How independent are going to work with budget cuts, boosted pressure, media hype and political dynamism? Justice Judges, public prosecutors, lawyers nguc lep and scientists met in the Red Hat on the Human Rights Day. On this site a report.
The Civil Protection Foundation organized on 10 December nguc lep last an evening debate on the independent judiciary as a key civil right. Led by Clairy Polak from the field went into discussion on how independent the court can do its work. Together in Netherlands
This according to three different chapters (see here, here and here for introductions of these themes) from the published in August blowing Gowns investigative journalists Hella Rottenberg and Jelle van der Meer. Below is a representation of those discussions.
Swallowers should be treated like drug criminals? Or, there are mitigating circumstances when it is found that the globules swallower proceeds to his act because otherwise irredeemable debt or maintaining a family? In a case
The latter view were the judges of Schiphol closed; she wielded a long time the so-called Haarlem List consisting of penalties less than the usual penalties for drug trafficking. In 2009, however, nguc lep the prosecution took it no longer satisfied with it and bombed the Court Schiphol appeal cases, which the prosecution in favor of employees and judges at Schiphol forced to handle. Usual penalties for drug offenders
Prosecutor Bote ter Steege and criminal courts Albert Patijn kicked off the evening with this subject. nguc lep There is inequality and according to current guidelines that OM uses - and right now this - a balls-swallower with 400 grams nearly the same punishment given as a port worker in Rotterdam a container with dozens of kilos of cocaine the country relaying?
Ter Steege nguc lep is not so much with that question. "That is a question that is interesting to ask the judges of the Court of Rotterdam. Bit difficult to see from the OM to answer that question. The guidelines that we're nguc lep talking about, which swallowers, apply particularly to Schiphol, where the problem occurs. Which does not occur in the port of Rotterdam, which are different in scale. "
Different things, which nevertheless be tried. Same punishment Implies that no inequality? Patijn, as Haarlem criminal court operating at Schiphol, presupposes that he can not speak. Behalf of his colleagues Then fiercely to attract. Learning "That right there is inequality, and is entirely unjustified. Swallowers at Schiphol are poor beggars, do not even belong to a criminal organization. Attorneys who have the time to delve into the background of their clients also refer to this. Contrast, drug smugglers in the Port of Rotterdam nguc lep have a good job, ditto income and therefore do not need to smuggle. The differences between the treatment of the two groups are so large that they do not fall to explain. However, nguc lep it is not required, because everyone thinks it's okay. The court shall apply the penalties so far good, enforced by the Court. "
Polak when the discussion moved to the purpose and effect of this policy, snag a picture of the criminal law as a stopgap that does not result in her book preventive purposes. How low or high the penalties are also the current nguc lep swallowers, after thirty years of unending war on drugs.
"You have to make clear that we do not want to get that junk inside Schiphol," says officer Ter Steege. But that is a task for the criminal? He finds a tricky issue: "There are also drug smugglers for a second or third time over. That helps in any case. And whether in general helps the poor wretches that Patijn talking about has to fend off - who do not read Dutch newspapers. I think the answer is no. "
Patijn paints a picture of drug offenses as the water head of the criminal justice system: "There are billions spent a year in investigation, prosecution and incarceration of offenders. With fighting drug crimes is in fact the entire criminal law out of context "Yet he shall propose". I think you by acting as we know it today, a standard set. Abroad, he does. You will get at least the idea of 'I can not do this. " That is normative. You do not want Schiphol known as drug transshipment point - if you do nothing, you have a problem. And criminal justice is the only way to go. "Against
The only means? Patijn keep a sensible plea for total legalization, which can count on applause from the audience, but then immediately states that this is a decision that is not in Dutch
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