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Organised Crime 24. May 2011

Organised Crime 24. May 2011. General information. Drug trafficking is the most serious aspect of organised crime in Iceland Motorcycle gangs, human trafficking and organised groups of burglars and thieves are also aspects of organised crime dealt with

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Organised Crime 24. May 2011

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  1. Organised Crime 24. May 2011

  2. General information • Drug trafficking is the most serious aspect of organised crime in Iceland • Motorcycle gangs, human trafficking and organised groups of burglars and thieves are also aspects of organised crime dealt with • In 2007 a National Security Unit was established • Shall analyse organised crime in Iceland and issue forward-looking-assessments in the field • Has established cooperation with international bodies such as Europol and national agencies in number of countries • Iceland is a member of Europol, Interpol, PTN (Nordic Police-Customs cooperation), Baltic Sea Task Force and Frontex • Iceland has a Liaison bureau in the headquarters of Europol staffed with one Icelandic police officer

  3. Organised Crime and Icelandic legal framework • Organised crime as a criminal offence • General Penal Code (GPC), Art. 175 a • Any person who connives with another person on the commission of an act which is punishable by at least 4 years’ imprisonment, the commission of which is part of the activities of a criminal organisation, shall be imprisoned for up to 4 years unless a heavier punishment for his offence is prescribed in other provisions of this Act or in other statutes. • ‘Criminal organisation’ here refers to an association of three or more persons, the principle objective of which is, for motives of gain, directly or indirectly, deliberately to commit a criminal act that is punishable by at least 4 years’ imprisonment, or a substantial part of the activities of which involves the commission of such an act.

  4. Organised Crime and Icelandic legal framework (2) • Organised crime as a criminal offence (2) • Attempt, aiding and abetting are punishable, cf. Articles 20 and 22 of the GPC • Even preparatory actions can constitute an attempt according to Icelandic legislation • “Any person who has resolved to commit an act punishable under this Act and has clearly demonstrated this resolve by an act aimed at commission or designed as such […]” • Legal persons can be held liable, cf. Chapter II A of the GPC • Measures against money laundering are in place, cf. Art. 264 of the GPC and Act No 64/2006 on actions against money laundering and terrorist financing • Confiscation measures are in place, cf. Chapter VII A of the GPC • Reversal of the onus of proof possible as well as 3rd party confiscation

  5. Organised Crime and Icelandic legal framework (3) • Other legal Acts • Code of Criminal Procedure, No 88/2008 • Rules on investigation and prosecution • The police shall, whenever necessary, open an investigation relating to knowledge or suspicion that a punishable offence has been committed, whether a complaint has been made or not, cf. Art. 52(2) • The police does not have proactive investigation powers • However judgments of the Supreme Court have deemed even remote preparatory actions to constitute an attempt according to Icelandic GPCergo the police can start an investigation on the preparatory stage • The Minister of the Interior has declared that he is willing to increase the investigative powers of the police as regards organised crime

  6. International Instruments • International Conventions Iceland has ratified: • UN Convention Against Transnational Organised Crime and its protocol on Human Trafficking • Iceland has signed the Protocol against the Smuggling of Migrants as well as the Protocol against the Illicit Manufacturing of and Trafficking in Firearms but not ratified • The protocols are under revision in the Ministry of the Interior as regards possible legal amendments • International Conventions Iceland has signed: • Prüm-agreement • Under revision in the Ministry of the Interior as regards possible legal amendments and technical structure

  7. European Instruments • Council Framework Decision 2008/841 on the fight against organised crime • Iceland’s legislation and measures are largely compatible with the Framework Decision • Legislative amendments are needed to ensure full compatibility • The concept of a criminal organisation in Art. 175 a of the GPC needs to be amended • GPC’s rules on jurisdiction as regards offences for the benefit of a legal person established in a MS

  8. European Instruments (2) • Joint Action 97/827 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime • No legislative measures are needed for Iceland to be able to participate in the peer evaluation • Iceland would be able to participate directly upon accession

