substances, entitled Drug-Free Schools.

Action programme to increase road safety.

Security strategy for the Czech Republic.

Special reports containing evaluations of information on criminal activities by members of the Czech Police, crimes committed by juveniles and minors, crimes committed on children and young people and evaluations of the effectiveness of the current regulations relating to instances of violence against women were produced by the Supreme State Prosecutor’s Office.

The Czech Police and Ministry of the Interior’s Report on the security situation, Information on migration, Report on crime prevention and Official Crime Figures are regularly submitted to the government and then to Parliament, i.e. in 1998 as well.

3.1.2. Legislation

Constitutional Act No. 110/1998 Coll., on the Security of the Czech Republic.

Act No. 112/1998 Coll., which revises and supplements Act No. 140/1961 Coll., the Criminal Code, as subsequently amended and CNC Act No. 200/1990 Coll., on misdemeanours, as subsequently amended.

Act No. 167/1998 Coll., on Addictive Substances and on revisions to certain other acts.

Act No. 148/1998 Coll., on Official Secrets and on revisions to certain acts.

Act No. 154/1998 Coll., which revises Act No. 3/1993 Coll., on the State Symbols of the Czech Republic.

The amendment of Act No. 293/1993 Coll., on custody.

The amendment of Act No. 337/1992 Coll., on the Administration of Taxes and Fees.

The amendment of Act No. 1/1991 Coll., on Employment.

The amendment of Act No. 9/1991 Coll., on Employment and the Activities of Czech Authorities in Employment.

The factual intent of the Copyright Act.

Government Regulation No. 138/1998 Coll., on the Protection of Constitutional Officials of the Czech Republic.

Draft amendment of Act No. 153/1994 Coll., on the Intelligence Services of the Czech Republic, in the wording of Act No. 118/1995 Coll., and Act No. 154/1994 Coll., on the Security Information Service, in the wording of Act No. 160/1995 Coll.

The Act on Foreigners’ Residence in the Czech Republic and on revisions to certain other acts.

The Act on Asylum and on supplementing Act No. 283/1991 Coll., on the Czech Police.

The Act on Recording the Population and Birth Registration Numbers.

The Act on Identity Cards.

The Act on Travel Documents and on revisions to Act No. 283/1991 Coll., on the Czech Police, as subsequently amended (the Travel Documents Act).

The amendment of Act No. 288/1995 Coll., on Arms and Ammunition (the Firearms Act), in the wording of Act No. 13/1998 Coll.

An act revising Act No. 283/1991 Coll., on the Czech Police, as subsequently amended,

The Act on the Collection of Laws and on the Collection of International Treaties.

The Draft Act on imprisonment and on revisions to certain related Acts.

The factual intent of the amendment of Act No. 200/1990 Coll., on misdemeanours, as subsequently amended,

The Act on Registers, Names and Surnames and related regulations.

The Act on the Acquisition of Czech Citizenship by Former Citizens of Czechoslovakia and the Czech Republic.

The amendment of Act No. 40/1993 Coll., on the Acquisition and Forfeiture of Czech Citizenship, as subsequently amended.

3.1.3. Prevention

Crime prevention activities46 focused on two areas:

1. in connection with the formulation of a conception of preventative policy at the inter-ministerial level and its implementation at the local level. These tasks were ensured by means of the Republican Crime Prevention Committee, for whose work the Ministry of the Interior is responsible.

2. aimed at creating a crime prevention system within the Ministry of the Interior, enhancing the Czech Police’s preventative role, improving the expertise of staff working on prevention and on creating information mechanisms for crime prevention.

on 1) The priority was to formulate preventative programmes at the local level, including integrating the Czech Police into those programmes and preparatory work on the formulation of a Proposal for a systematic approach to dealing with child and juvenile offenders (the document will be submitted to the government in May this year).

Since 1996, a project of preventative programmes at the local level has been implemented under the name Comprehensive Cooperation Programme for the prevention of crime and drug addiction at the local level (CCP). The essence of the project is the creation of a wide range of interconnected projects for social and situational prevention, including informing citizens in the regions, with implementation by the public administration authorities, including the Czech Police, non-governmental organisations and individual citizens. The starting point for elaborating programmes is a local analysis of the criminal and social situation. Local authorities coordinate the organisation of preventative programmes.

