On the 20th and 21st of October 2021, the Council of Europe’s Human Rights Education for Legal Professionals (HELP) Programme organised a high-level CoE-EU conference on countering cross-border crime and human right implications. Due to the restrictions imposed by the covid-19 pandemic, the conference took place in a hybrid format from Strasbourg, with a limited number of participants in presential modality and more participants engaging virtually.
Organised within the framework of the EU-CoE project HELP Radicalisation prevention, Judicial response to terrorism and international cooperation in criminal matters, the conference (HLC) gave a unique opportunity to the members of the HELP network to listen to experts from different areas, ranging from cybercrime to deradicalization, or rights of victims of terrorism. This two-year project, funded by the European Union and implemented by the Council of Europe, aims at supporting not only legal professionals at all levels, but also prison and probation staff in the application and implementation of human rights standards at a national level. This has been done by providing specific training and by creating opportunities for networking and exchange of best practices as this HLC.
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In his welcoming address, Mikhail Lobov, Head of Department for the implementation of Human Rights, Justice, and Legal co-operation standards of the Council of Europe, introduced the partners and speakers throughout the two-day conference. While expanding on the purpose, framework, and goals of the event, he put an accent on the need not only for closer international cooperation in combatting crime, but of mutual trust and confidence; pushing to explore the potential of cooperation between the European Union and the Council of Europe to the benefit of member states and beyond. Finally, addressing the exponential growth the HELP program has experienced since the insurgence of the covid pandemic [from some 40,000 users in January 2020 to more than 90,000 in October 2021], with high demand of online training inside, and outside, Council of Europe member states.
Meglena Kuneva, Ambassador of the European Union to the Council of Europe, highlighted the importance of the rule of law, not as a tool, but as a pillar of cooperation as observing the benefit of well-trained defenders of the rule of law. She illustrated the benefits of cooperation between the European Union and the Council of Europe with HELP projects, in addressing challenges such as judicial inclusion, and reiterates the importance of maintaining institutional efforts to perpetuate project outcomes. Furthermore, restating the importance of the HELP program in the constant learning of legal professionals in a world of perpetual development.
In her discourse, Krisztina Gosztonyi, Deputy Permanent Representative of Hungary to the Council of Europe, explored several challenges faced nowadays in the legal area: protection of minorities, children rights, environmental protection, etc. and further expanded on digital and technological challenges encountered, as well as their importance in facing the cyber-space and cyber-crime. Moreover, considering children’s rights and digital law and thanking its attention in different HELP course modules; highlighting with it the right and significance to a healthy environment. Finally, as Hungary’s representative, the increasing interest towards the HELP program since the implosion of the covid pandemic was acknowledged, including from Hungarian legal professionals.
Finishing the opening addresses, the Head of Justice and Human Rights Training Division of the welcoming institution, Eva Pastrana, welcomed all participants and speakers and went over the goal, challenges, and methodology of the HELP program as well as the efforts maintained towards the project of radicalisation prevention, judicial response to terrorism and international cooperation in criminal matters. Reinforced the statements over the rule of law, cyber-crime and reiterated the position of the HELP secretariat towards radicalisation and terrorism.
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Attacking the subject of European cooperation regarding cross-border crime (European Union and Council of Europe), Anita Van De Kar-Bachelet, Head of Mutual Assistance Unit of the Council of Europe, addressed the priorities of the institution in cooperation for cross-border crime. To do this, a summary of the historic parcourse and the main actors in place was made, until reaching the exposition and development of five key areas for cooperation (i) police and judicial international cooperation, (ii) special investigative techniques, (iii) witness protection, (iv) administrative synergies and cooperation of the private sector, and (v) recovery of assets. Concluding on the idea that the fight of international crime can only happen by strengthening international criminal cooperation.
Peter Csonka, Deputy Director, Criminal Justice, DG JUST and Consumers of the European Commission, went over several tools in place for police cooperation in the EU since the 1990s, introduced to a certain extent thanks to precedent work by the Council of Europe and, more particularly after the Treaty of the Functioning of the European Union (TFEU) and its relation to the EU Charter of Fundamental Rights. Introducing the tools in place for cooperation, Mr. Csonka explored the concept of mutual recognition in civil and judicial cooperation, the harmonisation of law, the agencies and bodies of judicial cooperation in the EU, the development of crime categories, the digitalisation of justice in the EU, the EQUIS platform, and finally detailed police cooperation with the mention of Europol, its functioning, goals, and functions.
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An overview of the achievements of the HELP program and the engagement of HELP towards the project of Radicalisation prevention, Judicial response to terrorism and international cooperation in criminal matters were presented by Eva Massa-Arranz, HELP Project Coordinator, Conference Mediator and Organizer. Putting forward the HELP courses in direct relationship with the project that are: Radicalisation prevention, Terrorism, Managing foreign national prisoners (Europris), International cooperation on criminal matters, Combating trafficking in human beings, Pharmaceutical crime and the MEDICRIME convention, Procedural safeguards in criminal proceedings and victims’ rights; and further introduced the upcoming course on Cybercrime.
