Mgr. Martin Linhart Security System of Malta Anotace Příspěvek ve
Transkript
Mgr. Martin Linhart Security System of Malta Anotace Příspěvek ve
Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Mgr. Martin Linhart Security System of Malta Anotace Příspěvek ve stručnosti popisuje stěžejní instituce, tvořící bezpečnostní systém Malty, s důrazem na protiteroristickou problematiku, Autor zde zúročil informace, které načerpal v rámci komunikace s maltskými protějšky, respektive během hodnotcí mise na Maltě roku 2009. Klíčová slova Malta, bezpečnostní systém, opatření, boj proti terorismu. Summary This article briefly describes the key institutions forming the security system of Malta, with an emphasis on counterterrorism issues. The author is using some information gained during the communications with the Maltese counterparts or during peer evaluation mission to Malta in 2009 respectively. Keywords Malta, security system, counterterrorism measures. 1 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Basic information about Malta Malta (Republic of Malta; Repubblika ta' Malta), is a Southern European island country comprising an archipelago of a few islands in the Mediterranean Sea. It lies 80 km south of Sicily, 284 km east of Tunisia, and 333 km north of Libya. The country covers just over 316 km2, with a population of around 450,000, making it the smallest European Union Member State. The capital of Malta is Valletta. Malta two official languages are Maltese and English. In Malta, there are authorities within the Executive responsible for the suppression and combating of terrorism. The main Ministry involved is the Ministry of Justice and Home Affairs, which is subordinate to the Cabinet. The Police Force is responsible for keeping and protecting public order, and in co-operation with the Office of the Attorney General for preventing and investigating all forms of crime. The Malta Police Force, Malta Security Service, Attorney General, Armed Forces of Malta, Malta Customs and the Financial Intelligence Analysis Unit are involved in anti-terrorism activities in so far as matters related to cooperation in criminal matters and mutual assistance, criminal investigation, public order, internal security and security at points of entry and exit, smuggling and money laundering are concerned. Furthermore there is also an Anti-Terrorism Strategic Coordinating Committee under the chairmanship of the Deputy Prime Minister and Minister for Justice and Home Affairs which is a multidisciplinary committee which includes action relating to intelligence, thus involving the Police, the Security Service and the Armed Forces of Malta as well as support services, including the Civil Protection Department, the Department of Health etc.1 Malta being such a small country, makes it possible that middle and top-level tiers of each agency work regularly together on many issues. Therefore, friendly, rather than formal, cooperation is the norm. 1 Profiles on Counter-Terrorist Capacity: Malta; in: Council of Europe, CODEXTER, 2008 <http://www.coe.int/ t/dlapil/codexter/Source/country_profiles/CODEXTER%20Profile%20%282008%29%20Malta.pdf>. 2 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Security system of the country can be briefly characterised as follows:2 2 AZZOPARDI, Morgan, Malta Police Force, Police Working Group on Terrorism, Cologne, 5. XI. 2004. 3 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Police Force of Malta Law enforcement in Malta is the responsibility of The Police Force of Malta, about 1 730 strong police force with about 100 other civilian employees, whose mission is defined by the Penal Code of Malta and Maltese Act on the Police Force. It was founded on 12th July 1814.3 Despite its relative small size, the Maltese Police Force is organised into a number of departments. Police officers, with the exception of specialist units, do not normally carry firearms while on standard patrol, but routinely carry pepper spray and batons as weapons.4 An office for the Divisional Police Force Units administers Malta's 12 police districts, with three sub-departments of the Crime Investigation Department assisting with serious crimes, drugrelated crimes and financial crimes. These mainstream departments are supported by a Forensic Science Laboratory, Vice Squad, and Economic Crimes Unit, Legal Office and a Protective Services for VIP escorting and security as functions and protests. 3 Malta Police Fund: Police Can Be Charged if they Don’t Pay Fee; in: Independent, 8. IV. 2015. <http://www.independent.com.mt/articles/2015-04-08/local-news/Malta-Police-Fund-Police-can-be-charged-ifthey-don-t-pay-fee-6736133430>. Maltese Police Force <http://police.gov.mt/mt-mt/home.aspx>. 4 Maltese Police Force <http://police.gov.mt/mt-mt/home.aspx>. 