2007 - Forced Labour

8/12/2019 2007 - Forced Labour

1/116

THE ROLE OF FORCED LABOUR

IN ELIMINATING SOCIAL EXCLUSION

Riga, 2007


2/116

FACTUM. The Role of Forced Labour in Eliminating Social Exclusion 2007

i

The study The Role of Forced Labour in Eliminating Social Exclusion wasperformed by SIA FACTUM with 75% financial support of European Union fromthe European Social Fund and 25% financial support of Latvian State budget

(project identification number: VPD1/ESF/NVA/06/GS/3.1.5.3./0001/0043). Thisreport of study results reveals the point of view of the work group (SIA FACTUMemployees involved) and therefore by no means it may be considered as apresentation of the opinion of the European Community or Latvian State.

Authors: Oksana abko, Dzintars Izks, Lelde Kpia, Dace Lse, Ieva Medne,Vera Mihejeva.

The authors of the study are grateful to Iveta Bitne, Renrs Felcis, Juris Tipsand Andris Vaitekns for their contribution in the study and to Ilona Linde from

the State Probation Service for ideas and support.Cover Marquette: Anitra EglteCover Photo: Harijs Liepi (foto projektu apvienba Koci un Putni)Composed matter: Anitra EgltePublisher: SIA FactumPress: Silca Printi

The study The Role of Forced Labour in Eliminating Social Exclusion givesanalyses of obstacles and prejudices that hinder application of the forced labouras a criminal sentence to offenders and practical execution of the sentence. The

topicality of the study is determined by conformity of the nature of forced labourwith the objective of Latvian State to eliminate the social exclusion in differentsocial risk groups, and the problem of the study is determined by the novelty offorced labour as punishment and perceptions on its insufficient dissemination.Using the data of in-depth interviews with judges, employers and State ProbationService staff and of public opinion poll, currently prevailing opinions about forcedlabour as a criminal punishment, its suitability in punishing different offenderswho have committed less serious crimes and problems of practical sentenceexecution were characterized. In order to increase the efficiency of the forcedlabour it is necessary to ensure that the sentence is imposed on those offenderswho are capable of feeling it. It would help the State Probation Service to attractnew employers required for ensuring the execution of a sentence. It is necessaryon the state level to deal with materially technical problems of executive bodiesthat indirectly affect the quality of the forced labour sentence execution.

(c) FACTUM, 2007

ISBN 978-9984-39-301-8


3/116


ii

DEFINITION OF TERMS

Forced labour a criminal sentence that provides for involvement of aconvict in public work. The convict serves this sentence by doing specific

work in the area of residence in free time outside the regular employmentor studies and without remuneration. Lists of public works in which theconvicts sentenced to the community service shall be employed, areprepared by municipalities.

Probation a system of execution of a criminal sentence forced labourand compulsory measure of a correctional nature community service aswell as measures of supervision of probation clients and social behaviourcorrection that has been developed to prevent the recidivism of a criminaloffence.

Probation client a conditionally convicted person; a person who isconditionally released before the end of the term; a person against whomthe criminal process has been dismissed, conditionally releasing fromcriminal liability; a person under sentencing of the forced labour; a personapplied community service; a person who is sentenced to forced labourupon the public prosecutors injunction; a person whom the court, publicprosecutor or imprisonment administration has required an assessmentreport about; a person who has committed a crime and has agreed toparticipate in reconciliation.

Employers municipal institutions and enterprises or non-governmentaland public benefit organizations which have entered into agreement withthe forced labour execution institution on employing convicted persons orwhich are employing convicted persons for public benefit without anagreement, assigning the convict a respective work which they can do intheir free time outside the regular employment or studies.

State Probation Service (SPS) a state institution that cares for the publicsecurity working with people serving the criminal sentence in community(conditional sentences, forced labour) and helps to former prisoners

return into the society.


4/116


1

INTRODUCTION

The study The Role of Forced Labour in Eliminating Social Exclusion was

performed within the period of 15 January 2007 to 15 September 2007 bySIA FACTUM with 75% financial support of European Union from theEuropean Social Fund and 25% financial support of Latvian State budget.The overall objective of the project was to elaborate recommendations inorder to facilitate imposing forced labour to offenders as a sentencestimulating social integration, replacing punishment with deprivation ofliberty that intensifies the social exclusion of the risk group.

The study had three direct objectives. First of all, in order to facilitatewider application of the criminal sentence forced labour it was necessaryto set barriers, obstacles and prejudices that hinder the application of thesentence to offenders and its practical execution covering all direct andindirect target groups. Secondly, it was necessary to give practicalrecommendations to representatives of penal application and supervisoryinstitutions in order to improve the socially favourable effect of the forcedlabour. Thirdly, it was necessary to find out what information on the roleof forced labour in eliminating social exclusion should be given to socialpartners, agents forming public opinion and persons involved indeveloping policies in order to facilitate an understanding of the nature ofa punishment and public benefits.

The topicality of the study is determined by the fact that the nature of thecriminal sentence forced labour conforms to the objective of LatvianState to eliminate the social exclusion in different social risk groupsincluding also the former prisoners, and that forced labour as a penalty isintroduced in Latvia rather recently. Until now independent studies onproblems of application of the forced labour as a criminal sentence inLatvia and public opinion polls on attitude towards forced labour havebeen carried out, however, statistical surveys show that a proportionallylarge part of criminal sentences still envisage imprisonment. It means thateven though theoretically a part of convicts sentenced to imprisonment

may have been imposed forced labour, such solution has not enrooted inthe practice. Therefore it is necessary to study in more detail theobstacles to applying the criminal sentence forced labour in order toelaborate recommendations for improving the penal efficiency.

Taking into account that application of the forced labour to a much greaterextent depends on a decision of representatives of those institutions whichare responsible for ensuring order and rule of law in the country, mainlyexperience and attitude towards this type of sentence of thoseprofessionals who define the environment of penalty application were

explored within the study. These target groups are judges, employerswhose set tasks the convicted persons perform and the State Probation


5/116


2

Service staff. It was also necessary to define awareness and support ofinhabitants of Latvia for a wider application of the forced labour because apositive public opinion is an essential argument for a decision maker.


6/116


3

CONCLUSIONS AND RECOMMENDATIONS

Theoretically application of the criminal sentence forced labour gives the

society two vital benefits. The first benefit is that the convicted personsserve the sentence in the community that means that the person is bothpunished, and valuable and necessary community work is done. Theconvict serves the sentence in the free time outside the regularemployment and studies, performing without remuneration tasks assignedby the employer. The second benefit is that punishing a person anunderstanding on public norms and values is obstructed that is morepotential to occur at the imprisonment places. Such system in generalreduces the public resources to be spent to maintain the imprisonmentsystem un ensure a possibility to integrate in the public life for thoseconvicted persons who have served the sentence in imprisonmentinstitutions.

The data of the public opinion poll performed within the study show thatalthough the majority of inhabitants of Latvia have heard something aboutforced labour, it is rather superficial view. Another 20% of inhabitants ofLatvia admit that they do not know anything or have not heard aboutforced labour. Regardless of the fact that the public awareness about theforced labour should be increased, people in general consider that themost appropriate punishment for a less serious offence is real correctionwork or community work without remuneration that by definition is forced

labour.

Both the society and field professionals (judges, State Probation Servicestaff) are of the same opinion that forced labour is appropriate forpunishing adults for less serious crimes. It is because the forced labourgives an opportunity to think over the offence, they feel a sense of shame,work accustoms to discipline, and there is a possibility to reimburse theharm incurred to the society without remuneration. So at large there arefavourable preconditions for the development of forced labour in Latvia.The public opinion coincides with the aim of the state policy to develop a

penal diversity, in particular as concerns punishing less severe offencesand development of a system of community-based sentences. However,the work with the public opinion shall be continued explaining, first, whichoffences are possible and which are impossible to be punished with theforced labour, and, second, why forced labour is a punishment. The last isimportant because a part of the society, in particular, the middle and oldergenerations consider that work may not be punishment work is a moralvalue. Here a connection between a persons harm to the society and its

atonement working for public benefit and redeeming the harm shall bestrengthened.