  9. Human Trafficking

  10. Human trafficking and Icelandic legal framework • Human trafficking as a criminal offence • General Penal Code (GPC), Art. 227 a, paragraph 1 • Anyone becoming guilty of the following acts, one or more, for the purpose of sexually using a person or for forced labour or to remove his/her organs shall be punished for human trafficking with up to 8 years imprisonment: • 1. Procuring, transporting, transferring, housing or accepting someone who has been subjected to unlawful force under Art. 225 or deprived of freedom as per Art. 226 or threat as per Art. 233 or unlawful deception by awakening, strengthening or utilizing his/her lack of understanding of the person concerned about circumstances or by utilizing his/her position of vulnerability • 2. Procuring, transporting, transferring, housing or accepting an individual younger than 18 years of age • 3. Rendering payment or other gain in order to acquire the approval of the exploitation by a person having control over another person.

  11. Human trafficking and Icelandic legal framework (2) • Human trafficking as a criminal offence • GPC, Art. 227 a, paragraphs 2 and 3 • The same penalty shall be applied to a person accepting payment or other gain according to clause 3, para. 1. • If a violation according to para. 1 is committed against a child it shall be considered as an increasing factor when deciding the severity of the punishment

  12. Human trafficking and Icelandic legal framework (3) • Human trafficking as a criminal offence • GPC , Art. 227 a, paragraph 4 • The same penalty shall be applied to anyone that becomes guilty of the following acts, one or more, for the purpose of facilitating human trafficking: • 1. To forge a travel or identity document; • 2. To procure or provide such a document • 3. To retain, remove, damage or destroy a travel or identity document of another person.

  13. Human trafficking and Icelandic legal framework (4) • Human trafficking as a criminal offence • Attempt, aiding and abetting are punishable, cf. Articles 20 and 22 of the GPC • Confiscation measures are in place, cf. Chapter VII A of the GPC • Investigative measures are ensured in the Code on Criminal Procedure • In order to reduce demand the purchase of sexual services was made illegal in April 2009, cf. GPCs Art. 206(1-2), and as of 1 July 2010 striptease is prohibited in Iceland. Clubs are also prohibited from making a profit from the nudity of employees. • Stripping had generally been banned in Iceland before the legislation was passed, but a few clubs were operating on a legal exemption, which is now no longer possible.

  14. Human trafficking and Icelandic legal framework (5) • Possible changes to the General Penal Code • The Minister of the Interior submitted a bill to Althingi in May 2011 suggesting amendments to Art. 227 a of the GPC • Raises the punishment for trafficking to up to 12 years imprisonment • Refers only to Art. 226(1) instead of Art. 226 in a whole • This way Art. 226(2) (severe deprivation of liberty) will be applied together with Art. 227 a in the most serious cases which is not possible today • The punishment according to Art. 226(2) is imprisonment for up to 16 years or life

  15. Human trafficking and Icelandic legal framework (6) • Other legal Acts • Act on Foreigners, No 96/2002 • According to Art. 12 h persons shall be granted a temporary residence permit for 6 months if there is a suspicion that he/she is a VOT (reflection period) • According to Art. 12 i a VOT can be given a renewable residence permit for 1 year if it is considered necessary because of the VOTs personal situation or if it is considered necessary because of its cooperation with the competent authorities in investigation or criminal proceedings • Code of Criminal Procedure, No 88/2008 • Interpretation is ensured both during investigation and court proceedings • Chapter V (Victim’s rights and legal adviser) • A victim has the right to have a legal adviser in the case of a sexual offence and if he or she so wishes, cf. Art. 41(1). • The police are also obliged to appoint a legal adviser for the victim if the offence involves violence or a violation of personal freedom, if the victim has suffered substantial physical injury or disturbance to his or her mental health due to the offence and has, in the opinion of the police, a special need for such an adviser, cf. Art. 41(2). • The police are always obliged to appoint a legal adviser for the victims under the age of 18 when the investigation begins, cf. Art. 41(1).

