Dominic Monchamp Sergent détective

Transcription

1 Dominic Monchamp Sergent détective

2 The term trafficking in persons can be misleading: it places emphasis on the transaction aspects of a crime that is more accurately described as enslavement. Exploitation of people, day after day. For years on end. After much neglect and indifference, the world is waking up to the reality of a modern form of slavery. The public and the media are becoming aware that humans prey upon humans for money. Parliaments are passing appropriately severe laws. The judiciary is facing its anti-slavery responsibility, with more prosecutions and convictions. Civil society and (to a lesser extent) the private sector are mobilizing good-will and resources to assist victims. Antonio Maria Costa Executive Director United Nations Office on Drugs and Crime D.Monchamp, D/S (2010) 2

3 Background In 2000, Canada signed the United Nations Palermo Protocol to prevent, suppress and punish trafficking in persons, especially women and children. The Protocol was ratified in In November 2005, the Parliament of Canada amended the Criminal Code by introducing a series of provisions aimed at protecting vulnerable persons. The offence of human trafficking is set forth in subsection (1) of the Criminal Code. D.Monchamp, D/S (2010) 3

4 Situation Worldwide Second only to drug trafficking, the trafficking of persons is the most lucrative criminal enterprise in the world. It is the fastest-growing industry. (United Nations Office on Drugs and Crime, 2007 ) The United Nations estimates that some 2.5 million people throughout the world are at any given time victims of human trafficking. (United Nations Office on Drugs and Crime, 2007) The total market value of illicit human trafficking is estimated at $32 billion. (United Nations Office on Drugs and Crime, 2007) Sexual exploitation is by far the most commonly-identified form of human trafficking (79%). The vast majority of victims are women. (United Nations Office on Drugs and Crime, 2009) Domestic trafficking, or the exploitation of citizens in their home country, is the main form of human trafficking. (United Nations Office on Drugs and Crime, 2009) D.Monchamp, D/S (2010) 4

5 Situation in Canada In its 2008 Report, the U.S. Department of State indicated the following: Canada is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation. Canada is a sex tourism destination, particularly for sex tourists from the United States. Canadian girls and women are trafficked internally for commercial sexual exploitation. Canada complies with only minimum standards for the elimination of trafficking of persons. It is recommended that Canada increase the use of proactive police techniques such as brothel raids and provide greater protection and services for foreign trafficking victims. D.Monchamp, D/S (2010) 5

6 Situation in Canada In its 2009 Report, the U.S. Department of State indicated the following: Canada is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation. Canada fully meets international standards in legislation, but when it comes to implementation of a vigorous effort against trafficking, Canada demonstrates at best modest progress in prosecuting and punishing trafficking offenders. It is recommended that Canada intensify efforts to investigate and prosecute trafficking offenses and convict and sentence trafficking offenders, increase the use of proactive law enforcement techniques to investigate trafficking cases, improve coordination among national and provincial governments on law enforcement and victim services, and improve data collection. D.Monchamp, D/S (2010) 6

7 Legal Definition Subsection (1) Trafficking in persons Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years in any other case. (2) Consent - No consent to the activity that forms the subject matter of a charge under subsection (1) is valid. Criminal Code, 2009 D.Monchamp, D/S (2010) 7

8 Definition (continued) Section Material benefit Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection (1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years. Section Withholding or destroying documents Every person who, for the purpose of committing or facilitating an offence under subsection (1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic. Criminal Code, 2009 D.Monchamp, D/S (2010) 8

9 Definition (continued) Section Exploitation For the purposes of sections to , a person exploits another person if they (a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or (b) cause them, by means of deception or the use or threat of force or any other form of coercion, to have an organ or tissue removed. Criminal Code, 2009 D.Monchamp, D/S (2010) 9

10 Key Elements Criminal offence included in the same category as kidnapping and hostage taking - when combined with aggravated assault or aggravated sexual assault: life - in any other case: 14 years Dealt with in court like cases of procuring and sexual assault D.Monchamp, D/S (2010) 10

11 Sex Trade in Montreal Key players Bikers Organized crime Street gangs Operations Recruiting Distribution of money D.Monchamp, D/S (2010) 11

12 Approach We can draw a parallel between sexual exploitation and drugs. Consequences on victims Profits Organizations involved Investigations techniques Review and authorization by Crown prosecutor D.Monchamp, D/S (2010) 12

13 Exploiter Portrait du proxénète Escort agency Project Otage Bawdy house and massage parlour Chloé case Street pimp Clients Internet Strip club Snoop case Project Satellite D.Monchamp, D/S (2010) 13

14 Projet «ONYX»

15 Portrait du proxénète Exploiter

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22 Examples of common situations False reports of conjugal violence Investigations by patrol officers of subjects transporting young women between Montreal and New Bruinswick Subject always in strip clubs with different girls Masseuses with obvious injuries Victims forced to work in strip clubs, escort agencies, massage parlours and on the street D.Monchamp, D/S (2010) 22

23 Exploiter Strategies Targets young emotionally-deprived women Takes advantage of victim s emotional deprivation through manipulation and/or violence Takes over all aspects of victim s life and becomes violent Has total domination over victim Wins over victim with charm, maturity, money and possessions Becomes possessive and destroys victim s bonds with friends and family Reprograms victims to make them want what he/she wants D.Monchamp, D/S (2010) 23