7/116


4

In Latvia forced labour is being imposed since 1999. Initially its realizationfaced practical implementation problems because the sentence executionwas handed over to municipalities without envisaging funding for it. Theexecution of the forced labour improved when its supervision was takenover by the State Probation Service. It in its turn facilitated the growth of

the judges positive attitude as a result the forced labour was imposedmore frequently. Yet, statistics of the division of types of sentencesamong convicted persons in Latvia show that forced labour has notbecome a real alternative to imprisonment as it should be if a system ofcommunity-based sentences is to be developed, but in most cases it hasreplaced a conditional imprisonment or penalty fee. If the proportion ofimprisonment is to be reduced, first the difficulties of the forced labourexecution analysed in the study report shall be solved; second,possibilities to combine forced labour with other sentences (additionalsentence or conditional principle) shall be envisaged, and, third, several

comparatively small sentences and partial community-based sentencesshall be developed. The fact that the repetition of a less serious crime ispunished with imprisonment of several years which means a very fastincrease of penal severity indirectly reduces the efficiency of the forcedlabour at large. It is impossible to achieve a positive effect in a situationwhen there is no flexible penal system developed in the country with agradual increase of penal severity, in particular, working with youngoffenders.

If the State Probation Service wants to participate actively in reducing the

proportion of imprisonment and increasing the rate of community-basedsentences, an action plan should be developed (for internal use at least)for the nearest 5 7 years. The aim of the plan is to set what decrease ofthe imprisonment rate the State Probation Service staff would like toachieve working actively with probation clients. The plan would also allowdefining what amendments to regulations should be made and whatmaterially technical resources should be attracted for improving operationof the State Probation Service in order to achieve the set objective.

Forced labour is served in the free time outside the regular employment

and studies without remuneration doing the tasks assigned by theemployer. Most often the convicts are given low-qualified tasks whoseexecution it is difficult to hire workers for. Employers are state, municipalinstitutions and enterprises and non-governmental (public benefit)organizations. The data of the study show that an effective execution ofthe forced labour sentence is hindered by employers cautious attitudetowards the convicted persons. Developing a public opinion on theobjectives of forced labour and persons who are imposed this criminalsentence, a particular work is needed with employers in order to convincethem that forced labour performers are not dangerous to the society.

In a way difficulties in working with employers are caused by the conditionthat forced labour is imposed also to persons with alcohol and drug


8/116


5

addiction and in that case it is hard to achieve the sentence executionaccording to the procedure set forth in the law. Professional opinionsgathered within the study show that the limited possibilities to undergotreatment of addictions restricts the capacity of the court or StateProbation Service to affect, correct or change people with addictions in

any way. In order to solve this problem, changes to the law would berequired that would envisage a possibility to combine forced labour like aconditional sentence with certain duties, for instance, to participate inactivities whose aim is to involve a person in addiction supervisionprogrammes. Judges admit that in case the law provided for, they couldsentence smaller number of forced labour hours with a condition that aperson with addiction problems voluntarily undergoes treatment orparticipates in the respective behaviour correction activities.

As not always the court manages to determine the offenders alcohol

addiction and apply an additional sentence (here a respective behaviourcorrection measure) it would be advisable to review the authorities of theState Probation Service and let its employees propose additional sentencein cases when it is observed that the convict holds back the execution offorced labour due to problems caused by alcohol abuse.

The data of the study show that another complicated group of offenders isminors and young people. On one hand minors are that group whoseprevention from further offences both the judges and State ProbationService employees care for most. On the other hand the young people are

not always capable to evaluate the seriousness and consequences of thecrime that turn up if they evade the imposed forced labour. In order torealize the objective of the community-based sentence the young peopleneed help to learn to control their behaviour and change it. Professionalshave observed that forced labour without an additional punishment maynot ensure realization of the above mentioned objective. Therefore apossibility to combine the forced labour with additional sentences shouldbe envisaged, for instance, participation in behaviour correction activities,arrests of short duration if the convict evades the execution of the forcedlabour. However a prolonged arrest applied to minors evading the forced

labour may leave a negative effect on youths ability to integrate in thesociety. In order for the correction programmes to achieve the maximumeffect it would be advisable to involve in behaviour correction activities notonly the youngster but also his family because the causes of offences areto be looked for in the youngsters family, its communication culture andexperience.

Another substantial circumstance that prevents employers fromparticipating in the forced labour execution is the need to involve theiremployees in giving appropriate tasks and supervising the convicts.Forced labour performers most often serve the sentence in the workingday evenings (after official working hours) or at weekends as a result boththe employers representative and employee of the State Probation


9/116


6

Service is forced to work outside working hours. It should be noted thatmost often the employers representatives do not get any extra pay forparticipating in forced labour supervision that causes dissatisfaction andefforts to avoid joining in employing forced labour performers. Although

joining in organizing the forced labour, the employer gets free labour

force, the need to work outside working hours is considered to be a loss. Apart of employers indicated that their possibilities to assign a personserving the criminal sentence performable work are limited as a result theemployers of the State Probation Service face difficulties of organizing thesentence execution. To this effect it is necessary to attract new, additionalemployers and for the purpose of working with them the public confidencein efficiency of the forced labour shall be strengthened.

To increase the responsiveness of employers, attention shall be paid tothree aspects. First, situations that an employee supervising forced labour

performers is not reimbursed for the time spent and additional workduties must be eliminated. Second, employers communication with theconvicts of a risk group that reduces employers desire to further co-operate with the State Probation Service shall be decreased. Third, aprofessional and mutually pleasant communication between the employerand State Probation Service shall be developed explaining that inspectionscarried out by the Service employees are a part of the convict supervisionand care for the employer, not control of the employer and distrust.

Efficiency of the forced labour execution is substantially influenced by

materially technical equipment of the State Probation Service offices andcapacity of their staff to perform the entrusted duties. The data of thestudy show that the workload of the State Probation Service employeesdiffers in the big cities and regional structural units in particular in Rigathere is an insufficient number of positions. Both in Riga and in regionsemployees of the State Probation Service adjust their control visitsaccording to the peculiarities of the forced labour execution, namely, mostoften it is done in the working day evenings and at weekends. Quite oftenit is difficult for the State Probation Service staff to receive areimbursement for time spent for control of the forced labour performers

outside the working hours. In regions where the State Probation Serviceemployees have a higher physical and emotional workload, there is higherstaff rotation that leaves a negative impact on the Service operation atlarge and the efficiency of the forced labour sentence.

Recommendations:

As a part of the society, judges and employers considers that workmay not be a punishment because it is moral value, the linkbetween the harm or threat to the society and its compensationwith the benefit what the offender gives with his work to thesociety shall be strengthened. It will help to raise the public andemployers understanding of the aim and nature of the punishment.


10/116


7

In order to reduce the degradating impact of a prolongedimprisonment on the convict and efficiency of the community-basedsentence it is necessary to make amendments to the regulations ofLatvia with an aim to establish a greater gradation of penal severity

and possibility to apply combined sentences according to the WestEuropean penal practice, for instance, to combine forced labour withelectronically controlled house arrest over the definite period oftime, in case of failing to perform which, the convict is put in aspecial, separated imprisonment institution for a comparativelyshort time (one week, two weeks, and alike).

If a minor is put in a juvenile correctional institution for incompletehours of the forced labour it is advisable to develop a system ofappeal for youth whose time of arrest exceeds one month. The

youngster staying in a juvenile correctional institution shall, on hisown initiative in a form of application or discussion with the StateProbation Service staff and administration of correctional institutionask to reconsider his stay at the juvenile correctional institution. Adecision of replacing the arrest with another type of punishment willbe made in a collegiate meeting evaluating the change of theyoungsters behaviour and attitude.

It is necessary to consider various possibilities to motivateemployers participate in the forced labour execution. First, a

possibility to reimburse the employers employees involved insupervision of the forced labour performers for the time spent shallbe considered. One way of reimbursement would be a pay forsupervision of each convict, another setting forth in the legalregulations a possibility of being assigned additional paid vacationdays. Second, a regular expression of appreciation (in country-wideand local mass media, in seminars organized by the State ProbationService for the employers) shall be continued to all employersnaming each one separately regardless of the number of the forcedlabour performers employed.

