Putting Rantsev into Practice

Transcription

1 Putting Rantsev into Practice A conference on strengthening multidisciplinary operational cooperation to fight trafficking in human beings Organised by Poland, Cyprus and the Netherlands April 2013, Amsterdam, The Netherlands Republic of Cyprus Ministry of Interior

2 The Hague, 23 January 2013 Dear Sir/Madam, Poland, Cyprus and the Netherlands have the honour of inviting you to Putting Rantsev into Practice, a two-day working conference aimed at developing and strengthening (cross-border) multidisciplinary operational cooperation against trafficking in human beings. The conference will take place on April 2013 in Amsterdam, the Netherlands. The conference is hosted by the Ministry of Security and Justice of the Netherlands, in close cooperation with the Polish and Cypriot Ministries of the Interior and the City of Amsterdam. It has been made possible through financial support of the Prevention of and Fight against Crime Programme of the European Commission. Background On 7 January 2010, the European Court of Human Rights published its judgment in the case Rantsev v. Cyprus and Russia 1. With this judgment, the Court brought trafficking in human beings (THB) within the scope of article 4 of the European Convention on Human Rights, which prohibits slavery, servitude and forced labour. The judgment was groundbreaking, because the Court formulated a number of positive obligations on state parties relating to actions against THB that go beyond investigation and prosecution to include prevention of trafficking and protection of victims. In other words, state parties need to put in place a comprehensive approach to fight THB. States also have an obligation to cooperate effectively with the relevant authorities in other states in THB investigations, in order to ensure a comprehensive international approach in countries of origin, transit and destination. In order for a comprehensive approach to fight THB to be effective, multidisciplinary cooperation is essential. Different organisations can come into contact with different elements or stages of the trafficking process. In order to solve the trafficking puzzle, these organisations need to combine their information so that a complete picture arises. They can then take joint or complementary measures to investigate THB cases and prosecute traffickers on the one hand and to protect the victims and prevent more cases from occurring on the other hand. This conference will focus on cooperation between a selection of the relevant partners in the fight against THB. The conference aims to bring together experts from the following six organisations: public prosecution services, police, border agencies, immigration services, labour inspectorates / criminal investigation services in this field and local governments. We would like to welcome one expert from each of these organisations in the member states to the conference, preferably someone who works on cases of trafficking in human beings on a daily basis. The costs of the flight and accommodation of these six representatives will be covered. Additionally, we would like to invite an expert of the responsible ministry or national coordinating body. Croatia, the (potential) candidate countries, Norway and Switzerland will be able to send two representatives each. Europol, Eurojust, Frontex, CEPOL, EASO, the Commission and the Council Secretariat will also be invited. 1 European Court of Human Rights, 7 January 2010, No /04.

3 Programme We would like to express our gratitude to the European Commission, the EU agencies and the many member states who have sent us their suggestions for subjects to be discussed during this conference in reply to the call for input. Based on the ideas received, we have tried to put together a programme that is relevant to all member states. Since this is a working conference, the emphasis will be on the workshops. These will enable active participation in the discussion of existing or theoretical cases and the exchange of experience and ideas. On the first day, there will be a round of monodisciplinary workshops and a round of workshops in which participants will be given the opportunity to discuss a case with their own national delegation. On the second day, there will be two rounds of (cross-border) multidisciplinary workshops. Because of the responsibilities of the six organisations invited, the main focus of the conference will be on multidisciplinary operational cooperation and therefore on investigation and prosecution, but there are also workshops on multidisciplinary prevention and protection. Based on the presentations and discussions during the conference, a handbook of best practices will be compiled. Practicalities The conference will take place in Hotel Krasnapolsky, Dam 9, Amsterdam, the Netherlands. You are kindly requested to fill out the online registration form no later than 11 March. Enclosed you will find the following: background information, practical information and a draft programme. We look forward to welcoming your delegation to Amsterdam. Also on behalf of Poland and Cyprus, Yours sincerely, Arie IJzerman deputy Director-General for Administration of Justice and Law Enforcement Ministry of Security and Justice