  16. Human trafficking and Icelandic legal framework (7) • Other legal Acts • Act on Compensation to Crime Victims, No. 69/1995 • Compensation is paid to persons victims of an action that is punishable under the GPC, given that it was committed within the Icelandic state • If both the victim and the offender have only stayed temporarily or for a short time in the country at the time of the offence compensation is not paid • compensation is paid even if the delinquent is unknown or cannot be found, a minor or not compos mentis • Act on the Municipalities’ Social Services, No 40/1991 • Art. 15(1) provides basis for the Social Services provided to VOTs, such as housing, maintenance, social activities etc. • Regulation No 1043/2010 on health services to those who do not qualify for health insurance under the Act on Health Insurance and Health Service Benefits • Secures emergency health care for VOTs

  17. Human trafficking and Icelandic legal framework (8) • Child victims • Action 10 of the Governmental Action Plan deals with child victims • Cases of child victims shall be dealt with on the grounds of the Child Protection Act, No 80/2002, in addition to the general legislation • The relevant child protections committee shall be informed without a delay • The facilities at the Children’s House should be used for the taking of statements • Guidelines have been issued for the handling of cases regarding unaccompanied minors • The Judicial Council has issued general rules on the hearing of children under the Age of 15 and as well on the hearing of children that are victims of sexual abuse

  18. Specific measures aimed at combating Human Trafficking • Action Plan on Human trafficking • Since March 2009 • The objective is to enhance the coordination of actions that are necessary in order to prevent human trafficking and to further study trafficking in human beings. • It specifies actions that are aimed at prevention and education regarding this matter and to ensure that aid and protection to victims is provided. • Emphasis is also placed on actions that aim at facilitating the prosecution of the perpetrators.

  19. Specific measures aimed at combating Human Trafficking (2) • Action Plan on Human trafficking • Since March 2009 • The Action Plan is divided into nine chapters: • 1) Ratification of international treaties and harmonisation of Icelandic legislation. • 2) Specialist and co-ordination team and the supervision of affairs concerning human trafficking. • 3) Education to professionals and public officials. • 4) Protection of victims and aid to victims. • 5) Police provisions and investigation into alleged trafficking in humans. • 6) Actions against demand in the prostitution and pornography industry. • 7) International co-operation. • 8) Proactive search and emergency phone numbers. • 9) Registration of information and intelligence gathering.

  20. Specific measures aimed at combating Human Trafficking (3) • Specialist and Coordination team on Human Trafficking • Was established in October 2009 in accordance with the Governmental Action Plan • The objective of its establishment was to ensure a comprehensive overview and knowledge of human trafficking affairs in Iceland. • The team is composed of representatives from the Ministry of the Interior, Ministry of Foreign Affairs, Ministry of Welfare, The National Commissioner of Police, The Directorate of Immigration, the Women’s Shelter NGO and Stígamót, the Counselling Centre for survivors of sexual abuse.

  21. Specific measures aimed at combating Human Trafficking (4) • Specialist and Coordination team on Human Trafficking • The Team’s role is to follow up on signs of human trafficking, to identify possible victims, to ensure protection and assistance to victims, collect information and carry out educational activities with respect to issues of human trafficking. The team also provides consultation to government authorities and supervises the implementation of the Action Plan against Human Trafficking. • Experimental project – revision 3 years after establishment • An emergency team operates within the specialist and co-ordination team. • Its role is to take the first steps to assist and protect victims of human trafficking, such as providing emergency services, a safe refuge, interpreting services and legal aid.