Taking into account difficulties of attracting new employers for theforced labour execution, in particular those whose management islocated in the capital city, a possibility shall be considered that the

large scale attraction of employers for the forced labour executioncountry-wide is carried out by the State Probation Service agreeingon cooperation of institutions on the top management level so thatthe local departments were only left to agree on particularorganizational issues.

It is advisable for the State Probation Service to consider apossibility of establishing a separate position whose main task wouldbe maintaining communication with employers and attraction of new


11/116


8

employers. The job responsibilities would include motivation of theexisting employers and maintaining daily individual contact.

A difference of workload of the State Probation Service staff in Rigaand regions must be appropriately considered. It is necessary to

define how many simultaneous probation client cases are consideredappropriate for a full-time job taking into account the area of theterritory covered (area of the region in which the supervision ofprobation clients shall be carried out). It will let to define an equalsystem of additional pay for fulfilling extra duties in case thenumber of cases for one employee exceeds the set limit. It will helpto define the optimum number of client casesand respective budgetof wages.


12/116


9

I THE THEORETICAL FRAMEWORK OF THE STUDY

1.1. Development trends of the contemporary system ofcriminal sentences

Appearance of the forced labour as a criminal sentence in the world isconnected with the implementation of the new approach to penal policy.Implementation of alternative sentences in the contemporary westernculture is analysed by David Garland in his writing The Culture of Control:Crime and Social Order in Contemporary Society1. The author contraststwo ages. The first of them an ideology of penal welfarism dominatedin the western culture from late 19th century until 70-ties of the 20th

century when crime prevention and judicial authorities were satiated withideals of penalty improvement and rehabilitation. The second age startedin 70-ties of the 20th century when the role of such concepts as riskmanagement, deprivation of rights and repayment or indemnificationincreased. Inspired from Michel Foucault2 and using the experience ofcase-law of USA and Great Britain D. Garland concludes that the lastdecades are time characterized by a lack of certain and clear values andtruths and also clear overall political vision in forensics and judicial field.The new models of thinking and action that in 80-ties and 90-ties alongwith denial of the old assumptions and professional orientation rapidly

developed in forensics, created a sense of value and professional crisisboth for this field professionals and theoreticians. D. Garland writes: Noone is quite sure what is radical and what is reactionary. Private prisons,victim impact statements, sentencing guidelines, electronic monitoring,punishments in the community, quality of life policing, restorative justice these and dozens of other developments lead us into unfamiliar territorywhere the ideological lines are far from clear and where the oldassumptions are an unreliable guide3.

Crime combating and criminal justice institutions are one part of the stateadministration and social order network which in the contemporary societyis formed by judicial system, labour market and state welfare institutions,complementing and supporting each other. The crime control field ischaracterized by patterns of action of two different forces and models: theformal controls exercised by the states criminal justice agencies and theinformal social controls that are embedded in the everyday activities andinteractions of civil society. D. Garland admits that too often our attentionfocuses on the states institutions and neglects the informal social

1Garland D. The Culture of Control: Crime and Social Order in Contemporary Society. Oxford University Press, 20012

Foucalt M. Discipline and Punish.Omnia mea, 20013Garland D. The Culture of Control: Crime and Social Order in Contemporary Society. Oxford University Press, 2001; page 4.


13/116


10

practices upon which state action depends. However, a reconfigured fieldof crime control involves more than just a change in societys response tocrime. It also entails new practices of controlling behaviour and doing

justice, revised conceptions of social order and social control, and alteredways of maintaining social cohesion and managing group relations.

D. Garland has described a range of the most important changes in penalpolicy occurring over the last thirty years. The most significant changesrelate to (1) the decline of the rehabilitative ideal, (2) the re-emergenceof punitive sanctions and expressive justice, (3) changes in the emotionaltone of crime policy, (4) the return of the victim as an important concept,(5) updating of the role of protecting the public, (6) the reinvention of theprison, (7) the transformation of criminological thought, (8) the expandinginfrastructure of crime prevention and community safety, and (9) thecommercialization of crime control.

The decline of the rehabilitative ideal over the last decades manifests sothat the goals of penal institutions involve reduced emphasis uponrehabilitation of offenders and changes are made in sentencing law thatuncouple participation in treatment programmes from the length ofsentence served. Although various rehabilitative programmes do continueto operate in prisons and elsewhere, they no longer claim to express theoverarching ideology of correctional system but are targeted towardscertain high risk groups such as drug or alcohol addicts, violent offendersor sex offenders. However, in general the overall fall from grace of

rehabilitation as an ideal is hugely significant and it shows that one of themain keystones of the modern penal system is being questioned and evenunravelled.

As concerns the re-emergence of punitive sanctions and expressivejustice, it is to be reminded that till the end of the twentieth centurypenalties that appeared explicitly retributive or deliberately harsh wereconsidered as anachronisms that had no place within a modern penalsystem. In the last twenty years, however, we have seen an oppositetrend: precise and fixed punitive sanctions are ever more established as a

response to excessively individualized punishments, besides in the US itis observed that politicians and legislatures ever more frequently speak ofjust deserts retribution or equal retribution as well as in separateStates they express a need for the death penalty or corporal punishment.Forms of public shaming and humiliation that have been previously deniedand criticized may be observed in the US, for instance, in the new laws onpublic notification of sex offenders identities or wearing of the convictstriped uniform. It also appears in milder British equivalents asdevelopment of the paedophile register, the requirement of prisoneruniform and demeaning labour for those doing community service.

Comparatively lately such crime aspect as public resentment thefeelings or anger, resentment and fear of the victims, family and public


14/116


11

appeared in the public discussions. In response to the victims feelings,there has been a change in the law and development of the penal policy,and a need for condemnation, punishment or perceptible and expressivepenalty for offence is openly accredited. Such open embrace of previouslydiscredited purposes is another important feature of the new philosophy of

punishment, stressing the symbolic, expressive and communicativeaspects of penal sanctioning.

D. Garland indicates that the dominant tone in the former official policywas one of confident progress in combating crime and rationalizingcriminal justice. The previous penal reforms were based on suchprogressive sense of justice where decency or humanity, a compassion forthe needs and rights of the less fortunate counted. These sentiments wereprobably to a certain extent the aspirational values of political elites ratherthan the sensibilities of the general public. Although the mentioned values

are still invoked and embodied in particular legal norms, for instance, theyform the basis for the principle of restorative justice, humanity no longersets the emotional tone for public discourse about crime and punishment.At the end of the twentieth century public fear of crime has come to beregarded as one of the main social problems.

Public opinion studies in the US and Great Britain show ever growingsense of the public that crime rates are getting worse and the policies andprogrammes in place are unable to ensure efficient enough public security.The stock welfarist image of the delinquent as a disadvantaged,

deserving, subject of need has now all but disappeared; instead theimages conjured up to accompany new legislation tend to be stereotypicaldepictions of unruly youth, dangerous predators and incorrigible careercriminals. Accompanying these projected images the new discourse ofcrime policy consistently invokes an angry public, tired of living in fear anddemanding stronger measures of punishment and protection. Although theidea of prisons as correctional institutions has not quite proved right, themodern role of a prison has gained a new shift. It is a security measurethat protects the society from baddies, and punishment for the offence in general strong enough and needed base of public order.

The return of the concept and meaning of the victim in the criminal justicepolicy is a new trend for the last three decades. If before the victimsneeds were subsumed under the general public interest, the image ofdirect victims, their families, potential victims or the figure of the victim atlarge (usually childs, womans or grieving familys) is put in the podiumnow serving for politicians to substantiate the required changes to criminalpenalties. D. Garland notes that the symbolic role of the victim that hasgrown and started to live its collective life, has an important socialmeaning. This publicized image of the victim or it-could-be-you servesas a metonym for a problem of security that has become a definingfeature of contemporary culture. At the same time it is no longer sufficientto subsume the individual victims experience in the notion of some public


15/116


12

good. Victims have a voice making victim impact statements, beingconsulted about punishment and decisions about release. In general it is anew cultural theme, a new collective meaning of victimhood, a reworkedrelationship between the individual victim, the symbolic victim and thepublic institutions of crime control and criminal justice. Public security

comes first this is a thesis that has gained a new contemporarymeaning. There is an emphasis upon the need for security; prisons havebeen reinvented as an effective security measure. The alternativepunishment may be applied only after careful definition and evaluation ofthe possible risks. Consequently, the function of Probation Servicesrelated to the evaluation and monitoring has become more significant thanthe role of the social work carried out by these Services.

