Alternative sanctions and probation in Montenegro

Study The system of alternative sanctions and probation in Montenegro – legal framework and the transition process from imprisonment to re-integration into society is the project activity of our member organisation Juventas, as a partner of the project to strengthen probation and alternative sanctions in Montenegro and Serbia. The project was funded by the Ministry of Foreign Affairs of The Netherlands. The main goal is to contribute to improved security in communities, reducing the rates of returnee and more efficient application of alternative sanctions.

The first part of the study contains an overview of the institutional and legal framework of the probation system and alternative sanctions in Montenegro, with special reference to parole, conditional condemnation and conditional condemnation with protective surveillance. Also, special attention is paid to comparative analysis, with Serbia, Croatia and Switzerland systems.

The second part of the study deals with the transition from imprisonment to re-integration into society. The focus is at the regulation of this transition in the Montenegrin legislative framework, and then follows the description of that process from the point of view of the persons who have passed through that process. The study provides a kind of insight into the functioning of the criminal sanction execution system and underlines both good and quality sides, and those that need to be improved in the coming period.

The aim was to analyze this process, identify legal solutions, practical implications, positive things, but also shortcomings, and all the endeavor to create a kind of road map that all relevant actors in this area must follow to improve it.

The roadmap is a proposal for concrete steps to be taken to correct the identified deficiencies in the system and practical functioning, and to make the system of alternative sanctions, the probation system and transition through the criminal sanctions of the criminal sanctions better and post-penalty acceptance more efficient.

During the preparation of the study, cooperation was established with many institutions, without whom authors would not be able to obtain data. Juventas thanks the Ministry of Justice of Montenegro, the Department of Criminal Sanctions, the Directorate for Conditioning, and the Center for Social Work in Podgorica.

Thanks also go to the expert term from the Helsinki Committee of the Netherlands, which supported the entire work on the study and gave significant suggestions and advice.

Juventas are especially grateful to all prisoners and former prisoners whose sincere testimonies in the situation in practice was extremely important for making a study and enabled important data to make the road map.

The Study is available following this link>>>.

 

A report on the global qualitative study

The International Network of People who Use Drugs (INPUD) has collaborated with the World Health Organization (WHO) Department for Global HIV, Hepatitis and STI Programmes on a global qualitative study examining the values and preferences of key populations, including people who inject drugs, for HIV, Hepatitis and STIs services. The findings of this study will inform the update of the WHO 2016 Consolidated Guidelines for HIV prevention, diagnosis, treatment and care for key populations. These Guidelines will be used to inform countries on the design and implementation of health packages for key populations, making it extremely important that they take into account the specific values and preferences of each key population included in the study (people who inject drugs, gay and bisexual men and other men who have sex with men, female, male and trans sex workers and trans people).

Across the globe, people who inject drugs continue to be at increased risk of HIV, viral hepatitis (HCV, viral hepatitis B (HBV) and tuberculosis (TB). In order to reduce HIV, HCV and HBV transmissions along with overdose deaths, a comprehensive package of harm reduction interventions must be made available to people who inject drugs. Although such interventions are considered by the WHO and other UN agencies as essential to achieve global targets, access to harm reduction is still limited or non-existent in many countries, with less than 1% of people who inject drugs having sufficient access to services. Structural barriers caused by the criminalisation of drugs and the accompanying stigma and discrimination directed towards people who inject drugs are among the biggest contributors to this problem.

As one of the four key population networks included in the study, INPUD conducted eight regional focus group discussions and ten semi structured interviews with people who use drugs from 27 total countries. This report is a summary of our key findings that will be used to update the Consolidated Guidelines with the values and preferences of people who inject drugs.

The findings of this research emphasise the critical importance of listening to the values and preferences of people who inject drugs to guide services and interventions and ensure there is a primary focus on delivering genuine person centred care.

The report is available following this link>>>.