4 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Furthermore, a department known as The International Relations Unit coordinates activities with EUROPOL, INTERPOL (since 1971) and the Schengen Information System, and is tasked with exchange of information. Officers of this Section are available twenty-four hours a day and seven days a week. Matters of international cooperation such as letters of request, exchange of information and terrorism issues are tackled by this unit. The Special Branch is also responsible for border control and other immigration related issues and therefore serves as a strong backup in the prevention and suppression of terrorist activities. Liaison is also made with the International Cooperation in Criminal Matters Division within the Attorney General’s Chambers, as well as specialised police departments for tactical or investigative support. Administrative and cooperation issues determine which police department becomes involved in the investigation, and when this is done prior action is taken to see whether there are particular issues, such as money laundering or international cooperation involved. For the purpose of investigations different police branches may be involved during investigations. The Criminal Investigations Department will investigate general serious crimes. If the investigation turns up a money laundering / economic crime link, the Economic Crimes Unit will merge their expertise into the investigation. The same protocol is used for investigations that would require the intervention of the Drugs Squad, Immigration Department, Vice Squad, and the Forensic Science Laboratory. The Police Cyber Crime Unit may also be involved if necessary. For the purpose of repression, a police tactical approach would see the Special Assignment Group being deployed. The involvement of the Police Special Branch, the Criminal Investigations Department, and the Police Mobile Squad cannot be ruled out. Given that these are field operations, the Commissioner of Police being the highest-ranking Malta Police Officer will take overall charge of the operations and due to the seriousness of the case, he would report regularly to higher authorities. 5 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) In so far as prosecution is concerned, the police investigating officers themselves would prosecute during the committal proceedings of a case evolving from a terrorist investigation. The severity of the crime would determine whether the case would end up as a trial by jury or heard in a Court of Criminal Judicature. For the latter to occur, the consent of both the Attorney General and the accused would also be required. This would result in the case being heard before the court that would have previously compiled the evidence against the accused, with the Police as prosecutors. In a trial by jury, the case would be prosecuted by the Attorney General. Malta’s willingness to foster police cooperation in any type of criminality has always been a priority on its agenda. We have always been aware of the threat posed by terrorism and international organized crime, and that is why we seek to increase our contacts with foreign agencies. 6 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Police Academy The Malta Police Academy, also known as Academy of Criminal Justice, was established in 1988 with the following aims and objectives: “to train recruits, inspector cadets and serving police officers to fulfill their role in the Malta Police Force with ability, knowledge and expertise, integrity and impartiality, effectively and efficiently”.5 This notion helps to instill and strengthen concepts of professionalism in policing skills and core operations and to train officers in modern managerial skills, while initiating officers in their own further studies which are relevant to their role in the Force, such as psychology, behavioral sciences, scientific investigation, local and foreign case-law, comparative law and languages. The training given in the Academy consist of basic police duties, education of officer cadets, courses on criminal investigations and court procedures, forensic studies, computer studies, physcology, crime prevention and case law. 5 Police Academy; in: Maltese Police Force <http://www.police.gov.mt/en-us/policeaccademy.aspx>. Foundation Stone of the New Police Academy Laid; in: Times of Malta, 11. VII. 2011 <http://www.timesofmalta. com/articles/view/20110711/local/foundation-stone-of-new-police-academy-laid.375072>. Malta Police Academy; in: CEPOL, olice Colleges in the European Union <https://enet.cepol.europa.eu/index.php?id=malta>. 