Considering the transformation of criminological thought it can be seenthat the dominant criminological ideas that shaped policy during the post-

war period were those of abnormal psychology and sociological theoriesthat described anomie (lack of functioning of habitual moral norms), socialand relative deprivation, subcultural theory, etc. Explanation of crimeinvolves those individuals who were deprived of proper education or familysocialization, or job opportunities, or proper treatment for their abnormalpsychological disposition. D. Garland concludes that over the last years adifferent set of ideas had had ever more significant influence upongovernment policies, namely, control theories. The concept of the lack ofopportunities was replaced by a new concept of the lack of control. Crimewas explained by inadequate social controls or self-controls and it was

considered that improvement of overall monitoring would be a measure ofreducing crime. Criminology theories now are more related to everydaylife, such as rational choice theory, crime as opportunity and situationalcrime prevention. A shift has occurred from the criminal individual towardsthe criminal event and existence of criminogenic situations. The newcriminal policy advice is: (1) to reduce opportunities of criminogenicsituations, (2) to increase situational and social controls, and (3) tomodify everyday routines. As a result in the US and Great Britain ever lessfocus is on the welfare and needs of the deprived social groups orindividuals.

While national crime debates focus upon punishment, prisons and criminaljustice, an infrastructure has been assembled at the local level thataddresses crime in a quite different manner. Different programmes andactivities (such as Community Policing, Safer Cities programs,Neighbourhood Watch, etc) all of these overlapping and interconnecting,and forming the new crime control system. A great role is assigned to thepolice and probation services, and the new infrastructure is orientedtowards crime prevention, security, harm-reduction, loss-reduction, andfear-reduction. Those are quite different from the traditional goals ofcriminal policy that include prosecution, punishment and criminal justice.


16/116


13

D .Garland considers that one of the most interesting features ofcontemporary preventive practices and authorities is that it straddles thedividing line between public and private. Over the last centuries thestates specialist institutions of criminal justice have dominated the crimecombating but now the changes have reached this field, too. Today we see

a development that enlists the activity of citizens, communities andcompanies that utilize new, different techniques and methods. Moreover,public institutions (prisons, probation, courts) are now being remodelledbased on the principles of public and private partnership. Emergence ofbusiness management principles is observed also in the criminal justicefield the state institutions and organizations operating in this sphere aregradually overtaking the generally accepted parameters of the quality ofwork and management measures. Across the system as a whole new waysof collecting and processing information or financial auditing expand. Theemphasis upon the cost-effective management of risks and resources has

produced a system that is increasingly selective in its responses to crimeand offending. There is an identification of different target groups andsegmentation of offenders(such as high-risk offenders, career criminals,accidental offenders or repeat victims); efficient use of criminal justiceresources (investigative resources, court calendars, probation supervisionand prison places); establishment of new and effective punitive sanctions(diversion, cautioning, statutory fines) thus conserving expensive custodyresources for the more dangerous individuals and decriminalizing lessdangerous offenders. This trend, however, does not refer to the wholepenal system and as mentioned before, sometimes quite reverse response

is observed issues of criminal policy are solved in a populistic way that isproved by the trend of the growth of the prison population over the lastyears.

The above mentioned findings that according to David Garlandcharacterize the modern history of the US and UK criminal justice, may bealso used in the evaluation of the situation of Latvia. The development ofour different law, fifty years experience of the Soviet law, has let us makea completely new model of criminal justice where it is worth using bothpositive and negative lessons of other countries. One of the most

important conclusions is that responses or attitude towards crime andoffender form along with the changes in ones thinking and perception thatis, in its turn, closely related to the economic, social and cultural changesin the society.

1.2. Concept of the criminal sentence forced labour andorder of execution in Latvia


17/116


14

Forced labour a criminal sentence that provides for involvement of aconvict in public work4. The convict serves this sentence by doing specificwork in the area of residence in free time outside the regular employmentor studies and without remuneration. Section 40 of the Criminal Law setsforth that forced labour shall be determined for a term of forty to two

hundred and eighty hours and it is not applicable to disabled persons andsoldiers. If a person, in bad faith, evades serving the sentence, a courtshall substitute a custodial arrest for the unserved sentence, calculatingtwo hours of work as one day of the custodial arrest.

In Latvia forced labour was introduced in 1999 as one of alternativepenalties to deprivation of liberty. The main arguments in the favour ofintroducing alternative punishments and community-based sentences todeprivation of liberty are: (1) saving tax payers money for supporting theconvict in imprisonment and (2) decrease of recidivism of violations

because an effectively organized work for public benefit has an educatingrole.

In Latvia the definition of a sentence as provided for in the Criminal Lawsets forth that a sentence is a compulsory measure which a court withinthe limits of this Law adjudges on behalf of the State against personsguilty of the commission of a criminal offence5. The objective of thesentence is to punish the offender for a committed criminal offence, aswell as to achieve that the convicted person and other persons complywith the law and refrain from committing criminal offences6. Describing

the penal policy in Latvia V. Liholaja sets out three directions for the goalthat the legislator is trying to achieve providing for the punishment forcommitting a criminal offence: (1) to punish the guilty person, (2) toprevent this person from further violations and to achieve that he/sheobserves the law in future (i.e. special prevention), and (3) to achievethat other persons comply with the law and refrain from committingcriminal offences (i.e. general prevention). In order to reach this goal, thecourts imposed sentence shall be legitimate, fair and human but therespective institutions shall ensure the execution of the courts imposedsentence.7.

The forced labour like other compulsory measures is imposed on thecriminal offender by the court or within the limits of the Law set forth bythe prosecutors injunction regarding the penalty8. Section 5 of the LatvianPenalty Execution Code provides for that the State Probation Service

4Information provided by the State Probation Service: www.probacija.lv5 Saeima of the Republic of Latvia Criminal Law, Paragraph 1 and 2 of Section 35

Latvijas Vstnesis,2005 2007 Amended law of 01.01.2007.6Saeima of the Republic of Latvia, Paragraph 3 of Section 35. Latvijas Vstnesis,2005 2007 Amended law of 01.01.2007.7

Liholaja V. What is the Penal Policy in LatviaLatvijas Vstnesis 26.10.2004;02.11.2004 AppendixJurista vrds/Lawyers Opinion/.8Criminal Law, Section 35


18/116


15

executes the criminal sentence forced labour. The order of execution ofthe forced labour set forth in the Latvian Penalty Execution Code9providesfor that the convict sentenced to the forced labour is obliged within fiveworking days from the day the court judgement comes into force toregister for serving the imposed sentence with the forced labour execution

institution according to the declared place of residence. Provided that theconvict does not register within the set period of time with the forcedlabour execution institution in order to evade serving the sentence, he iswarned in writing about replacing the forced labour with a custodial arrest.

The State Probation Service organizes the execution of the forced labouraccording to Section 134 of the Penalty Execution Code: lists of publicworks in which the convicts sentenced with the forced labour shall beemployed, are prepared by municipalities. The territorial structural unit ofthe State Probation Service in its turn informs on a regular basis the

municipality on the course of execution of these works. Responsibilities ofthe State Probation Service as a penalty execution institution include: to control when the convict comes to register for serving the

sentence; to register the convict who has applied for serving the sentence; to explain provisions and order of serving the sentence to the

convict; to issue the convict a work order to an employer or for performance

of a particular work; to sign an agreement with an employer on involving the convict in

the forced labour; to control how the convict performs the work and receive regulardaily information about it from the respective employer;

to record the hours worked for each previous day; if the convict evades serving the sentence or on objective grounds is

not able to continue serving the sentence, to prepare and submit tothe District (City) Court an application of the necessity of replacingthe sentence imposed on the convict, namely forced labour withanother type of penalty.

after execution of the judgement to inform about it the respective

court which has made the judgement.The convict is obliged to show up in the forced labour execution institutionwithin its set period of time. While serving the sentence persons involvedin the forced labour shall observe the internal rules of order, labourdiscipline, labour safety and protection regulations, perform in good faiththe task assigned, fulfil the employers instructions, and serve every daythe set number of work hours. While serving the sentence the convictmust not turn up at the forced labour execution institution and place ofthe forced labour execution under the influence of alcohol, drug or

9Saeima of the Republic of Latvia Latvian Penalty Execution Code, Section 133 - 138.Amended law of 19.06.2007.