  22. Specific measures aimed at combating Human Trafficking (5) • General work of the Specialist and Coordination Team • Work on brochures and material for a website has begun • 4 brochures on the issue, designated for VOTs and persons likely to come into contact with VOTs • A small card setting out signs of human trafficking • Cooperation agreement with the municipality of Reykjavik on services offered to VOTs (until now such agreements have been made ad hoc) • Registration and data gathering of THB cases is under revision

  23. Specific measures aimed at combating Human Trafficking (6) • Guidelines for the Police on the identification and interviewing of possible victims of human trafficking • The guidelines are entitled: Human Trafficking - Information and Guidelines on Police Procedures. • Were issued in August 2010 on the basis of the governmental Action Plan and in cooperation with the Specialist and Coordination Team against Trafficking in Human Beings. • Both the police and border control have received training and seminars on human trafficking, for example from Frontex and OSCE

  24. Specific measures aimed at combating Human Trafficking (7) • Funding of projects in other countries • The Ministry of Foreign Affairs funded two projects designed at combating human trafficking in 2010 and the funding will continue in 2011 • These projects were run by the Icelandic Red Cross and the OSCE respectively • The Red Cross Project is in Belarus where volunteers educate young people about human trafficking in order to reduce the risk of them becoming victims • The OSCE funds were inter alia used for a THB project in Azerbaijan • Other international cooperation • Iceland is a member to CBSS-Task Force on Human Trafficking and participates in its work

  25. Practice of the Courts • Three indictments for violations of article 227 a have been heard by the Icelandic courts • In two of them the court ruled that the evidence provided by the prosecution was insufficient and therefore acquitted the defendant (which was the same person in both cases) • The first conviction for human trafficking was in a Judgement delivered by the Supreme Court on 16 June 2010 (case No 224/2010) where 5 Lithuanian men were found guilty as accomplices in a human trafficking case. • The sentence was based on a proven intent of sexual exploitation, while the actual sexual exploitation had not occurred in Iceland due to early intervention. • One was sentenced to 5 years imprisonment and the rest to 4 years imprisonment

  26. International Instruments • International Instruments Iceland has ratified: • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime • Signed by Iceland 13 December 2000 • Ratified by Iceland 22 June 2010 • International Instruments Iceland has signed: • Council of Europe Convention on Action against Trafficking in Human Beings • Signed 16 May 2005 • Is under final revision as regards possible legal amendments • Most legal amendments have been made • Expected to be ratified in late 2011 / early 2012

  27. European Instruments • Directive 2011/36 on preventing and combating trafficking in human beings and protecting its victims • Iceland’s legislation and measures are largely compatible with the Directive. • Legislative amendments are needed to ensure full compatibility • Art. 227 a of the GPC needs to be amended as regards ensuring that exploitation of criminal activities falls under its scope and that offences committed by a public official are clearly seen as an aggravating factor • The rights of victims according to the Act on compensation to crime victims needs to be strengthened • Witness protection needs to be strengthened

  28. European Instruments (2) • Directive 2004/81 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities • Act on foreigners includes residence permits to victims of Human trafficking • Provisions regarding persons who have been subject of an action to facilitate illegal immigration are optional and do not call for legal amendments. • VOTs granted residence permit are entitled to a working permit, cf. Art. 11(3) of the Foreign Nationals’ Right to Work Act. • Rights to interpretation are ensured in the Code on Criminal Procedure regarding criminal investigation and Court proceedings • In practice the Directorate of immigration provides individuals with the assistance of an interpreter even if legal provisions are not in place • That right needs to be strengthened by legislative amendment • Other legislative amendments are not needed

  29. DNA

  30. DNA • Act on the Police Genetic Data Register No. 88/2001 • Regulation on the Police Genetic Data Register no. 748/2008 • National Commissioner of the Icelandic Police in charge of a digital register (CODIS) on genetic data and handles international contact related to forensic studies • Facilitating the investigation of severe crimes, such as cases regarding murder, rape, battery, and sex-abuse of children • Processing of data shall be in conformity with Act No. 77/2000 • Under the supervision of the Data Protection Authority (DPA)

  31. DNA and the Forensics' dept • The Reykjavik Metropolitan Police Forensics Department • Handle on-site investigations, comparative studies and other similar investigations and to maintain the police fingerprint and photograph archives; • Serves all police units in the country. • Rules on the operation of the department are issued by the National Commissioner.