7 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) With the scope to reach the mentioned aims, the Police Academy holds the following courses : • • • • • courses for new Police Recruits; monthly in-service refresher courses for police sergeants and constables; courses for Police Inspector Cadets; courses for Constables to be promoted to Sergeants; specialised courses as required by the Force. Location Fort Saint Elmo Size (number of students & teachers) Courses to about 1 500 Police Officers every month Courses to new recruits About 60 police and non police teachers Main areas of study Information about the Police Force Laws and Police Duties Traffic Management Investigative Procedures General Information Police Responsibilities, such as: o Cyber Crime o Racism/Xenophobia o Minority Groups o Domestic Violence o Child Protection o Victims of Crime o Asylum Seekers o Alcoholism Issues in Criminology Police Behaviour Other Practical Issues, such as: o Unarmed Combat o Crowd Control International Courses Border Control - Security Combined courses/seminars with the Medical Emergency Services in the event of major accidents/incidents 8 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Armed Forces of Malta The Armed Forces of Malta are responsible for Malta’s airspace and maritime area and also the airside of the local International airport. They are in very close liaison with the Police. The Armed Forces of Malta (AFM) is the name given to the combined armed services of Malta. The AFM is a brigade sized organisation consisting of a headquarters and three separate battalions, with minimal air and naval forces. Since Malta is guardian of the European Union's most southerly border, the AFM has an active role in border control.6 The AFM was formed upon Malta becoming a republic in 1974, when 1st Regiment Royal Malta Artillery was renamed as 1st Regiment, AFM. This initially continued the artillery role, with 2nd Regiment formed as an engineers unit. In 1980, 1st Regiment became a mixed unit, with infantry, aircraft and maritime responsibilities, the artillery element being transferred to 2nd Regiment. In 1992, there was a major re-organisation, which led to the formation of 3rd Regiment and the current structure.7 The Air Wing of the Armed Forces of Malta is the aerial component of the current Maltese military. The Air Wing has responsibility for the security of Maltese airspace, conducts maritime patrol and Search and Rescue duties, and provides military assistance to other government departments of Malta. 6 Armed Forces of Malta <http://afm.gov.mt>. Malta; in: World Military and Police Forces, 26. V. 2013 <http://worldmilitaryintel.blogspot.cz/2013/05/blog-post_8141.html>. 7 9 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) The Maritime Squadron of the Armed Forces of Malta is the naval component of the current Maltese military. The Maritime Squadron has responsibility for the security of Maltese territorial waters, maritime surveillance and law enforcement, as well as search and rescue. It is based at Xatt it-Tiben (Hay Wharf Base), Floriana. It currently operates 9 patrol boats and 6 boats. In addition to the regular forces, there is also the Emergency Volunteer Reserve Force, which consists of part-time volunteers to support the regulars at Air Defence & Support Company (ADSC), 1 Regiment AFM.8 Depending on the type of anti-terrorist operation in progress, the Armed Forces of Malta may also be involved to provide logistical or tactical support. Obviously this also depends on their jurisdiction. The presence of the Italian Military Mission (IMM) in Malta has taken form in the shape of technical assistance spread over three periods of time. Firstly, between 1973 and 1979, then between 1981 and July 1988, and lastly between July 1988 to date. IMM personnel resources in Malta total to 12 officers and 35 non-commissioned officers from the three Service branches of the Italian Armed Forces. It is also equipped with two AB 212 helicopters, 15 heavy plant vehicles, 60 light all-purpose utility vehicles, radio telecommunications, and weapons. 8 The AFM Emergency Volunteer Reserve Force; in: The Armed Forces of Malta <http://www.afm.gov.mt/evrf>. 10 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Malta Security Service The Malta Security Service is an intelligence agency, mandated by the Security Service Act, Chapter 391 of the Laws of Malta, to fight terrorism.9 The Malta Security Service has designated a unit that deals with terrorism, and the head of this unit also serves as a contact point for other Maltese agencies. 9 Security Servce is Probed by Police; in: Times of Malta, 18. II. 2013 <http://www.timesofmalta.com/articles/view/20130318/local/Security-service-is-probed-by-police.461960>. Malta Security Service Ignored Invitations for International Collaboration; in: Times of Malta, 9. IV. 2013 <http://www.timesofmalta.com/articles/view/20130409/local/manuel-mallia.464884>. 11 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Terrorism and Malta10 Fortunately, Malta does not have any experience with domestic terrorism. Furthermore the terrorist acts with international significance are confined to very few cases over the last years. The last incident was the arrest in Malta in October 2002 of Bouyahia Hamadi who was sought by the Italian authorities for investigations into the suspicion of his involvement in Islamic terrorism. Bouyahia was arrested following successful investigations and cooperation with the Italian counterparts. Currently Malta has no specific law dedicated to the combating of terrorism. However, under the Maltese Criminal Code, Chapter 9 of the Laws of Malta, there are several references to crimes that may be committed in the course of a terrorist act, e. g. Illegal arrest, promotion or financing of a criminal organization, discharge