19/116


16

psychotropic substances. The State Probation Service covers the convictstransport costs related to arrival at the forced labour execution institutionand execution of the forced labour.

If the convict is not able to execute the forcedlabour for illness or other

important reason, the person shall inform about it the forced labourexecution institution that, approving the reasons of the convicts absenceas plausible, may suspend the penalty execution for a period of no morethan one week or for a period of sickness, entering a respective record inthe personal file. The convicts vacation at the regular employment or astudy leave may not be a basis for suspension of the sentence execution.The convict may not leave the country during the period of serving thesentence without a written permission of the forced labour executioninstitution.

The convict may not be employed in the forced labour more than twohours on work days and upon his or her consent no more than four hoursoutside the regular employment or studies and no more than eight hoursat weekends and on holidays. The term of serving the forced labourcounts in those hours the convict has worked in the work assigned by theforced labour execution institution. Provided that the convict is notworking and studying he may be employed up to eight hours a day. Theconvicts involved in the forced labour shall work at least twelve hours aweek but in case the forced labour execution institution is unable on aregular basis to provide the convicts with work, they may be employed in

the forced labour for less than twelve hours a week.

The employer which has entered into an agreement with the forced labourexecution institution on employing convicted persons or which isemploying convicted persons for public benefit without an agreement,shall assign the convicts a respective work which they can do in their freetime outside regular employment or studies, and: shall ensure for the convicts work conditions pursuant to the labour

protection requirements, shall introduce them with the labourprotection regulations and rules of order;

shall provide the convicts with tools and instruments required forperformance of the work;

shall monitor how the convicts perform the assigned work.

The employer informs the forced labour execution institution about eachconvicts number of hours worked or about evading serving the sentence.If during serving the sentence the convict without an excuse fails toobserve the terms and order of serving the sentence which he or she hasbeen introduced with, the forced labour execution institution afterclarifying the reasons of such action shall warn the convict of the possibleconsequences and replacement of the forced labour with a custodial arrestin accordance with the Criminal Law. If the convict fails to take intoaccount the stated warning and repeats violation of the terms of serving


20/116


17

the sentence without an excuse, such action shall be considered as amalicious evasion of serving the sentence, and the forced labour executioninstitution submits the District (City) Court an application of replacing thissentence with a custodial arrest in accordance with the Criminal Law. Theforced labour execution shall be terminated until the case is heard at the

court.

1.3. Problems of criminal penalty execution in Latvia andabroad

V. Zahars, Assoc. Professor of the Police Academy and the former Head ofLatvian Prison Administration, emphasizes in his monograph on problemsof criminal penalty execution10that application of severe punishment hasno tactile impact on the crime rate while it increases the risk of crimerecidivism. The author admits that it is not possible to combat the crimeonly by punitive criminal justice methods and there is a need for a newideology of a criminal policy that would be targeted at reduction of therate of punitive measures. It means scaling down the application ofimprisonment penalties and channelling the freed financial, material andhuman resources for extension and improvement of the community-basedsentences11.

As seen from both D. Garlands12described experience of the US and UKand also experience of other countries, new sanctions emerged ever more

actively in the comparatively simple penal system that existed in themajority of countries still in the sixties of the twentieth century and whichwas based on deprivation of liberty, penalty fee and conditional sentenceor suspension of penalty execution. The majority of European countriesand also countries of other global regions have introduced diversesanctions unrelated to imprisonment whose execution requires co-operation with the offender, his or her consent as well as the societyssupport and participation: probation, community service, compensationand recovery of loss, victims reconciliation with the offender, withdrawalof licences, training courses, learning and training programs targeted at

behaviour correction, treatment programs (in particular for drug-addictsand sexual offenders), sanction that envisages attending special centres,committal in the probation day centres, intensive monitoring, settingcurfew, house arrest, electronic monitoring, release under supervision,restriction of liberty, combined sentences and other13.

10Zahars V. The Convicted A Nation in the Nation. Problems of Criminal PenaltyExecution. Riga, Zvaigzne ABC, 2005, page 8.11 Zahars V. The Convicted A Nation in the Nation. Problems of Criminal PenaltyExecution. Riga, Zvaigzne ABC, 2005, page 9.12Garland D. The Culture of Control: Crime and Social Order in Contemporary Society.

Oxford University Press, 200113 Zahars V. The Convicted A Nation in the Nation. Problems of Criminal PenaltyExecution. Riga, Zvaigzne ABC, 2005, page 86.


21/116


18

Regardless of acceptance of alternative penalties, considering the overallexperience of European States it turns out that the prison population isgrowing even in such traditionally progressive countries as Denmark andthe Netherlands. The observation in the older European States is that

there is a recognisably similar pattern of an increased imprisonmenteverywhere and the majority of the penal system researchers explain it bya media led hardening of the negative political attitudes and its publicopinion which in its turn facilitates penal severity in general against theoffenders14.

Table 1 shows that among other European States Latvia is still in the firstfive ranks for the number of prisoners per 100,000 inhabitants (292). Thatis a very high level even comparing to other Central and Eastern Europeancountries. Taking into account the recent relatively high number of

prisoners it is quite natural that exactly in this regions countries there is agradual reduction of the number of prisoners observed that is opposite tothe above mentioned general global trend. Considering the data aboutLatvia we may say that in Latvia like in the Czech Republic15a decrease inthe rate of prison sentences has occurred owing to a certain extent tointroduction of community-based sentences and the active work of theState Probation Service.

Table 1. Ranking of countries by number of prisoners per 100,000inhabitants

Number of prisoners per 100,000 inhabitantsRankEurope* /World** State 1992 1995 1998 2001 2004 2006

1. / 3. Russia 487 622 688 638 587 6242. / 15. Belarus 327 535 620 554 437 4263. / 25. Ukraine 248 395 478 406 410 3454. / 29. Estonia 306 295 330 351 339 3335. / 34. Latvia 314 374 410 373 353 2928. / 49. Poland 153 163 148 183 210 2399. / 50. Lithuania 250 351 383 273 234 23512. / 62. Czech Republic 123 181 209 210 169 186

18. / 82. Hungary 143 124 132 152 163 15623. / 104. Netherlands 49 66 85 95 123 12828./ 125. Austria 87 77 86 85 10532. / 136. Germany 71 81 96 98 98 9335. / 140. Greece 61 56 68 79 82 9039. / 146. France 84 89 86 78 91 8542. / 151. Sweden 63 65 60 68 81 82

14Walters J. Building alternatives to custody: lessons from the Czech Republic and otherEuropean States. Referred to on 04.06.2007.http://www.probationboards.co.uk/uploads/vista/186/pdf/Walters.pdf

15

Walters J. Building alternatives to custody: lessons from the Czech Republic and otherEuropean States. Referred to on 04.06.2007.http://www.probationboards.co.uk/uploads/vista/186/pdf/Walters.pdf


22/116


19

44. / 156. Denmark 66 66 64 59 70 7746. / 158. Finland 65 59 50 59 66 7549. / 168. Italy 81 87 85 95 96 6750. / 169. Norway 66 65 59 57 55 58

Source: http://www.prisonstudies.orgNote: The rank is formed * among 56 European countries; ** among 216 countries ofthe world.

Implementing a new approach to offender monitoring, the new CriminalLaw entering into force in April 1999 envisaged that the novelty execution of the criminal sentence forced labour shall be entrusted tomunicipalities. Regardless of innovations in the Criminal Law, the practicalcommencement of penalty execution was delayed. Implementation of thistype of penalty in Latvia within the period of 1st April 1999 to October2003 when the State Probation Service was established was led by Soros

Foundation Latvia that supported financially the development of theforced labour execution mechanism in 10 municipalities of Latvia. At thattime the State did not assign funding for the establishment of the forcedlabour supervision services in municipalities and only in June 2002changes to legislation came into force that provided for application of realsanctions in case of non-execution of the forced labour providing for thatthe arrest shall be served in a partly closed prison16.