4 Background information European Court of Human Rights, 7 January 2010, Rantsev v. Cyprus and Russia a summary In early March 2001, Ms Oxana Rantseva, a Russian national, arrived in Cyprus on an artiste visa. At the end of the same month, Ms Rantseva was found dead on the street below an apartment, under strange and unexplained circumstances. Shortly after her arrival, she had left her work and left a note in which she said she wanted to go back to Russia. The manager of the cabaret found her a few days later and brought her to a police station around 4 a.m., where he asked the police officers on duty to detain her as an illegal immigrant. The police officers then contacted the duty passport officer and asked him to look into whether Ms Rantseva was illegal. After investigating, he advised them that her name was not in the database of wanted persons. The passport officer contacted the person in charge of the AIS (Police Aliens and Immigration Service), who gave instructions that Ms Rantseva was not to be detained since she was not illegally residing in Cyprus and that her employer, who was responsible for her, was to pick her up and take her to their Limassol Office for further investigation at 7 a.m. that day. The manager took her to a private property. At about 6.30 a.m. her body was found after falling from a window of the apartment. The father of Ms Rantseva took both Cyprus and Russia to the European Court of Human Rights. The Court decided that the Cypriot authorities had failed to conduct an effective homicide investigation, to establish a suitable framework to combat trafficking in human beings or to take operational measures to protect victims. The Russian authorities had failed to conduct an effective investigation into the recruitment of a young woman on its territory by traffickers. The Court found that trafficking in human beings falls within the scope of article 4 of the European Convention on Human Rights, which prohibits slavery, servitude and forced labour. In the Court s view, in this case Article 4 led not only to the specific positive obligation on States to make human trafficking a criminal offence but also the requirement to put in place adequate measures regulating businesses often used as a cover for human trafficking (consideration 284). National legislation must be adequate to ensure the practical and effective protection of the rights of potential victims of human trafficking. This also implies that countries must guard against their immigration rules being used to encourage, facilitate or tolerate human trafficking (consideration 284). The Court noted that the UN Palermo Protocol and the Council of Europe s Convention referred to the need for a comprehensive approach to combat human trafficking, which, in addition to measures to punish human traffickers, includes measures to prevent trafficking and to protect victims. The extent of the positive obligations arising from Article 4 ECHR has to be seen in this wider context (consideration 285). States are, for example, required to provide relevant training for law enforcement and immigration officials (consideration 287). Article 4 also contains a procedural obligation to investigate situations of potential human trafficking. This duty exists regardless of whether there is a complaint from a victim or next of kin (consideration 288). Given the international nature of human trafficking, states have an obligation to cooperate effectively with the relevant authorities in other states in investigations into human trafficking (consideration 289). States are also obliged to take operational measures to protect victims or potential victims against human trafficking. The Court found that such an obligation arises from Article 4 ECHR when the authorities are aware or ought to be aware of circumstances giving rise to a credible suspicion that a person is exposed to a real and immediate risk of being trafficked (consideration 286). Multidisciplinary cooperation As described above, the European Court of Human Rights has stated that Member States have to adopt a comprehensive approach to trafficking. Experience shows that the problem of THB is too extensive for law enforcement organisations to handle on their own. Also, when detectives and public prosecutors have to get involved, the exploitation has often already taken place. Other governmental organisations, such as border guards or local governments, need to step up and take responsibility for tackling the aspects of THB they come into contact with. This can result in different kinds of interventions than those applied by law enforcement agencies. It might help prevent the problem or tackle it at an earlier stage. In order to discuss the possibilities of multidisciplinary cooperation, six different professions will be invited to this conference, to talk about their respective roles in preventing and fighting THB and possible ways to cooperate. THB cases often involve several member states (MS), meaning that THB is a European problem. When one type of THB is tackled successfully in one MS, the problem often simply moves to another country. Cooperation within the EU is therefore essential to tackle THB successfully. Just as THB cannot be left to law enforcement alone to deal with at the national level, European cooperation would also be more effective if it was multidisciplinary. This conference will hopefully provide a platform to exchange knowledge, experience, best practices and innovative methods regarding such a comprehensive approach to THB. Barrier model The barrier model is a tool which has been used in the Netherlands for several years and which has been quite helpful in establishing a comprehensive approach. The barrier model looks at trafficking as a business model, with different barriers that need to be overcome for a trafficker to start making a profit. These barriers include: entry, identity, housing, work and financial situation. The barrier model