of explosives devices, use or possession of nuclear material. In addition, the Arms Ordinance, Chapter 66 of the Laws of Malta, and Explosives Ordinance, Chapter 33 of the Laws of Malta, cover other offences that are also related to the offences of terrorism. These crimes can also be qualified by a conspiracy element, or linked with the offence of belonging to a criminal organization. Malta has also set up a regime for the control of exports of dual use items and military equipment, as well as for the control of related technology. The Dual Use Items (Export Control) Regulations of 2001 and the Military Equipment (Export Control) Regulations 2001 are additional legal tools to fight terrorism. Malta has also acceded to several international multilateral and bilateral conventions, and implemented certain framework decisions. The most recent include those related to the European Arrest Warrant and Join Investigation Teams. 10 Profiles on Counter-Terrorist Capacity: Malta; in: Council of Europe, CODEXTER, 2008 <http://www.coe.int/ t/dlapil/codexter/Source/country_profiles/CODEXTER%20Profile%20%282008%29%20Malta.pdf>. 12 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Chart of Police Force Organisation (year 2001)11 11 Police Chart; in: Angelfire <http://www.angelfire.com/ma3/luqa/112/police/chart.jpg>. 13 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Chart of Police Force Organisation (year 2015)12 12 Maltese Police Force <http://police.gov.mt/mt-mt/home.aspx>. 14 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Localities13 inhabitants inhabitants inhabitants inhabitants th th th st 16 . XI. 1985 26 . XI. 1995 27 . XI. 2005 31 XII. 2009 Name Adm. Attard WE 5,681 9,214 10,405 10,626 Birkirkara NH 20,385 21,281 21,858 22,454 Birżebbugia {Birzebbugia} SE 5,668 7,307 8,564 9,370 Bormla (Cospicua) SH 7,731 6,085 5,657 5,605 Fgura SH 8,254 11,042 11,258 11,545 Gżira {Gzira} NH 8,471 7,872 7,090 7,173 Ħamrun {Hamrun} NH 13,682 11,195 9,541 9,442 Luqa SH 5,585 6,150 6,072 5,834 Marsa SH 7,953 5,324 5,344 5,759 Marsascala SE 1,936 4,770 9,346 9,852 Mellieħa {Mellieha} NO 4,525 6,221 7,676 7,989 Mosta NO 12,148 16,754 18,735 19,135 Msida NH 6,219 6,942 7,629 7,853 Naxxar NO 6,461 9,822 11,978 12,355 Paola (Pawla) SH 11,744 9,400 8,822 8,734 Qormi NH 18,256 17,694 16,559 16,688 Rabat (Victoria) GC 5,968 6,524 6,395 6,306 Rabat WE 12,920 12,995 11,473 11,432 San Ġiljan (St. Julian's) {San Giljan} NH 10,239 7,352 7,752 8,003 San Ġwann (Msierah) {San Gwann} NH 8,179 12,011 12,737 13,111 San Pawl Il-Baħar (St. Paul's Bay) {San Pawl Il-Bahar} NO 4,465 7,392 13,412 14,510 Santa Venera NH 7,827 6,183 6,075 6,146 Siġġiewi {Siggiewi} WE 5,864 7,097 7,931 8,053 Sliema NH 14,137 12,906 13,242 13,683 Swieqi NH San Ġiljan 6,721 8,208 8,645 Tarxien SH 7,016 7,412 7,597 7,731 Valletta SH 9,340 7,262 6,300 6,266 Żabbar {Zabbar} SH 12,869 14,138 14,671 14,956 Żebbuġ {Zebbug} WE 9,788 10,398 11,292 11,485 Żejtun {Zejtun} SE 11,321 11,379 11,410 11,360 Żurrieq {Zurrieq} SE 7,984 8,684 9,781 9,999 13 Census of Population and Housing; Demographic Review; in: National Statistics Office Malta, 2009 <http://www.citypopulation.de/smaps/Malta.png>. 15 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Judiciary system The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of is based partially on English law and partly on Continental law, whilst also being subject to European Union law. The judiciary is defined by the Constitution of Malta as a hierarchical system of courts, with a Constitutional Court, separate Civil and Criminal Courts of Appeal and various inferior courts. Inferior courts are presided over by Magistrates with original jurisdiction in criminal and civil actions. In the criminal courts, the presiding judge sits with a jury of nine. The Court of Appeal and the Court of Criminal Appeal hear appeals from decisions of the civil and criminal courts respectively. The highest court, the Constitutional Court, has both original and appellate jurisdiction. In its appellate jurisdiction it adjudicates cases involving violations of human rights and interpretation of the Constitution. It can also perform judicial review. In its original jurisdiction it has jurisdiction over disputed parliamentary elections and electoral corrupt practices. 14 14 Justice in Malta; in: The Government of Malta <https://www.gov.mt/en/Services-And-Information/Business-Areas/Justice/Pages/Justice-in-Malta.aspx>. 16 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Correctional services15 When a person is arrested in Malta, he or she will be sent to one of four places of custody. Located on Valletta Road, Paola, the Corradino Correctional Facility (CCF) is the main prison compound in Malta. The others are the Substance Abuse Therapeutic Unit in Mtaħleb, the Valletta Lock-Up below the Malta Law Courts, and the Forensic Unit (Mount Carmel Hospital) in Attard. The following departments operate within the CCF: Care & Re-Integration Unit. Operations Unit. Security Unit. Inmate Services. Psychiatric Services. Psychological Services. Social Welfare Services. Education Unit. Spiritual Services. Medical Unit. Inmates Registry. Gate House. Central Control Room. Special Response Team. 15 Correctional Services in Malta; in: Government of Malta <https://www.gov.mt/en/Services-AndInformation/Business-Areas/Law%20Enforcement/Pages/Correctional-Services-in-Malta.aspx>. 