At the end of December 2003 the Law on the State Probation Service waspassed. Incorporating the changes to the law passed in November 2006 it

defines the State Probation Service (SPS) as an institution of directadministration under supervision of the Minister of Justice that implementsthe state policy in execution of the criminal sentence forced labour andcompulsory measure of a correctional nature community service as wellas in supervision of probation clients and social behaviour correction. In2004 the State Probation Service took over the coordination of the forcedlabour on the state level and in 2005 according to the transition model inthe forced labour execution started administrating of the assigned fundingand also partly execution of the forced labour in the territory of Latvia. Atthe moment it may be considered that the transition period is over and

since January 2006 the SPS has fully taken over the execution of thecriminal sentence forced labour.

Forced labour may be applied only for criminal offences and less seriousoffences - Paragraph 1 and 2 of Sections of the Criminal Law. Within theperiod of 1999 to 2004 forced labour could be applied to 90 out of 500criminal offences listed in the Criminal Law of Latvia. On 1 January 2005

16Providus. Enforcement of the Criminal Sentence Forced Labour in the Territory ofLatvia. TM State Probation Service, 2004, page 3 - 4. Electronic version referred to on

18.09.2007.http://www.probacija.lv/upload/gen/564/Piespiedu%20darba%20realizacija%20Latvija.doc


23/116


20

amendments of the Criminal Law came into force that enlarged theapplication of forced labour for 114 criminal offences. In Latvia forcedlabour is most often imposed for driving under the influence of alcohol,drugs, psychotropic, toxic or other intoxicating substances, theft, fraudand minor misappropriation and similar offences (see Appendix 1 and 2).

Up to now the former policy in establishing this alternative penalty hasbeen successful that is proved by a stable growth of the number ofconvicts imposed the forced labour (see Table 2).

Table 2. Number of convicts sentenced to forced labour in 1999 to2006

Since01.04.1999*

2000* 2001* 2002* 2003* 2004** 2005** 2006**

183 596 1020 1216 1359 1545 1742 1952

Sources: * Providus. Enforcement of Criminal Sentence Forced Labour in theTerritory of Latvia. TM State Probation Service, 2004.** Data of the Courts Statistics Division of the Court Work Organization Department ofthe Court Administration.

Analysing the proportion of the forced labour among the types ofsentences imposed we come to a conclusion that in general it has notmade a significant impact upon imposing imprisonment. Over the lastthree years the apparent drop-down of the number of convicts imposed an

imprisonment in absolute numbers (see Appendix 3) has been influencedby the decrease of the general number of convicts. Proportionallyimprisonment is still keeping its position as the second most oftenimposed type of penalty and only in 2005 it has been imposed to less than24% or one fourth of all convicts but in 2006 it regains its former marginof 27% (see Table 3, proportions of types of penalties out of the totalnumber of sentences imposed are calculated using data given in Appendix3).

Table 3. Breakdown of types of sentences among the convicts inLatvia (in percentage) in 1999 to 2006

2000* 2001* 2002* 2003* 2004** 2005** 2006**% % % % % % %

deprivationof liberty 26,1 25,9 28,3 26,9 25,5 23,4 27,0conditionallysentenced 56,6 54,9 53,3 53,8 53,5 53,6 45,4penalty fee 10,0 8,1 5,8 6,6 6,4 6,4 7,3forcedlabour 4,7 8,1 9,7 9,9 11,7 15,4 19,5custodialarrest 0,02 0,04 0,1 0,04 0,03 0,1 0,1releasedpersons 2,6 3,1 2,8 2,7 3,0 1,2 0,7


24/116


21

TOTAL 100 100 100 100 100 100 100

Sources: Zahars V. The Convicted A Nation in the Nation. Problems of CriminalPenalty Execution.Riga, Zvaigzne ABC, 2005, page 15.** Data of the Courts Statistics Division of the Court Work Organization Department ofthe Court Administration.

Table 3 shows that the growth of the forced labour rate by 2004 hasemerged due to penalty fees. Whereas, influenced by the recentamendments to the Criminal Law and possibly more active operation ofthe SPS the above mentioned decrease of the imprisonment has occurredin 2005 as well as for the first time there is a trend of drop-down ofreleased persons that continues also in 2006. The most recent trend inpenal statistics is the significant (8%) fall of conditional imprisonmentcases observed in 2006 that is apparently replaced by an alternative forced labour.

Thus, the conclusion drawn already in the previous study proves to betrue that the forced labour has not become a real alternative toimprisonment but in most cases it has replaced a conditionalimprisonment or penalty fee17. It points at a certain contradiction toinitially set objective for the forced labour as an alternative sentence toimprisonment to reduce the circle of those persons who, when imprisoned,are forced to go through a destructive, degrading, criminalizing processthat in most cases ends up with the ostracism of the respective persons.

1.4. Community-based sentences and elimination ofsocial exclusion

Studies on the social exclusion risk groups18 show that people releasedfrom imprisonment face particular difficulties to integrate in the labourmarket and society. That is influenced by inhabitants and employersnegative attitude towards those persons former criminal records, fear andprejudices relating to prisons and imprisonment places, loss of social skillswhile serving the sentence in the prison. Studies carried out in Latvia on

the possibilities to maintain the prisoners working skills and perform socialrehabilitation in imprisonment places or after release from them showedthat at the moment serving the sentence in imprisonment institutions ofLatvia facilitates the narrowing of the persons social network (familysupport and friends are lost) and loss of working skills.19. People who have

17 Providus. Enforcement of the Criminal Sentence Forced Labour in the Territory ofLatvia. TM State Probation Service, 2004, page 5 .18 Rungule R., Sniere S., et al. Reasons and Duration of Unemployment and SocialExclusion.LM 2007, page 192, 273 - 283.19

For instance, the authors of the study Accessibility of Prisoners and Released PersonsEducation, Employment and Social Rehabilitation Services have given a detailedsummary of the previous studies. See website:


25/116


22

been imprisoned for more or less longer period have lost their social skillsrequired for organizing the daily life as well as their qualification andworking skills (if any possessed before) required to return to the formeremployment or establish new employment relationship. If a person getsimprisoned the employer is not waiting until his return from the prison but

replaces him or her with another employee. The released persons after areturn from imprisonment usually face problems of finding a job becausethe former employers usually don't need them, working skills are partlylost and it is rather difficult to find a new job. According to the data ofprevious studies, the former prisoners more than other groups ofinhabitants use informal channels in organizing their life at liberty, are lessinformed about the states and municipalities offered possibilities and aremore passive than other groups of inhabitants in using the activeemployment measures20.

From this point of view the alternative type of sentence to imprisonmentdiscussed in the study - forced labour that in Latvia at the moment is fullyimplemented by the State Probation Service is targeted at inclusion, notisolation of offenders from the society. Establishment of the forced labouras an alternative to imprisonment is one of the possibilities for the convictto maintain the existing employment or in case the person is notemployed at the moment of sentencing, to retain and develop the workingskills.

Fulfilment of this objective is possible only if the societys attitude is such

that understands the problem and supports the return of the convict intothe society. It should be noted that the convicts own capability to confesshis or her offence and be aware of the consequences of the offence,thereby also a motivation to correct one's behaviour and return into thesociety also plays a very big role in developing a positive attitude. Theapproach of "restoration of justice" that the SPS is developing andimplementing in practice according to the Section 6 of the Law on theState Probation Service plays a significant role in this work with theoffender and victim.