 

Arbitrary detention and drug policies

A virtual parallel event to the 47th session of the Human Rights Council took place on Friday 2 July, 13:30 CET, under the title: ‘Strengthening the role of the UN human rights system in drug policies: The case of arbitrary detention’.

The aim of this event was to present the important new study on arbitrary detention and drug policies by the UN Working Group on Arbitrary Detention, and to discuss its implementation, as well as how to strengthen the role of the UN human rights system in drug policies

The Human Rights Council, in its resolution 42/22, requested “the Working Group to prepare, as suggested by the Working Group in its report submitted to the Human Rights Council at its thirtieth session, in close consultation with Member States, civil society, relevant international and regional organizations, United Nations agencies, funds and programmes, particularly the United Nations Office on Drugs and Crime, in full respect of the mandates of the United Nations Office on Drugs and Crime and of the Working Group, and with the support of the Office of the United Nations High Commissioner for Human Rights, a study on arbitrary detention relating to drug policies to ensure that upholding the prohibition thereon is included as part of an effective criminal justice response to drug-related crimes, in accordance with international law, and that such a response also encompasses legal guarantees and due process safeguards, in accordance with the recommendation on this issue contained in the outcome document adopted by the General Assembly on 19 April 2016 at its special session, and to submit a report thereon to the Council at its forty-seventh session, and to bring the report to the attention of the Commission on Narcotic Drugs as the policymaking body of the United Nations with prime responsibility for drug-control matters“.

Following a public call for input, submissions were received by 15 June 2020 and are available in the Study.

In it, the Working Group examines how drug policies may result in human rights violations relating to arbitrary detention and makes recommendations. It draws on the Working Group’s own jurisprudence, positions taken by other human rights mechanisms and United Nations entities and contributions submitted by States and other stakeholders.

To read the UN Office of the High Commissioner for Human Rights Study on arbitrary detention relating to drug policies, follow this link>>>.

 

Let’s talk about drugs

Taken from the IDPC webpage

In June-July 2020 Rights Reporter Foundation, YODA, Re Generation, Young Wave and Center for Humane Policy conducted an assessment of drug education in Bulgaria, Hungary, Lithuania, Poland, and Serbia based on the methodology developed by EHRA within the LEt’s Talk about drugs – new MEthods of communication with youth – LET ME project funded by the European Commission (ERASMUS+ program). The goal of the study was to assess existing drug education and its effectiveness, look at what information on drugs is available and how it is perceived by young people, examine the methods and tools used by different actors to talk about drugs with youth, and gather best practices.

The stakeholders interviewed—young people and representatives of harm reduction, prevention, and youth organizations—all agree that existing drug education is ineffective and fails to address the needs and patterns of drug use among young people.

The report will be used to design and create the manual, but also for the advocacy activities related to the promotion of prevention and harm reduction services in the youth work.

The reports are available in English and all national languages following this link>>>.

 

‘Cannabis’ and cannabinoids terminology issues

Our friend, independent researcher Kenzi Riboulet-Zemouli, published article addressing conceptual issues with the terminology of Cannabis and cannabinoids on the last days of 2020.

The article presents results of the research undertaken in parallel to the three-year assessment of Cannabis derivatives by the World Health Organisation. The scope is limited to Cannabis products intended for human incorporation (internal and topical consumption). Primarily embedded in pharmacognosy, the study incorporates a wide range of scholarly and grey literature, folk knowledge, archives, pharmacopœias, international law, field pharmacy, clinical and herbal medicine data, under a philosophical scrutiny. Generic and Cannabis-specific nomenclatural frames are compared to determine the extent to which they coincide or conflict.

Article ‘Cannabis’ ontologies I: Conceptual issues with Cannabis and cannabinoids terminology is available following this link>>>.

Kenzi announced that the part II of the study (‘Cannabis’ ontologies II) will follow this year with a series of more practical, concrete outputs and a proposed evidence-based nomenclature of Cannabis sativa products and cannabinoid compounds.

