Joris van Wijk

Pacifying and integrating the favelas of Rio de Janeiro; an evaluation of the impact of the UPP program on favela residents

In 2008, to curb the violence in the city and in preparation for its bid to host the World Cup and the Olympic Games, Rio de Janeiro installed the “Unidades de Policia Pacificadora” (UPP) program. The aim of this program is to increase security by restoring state control in the favelas and by integrating the favelas and their residents into the formal city. Based on an extensive literature review and 30 (in-depth) interviews with key stakeholders, including favela residents, this article evaluates the extent to which the UPP program has reached its goals 5 years after it was introduced. It concludes that the UPP program has deeply impacted the lives of favela residents. Fewer incidents of lethal violence have been registered. At the same time, residents generally feel safer, and pacified favelas have been integrated to some extent in the formal city. But these achievements have – literally – come at a price. Baile funk has left the favelas and the increased costs for public services and housing have compelled some residents to move to marginalized parts of the city.

Alleged war criminals in the Netherlands: Excluded from refugee protection, wanted by the prosecutor:

On the basis of Article 1F of the Refugee Convention, alleged perpetrators of international crimes can be excluded from refugee protection. This paper explains why the Netherlands – which is among the countries that apply Article 1F most actively – has, despite administrative commitment, so far successfully prosecuted only 4 out of approximately 800 excluded individuals. On the basis of an analysis of 1F files and interviews with policy makers, representatives from the National Prosecution Office and investigators, we identify the most relevant legal and practical challenges. Although domestic prosecution of suspects of international crimes is already complicated in itself, this article presents a number of additional factors that make prosecuting excluded persons even more challenging.

Does Remorse Count? ICTY Convicts’ Reflections on Their Crimes in Early Release Decisions

Based on all publicly available International Criminal Tribunal for the Former Yugoslavia (ICTY) early release decisions as of May 31, 2017, this explorative article empirically analyzes, systematizes, and evaluates how ICTY convicts reflected on their past crimes during early release proceedings and how this affected decision-making of the ICTY President regarding their level of rehabilitation and early release. For this purpose, we developed an analytical framework distinguishing between acknowledgement of responsibility and remorse, as two forms of reflection on the past crimes, and their general and personal dimensions. Our analysis demonstrates that of all 53 individuals early released at the ICTY, 36% were considered sufficiently rehabilitated and a part of their sentence pardoned without any information regarding their outlook on the crimes they had been convicted of. Only 19% of the early released prisoners acknowledged their personal responsibility and expressed remorse for the crimes they committed. Others denied, only partially accepted responsibility and/or showed remorse on a general level, which, however, did not bar their early release. The article argues that this haphazard practice brings into question the ICTY legacy with respect to its goal of offender rehabilitation and its potential effects on reconciliation in the Former Yugoslavia.

Asielzoekers als (vermeende) daders

Dit artikel beschrijft de juridische grondslag om asielzoekers en statushouders die worden aangemerkt als (vermeende) oorlogsmisdadigers, criminelen en terroristen een verblijfsstatus te ontzeggen of ontnemen, op welke wijze de Nederlandse overheid tracht deze personen te signaleren en wat de aard en omvang van deze groep is. Er wordt geconcludeerd dat het identificeren van vermeende oorlogsmisdadigers en jihadisten bijzonder complex is en dat er een spanningsveld is met betrekking tot nut, noodzaak en wenselijkheid van het beschikbaar stellen van concrete handvatten in de vorm van indicatoren(lijsten) aan eerstelijnsprofessionals om jihadisten te herkennen. De aanwezigheid van ongewenst verklaarde, maar niet uitzetbare (criminele) asielzoekers is maatschappelijk onwenselijk. De suggestie wordt gedaan om hen, onder bepaalde voorwaarden, een tijdelijke verblijfsstatus te verschaffen.

Alleged perpetrators of serious crimes applying for asylum in the Netherlands: Confidentiality, the interests of justice and security

The Refugee Convention states that asylum seekers should be excluded from refugee protection when there are ‘serious reasons for considering’ that they committed serious crimes. This article describes which alleged perpetrators are excluded in the Netherlands and discusses if and how confidentiality issues prevent disclosure of information about their nature and whereabouts. It concludes that law enforcement agencies typically receive information after a final decision to exclude has been made and that other actors are generally not informed at all. It is questioned to what extent this practice serves the interests of justice and security since it may frustrate successful prosecution and threaten security.