The principle of restoration of justice in the criminal procedure is beingimplemented through the settlement where the victim and offenderparticipate together in eliminating consequences of a criminal offenceagreeing upon a fair solution. The victim is given in the settlementprocess a chance to express his or her own point of view of the incident,to receive apologies and a compensation of loss as well as get a moralsatisfaction. The settlement gives an opportunity for the victim to activelyparticipate in the criminal proceeding that was impossible in Latvia

http://sf.lm.gov.lv/CMS/modules/EReditor/jscripts/tiny_mce/plugins/filemanager/files/eq

ual/dokumenti/petijums_ieslodziitie.doc20Latvian Joint Memoranda on Social Inclusion. Referred to on 14.06.2006.http://www.lm.gov.lv/doc_upl/LMMemorandsLV_230104.doc


26/116


23

hitherto and was considered a substantial pitfall of the judicial system. Asfor the part of the offender, the settlement makes to think overconsequences of one's behaviour and assume a responsibility for the harmdone to the victim. The settlement helps the victim to maintain neutralrelationship with the offender that in general facilitates the safety of the

society21. Such practice of hearing victims and taking into account theirrecommendations in sentencing or releasing from punishment would meanrooting of the new penal philosophy in Latvia.

Yet, in order the alternative sentences including the forced labour to beefficient, there is a need for support from all interested parties that meansthat acceptance of new beliefs shall be general enough, from legalexperts, judges and other field professionals to non-governmentalorganizations and municipal population. An experience of other countriesshows that ideals and values important for intelligentsia, rather narrow

elite and specialists of a particular field may only be incorporated in thelegislation, yet their viability or sustainability depends on the wider publicsupport for the respective range of ideas or philosophy. Considering theforced labour that is a community-based sentence it is apparent that it isone of parameters revealing the public support for the new ideals of thecriminal policy: starting from the legislators or Sections of the CriminalLaw providing for the forced labour as sentencing; the prosecutors and

judges readiness to apply the forced labour; the infrastructure ofProbation Services and local forced labour execution institutions; theexisting and potential employers or forced labour places and types

offered; up to the convicts themselves and their attitude towards theforced labour as a punishment.

21The State Probation Service. Referred to on 14.06.2006.http://www.probacija.lv/lat/gen/5/675


27/116


24

II THE STUDY OUTLINE AND DATA COLLECTION

METHODS

The theoretical review allows stating that the support of the society andfield professionals, the last being the state institutions involved insentencing and practical execution, namely, judges, employers and theState Probation Service staff, is important for the support of the forcedlabour as an idea of an alternative punishment. The opinion of thesetarget groups was found out in detail within the given study. Datacollection in each target group was performed according to the objectivesand tasks of the study. In general the following activities were carried outwithin the study: Deep interviews with judges;

In-depth interviews with employers; In-depth interviews with the State Probation Service employees; Public opinion poll.

A similar study will be carried out also on the role of a compulsorymeasure of a correctional nature "community service" in eliminating thesocial exclusion. In cases the judge who was interviewed about theattitude towards the community service had also sentenced the forcedlabour but in cases the employer had worked with both of these targetgroups the questions on the forced labour were asked also within thescope of the study on the community service (and vice versa). Whereas,within this study the State Probation Service employees were also askedabout difficulties in practical execution of community service.

2.1. Deep interviews with judges

The aim of deep interviews with judges on sentencing offenders to theforced labour was to obtain a deeper view on the efficiency of the forcedlabour, to define an attitude towards the penal execution institutions (theState Probation Services and employers') capacity to ensure itsexecution. According to the objective the following tasks were set: To find out rational and emotional factors on the basis of which the

decision is made on application or non-application of the forcedlabour;

To evaluate the restrictions set in the existing regulatory acts onapplication the forced labour sentence;

To evaluate the judges perception of their role in eliminating thesocial exclusion risk for persons having committed less severeoffences;

To evaluate the judges' previous experience in co-operation withpenal execution institutions and their capacity ensuring theexecution of the sentence.


28/116


25

Within the study 20 deep interviews with judges were performed. Judgeswere interviewed both in Riga and in all regions of Latvia and thebreakdown by regions was determined by both the number of the convictsand the frequency of sentencing to forced labour in municipalities of a

different size. As the study was carried out along with the study on thecommunity work, nine judges in the regions of Latvia who had sentencedthe compulsory measure of a correctional nature community work hadalso sentenced the forced labour and expressed their opinion about it. Thisadditionally obtained material has been also analysed within the study.

The italized text in the study report gives quotations from interviews withjudges, employers and the State Probation Service employees. In order toseparate each groups opinion, the target group is given in the bracketsafter the quotation, for instance, a judge, an employer or a SPS

employee.

2.2. In-depth interviews with employers

The aim of in-depth interviews with employers was to obtain a deeperview on the efficiency of the forced labour as a punishment and theemployers' motivation to participate in employment activities as well as todetermine the attitude towards the penal execution institution (the StateProbation Service). The following tasks were set for the activity:

To find out rational, social and emotional factors on the basis ofwhich the decision is made on participation in organizing the forcedlabour for offenders;

To evaluate the employers experience employing offenders both interms of risk, loss and benefit;

To accumulate information about examples of a positive practice; To evaluate the employers perception of their role in eliminating the

social exclusion risk for persons having committed offences; To evaluate the previous experience in co-operation with penal

execution institutions.

20 in-depth interviews with employers were performed within the study.As quite often the employers employed both the forced labour andcommunity service performers, 7 interviews were acquired within thecommunity service study where the employers described the problems ofboth target groups. Interviews were performed both in Riga and in theregions of Latvia.

2.3. In-depth interviews with the State Probation Service

employees


29/116


26

The aim of in-depth interviews with the State Probation Service employeeswas to obtain a deeper view on the efficiency of the forced labour as apunishment, co-operational difficulties with the judges, employers andconvicted offenders. As the opinion poll of the State Probation Serviceemployees was not included in the agenda of the study on the community

service, the SPS employees were interviewed both about the forced labourand community service. The SPSs opinion on community service is givenin the report of the study The Role of Community Service in Eliminatingthe Social Exclusion. The overall tasks of the activity were as follows: To evaluate the disincentives and coefficients of the interest of the

target groups involved to sentence and help to execute the forcedlabour of community service;

To evaluate the experiences of co-operation with other involvedtarget groups both in terms of risk, loss and benefit;

To evaluate the impact of the forced labour as a punishment on

offenders employment and social rehabilitation, and efficiency ofcommunity service as a compulsory measure of a correctionalnature;

To evaluate the penal executors perception of their role ineliminating the social exclusion risk for persons having committedoffences.

15 interviews with the State Probation Service employees who areorganizing the forced labour execution in Riga or other regions of Latviawere performed within the study. It ensured that the study represented

both the opinion of such employees having huge work load that isdetermined by the number of probation clients per one SPS employee andof such employees with a smaller number of clients. The difference innumber of probation clients in the regions of Latvia depends on objectivecircumstances the number of convicts sentenced to forced labour in aparticular territory.

2.4. Public opinion poll

The aim of the public opinion poll was to measure the public opinions onthe efficiency of the forced labour comparing to other types of criminalsentences. The following tasks were set for achieving the objective: To measure the level of awareness of the forced labour; To find out the prevailing public opinions on the social benefit and

loss of application of the forced labour; To find out the main perceptions on the impact of different types of

criminal sentences on the offenders possibility to correct hisbehaviour and integrate in the society.

The public opinion poll was performed within the period from 14 May to 19June 2007 covering all inhabitants of Latvia of age 15 to 74. 1000


30/116


27

respondents were polled within the study performing direct interviews atplaces of residence. A selection of respondents was done according toprinciples of a multi-step stratified sampling. In order to acquire 1000valid interviews 2067 contacts with potential respondents were made. Thepoll was performed in co-operation with SIA Socioloisko ptjumu

institts.


31/116


28

III THE STUDY RESULTS

A report of the study results consists of four sections. First, the public

attitude towards the criminal sentence "forced labour" comparing to othertypes of punishment and field professionals' (judges' and the StateProbation Service employees') attitude towards the forced labour wasexplored. Second, the process of imposing a criminal sentence forcedlabour" will be considered. Third, a vital section covers characteristics ofproblems of practical sentence execution both from the point of view ofemployers and SPS employees. Finally, efficiency of the forced labour as acriminal sentence is analysed and recommendations of increasing it areproposed.

3.1. The societys and field professionals' attitudetowards the forced labour

For community-based sentences, such being also the criminal sentence"forced labour", to be applied as widely as the effectual law allows and forthe punishment to be efficient, both the society's and field professionals'support is required therefore one of the tasks of the study was to find outthe society's, judges' and the State Probation Service employees' attitudetowards the forced labour.