5 helps to identify the government service that is best placed to raise a certain barrier in order to prevent or suppress criminal activity. It also signals moments at which public officials might be able to identify signs of trafficking. So, for example, the government agency responsible for housing inspections (in the Netherlands local governments have this task) could detect THB through their inspectors. When they notice many more people living at a certain address than should be living there (i.e. overcrowding), they should recognize this as a possible sign of THB. Increasing housing inspections makes it more difficult for traffickers to do business: it raises the barrier. In order to make cross-border partnerships against THB more effective, they should also follow a comprehensive approach. The barrier model could be used to find the organisations that can raise the barriers to THB in other countries or in transnational criminal investigations. Moreover, other Member States may have developed different methods to create multidisciplinary cooperation and the conference aims to discuss and collect those too. Therefore, the conference will provide an opportunity to explore both multidisciplinary cooperation and different methods to establish such multidisciplinary cooperation. EMPACT-project on THB The EU EMPACT-project on THB was set up to strengthen operational cooperation against THB within the EU. EMPACT stands for European Multidisciplinary Platform against Crime Threats. Its goals include: strengthening the information process on THB, increasing the number of joint investigations and prosecutions, including financial investigations, strengthening innovative and multidisciplinary intervention strategies (such as an international barrier model and asset recovery), improving an early detection mechanism, implementing prevention programs, cooperating with third countries, like Nigeria en China and fighting against trafficking of children. Participants in the EMPACT-project on THB are: 19 EU Member States (mainly represented by their police forces), Europol, Eurojust, Frontex, Cepol, the European Commission, EEAS, and Interpol. First steps to make EMPACT multidisciplinary have been taken. The experiences exchanged and ideas developed during the conference could be used to make the EMPACT-project more multidisciplinary. If suggestions for multidisciplinary operational activities are put forward during the conference, they could be developed under the umbrella of the EMPACT-project.

6 Practical information Registration Registration for this conference will take place through a web form which can be found on: Registration is possible until 11 March. Meals Breakfast is included in the room reservation / room rate. On 16 April, a reception will be held for participants at Hotel Krasnapolsky from 19:00 21:30. During this reception, drinks and small bites will be served. On 17 April, a dinner for participants will be held in the Sint Olofskapel. Participants will be offered a boat tour, which will take them from Hotel Krasnapolsky to the Sint Olofskapel. For those who do not wish to go on the boat tour: the Sint Olofskapel is within walking distance of the hotel (less than 10 minutes). On 17 and 18 April, lunch will be provided to participants at Hotel Krasnapolsky. Location / Venue Hotel Krasnapolsky Dam JS Amsterdam phone no Hotel Krasnapolsky is located on Dam Square, which is within walking distance from Amsterdam Central Station (less than 10 minutes) or just one tram stop. In order to get there, you can take a train from the Airport to Amsterdam Central Station. There are six direct trains from Schiphol Airport to Amsterdam Central Station per hour. You can check the time table at The journey takes 19 minutes. Conference schedule The registration desk for the conference will be open on 16 April from 18:00 20:00 and on 17 April from 08:30 12:00. A reception with drinks and small bites will be held on 16 April from 19:00 21:30. The conference will start at 9:30 on 17 April and end at 16:00 on 18 April. Language The working language of the conference is English. Translation will not be available. Participants are kindly requested to indicate in the web form whether they intend to attend the reception, dinner and lunches and whether they would like to take the boat tour. Dietary requirements Please include any dietary requirements you may have in the web form. Travel and accommodation for participants Accommodation has been reserved in Hotel Krasnapolsky in Amsterdam. A) Participants from EU Member States and agencies 1) We are able to provide travel arrangements for one expert per member state from each of the following six organisations: public prosecution services, police, border agencies, immigration services, labour inspectorates / criminal investigation services in this field and local governments. We would prefer someone who works on cases of trafficking in human beings on a daily basis. Our contracting travel agent will contact the experts who have registered to make the travel arrangements. We are able to carry the costs for flights and two nights (including breakfast) in Hotel Krasnapolsky (in a single room). We will not be able to reimburse