17 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Dog Section. Administration Section. Y.O.U.R.S. (Young Offenders Unit Rehabilitation Services). Trades. Inmate Visiting Areas. Stores. As an institution, the Department of Correctional Services in Malta is responsible for keeping prisoners in custody while offering rehabilitative programmes that are in line with a care plan prepared by the Care and Re-integration Unit. It also strives to provide decent conditions for prisoners and to meet their needs, as well as to run programmes which help prisoners address their offending behaviour and return to life in their community as responsible citizens. These include educational, vocational, spiritual and sport activities. Participation is on a voluntary basis by the prison inmate. Probation and parole services If you have been arraigned or sentenced in Court, the court may refer you to a probation officer (PO) within the Department of Probation and Parole. Once you have been assigned a probation officer, you will be required to attend meetings with them as instructed and to accept necessary home visits. The probation officer will require you to meet any conditions set by the Court and to comply with drug testing procedures. The probation officer may also refer you to other qualified agencies for addiction treatment or to get help for problematic behaviour. The Restorative Justice Act (Chapter 516, Laws of Malta), which came into effect on 27 January 2012, introduced new restorative justice concepts in the Maltese criminal law. These include the provisions on Parole and Victim Support. Both these new functions fall within the responsibility of the Department of Probation and Parole. Moreover, a new Victim-Offender Mediation Committee has been set up to determine the eligibility and / or suitability for victimoffender mediation and to supervise mediators. Once a prison inmate has been granted Parole, the Parole Officer will supervise, advise and assist the offender in an effort to prevent him or her from relapsing. The Parole Officer will also draft a plan, monitor and assist the parolee in fulfilling the conditions of the parole licence; assist the parolee in understanding the harm that the parolee has caused to the victim of crime and to society; provide the Parole Board with bi-monthly progress reports on the parolee; assist the parolee in enhancing social and educational endeavours; assist the parolee in finding suitable employment; alert the Parole Board to any breach of conditions specified in the parole licence. The Department of Probation and Parole may be contacted via e-mail [email protected].. 18 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Rehabilitation programmes There are various Government entities and NGOs that offer rehabilitation programmes in Malta. Among these is the Substance Abuse Therapeutic Unit (SATU), which caters for sentenced male individuals with a documented history of substance abuse and who, of their own accord, request rehabilitation. This programme helps to resolve the individual’s problems, both on a personal and community level. Extradition Extradition is regulated by means of an Extradition Act, Chapter 276 of the Laws of Malta. On 19 March 1996, Malta signed and ratified the European Convention on Extradition (1957) – a multilateral Convention which governs extradition between the Contracting Parties thereto. Malta also signed and ratified the Additional Protocol and the Second Additional Protocol to the European Convention on Extradition on 20th November 2000. Malta has also implemented the European Union Framework Decision on the European Arrest Warrant.16 Transfer of Prisoners Malta is party to the Council of Europe Convention on the Transfer of Sentenced Prisoners. Compensation of victims Under Article 698 of the Criminal Code, Chapter 9 of the Laws of Malta, the Minister responsible for Justice can make regulations to establish a scheme for the compensation of victims of crime under such conditions, restrictions, considerations and qualifications as the Minister may provide and establish a fund to finance such a scheme. This scheme: (a) may be of general application, extending to all crimes, or may be limited to such crimes as may be specified in the regulations; (b) may provide that Government compensation shall only be payable to the victim when the victim has exhausted all remedies available to him/her against the offender for the payment of damages suffered by the victim; (c) may provide for a ceiling on the amount payable to any individual victim or group of victims by way of compensation under the scheme. 16 Profiles on Counter-Terrorist Capacity: Malta; in: Council of Europe, CODEXTER, 2008 <http://www.coe.int/ t/dlapil/codexter/Source/country_profiles/CODEXTER%20Profile%20%282008%29%20Malta.pdf>. 