3.1.1. Recognition and image of the forced labour in the society

Latvian people were asked questions in the public opinion poll, first, whatthey consider the most appropriate type of punishment in such caseswhen according to the Criminal Law it is possible to apply also the forcedlabour, and, second, what the most appropriate punishment would be thatcould best refrain an adult from further violations or criminal offences. Therespondents were warned at the beginning of the poll that the subject ofthe study is sentences that would be appropriate for criminal offences thatdo not cause serious danger to the society. Responses of Latvianinhabitants to both above mentioned questions are given in Figure 1.

Column 1 in Figure 1 reveals the opinion of Latvian inhabitants of age 15to 74 on the most appropriate sentence for such criminal offences astheft, fraud, hooliganism, driving under intoxication of alcohol or othersubstances (without causing a car accident) and other similar violations(hereinafter in the text - for less serious criminal offences). Column 2shows the opinion of inhabitants on the type of punishment they considercould best refrain an adult from committing further violations and criminal

offences. In both questions inhabitants were asked to choose one type of


32/116


29

punishment from all possible (provided for in the Criminal Law) types ofpunishment in Latvia.

In Figure 1 several conditional sentences are mentioned. Conditionalsentencing means that that the imposed sentence is not actually executed

on condition that the convict in the probation period set by the court willnot commit new criminal offences, will not violate the public order and willfulfil the obligations set by the court otherwise the sentence is executed inreality. It means that conditional imprisonment means that if a personcommits a new offence in the period set by the court he is imposed a realimprisonment.

Figure 1. Pertinence of different criminal sentences for punishingless serious criminal offences

37

18

18

6

4

2

3

17

20

14

3

3

12

31

2

11

Real correction work or community workwithout remuneration

Real penalty fee

Real imprisonment

Conditional imprisonment

Conditional correction w ork

Conditional penalty fee

Other

No answer, hard to say

% The most appropriate sentence IN GENERAL

The most appropriate sentence for ADULTS

Source: Public opinion poll, Latvian inhabitants of age 15 to 74 (n=1000 respondents).Definition of questions in the questionnaire:The most appropriate sentence IN GENERAL What do you consider the mostappropriate type of punishment for committing such criminal offences as theft, fraud,hooliganism, driving under influence of alcohol or other substances (without causing acar accident) and other similar violations?The most appropriate sentence for ADULTS In general, what type of punishment doyou think would refrain an ADULT from committing further violations or criminaloffences?

Considering the opinion of Latvian inhabitants it is apparent that ingeneral the most appropriate punishment for committing less serious


33/116


30

criminal offences is a real correction work or community work withoutremuneration (37%) that by definition corresponds to the forced labour.The next two most often mentioned criminal sentences are a real penaltyfee and real imprisonment (18%). In general, respondents more oftenmention real sentences as the most appropriate types of punishment for

committing less serious criminal offences and in considerably few cases conditional sentences.

Considering in more detail two types of punishment - imprisonment andreal correction work for public benefit without remuneration it is seen thatthe forced labour for committing less serious criminal offences is mostoften supported by inhabitants living in Riga, with the higher educationand higher level of income per family member. Imprisonment as the mostappropriate punishment for committing less serious criminal offences ismost often mentioned by respondents with lower income and living

outside Riga.

The main positive benefit stated by the respondents who acknowledgedimprisonment as the most appropriate type of punishment for less seriouscriminal offenders is an isolation of an offender (refinement of thesociety). The main negative consequences the respondents saw in case ofimprisonment are loss in the state budget. An interesting observation isthat this part of respondents that considered imprisonment as appropriatefor less serious criminal offences, rarely mentioned that the possiblenegative consequences of imprisonment is a possibility to learn

committing criminal offences.

The main benefit of the forced labour mentioned by inhabitants whoacknowledged this type of punishment as the most appropriate for lessserious criminal offenders is the public benefit (maintaining order ofenvironment, etc.) and the condition that the punishment is specific andperceptible. The majority of the forced labour supporters could not statethe negative consequences.

Opinions of Latvian inhabitants on the most appropriate type of

punishment for adults differ (see Figure 1) from the view of the mostappropriate type of punishment in general for less serious criminaloffences. Though real correction work for public benefit withoutremuneration (forced labour) is still mentioned most often (31%). Themain reasons why respondents consider a real correction work asappropriate for punishing adults are: (1) a possibility to think over theoffence and fear of punishment; (2) work and discipline; (3) a possibilityto correct ones behaviour, and (4) performing of work for the benefit ofthe entire society.

A real imprisonment is the second most often mentioned punishment(20%) that is appropriate for adults to prevent them from furtheroffences, it is followed by a penalty fee (17%) and conditional


34/116


31

imprisonment (14%). A real imprisonment as the most appropriate type ofpunishment for punishing adults is mainly grounded on that it (1) gives anopportunity to think over the offence, creates a sense of shame and fearof punishment; (2) facilitates the responsibility for the offence; (3)

refines the society.

Perceptions of Latvian inhabitants on what the main aims are whenpunishing an adult for committing a less serious crime or violation aregiven in Figure 2.

Figure 2. The main motives of the punishment for less seriouscriminal offences

29

21

10

9

8

7

6

7

3

Punishing for the offence

Preventing a repeated violationTo make understand that social life norms

shall be observed

Prevent larger crime

Reeducate , correct

To make understand that general humannorms shall not be ignored

Protect society

To be a warning for others

No answer, hard to say

%

Source: Public opinion poll, Latvian inhabitants of age 15 to 74 (n=1000 respondents).Definition of a question in the questionnaire: What do you consider to be the main aim ofthe punishment penalizing an ADULT for less serious crimes or violations?

Figure 2 shows that Latvian inhabitants see the main aim of thepunishment for a less serious criminal offence in punishing for the offence(29%) and preventing a repeated violation (21%). Most often punishingas the main aim of the punishment is mentioned by respondents who haveconsidered a real penalty fee as the most appropriate punishment foradults for committing less serious criminal offences. Prevention of arepeated violation as the main aim of the punishment is most oftenmentioned by the respondents who have considered a conditionalimprisonment and conditional penalty fee as the most appropriatepunishment for adults. To make understand that social life norms shall beobserved this reason is most often mentioned by those respondentswho consider a real penalty fee and real correction work as the mostappropriate punishment for penalizing adults. The aims of the punishment to protect the society and prevent more serious criminal offences are


35/116


32

most often stated by the respondents who have mentioned imprisonmentas the most appropriate punishment.

Figure 3 reveals the attitude of Latvian inhabitants towards people whohave committed criminal offences and opinion on the impact of different

types of punishment on the possibility of the convicts to correct theirbehaviour and integrate in the society.

Figure 3. Perceptions of the impact of punishments on offenders


36/116


33

-38

-17

-38

-38

-4

-46

-36

-21

-32

-16

-2

-6

-2

-9

-8

-33

-23

-1

-18

-18

-7

-3

56

18

44

55

35

56

24

29

26

25

34

47

34

38

29

6

10

39

11

12

25

13

43

-13

-18

-41

-15

-38

-21

33

24

15

21

7

Persons ability to correct ones behaviour ifhe or she has committed a crime once

(normal value= 3,1;n=879)

Persons ability to correct ones behaviour ifhe or she has committed a crime several

times (normal value=1,9;n=915)

In prison a person loses skills required fordaily life and work (normal value=3,0;n=924)

One must be very cautious contacting withthe former prisoner (normal

value=3,0;n=911)

A person having served a sentence in aprison w ill never ever be able to become a

full-fledged society member aga in (normalvalue=2,6;n=850)

If former prisoners are supported inintegration into the society there is a biggerchance they w ill refrain from committing new

crimes (normal value=2,9;n=824)

The society and surrounding people shallassume joint responsibility for other personscommitted crimes (normal value=2,0;n=892)

The family and friends sha ll assume jointresponsibility for their close relatives and

friends committed crimes (normalvalue=2,3;n=888)

State must promote prisoners employment inimprisonment p lace (normal

value=3,6;n=952)

Imprisonment helps a person to correct thebehaviour and refrain from future violations

and commitment of criminal offences (normalvalue=2,3,n=810)

Pena lty fee he lps a person to c

Documents

2007 - Forced Labour