OSCE Mission supports introduction of alternative sentencing in Serbia

Imprisonment is one traditional method of punishing offenders. However, in some cases it has proven not to be the best way of ensuring justice and lasting public safety. Sometimes the influence of other prisoners and bad jail conditions can have a negative effect on people convicted of lesser crimes.

In order to counteract this trend, the OSCE Mission to Serbia, together with the Dutch Government, is assisting the Ministry of Justice in introducing alternative sentences. These 'community sanctions' are a more tailored way of sentencing that put the offenders' time to good use and bring benefit to the community.

The Head of the Department for Treatment and Alternative Sanctions within the Prison Administration of the Ministry of Justice, Damir Joka, has been a key figure in the establishment and development of alternative sentencing in Serbia. In this interview with Chiara Longhi of the OSCE Mission's Rule of Law Department, he talks about its importance for Serbian society and the long process required to get it up and running.

Could you explain how this project began and how it has developed?

The introduction of alternative sanctions in Serbia effectively started in 2007, after a new set of criminal laws introducing them was adopted in 2006. The OSCE Mission began a two-year project in January 2008, with the support of the Dutch Government.

First and foremost, it was necessary to create the legal framework and to set up the Commissioner's Service, which is the office of the Department for Treatment and Alternative Sanctions which will implement and monitor the enforcement of judgments. The judges, prosecutors and others who are likely to deal with sentenced persons all had to be trained. At this stage, we are signing co-operation agreements with employers, social organizations and local institutions that will provide work for the persons sentenced and supervise them.

Particular attention was devoted to the way in which this big change in the way sentences are served was presented by the media. Educating the general public is an important step to prevent unfounded fear and to ensure the acceptance of this new system. All the reactions we have seen up to now indicate that it has been accepted.

How will Serbian society benefit from the establishment of alternative sanctions?

The concept behind the introduction of alternative sentences is to develop a feeling in communities of responsibility for the social reintegration of offenders.

The offenders are placed in rehabilitation programmes or job training. This helps to prevent reoffending and can also 'pay back' the community that has been damaged by the crime much better than traditional incarceration.

These alternative sentences mean that offenders are not exposed to the negative effects of prison, which avoids a break in family and community ties, and also reduces the chances of reoffending.

Another important element for the community is that the prison population is not increased, so that taxpayers' money which would otherwise be used to cover the costs of imprisonment can be saved.

How much needs still to be done at the level of Serbian institutions and society to develop and fully implement this new system of sentencing?

The complete implementation of alternative sanctions is a complex challenge, even for those countries that introduced them much earlier than Serbia.

The Commissioner's Service Office has planned the minimum necessary budget for the enforcement of these sentences, but the amount of the budget in the years to come will mainly depend on the effective number of sentences issued and carried out.

The implementation of alternative sentencing will start at the level of the local court in Belgrade at the beginning of 2009.

Apart from the results already achieved, much remains to be done to establish alternative sanctions as an effective part of the Serbian penal system.

Today, the Mission to Serbia is assisting with ongoing training to experts and information campaigns on the importance of alternative sanctions. More seminars and roundtables, both at domestic and international level, are planned for 2009. Six regional offices will also be created as part of the Commissioner's Service.