19 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) The Government is subrogated in the rights of the victim against the offender for the payment of any sums received by the victim from the Government in accordance with any scheme established. Financial Intelligence Analytical Unit snd Customs The Financial Intelligence Analysis Unit is directly involved in co-ordinating the financial institutions in the fight against money laundering. Malta is also participating in and contributing to regional and international customs information networks through information sharing whenever information which may in any way be related to terrorist aktivity becomes available to the Maltese Customs Administration. In this regard, any such information is transmitted through the Customs Enforcement Network of the World Customs Organisation. Malta has taken several measures to prevent the financing of terrorism especially by the enactment of several laws and regulations. Through the adoption of the National Interest (Enabling Powers) Act of 1993 all the sanctions or measures adopted by the United Nations Security Council may be rapidly implemented by regulations. Malta is a signatory to the European Convention on Laundering, Search, Seizure and onfiscation of the Proceeds from Crime, Strasbourg 1980 and has been offering the various forms of assistance envisaged by the Convention since its entry into force for Malta. Similar assistance is also afforded under the 1959 Convention on Mutual Assistance in Criminal Matters. On the 10th January 2000 Malta also signed the International Convention for the Suppression of The Financing of Terrorism. Malta’s Financial Intelligence and Analysis Unit has also expanded its capabilities and sphere of action and has broadened its scope of activities to include funding of terrorism. Customs also plays an important role in preventing and suppressing the financing of terrorist acts as it controls outgoing and incoming cash carried by departing and arriving passengers. The Customs Department operates at the Malta Freeport, Grand Harbour and Marinas and the Malta International Airport. Suspicious movements of considerable amounts of cash are reported to the Police when necessary. Outgoing cash is subject to investigation, and legal action is taken when the transaction is unauthorised. Further scrutiny of customs documents seeks to ensure that any attempt at money laundering, which could be used as a means of financing terrorist activity, is detected and enforcement action taken.17 17 Customs (of Malta) <https://customs.gov.mt/>. 20 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Economic crime investigations may be headed either by the Police or by Customs, depending on a host of factors. The Financial Intelligence Analysis Unit frequently initiates operations, drawing on the support of the relevant police department or the Security Service. Legislation aimed at freezing of assets suspected of originating from money laundering linked to the financing of terrorism is also in place. The Central Bank of Malta was established by the Central Bank of Malta Act on 17 April 1968. On 1 May 2004 the Bank joined the European System of Central Banks (ESCB) and on 1 January 2008 it became part of the Eurosystem. Central Bank of Malta has on a number of occasions issued instructions to banks to monitor transactions which could be suspected of being linked to the financing of terrorism. In the eventuality of having such a suspicion, banks have been asked to contact the Central Bank to discuss how best to proceed keeping in mind the national and international interest in preventing and suppressing such financing.18 18 Central Bank of Malta <http://www.legal-malta.com/finance/banks>. 21 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Annex: Civil avition routes around Malta.19 Annex: Boats of migrants around the Maltese territorial waters.20 19 Airspace Malta; in: Milscan <http://www.milscan.nl/charts.html>. GRECH, Herman; SANSONE, Kurt, Shrinking Malta's Search and Rescue Area is 'Not an Option'; in: Times of Malta, 26. IV. 2009 <http://www.timesofmalta.com/articles/view/20090426/local/shrinking-maltas-search-and-rescuearea-is-not-an-option.254380>. 20 22 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected] Ochrana & Bezpečnost – 2014-2015, ročník III., č. 2 (léto), ISSN 1805-5656 Mgr. Martin Linhart, Security System of Malta (2014-2015_B_10) Annex: Cartoon depicting the sinking island due the amount of refugees.21 Annex: Malta on the crossroad of migrant routes.22 21 BALLAMAN, Alex, Migration – Eine Herausforderung für Europa: Einwanderer bereiten Malta Kopfschmerzen; in: The Guardian; VoxEurop, 8. VIII. 2013 <http://www.voxeurop.eu/de/content/article/4042021-einwandererbereiten-malta-kopfschmerzen>. 22 The Millonaires who Rescue People; in: GeoGrage Blog, 2014 <http://blog.geogarage.com/2014/09/the-millionaires-who-rescue-people-at.html>. 23 Vydává: Ochrana a bezpečnost o. s., IČ: 22746986 Lamačova 825/11, 152 00 Praha 5, http://ochab.ezin.cz, [email protected]