A state subsidy system has been set up to support preventative programmes in towns with a high level of crime and other social risk phenomena (e.g. unemployment, a large number of persons with long-term dependency on social security benefits, a concentration of socially handicapped persons, the spread of drugs, prostitution), for which funds have been allocated for a third year under the chapter General Treasury Administration in the state budget. This system - selection procedures, project appraisal, methodical assistance in disposing of funds allocated, controls of the use of funds and the production of data for the state closing account and the creation of an information system - has been managed by the Ministry of the Interior. The Republican Crime Prevention Committee has decided on the distribution of funds.

In 1998, state subsidies supported 490 projects in 43 towns in the Czech Republic, amounting to a total of CZK 105 million.

In social prevention, projects supported have aimed at working with individuals and groups at risk. They can be divided into several categories: free-time, education, interests, crisis and advisory facilities and primary addiction prevention. In situational prevention, projects supported have been in technical equipment restricting opportunities for crimes to be committed and informing the public on technical crime security options, the range of social intervention, crisis and advisory services, options for free time, the current traffic situation, etc.

on 2) Under the Ministry of the Interior, the Czech Police continued the process of integration into preventative systems and reinforcing its analytical and preventative information and advisory role, working with local authorities on planning preventative measures and with individual citizens. In July 1998 the Methodical Council for Czech Police Prevention Information Groups was established to elaborate a work methodology.47 Czech Police press spokespersons also undertake prevention work. In connection with improving the Czech Police’s analytical work in implementing the Comprehensive Cooperation Programme for the prevention of crime at the local level, there was a project to equip 33 analytic departments with information technology.

In April 1998 the Advisory Committee for Situational Prevention was established.48 The Committee’s task is to improve cooperation between individual bodies and create joint strategies to combat automobile crime, breaking and entering into residential and recreational buildings, crime in public places and shops and to promote personal protection. 1998 was devoted to protecting residential areas.

As part of establishing information mechanisms for crime prevention, a media campaign for crime prevention was launched under the name Safe Society, a crime prevention Press Service was elaborated and specialist publications and information materials for the public were published. Crime prevention was presented at trade fairs (Pragoalarm 98, Security for Home and Car and PREVENTION 2000) and on the Ministry of the Interior and Czech Police’s web pages. There was preparatory work on a monthly television programme, Magazín - Alarm (”Prevention Expedition”), devoted to presenting prevention activities in 12 towns included in CCP, with recommendations and advice on securing persons and property (broadcast on ÈT 1 since 6 January 1999).

Activities for preventing crowd violence49 were aimed in particular at improving cooperation between the Czech Police and sports clubs in preparing and implementing security measures at football and hockey matches and creating a database of information on current European trends to improve safety at stadiums and on measures to prevent crowd violence.

International cooperation concentrated on preventing child and juvenile delinquency, with an international conference held. Cooperation continued on methods for the police’s preventative activities.

The Czech Republic is represented in UN and Council of Europe bodies - in the UN Crime Prevention and Criminal Justice Commission and in the Council of Europe’s Standing Committee on the issue of crowd violence and inappropriate behaviour at sports events, especially football matches. The Ministry of the Interior ensures activity in these bodies and also took part in defending the introductory and second periodical reports on the implementation of the UN Convention on eliminating all forms of racial discrimination and the introductory report on the implementation of the UN Convention on eliminating all forms of discrimination against women.

In traffic accident prevention,50 activities were particularly aimed at:

3.1.4. International cooperation

European Union

The Czech Republic’s foreign policy priorities include EU membership. In March 1998, talks on the Czech Republic’s accession to the EU commenced, in the form of a bilateral intergovernmental conference. Subsequently, in April 1998, the first phase of screening acquis (comparing EC legislation and acquis of the 2. and 3. pillars with Czech legislation and charging the Czech Republic with adopting all the commitments entailed by EU membership) was formally commenced and should be completed in July 1999. The European Commission (EC) issued a Regular Report evaluating the Czech Republic’s progress in the pre-accession process, where it inter alia criticises corruption in the administration, deficiencies in the judiciary, the problematic application of the State Citizenship Act, the Romany situation, the insufficient protection of national borders and the police’s lax approach to organised crime, corruption and drugs trafficking. Fundamental steps towards future EU membership were aimed at:

Training programmes in EU affairs continued and project proposals were submitted for the Phare 1998 and 1999 National Programmes. Several projects will be implemented by twinning, i.e. cooperation with a partner institution in a selected member state.

NATO

The Czech Republic contributed to establishing a stable security environment under international organisations. NATO membership is of fundamental importance for the security of the Czech Republic. In connection with the acceptance of our country into NATO, all parties concerned focused especially on meeting NATO security standards, the Constitutional Security Act was approved and the State Security Council was set up. There was intensive work on improving mechanisms for defence planning and civil emergency planning. Training on security system issues continued with NATO trainers. The government approved accession to the North Atlantic Treaty in January 1998, followed by the Czech Parliament’s Chamber of Deputies and Senate in April.