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Following, took place a roundtable dedicated to the main challenges in place when considering international cooperation in the criminal process, where several actors had a chance to participate. Addressing issues at three levels through: investigation and arrest relating to law enforcement agents, judicial cooperation and mutual assistance linked with judiciary powers, and transfer of prisoners and other prison and/or probation issues, in direct relation with prison and probation services and officers. The following experts shed light on the following matters:
- Michael Grindau, in representation of the European Counter Terrorism Center, EUROPOL, who addressed the challenges of cross border operations.
- Vera Pavinska, Acting Head of Unit for Training and Research of the European Union Agency for Law Enforcement Training, CEPOL, who discussed the law enforcement training needs observed nowadays.
- Hilde Vandevoorde, Chair of the Eurojust Counter-Terrorism Team and National Member for Belgium, who, due to technical issues only had a chance to expose her part at the end of the day, exploring the challenges of counterterrorism.
- Nadya Radkovska, Vice-Chair of the Council of Europe’s Council for Penological Cooperation (PC-CP), who considered the challenges of transferring prisoners and the need to avoid extremism.
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Throughout the afternoon, four workshops took place simultaneously over two timeslots as following:
Workshop A, on the Returning of Foreign Terrorist Fighters (FTFs) including women and children. Chaired by Jelena Jolic, from the Council of Europe’s Counterterrorism Division, the workshop’s presentation led by Magnus Ranstorp, Leading Scholar on FTFs, Research Director, and Special Adviser of the EU Radicalisation Awareness Network (RAN), considered the challenges to returning and processing those clearly involved in terrorist activities putting forward queries on the respect of human rights, security concerns and de-radicalisation. Followed by Steffen Saigusa Nielsen, East Jutland Police in the Crime Prevention Section, who illustrated the subject with the national experience of Denmark.
Workshop B, happening simultaneously as the above-mentioned, on the De-radicalisation and Dis-engagement programs in Prison and Probation. Chaired by Willem Van Der Brugge, Secretary General of the Confederation of European Probation (CEP). The subject presentation was guided by Vivian Geiran, Member of the Council of Europe PC-CP and former Director of the Irish Probation Service, exchanging best practices regarding the implementation of deradicalization and disengagement programs in Europe. Furthermore, practices which were then explained in a case-study of the Spanish situation, presented by Ángel López Muriel, Security Assessor of the General Directorate of Penal Execution and Social Reintegration of Penitentiary Institutions of Spain.
Workshop C, on the challenges of Supporting victims of crime and terrorism, taking place under the chairmanship of Ana Salinas de Frías, Expert on counter-terrorism and radicalisation at the University of Málaga, addressed the importance and the role of victims and survivors of terrorism in countering terrorist narratives through the speech of Phoebe Jamieson, from the Council of Europe Network for Victims of Terrorism. Then, illustrated by the German national experienced presented by Nane Retzlaff, Legal officer at the Secretariat of the Federal Government Commissioner for the Victims and Bereaved of Terrorist Offences committed on National Territory.
Workshop D, on Cybercrime and human rights, chaired by Virgil Spiridon, Head of Operations of the Cybercrime Programme Office in Bucharest for the Council of Europe. Through this workshop, Fernanda Teixeira Souza Domingos, International Expert and Federal Prosecutor, explored the challenges in the investigation of cybercrimes and the protection of human rights. Subsequently, exemplified by the national experiences of the United States and Spain, respectively presented by Benjamin Fitzpatrick, Senior Counsel, Computer Crime and Intellectual Property Section of the Criminal Division from the U.S. Department of Justice, and Javier Zaragoza Tejada, Senior Prosecutor, expert in cybercrime, and counsellor in the Spanish Constitutional Court.
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Finally, the first day of the High-Level conference was closed by Eva Massa-Arranz who summarized the topics explored throughout the day, reiterated the challenges put forward and participating institutions, trough representatives, to the accomplishment of the conference.
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The second day of the High-Level conference was focused on the HELP program and network, its development, and possible ways of collaboration with other institutions. In this sense, Eva Pastrana first took the floor to present the achievements and the engagement of the HELP network and partners, showing an exponential growth of users of the HELP platform since the beginnings of the covid-19 pandemic, relating to the increasing need of online formations, as well as the main countries of implementation of HELP courses. Furthermore, the Head of Division overviewed the courses available in the HELP platform, as well as the main audiences of interest. Reminded participants of the long way the HELP program has come from its starting days 15 years ago and its crucial role in implementing human rights standards to the benefit of all.
Afterwards, Eva Massa-Arranz presented the HELP courses recently updated, and further gave an overview of the newest courses as well as the upcoming course on cybercrime. Moreover, she presented the courses now available on different languages that could call upon the interest of nationals from several countries.
Simone Cuomo, Secretary-General of the Council of Bars and Law Societies of Europe (CCBE) addressed the participants in an introduction of his institution, the goals and work accomplished, and possible collaborations with the HELP platform and network, mainly over the field of digitalisation. Further reminding the importance of digital empowerment especially in criminal law, as considering 98% of firms dedicated to the matter in Europe having between 1 and 9 employees.
Finally, Eva Massa-Arranz, took over the microphone to detail the practicalities of the HELP courses and their possible implementation at national levels, considering costs, international and institutional financing, as well as challenges emanating from the covid pandemic and beyond; and other collaboration possibilities with national institutions as much as regional or international organizations to the benefit of a wider public.