  32. DNA • A standards of ICPO Interpol DNA Working Party taken into account. • Iceland not a member of the ENFSI DNA Working group • but uses the same standards as the other Nordic countries, but DK, FI, SE and NO are all members • same quality requirements as the other Nordic countries, but DK, FI, SE and NO are all members. • Taking of DNA material for the purpose of storing DNA analysis results is subject to safeguards designed to protect the physical integrity of the person concerned.

  33. Cybercrime

  34. Council of Europe Convention on Cybercrime • Iceland ratified the Convention on the 29 January 2007 • Entered into force 1 May 2007 • Upon ratification Iceland made a reservation as regards Article 9 • does not apply Article 9(2)(b-c) of the Convention • It should be noted that the Icelandic courts have ruled that realistic images representing a minor fall under the scope of Art. 210 of the General Penal Code on child pornography • Amendments to Art. 210 of the GPC regarding persons appearing to be minors will be submitted to Parliament in the fall of 2011 • In all other aspects Icelandic legislation is in accordance with the provisions of the Convention

  35. Optional Protocol to the Cybercrime Convention • Iceland signed the protocol and ratification process has begun • Amendments to Art. 233 a of the General Penal Code are needed • A bill will be submitted to the Parliament in the fall of 2011 • Art. 233 a today states the following: • “Anyone who does by means of ridicule, calumniation, insult, threat or otherwise assault a person or group of persons on account of their nationality, color, race, religion or sexual inclination shall be subject to fines or imprisonment for up to 2 years.”

  36. Sexual Exploitation of Children

  37. Sexual exploitation of children and Icelandic legal framework • Sexual exploitation of children as a criminal offence • Rape is criminalised in Art. 194 of the General Penal Code (GPC) • It is considered an aggravating factor if the victim is below the age of 18, cf. Art. 195(a) • Exploiting a person’s psychiatric disorder or other mental handicap, or the fact that, for other reasons, he or she is not in a condition to be able to resist the action or to understand its significance is also considered as rape, cf. Art. 194(2) • Sexual intercourse or other sexual relations with own child or other descendant is punishable as well as other sexual harassment, cf. Art. 200(1-2) • Sexual intercourse or other sexual relations with adopted child, step-child, foster-child or the child of ones cohabiting partner is punishable as well as other sexual harassment, cf. Art. 201

  38. Sexual exploitation of children and Icelandic legal framework (2) • Sexual exploitation of children as a criminal offence (2) • Sexual intercourse or other sexual relations with a child under the age of 15 is punishable as well as other sexual harassment, cf. Art. 202(1-2) • Punishment may be reduced or waived if the offender and the victim are of similar age or level of maturity • It is prohibited to entice a child by deception, gifts or in other way, to engage in sexual intercourse or other sexual relations, cf. Art. 202(3) • The purchase of child prostitution is punishable, cf. Art. 206(2) • “Any person who pays, or promises to pay or render consideration of another type, for prostitution involving a child under the age of 18 years shall be fined or imprisoned for up to 2 years.” • Deceiving, encouraging or assisting a child under the age of 18 to engage in prostitution is punishable, cf. Art. 206(4)

  39. Sexual exploitation of children and Icelandic legal framework (3) • Sexual exploitation of children as a criminal offence (3) • Child pornography is dealt with in Art. 210 of the GPC • “If pornography appears in print, the person responsible for its publication under the Printing Act shall be subjected to a fine or to up to 6 months’ imprisonment. • The same punishment shall apply to producing, or importing pornographic publications, pornographic films or other such items in order to disseminate, sell, distribute or publicize them in other ways, or to have them on view to the public, and also to organize a public lecture or performance that is immoral in the same manner. Where such material shows children in a sexually explicit or pornographic manner, however, the punishment may be up to 2 years’ imprisonment. • Furthermore, the same punishment shall apply to handing over pornographic publications, pornographic films or other such items to young persons under the age of 18 years. • Any person who imports or has in his possession photographs, films or comparable items that show children in a sexual or pornographic manner shall be fined or imprisoned for up to 2 years in the case of a gross violation. The same punishment shall apply to the importing or possession of photographs, films or comparable items that show children in sexual acts involving animals or using objects in a pornographic manner.”