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25 Breaking away is not easy Psychological shock (post-traumatic) Legal process Protective custody Fear of reprisals Threats in immediate environment Intense feeling of loneliness Drug use Disorganization Lack of resources Loss of social bonds D.Monchamp, D/S (2010) 25

26 Separating fact from fiction MYTH Prostitution is a choice. Prostitution is the world s oldest profession. Prostitutes are nymphomaniacs who enjoy what they do. Prostitution is a transaction between consenting adults. Prostitution is not a crime, so there are no victims. REALITY A total of 89% of prostitutes would leave the life behind if they had other options for survival. A profession for whom exactly? Most human trafficking victims suffer from post-traumatic stress disorder or Stockholm syndrome. Several victims have to use dissociation to sell their bodies. Several victims who never saw themselves as victims realized they were indeed victims once they escaped the world of prostitution. Ref.: Farley, M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez, D., Sezgin, U. Journal of Trauma Practice 2 (3/4): 33-74, Also appears in: Farley, Melissa. (ed) Prostitution, Trafficking, and Traumatic Stress. Binghamton: Haworth Press D.Monchamp, D/S (2010) 26

27 Helping victims All victims are unique and their experience in the human trafficking industry will vary based on a series of factors: Family history Socio-economic status Mental health Cultural or social Other prior form of victimization Be prepared. Find out as much as possible about a victim s background before intervening. D.Monchamp, D/S (2010) 27

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29 Helping victims (continued) Focus on safety Never judge Address their insecurities, their needs Be honest Use available resources as soon as possible, i.e. assistance centres for victims of crime (CAVAC), etc. Be empathetic and sensitive without getting personally involved Accept refusal to cooperate without changing your approach D.Monchamp, D/S (2010) 29

30 Helping victims Obstacles Develop a relationship of trust and stay in touch with victims and their loved ones Break the code of silence (vicious Prince Charming circle) Victims see their pimp as their boyfriend, someone who cares Victims do not see themselves as victims, they are afraid of being judged and criticized Make sure victims show up in court, whether it be eight months, one or even two years later D.Monchamp, D/S (2010) 30

31 Interviewing victims Wherever possible, get sworn videotaped statements (KGB). The integrity and admissibility in court of statements are directly dependent on the intervention by police (including patrol officers). It is therefore crucial that witnesses not be contaminated in any manner (e.g. multiple versions). Investigators must decide when the time is right to take a statement, usually as soon as the victim starts to open up. D.Monchamp, D/S (2010) 31

32 Investigation Complaint by victim with statement Information from sources Investigations stemming from other issues (predatory pimp) D.Monchamp, D/S(2010) 32

33 Investigation techniques Traditional corroboration via witnesses, warrants and court orders Physical surveillance Undercover agent Electronic surveillance (regular or with consent) Shifting the burden of proof (subsection 212(4), Criminal Code) * In all cases, techniques used must be evaluated based on organizational constraints, likelihood of successful outcome and urgency of the situation.* D.Monchmp, D/S (2010) 33

34 Problems Crime requires victim to testify in court Victim s credibility is often questioned Suspects often have ties to street gangs and are deeply involved in criminal activities Harsh sentences the accused force proceedings to run their course D.Monchmp, D/S (2010) 34

35 «Marie»

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37 Investigation (continued) When a human-trafficking victim reports abuse to police, complete an event report (F520-1) and include a summarized narrative of facts who, where, when, how, why. Never take a statement from the victim. D.Monchamp, D/S (2010) 37

38 Investigation (continued) In the case of a flagrant human trafficking offence, neighbourhood police station (NPS) supervisors shall contact the West SEMCJ Section VICE unit at or outside the regular work schedule. Supervisors or investigators will assess the need for immediate intervention. D.Monchamp, D/S (2010) 38

39 West SEMCJ Section, Vice Unit Antonio Iannantuoni Commander OIC West SEMCJ Section ( ) Dominic Monchamp, D/S (00260) cell.: Supervisor, West SEMCJ Section, VICE Unit Daniel Loiseau 3245 NPS ( ) Patrick Denis NPS ( ) François Girard NPS 7-13 ( ) Yanik Boisvert 2128 NPS ( ) Elyse Almeida-Pelletier NPS 3 ( ) WORK SCHEDULE Tuesday and and Wednesday days Thursday and and Friday evenings One Saturday per per month Outside working hours, the the section is is available 24/7 via via Call Call Processing Div.ision (02660) D.Monchamp, D/S (2010) 39

40 Each time a man stands up for an ideal, or acts to improve the lot of others or strikes out against injustice, he sends forth a tiny ripple of hope. Robert Fitzgerald Kennedy D.Monchamp, D/S (2010) 40

41 Questions or Comments Dominic Monchamp, Detective Sergeant Investigations Supervisor VICE West division Morality/Alcohol City of Montreal Police Service Office: (514) Cell: (514) D.Monchamp, D/S (2010) 41

42 References 1. Farley, M., Cotton, A., Lynne, J., Zumbeck, S., Spiwak, F., Reyes, M.E., Alvarez, D., Sezgin, U. Journal of Trauma Practice 2 (3/4): 33-74, Also appears in: Farley, Melissa. (ed) Prostitution, Trafficking, and Traumatic Stress. Binghamton: Haworth Press United Nations Office on Drugs and Crime, 2007 Report ( Report, U.S. Department s of State, p United Nations Global Report on, Criminal Code of Canada, 2010, p Department of Justice Canada D.Monchamp, D/S (2010) 42