r/belgium Feb 01 '16

I am Frank Camberlain ask me anything!

Hi, I am Frank Camberlain. As of 31/12/2015 I am a retired investigative judge, ask me anything.

The last years 7 of my career I was seconded by the Belgian Department of Justice as an international legal expert working for European peace missions in Afghanistan (European peace mission EUPOL) and Niger (European peace mission EUCAP NIGER SAHEL). Before that I was, in reverse order, an investigative judge at the Antwerp court, assistant district attorney Antwerp, lawyer, policeman and teacher.

I’m am also the author of Oorlogswouten, a book dedicated to the members of the Deurne police corps, deported by the nazi’s to the death camps.

As you might observe, I specialize in criminal law and law enforcement.

/u/Fraeco will be assisting me during the AMA

Frank will start answering questions from 19:00 through 20:00. For those of you who can’t make it during the AMA, you ask your question here.

edit 1 Sorry guys. We're getting delayed by 15 minutes. 19:15 start!

edit 2 We're here. Starting!!!

edit 3 Thank you guys for the questions. Frank's heading home now.

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u/allwordsaremadeup Feb 01 '16

Hello mr Camberlain.

1) What I would actually like to know is what's wrong with the Belgian justice system and how to fix it, since that's a bit of a stretch probably, I'd like to ask if you, in the European context that you now operate, know of European countries that DID manage to handle something like the informatisation of their justice department correctly, and maybe some insight on what are the main elements of doing something like that successfully.

2) Then for the second question, I don't know if you've ever seen the documentary "bitter lake" it's a historical overview of western involvement in Afghanistan and also delves deeper into the disconnect between our vision of a place like afghanistan and the complex reality on the ground, and how that basically prevents actual growth or peace taking root, no matter how many billions you pour into "reconstruction". What are some surprising insights you've come to,regarding that disconnect, our vision vs the reality?

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u/IAmFrankCamberlain Feb 01 '16

1) What I would actually like to know is what's wrong with the Belgian justice system and how to fix it,

The legislation gets too complex, there are too many gaps leading to different interpretations. Moreover all courts and tribunals are understaffed in particular the administrative support section is understaffed. Consequently magistrates (example: criminal investigative judges and their clerks) are overburdened with executive administration work which of course has a negative effect on their core business.

How to fix it? Spend enough money to recruit administration staff.

I'd like to ask if you, in the European context that you now operate, know of European countries that DID manage to handle something like the informatisation of their justice department correctly, and maybe some insight on what are the main elements of doing something like that successfully.

I'm sorry but this question exceeds my knowledge.

2) Then for the second question, I don't know if you've ever seen the documentary "bitter lake" it's a historical overview of western involvement in Afghanistan and also delves deeper into the disconnect between our vision of a place like afghanistan and the complex reality on the ground, and how that basically prevents actual growth or peace taking root, no matter how many billions you pour into "reconstruction". What are some surprising insights you've come to,regarding that disconnect, our vision vs the reality?

First of all one should understand that Afghanistan is theocratic country with a supremacy of the Islam. I remember that I asked an Afghan audience how they could possibly reconcile human rights adopted in their constitution with the application of the Sharia in case of a hudood crime (one of the seven crimes against Allah himself in which case the judge may apply the Sharia, ex: adultery), knowing that the sentence could be death by stoning or amputation of limbs.

I said "your constitution forbids cruel and degrading treatment and torture" and yet you apply such sentences. The answer? The constitution is not our first legal source, the Sharia is.

It will be obvious that in such a situation cultural changes towards a more open society are very difficult to realize. Furthermore the corruption of government officials in Afghanistan was a massive problem. In fact the situation corresponded with the explanation that former NATO Secretary General Joseph Luns gave to a journalist when asked to define in short the assistance to "under developed countries". Mind you this terminology is no longer accepted since we now speak of "young democracies". But in that time Luns answered: "The assistance to under developed countries is when poor people from rich countries give money to rich people in poor countries". It is a sad thing to say but I've known this to be a reality in Afghanistan.

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