Trafficking of Persons through Borders in Europe Phenomenon and Counter-measures Andrea Di Nicola

1. Trafficking of Persons through Borders in Europe Phenomenon and Counter-measures Andrea Di Nicola andrea.dinicola@transcrime.unitn.it http://www.transcrime.unitn.it Seminar for the presentation of the Second Interim Report of the research project: ‘The Contribution of Data Exchange Systems to the Fight against Organised Crime in the SEE Countries: an Assessment’, Braşov (Romania), 27 February 2004

2. Definition of trafficking in human beings (UN) “The recruitment, transportation, transfer, harbouring or receipt of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” (United Nations, Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime, 2000, art. 3) Definitions, causes, general introduction

3. Definition of trafficking in human beingsfor the purposes of labour or sexual exploitation (EU) “The recruitment, transportation, transfer, harbouring, subsequent reception of a person, including exchange or transfer of control over that person, where:(a) use is made of coercion, force or threat [...], or(b) use is made of deceit or fraud, or(c) abuse of authority or of a position of vulnerability, [..], or (d) payments or benefits are given or received to achieve the consent of a person having control over another person for the purpose of exploitation of that person's labour or services, including at least forced or compulsory labour or services, slavery or practices similar to slavery or servitude, or for the purpose of the exploitation of the prostitution of others or other forms of sexual exploitation, including in pornography. (Council Framework Decision on combating trafficking in human beings, 19 July 2002,art. 1, 2002/629/JHA) Definitions, causes, general introduction

4. Push Factors Pull Factors • Shortage of manpower • Comprehensive social security • Positive economic situation • Democratic systems of government • Political and social stability • Historical links • Common languages • Existing communities • Expectations • [...] • Dissolution and disintegration of multicultural states • Religious and ethnic conflicts • Natural disasters • Discrimination • Political instability and (civil) wars • Low economic situation • Uncontrollable population growth • Vast differences in population and economic growth; • Impoverishment • [...] Definitions, causes, general introduction

5. A spectrum of the organised crime groups involved More rationality - better division of labour and a wider number of roles for participants = + ORGANIZATION Definitions, causes, general introduction Multinational enterprises (international networks) Medium/large enterprises From home-made businesses to small enterprises Individual entrepreneurs (so-called amateur traffickers)

6. Phases of trafficking: • Recruitment • Transfer • Entrance • Exploitation Definitions, causes, general introduction

7. The trafficking routes • towards Europe: • Baltic route • Northern route • Central European route • Balkan route • East Mediterranean route • North African route Definitions, causes, general introduction

8. Organising a trafficking enterprise, basic principles: • Networks/alliances and outsourcing • Division of labour • Horizontal interdependencies among criminal activities (diversification) • Vertical interdependencies among crimes (specialisation of criminal activities) • Using control devices during the exploitation phase Definitions, causes, general introduction

9. A representative case. Trafficking of human beings from China, Bangladesh, Eastern Europe to Italy (1999-2000) (proceeding 1999/99 NRN - Prosecutor Office of Trieste) [ Source: Prosecutor Office of Trieste ] A case

10. Modus Operandi - Trafficking routes A case

11. Modus Operandi - Entry Points into Italy A case

12. Main features: • Complex crime, committed in association • Transnational nature • Strategic alliances among different criminal groups • Interdependencies among crimes • Violation of human rights • Corruption • 'Organised crime'-oriented approach • Specific investigative and judicial instruments • Competence • International co-operation Main features

13. The Rumanian law on the prevention and combat of trafficking in human beings. Some comments: • Pros • Offences in line with international standards (harmonisation of legislation) • Aggravating circumstance for organised offence • Special means of investigation (undercover offices, special surveillance) • Confiscation (also of vehicles) • Use of supergrasses • Liaison magistrates • Cons • Lack of special investigative units • Lack of ‘controlled delivery’ • Possibility of punishing trafficking from the country (?) Rumanian law on trafficking

14. Guidelines for effective investigation and prosecution: • In general: • Need for high competence and specialisation (learn from other experiences) • Considering these offences as very serious forms of organised crime, while investigating and prosecuting them (applying the same techniques adopted for serious organised crime offences) • Use of confiscation possibilities • Investigative means: • Stops and search of illegal migrants • Acquisition of information from all illegal migrants stopped at borders • Use of supergrasses • Systematic use of wiretapping Guidelines for effective investigation and prosecution […]

15. […] • Innovative investigative means • As there are no special units, the establishment of a task-force within each competent Public Prosecutor's Offices (keeping the national task-forces in contact) • In each competent Public Prosecutor's Office, the establishment of data-bases to store all the information coming from different investigations (names, telephone numbers, connections, etc.) • International co-operation • The establishment of (also informal) contacts with counter-parts in foreign countries and joint-investigative teams • New areas of investigation/prosecution • Clubs; firms/black labour; hotels and 'legal facilitators’; public officials/Embassies - corruption; falsification of documents Guidelines for effective investigation and prosecution

16. Trafficking of Persons through Borders in Europe Phenomenon and Counter-measures Andrea Di Nicola andrea.dinicola@transcrime.unitn.it http://www.transcrime.unitn.it Seminar for the presentation of the Second Interim Report of the research project: ‘The Contribution of Data Exchange Systems to the Fight against Organised Crime in the SEE Countries: an Assessment’, Braşov (Romania), 27 February 2004