The Czech Republic is active in other multilateral security organisations - in the Organisation for Security and Cooperation in Europe (OSCE) as a full member and in the West European Union (WEU), an organisation coordinating NATO and EU relations, as an associate member.

International treaties

In 1998, a total of 9 treaty documents were agreed (2 presidential, 4 governmental and 3 ministerial). They concern in particular regimes and cooperation at national borders with Slovakia, cooperation between the Czech Republic and the International Organisation for Migration, cooperation in the fight against organised crime, the illegal trade in narcotic and psychotropic substances and precursors, terrorism and other dangerous crimes (with Kyrgystan), police cooperation (with Belgium) and cooperation on training and improving qualifications (with the Saxony State Ministry of the Interior). The validity of an agreement on government secret telephone and telegraphic communications with Poland was terminated.

A range of bilateral treaties (presidential, governmental and ministerial) were discussed, concerning e.g. cooperation and mutual assistance in disasters and serious accidents, extradition agreements, cooperation in the fight against organised crime, the illegal trade in narcotic and psychotropic substances and precursors, terrorism and over dangerous crimes, etc.

Multilateral treaties concern the European Agreement on abolishing visas for refugees, the European Agreement on the transfer of responsibility for refugees, the European Convention on the control of the acquisition and possession of firearms by individuals, the European Local Government Charter, the European Convention on recognising the legal personality of international non-governmental organisations, the convention on participation by foreigners in public life at local level, the Agreement on the unauthorised maritime trade, accompanying article 17 of the UN Convention against the illegal trade in narcotic and psychotropic substances, and the European Convention on state citizenship.

Additional activities by the Ministry of the Interior were aimed at cooperation with international organisations concerned with migration issues and cooperation with partner ministries in other countries. In addition to international police cooperation, where priorities focused on combating rising international organised crime activities, international cooperation between customs authorities is becoming more important. Cooperation with financial intelligence units took place mainly under the Egmot Group (an association of financial intelligence units, which are central state authorities which receive, analyse and exchange intelligence on the basis of the Strasbourg Convention and in accordance with national legislation in order to combat money laundering).

In December 1998 a proposal for the signature and ratification of the European Convention on the control of the acquisition and ownership of firearms by private persons was submitted to the government (following accession to this convention, the Czech Republic will be obliged to inform the appropriate foreign authorities of exports of firearms, and to verify data on movements of firearms on the basis of requests from them).

Work began last year on concluding mutual employment agreements - on exchange attachments with Hungary, Luxembourg and Lithuania, on mutual employment with Bulgaria, and on exchange attachments and mutual employment in Czech-Austrian border areas.

Expert discussions on the draft amendment of the Agreement between the CSSR and Austria on national borders were concluded and the work of the Standing Czech and Slovak Border Committee commenced. Cooperation continued in committees ensuring the administration of national borders with neighbouring countries and in the Group of Czech and German Experts on implementing an Agreement between the Czech and German governments on border relations on tourist paths and in tourist zones and on crossing national borders in special cases.

Cooperation continued with a range of European and North American states in the form of courses, attachments, exchange study visit and language training. Study activities were aimed above all at training social assistants, social work with offenders, training prison staff, including prison clergymen and preventative measures for drug addicts in penal facilities, training lecturers at police colleges, etc. Cooperation continued with Germany (with the Hanns Seidl Foundation, the Police Academy in Munster and with police colleges in Saxony, while cooperation with the Barvarian Judicial College was initiated). Cooperation with Holland was mainly concerned with training police college lecturers and social assistants.

Cooperation with France took the form of a long-term attachment at the Police College in Lyon, training on EU accession by the French organisation E.N.A. and language training for the Ministry’s staff at the French Institute in Prague. Cooperation is continuing with the Central European Police Academy, the Association of European Police Academies (for senior management in the police in line with EU standards), the USA, the ILE Academy in Budapest (intellectual property protection course) and the Royal Canadian Mounted Police (a seminar for personnel workers and psychologists).

Last year, representatives of central authorities and institutions took part in a range of international meetings (e.g. on industrial security), conferences (e.g. on the treatment of special groups of convicted offenders), attended seminars on EU accession and NATO accession, etc.