 

Drug-related infectious diseases in Europe

Excerpts from the EMCDDA press release

Testing for drug-related infectious diseases among people who inject drugs (PWID) is crucial if international health targets are to be met. This is among the conclusions of a new EMCDDA report Drug-related infectious diseases in Europe. The update, from the agency’s drug-related infectious disease network, stresses that early diagnosis through testing, and improving links to treatment and care, are crucial steps towards reaching global health goals.

Launched during European Testing Week (15–22 May), the report offers an overview of drug-related infectious diseases among PWID in Europe, including the prevalence and incidence of HIV and viral hepatitis. It also tracks progress on health targets and showcases successfully implemented evidence-based interventions. It underlines the need to ramp up prevention and testing and signals that European countries are lagging behind when it comes to treating hepatitis C virus (HCV) and HIV among PWID.

HIV and chronic viral hepatitis are highly prevalent among people who inject drugs, being transmitted through the sharing of injecting equipment, such as needles and syringes. Addressing the needs of this group is critical to achieve the UN Sustainable Development Goal of Good Health and Well-being (SDG 3), which calls for ending the AIDS epidemic and combatting viral hepatitis as a public health threat by 2030 (SDG 3.3).

Besides data which include SEE countries which are EU members, there is a small update from neighbouring countries within the Instrument for Pre-accession Assistance 7 and EU4Monitoring Drugs project:

The Instrument for Pre-accession Assistance (IPA) 7 technical cooperation project comprises six beneficiary countries: Albania, Bosnia and Herzegovina, Kosovo (1), Montenegro, North Macedonia and Serbia. Data on PWID and other key populations in the region are available from RDS seroprevalence studies: Albania, Kosovo and North Macedonia have conducted such surveys in the past 3 years; Bosnia and Herzegovina, Montenegro and Serbia are planning to collect data in 2020. There were no HIV-positive cases among PWID in recent surveys conducted in Kosovo or North Macedonia (Mikikj, 2017); older HIV prevalence estimates among PWID ranged between 0 % in Bosnia and Herzegovina in 2015 (Skocibusic et al., 2016) to 2 % in Serbia in 2013 (IPH Serbia, 2013). Most recent HCV infection prevalence estimates ranged from 23.8 % in Kosovo to 72 % in North Macedonia. All six beneficiaries are signatories of the Dublin Declaration.

To read full report, follow this link>>>

 

Youth Studies South East Europe

The Friedrich Ebert Stiftung (FES) published reports on the experiences and aspirations of youth in Southeast Europe. The FES carried out a representative region-wide survey on a sample of more than 10.000 young people aged 14 – 29 from ten countries in Southeast Europe in early 2018.

“FES Youth Studies Southeast Europe 2018/2019” is an international youth research project carried out simultaneously in ten countries in Southeast Europe: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo*, North Macedonia, Montenegro, Romania, Serbia and Slovenia. The main objective of the surveys has been to identify, describe and analyse attitudes of young people and patterns of behaviour in contemporary society.

A broad range of issues were addressed, including young peoples’ experiences and aspirations in different realms of life, such as education, employment, political participation, family relationships, leisure and use of information and communications technology, but also their values, attitudes and beliefs.

Findings are presented in ten national and one regional study and its accompanying policy papers, which have been published in both English and the respective national languages.

The most important results are grouped under headlines:

  • A wish to belong to Europe
  • Migration and mobility do not have to be zero-sum
  • Fighting corruption as a crime, not as a concept
  • Employment discourse shifting towards the quality of work
  • A different kind of ‘political’…
  • …which has to do with ‘the social’
  • Give youth a say in Europeanisation

To download the regional study and its accompanying policy papers following this link>>>

You can read the national studies at this webpage.

Programmatic Mapping to Estimate Size, Distribution, and Dynamics of Key Populations in Kosovo

The burden of an HIV epidemic in Kosovo* lies among the key populations (KPs) of female sex workers (FSWs), men who have sex with men (MSM), and people who inject drugs (PWIDs). The aim of this study was to estimate the size and distribution of these populations to create evidence for developing action plans for HIV prevention.

