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Sayfa 162
9.Comparative Issues to be Addressed
| When was The Child Sexual Abuse Directive implemented in your legal system? How is the „Removal Article” (Article 25(1)) implemented in your legal system? How is the “Blocking Article” (Article 25(2)) implemented in your legal system? Is a court order needed for removing or blocking electronic data? Are there specific provisions on removing or blocking child pornography in your legal system? Is there an obligation of prompt removal or blocking, or is there a specific set time frame to do so? Is electronic monitoring a ‘means of checking (legal tool)’ or an ‘independent legal institution’? This question seems irrelevant at first; however, it might involve important human rights-related aspects. If we support the first option, we neglect to consider restrictions on human rights brought about simply by the application of electronic monitoring (e.g. collecting data by GPS technology), which prepares the ground for potential abuse. On the other side, however, electronic monitoring is a technological tool that becomes a legal institution through the addition of viable regulations into its framework. The broadened application of electronic monitoring could diminish the importance of personal/human contact in the reintegration and after-care process of offenders. What could the ideal solution be? What effect does it have on probation services? Could electronic monitoring be punitive “enough” in the eyes of modern society? The most referred human right regarding electronic monitoring is the right to privacy. Could electronic monitoring still be considered “punitive” or “intrusive” in the criminal justice context? Alternatively, do we find its punitiveness mostly in the added regulations, such as restriction of movement, etc.? The private sector provides the technology for electronic monitoring. Companies manufacturing such tools have financial interest vested in the broad and even broader application of electronic monitoring. Does or will this interest influence criminal policies? If the prison system allows internet access, should the purpose of its use be regulated? (education/training, connection with the outside world) In the case of regulated internet access, which websites would be allowed, and which sites would be prohibited? If internet access is provided in a prison setting, which category of prisoners would be entitled to access it? What would be the grounds for exclusion (e.g. the nature and gravity of the criminal offence committed…)? |