Representatives of the Czech Republic are members of other commissions and working groups, in particular:

3.1.5. Inter-ministerial cooperation

Good cooperation between the ministry departments and state and local administration authorities concerned is essential to deal with internal security problems, taking the form of working groups, commissions, etc. They include:

Following an analysis of railway security, the Ministry of Transport and Communications has proposed establishing a further inter-ministerial commission which would regularly look at the issue of cooperation on railway safety.

There were a range of bilateral talks and agreements on current problems (OFRI, SIS, VOZ, the Czech National Bank, the Inspectorate for Narcotic and Psychotropic Substances, the Ministry of Health, the Licensing Administration, the Hallmark Office, the Czech Commercial Inspection, the State Nuclear Safety Office, etc.).

3.2. Fundamental internal security activities for 1999

Internal security policy activities are based on analyses of the status of and trends for crime and security risks. They are aimed at combating organised crime, corruption, serious economic crime, intellectual property crime, illegal migration, the illegal drugs trade and expressions of racism and xenophobia. A range of legislative measures are under preparation, with significant benefits from the new Czech Police Act, the Copyright Act, the Crisis Management and Integrated Rescue System Act, the Asylum Act, the Witness Protection Act, an act modifying the Code of Criminal Procedure and related acts, etc. On-going international cooperation is very important, with the Czech Republic’s preparations for the implementation of the Schengen agreements crucial. The ministries concerned will continue to work towards establishing a crime prevention system.

3.2.1. The conceptual and analytical field

The Government Programme for the fight against corruption in the Czech Republic and the Report on corruption in the Czech Republic and options for an effective approach to this negative social phenomenon.

Conception of the fight against intellectual property crime.

Information on the Czech Republic’s readiness to meet the requirements of the Schengen agreements, in terms of state security.

Proposal for a system for the more effective deployment of the existing forces and funds of the Foreigners’ and Border Police for the protection of national borders and control of persons on them, including a control system for persons within the country.

Timetable of measures to bring the system to modernise the visa process into operation and a proposal for funding requirements to implement the entire project.

A proposal for financial requirements for controlling persons on borders in the year 2000, including related measures to modernise the visa process.

A proposal for financial requirements for controlling persons on borders, including related measures to modernise the visa process, in 2001 and subsequent years.

Report on the fulfilment of talks in the Timetable of measures for the more efficient control of persons on national borders.

Report on the state of and current problems in Czech penology, with a proposal for a new specification of the number of members and civilian staff of the Czech Prison Service.

Organisational and economic arrangements for refugees in the Czech Republic.

Proposal for a solution to problems connected with prostitution.

Proposal for a systemic approach to dealing with child and juvenile delinquents.

Reports and analytical and conception materials which are regularly submitted to the government (see chapter 3.1.1.) have since 1999 also included the Report on the procedure by state authorities in punishing crimes motivated by racism and xenophobia or committed by members of extremist groups, Information on the results of controls on corruption and from 2001 onwards the Annual Report on bribery and crime among public officials in the Czech Republic.

3.2.2. Legislation

Draft factual intent of the amendment of Act No. 424/1991 Coll., on associating in political parties and political movements, as subsequently amended

For submission to the government by 31 January 1999

Amendment of Act No. 531/1990 Coll., on regional revenue authorities

For submission to the government by 28 February 1999

Draft factual intent of the Municipalities Act

Draft factual intent of the Act on the Capital City of Prague

Draft factual intent of the District Authorities Act

Draft factual intent of the Act on the activities and authorities of higher regional administration units

Factual intent of an act modifying the Code of Criminal Procedure and related acts

Draft factual intent of the Association Act

Draft amendment of Act No. 455/1991 Coll., the Trades Licensing Act (expected to come into force on 1 January 2000)

For submission to the government by 31 March 1999

Draft Road Traffic Act

Draft Act on motor vehicle driving qualifications

Draft Act on crisis management and the integrated rescue system

For submission to the government by 30 April 1999

Draft factual intent of the amendment of Act No. 152/1994 Coll., on municipal elections and on changes and supplements to other acts, in the wording of Act No. 247/1995 Coll.

Draft factual intent of the amendment of Act No. 247/1995 Coll., on parliamentary elections and on changes and supplements to other acts

Draft factual intent of the Act on public collections

For submission to the government by 31 May 1999

Draft amendment of Act No. 200/1990 Coll., on misdemeanours, as subsequently amended

Act modifying the Code of Criminal Procedure and related acts51

Draft Copyright Act

Draft factual intent of the Czech Police Act52

Draft factual intent of the Act on the function of members of the Czech Police

Draft amendment of Act No. 61/1996 Coll., on measures against the legalisation of proceeds from crime and on changes and supplements to related regulations

Draft factual intent of the Weapons and Ammunition Act

Draft factual intent of the amendment of CNC Act No. 68/1990 Coll., on the use of the state emblem, state flag and other symbols of the Czech Republic, as subsequently amended

Draft Act on elections to the higher regional administration units

Draft factual intent of the amendment of Act No. 152/1994 Coll., on municipal elections and on changes and supplements to other acts, in the wording of Act No. 247/1995 Coll.