Results of this Study: Study in Kosovo

Of the estimated 6814 men who have sex with men (range: 6445 to 7117), nearly 4940 operate through the internet owing to the large stigma and discrimination against same-sex relationships. Geo-based men who have sex with men (who operate through physical spots) congregate at a few spots with large spot sizes (13.3 men who have sex with men /spot). Three-fourths of the men who have sex with men are distributed in 5 major municipalities. Fridays and Saturdays are the peak days of operation; however, the number only increases by 5%. A significant number are involved in sex work, that is, provide sex to other men for money. People who inject drugs are largely geo-based; 4973 (range: 3932 to 6015) people who inject drugs of the total number of 5819 (range: 4777 to 6860) visit geographical spots, with an average spot size of 7.1. In smaller municipalities, they mostly inject in residential locations. The numbers stay stable during the entire week, and there are no peak days. Of the 5037 (range: 4213 to 5860) female sex workers, 20% use cell phones, whereas 10% use websites to connect with clients. The number increases by 25% on weekends, especially in larger municipalities where sex work is mostly concentrated. Other than a few street-based spots, most spots are establishments run by pimps, which is reflective of the highly institutionalized, structured, and organized female sex workers network.

This study provides valuable information about the population size estimates as well as dynamics of each KP, which is the key to developing effective HIV prevention strategies. The information should be utilized to develop microplans and effectively provide HIV prevention services to various KPs.

To read more about this study follow this link >>>>

Survey of drug users mapping in the centre of Athens

DPNSEE member organisations from Greece Prometheus and Positive Voice have developed a study on the anthropogeography of users of psychoactive substances in the centre of Athens in September 2018 using a sample of 200 people. The survey collected information on demographics and living conditions of users, type of psychoactive substance they use and whether or not they joined the retirement or substitution program.

According to the findings of the study, 80% of users are male. The average age is on an upward trend compared to 2010 (33.7) and 2012 (37) – currently it is 38 years. 53% of the sample are primary school graduates, while in terms of nationality there is an increase in the number of foreigners (from 13% in 2012 to 34.5%).

In the residence area in the centre of Athens, the largest concentration of population is located in the areas of Vathis Square, Karaiskakis Square the Theatre Square and the University campus. Regarding the type of psychoactive substance, the highest rate is 63.5% heroin use, while cocaine use accounts for 44.5% of the sample, 14% for Tai, 16% for benzodiazepines and 15% for shisha.

Out of the 200 people, 116 have been included, even once during their lifetime, in a drug rehabilitation or substitution program. However, at the time of the survey, only 49 people were enrolled in a program. The majority of the sample (130 persons) is not in a program or have applied for it.

In conclusion, it is noted that the population of psychoactive drug users in the centre of Athens is “aging“, while the association of the particular population with a high risk of premature death is questioned. Also, high users’ time in the centre of Athens, coupled with the increased rate of homelessness, raises serious issues of personal and public health and user safety. The findings of this study are consistent with the results of the Aristotel’s HCV/HIV study and demonstrate the need for harm reduction policies such as the re-opening of the medically supervised areas and the immediate increase in free distribution of safe use in cooperation with organizations active in the field.

To summarize, the findings of the study highlight the issue by demonstrating that the problems associated with the drug use in the centre of Athens are perpetuated, increased and differentiated at rates that require immediate and effective action.

The study was conducted in collaboration with a working group under the scientific responsibility of Mr. Giorgos Kalamitsis, President of Hellenic Patients’ Association Prometheus, Minerva Melpomeni Malliori, Professor of Psychiatry, First Psychiatric Clinic of Athens University, Eginiteio Hospital and Vana Sypsa, Professor of Epidemiology and Preventive Medicine, Laboratory of Epidemiology and Medical Statistics of the Medical School of the University of Athens and courtesy of the Athens Trade Association and the Union of Hoteliers of Attica and Argos Oasaronic.

To view the original article follow this link>>>>