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Trafficking of Persons through Borders in Europe Phenomenon and Counter-measures Andrea Di Nicola andrea.dinicola@transcrime.unitn.it http://www.transcrime.unitn.it

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slide1

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

slide2

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

slide3

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

slide4

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

slide5

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)

slide6

Phases of trafficking:

  • Recruitment
  • Transfer
  • Entrance
  • Exploitation

Definitions, causes, general introduction

slide7

The trafficking routes

  • towards Europe:
  • Baltic route
  • Northern route
  • Central European route
  • Balkan route
  • East Mediterranean route
  • North African route

Definitions, causes, general introduction

slide8

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

slide9

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

slide12

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

slide13

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

slide14

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

[…]

slide15

[…]

  • 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

slide16

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