Draft factual intent of the Act on pre-school, primary, secondary, higher vocational and interest education (the Schools Act)

Draft factual intent of the Act on institutional education, protective education and the provision of preventative care

For submission to the government by 30 June 1999

Draft factual intent of the Act on private security services and similar activities and on changes to Act No. 455/1991 Coll., the Trades Licensing Act - (the Act on Private Security Activities)

Draft Municipalities Act

Draft Act on the Capital City of Prague

Draft District Authorities Act

Draft Act on the activities and authorities of higher regional administration units

Draft Government Regulation abolishing Government Regulation No. 512/1991 Coll., accompanying Act No. 216/1991 Coll., on travel documents and foreign travel, as subsequently amended

For submission to the government by 30 September 1999

Draft amendment of Act No. 634/1992 Coll., on consumer protection, as subsequently amended (expected to come into force on 1 July 2000)

Draft amendment of Act No. 64/1986 Coll., on the Czech Commercial Inspection (expected to come into force on 1 July 2000)

For submission to the government by 30 November 1999

Draft factual intent of the amendment of Act No. 133/1985 Coll., on fire protection, as subsequently amended

Draft factual intent of the Czech Fire Brigade Act

Draft factual intent of the National Borders Act

Draft amendment of Act No. 133/1985 Coll., on fire protection, as subsequently amended

Draft Czech Fire Brigade Act

Draft amendment of Act No. 424/1991 Coll., on association in political parties and political movements, as subsequently amended

Draft Association Act

Draft factual intent of the Act governing the procedure in referendums

Draft amendment of Act No. 152/1994 Coll., on municipal elections and on changes and supplements to other acts, in the wording of Act No. 247/1995 Coll.,

Draft amendment of Act No. 247/1995 Coll., on parliamentary elections and on changes and supplements to other acts

For submission to the government by 31 December 1999

Draft decree on the reimbursement of expenditure for members of the Czech Police in connection with the exercise of duty

Draft decree on equipment provided to members of the Czech Police in connection with the exercise of duty

Draft decrees on provisions provided to members of the Czech Police in connection with the exercise of duty

The time-limit for submission to the Minister of the Interior for approval by 28 February 1999 was not adhered to, no new time-limit has yet been set.

Draft decree stipulating the principles for coordinating elements of the integrated rescue system in joint interventions and the regulations for cooperation between operational centres for elements of the integrated rescue system and details of degrees of alarm and activities for their being declared

Draft decree stipulating the principles of crisis communication in the integrated rescue system and the structure of data imparted

Draft decree accompanying the Identity Cards Act

Draft decree accompanying the Travel Documents Act

Draft decree accompanying the Act on recording the population and birth registration numbers

For submission to the Minister of the Interior for approval by 15 November 1999

3.2.3. Prevention

The following will be prepared for discussion by the government: 1998 Report on implementing tasks from the Crime Prevention Strategy up to the year 2000 (March); Proposal for a solution to problems connected with prostitution (March); Proposal for a systemic approach to dealing with child and juvenile delinquents (May).

Further priorities include:

3.2.4. International cooperation

European Union

Screening talks will be held in Brussels for justice, internal affairs and the free movement of persons. A position document will be produced for these chapters, to commence talks with the EU. The implementation of projects from the 1998 Phare National Programme will continue and a final version of the agreement on cooperation with EU member countries under twinning will be prepared.

For international treaties, work will focus on treaties elaborated and discussed in 1998. A draft Treaty between the Czech Republic and Austria, which changes and supplements the Treaty between the CSSR and Austria on common national borders, will be submitted to the government. Work is also underway on e.g. a Convention on the legal status of homeless persons and a readmission agreement with Moldova, and negotiations will be initiated for agreements on police cooperation and further readmission agreements. Attention will be devoted to the 1999 cooperation programme for local administration in order to implement the 3rd part of the Agreement of 2 April 1997 between the Governments of the Czech Republic and France on cooperation for the police, public order and public administration.

Training and study activities will continue, together with attendance at conferences and exchanges of experience.


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