PREVENTION, REPRESSION AND REHABILITATION: A JUDICIAL PERSPECTIVE

16th of November 2018, FIRST HIGH LEVEL PANEL

RADICALISATION, TERRORISM, ORGANIZED CRIME

Following the UNSC Resolution 2178 several EU countries adapted their legislation to the evolving threats of terrorism and radicalisation.

After seven trialogue negotiations the European co-legislators have come to an agreement on the draft text of the new Directive (EU)2017/541, which adds new terror-related offences to the existing list and criminalises also preparatory acts. Several sentences at different procedural stages are pronounced in Europe since 2015 based upon the new provisions, with a relevant impact on the prisons.

However, also relevant juridical and technical problems are emerging from the new legislation, posing new questions related to the coherence with the national legislations, harmonisation with new and EU Directives and Framework Decisions, ECtHR and CJEU case-law and, finally, the international ‘soft’ legislation.

The two High Level Panels (HLPs) explore these topics from a multiagency perspective, addressing questions connected to procedural and substantial law, investigations and penal executions, with a special attention to the potential desocialisation effects of security measures framed within the Framework Decisions.

16th of November 2018, SECOND HIGH LEVEL PANEL

JUVENILE JUSTICE AND FOREIGN FIGHTERS

From 2015 in several Member States’ suspects and convicted of terror-related crimes are deprived of the parental responsibility.

A very similar strategy, aimed at protecting minors, has been adopted in Italy for cases of organized crime (OC), particularly ‘Ndrangheta. Moreover, it should be noted that the Directive 2017/541 exposes thousands of children, minors and young adults, and their families, to the suspect of radicalisation and terrorism, with serious legal consequences, including several restrictive, security or preventive pretrial measures.

As a consequence of this new regulatory framework, a few hundred of European minors (or third country national minors residing in MSs) are kept in incommunicado detention by non-State actors in Syria. This High Level Panel explores the compliance of the emerging CT and OC policies with the Directive (EU) 2016/800, UN Convention on the Rights of the Child (1989), and the Council of Europe guidelines of 17 November 2010 on child-friendly justice.

This panel will try to address the question of similarities between jihadism and terrorism and how measures adopted in the context of anti-Mafia may be transferred to CT practices. This panel will be introduced by a video document named “Forgotten Jihadi Women” which was produced by Agenfor International in Syria as part of the training for the Italian Ministry of Justice.