  40. Sexual exploitation of children and Icelandic legal framework (4) • Sexual exploitation of children as a criminal offence (4) • Art. 227 a on Human Trafficking can also be relevant in cases of sexual exploitation of children • According to Art 227 a(1)(2) it is punishable to procure, transport, transfer, house or accept an individual younger than 18 years of age for the purpose of sexually using him/her or for forced labour or to remove his/her organs • The method used is not of a relevance

  41. Sexual Exploitation and Icelandic legal framework (4) • Other legal Acts • Child protection Act, No 80/2002 • Children under the age of 18 may not participate in nude shows or other shows of sexual nature, cf. Art. 93(3) • The organisers of such shows are responsible for ensuring that the age limit is observed • violation of the provision is subject to fines or imprisonment for up to 2 years, cf. Art. 97(4) • Act on Electronic Commerce and other Electronic Services, No 30/2002 • According to Art. 14(3. tölul) a service provider who hosts information provided by the recipient of the service is not liable for the information provided given that he promptly removes it or disables access to it on receiving knowledge of information containing child pornography

  42. General measures to combat sexual exploitation of children • The parliament approved a four-year action plan (2007-2011) to improve the situation of children and young persons and their families in Iceland • One chapter deals with measures to protect children and young persons against sexual offences • The Children’s House (Barnahús) • An interdisciplinary centre for handling sexual offences against children • Treatment program for young sexual offenders • aimed at diminishing the likelihood of further inappropriate sexual behaviour, to increase pro-social behaviour and to diminish the need for an out-of-home placement, provided that is appropriate regarding the safety of other children. • Cooperation with Save the Children, Iceland • The red button

  43. International Instruments • International Conventions Iceland has ratified: • Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography • International Conventions Iceland has signed: • Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse • Legal amendments are needed for its ratification • A draft bill is expected to be submitted to the Parliament in the fall of 2011 (next parliamentary session) • If the bill is passed in the next parliamentary session the Convention can hopefully be ratified in 2012

  44. European Instruments • Council Decision 2000/375 to combat child pornography on the Internet • Iceland already cooperates internationally in this field through Interpol and Europol • The National Commissioner of Police is the contact point in such cases • Icelandic people have been arrested in Europol operations • Operation Icebreaker 2005 – 1 person arrested • Operation rescue 2011 – 1 person arrested • No legislative amendments are needed for Iceland to be able to implement the measures stipulated in the Decision

  45. European Instruments (2) • Council Framework Decision 2004/68 on combating the sexual exploitation of children and child pornography • Icelandic legislation is largely compliant with the Framework Decision • Legal amendments are needed to ensure full compatibility • Punishment needs to be raised for certain offences • Jurisdiction as regards offences committed for the benefit of a legal person established in a MS • Aggravating factors as regards child prostitution

  46. Information systems

  47. Icelandic legal framework • Provisions of the General Penal Code, No 19/1940 • It is subject to fines or imprisonment for up to 1 year to, in an unlawful manner procure access to data or programs of others which are stored in a computerized form, cf. Art. 228(1) • is subject to imprisonment for up to 6 years to alter, add to or destroy computer hardware or data or programs stored in a computerized form or in another manner make arrangements apt to influence the findings of computer processing, given that it is done in an illegal manner, cf. Art. 249 a

  48. Council Framework Decision 2005/222 on attacks against information systems • The international department of the National Commissioner of Police serves as 24/7 contact point regarding several issues • Penal provisions are in place • Thus no legal amendments are necessary for Iceland to be able to implement the Framework Decision

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