7 the costs of travel arrangements which were made directly by the participants. We cannot guarantee payment of travel and accommodation arrangements for registrations received after 11 March. 2) We would also like to welcome a representative from each member state of the ministry or coordinating body responsible for the fight against THB. Due to budgetary limitations, we will not be able to cover the costs for travel and accommodation for this 7th representative. We have pre-reserved rooms at Hotel Krasnapolsky for this representative at the same room rate. Participants can reserve a pre-reserved room through the registration form. 3) Rooms have also been pre-reserved for the representatives of the EU agencies, the Commission and the Council Secretariat. Participants can reserve a pre-reserved room through the registration form. Room rate The room rate is 165,- per room per night including breakfast, plus 5,5% city tax. Cancellation policy Guests who have reserved a room may cancel it without any charges up to two days before the day of arrival. In case the reservation is cancelled later, the hotel has the right to charge the guest for the total cost of the first night as compensation (taxes included). B) Participants from acceding countries, (potential) candidate countries, Norway and Switzerland Croatia, Iceland, Montenegro, Serbia, the former Yugoslav Republic of Macedonia, Turkey, Albania, Bosnia and Herzegovina, Kosovo 2, Norway and Switzerland are invited to send two representatives to the conference. They should be THB experts from two of the seven following organisations: public prosecution service, police, labour inspectorate or criminal investigation service, border guard, immigration service, a local government and the ministry or coordinating body responsible for the fight against THB. We will be able to provide travel arrangements and accommodation for both these representatives. Our contracting travel agent will contact the experts who have registered to make the travel arrangements. We are able to carry the costs for flights and two nights (including breakfast) in Hotel Krasnapolsky (in a single room). We will not be able to reimburse the costs of travel arrangements which were made directly by the participants. We cannot guarantee payment of travel and accommodation arrangements for registrations received after 11 March. Who could you approach to represent a local government? We realise that involving local governments in the fight against THB may be new for many Member States. It may therefore not be easy to decide whom to invite to represent a local government. One suggestion would be to invite someone from the capital city, as the capital will often have the largest administration and is therefore most likely to have resources dedicated to the fight against organised crime and/ or THB. If no local government officials are directly involved in the fight against organised crime and/or THB, please consider sending a local government official who deals with issues concerning: public order and safety (for example in relation to permits for restaurants, hotels or other businesses); shelter or health care for victims of THB; registration of citizens in the municipal (personal records) database; housing policy and social support; the zoning plan of the city (i.e. what areas are reserved for housing, industrial estates or parks, where to allow restaurants, hotels, factories or other businesses, and so on). In order to illustrate ways in which local governments might be involved in the fight against THB, here are some examples from the Netherlands. In the Netherlands, local governments play an essential role in the fight against THB. Five big cities (Amsterdam, Rotterdam, The Hague, Utrecht and Alkmaar) are represented in our national Task Force against THB. Local governments are the level of government that is closest to citizens and are therefore well-placed to identify or prevent problems. Local governments are for example responsible for issuing permits for businesses or business activities such as hotels, restaurants, bars, gambling venues, martial arts matches, brothels and building projects. If the businesses are (suspected to be) involved in criminal activities such as THB, these permits can be refused. Local governments also provide shelter to victims of THB, supervise the prostitution sector, help women who want to leave prostitution to do so, set up programmes to raise awareness of THB in schools, inspect housing for problems such as overcrowding (which could be a sign of trafficking) and so on. Local governments can often provide a lot of relevant information to law enforcement agencies investigating THB. If you have any questions regarding our request to send a representative of a local government, please contact Ms Sanne van Baaren-Kruidenier or Ms Evelien Pennings through THBconference2013@minvenj.nl. 2 This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.

8 Other The final programme, list of participants and other documents will be distributed in early April. Contact Should you have any further questions regarding the logistics of the conference (such as your flight or hotel room), please contact Ms Femke Kooij at phone Should you have any questions regarding the content of the conference, please contact Ms Sanne van Baaren-Kruidenier or Ms Evelien Pennings through THBconference2013@minvenj.nl, or by phone: or Ministry of Social Affairs and Employment Republic of Cyprus Ministry of Interior Ministry of Security and Justice Inspectorate Ministry of Social Affairs and Employment Ministry of Foreign Affairs National Rapporteur on Trafficking in Human Beings Immigration and Naturalisation Service Ministry of Security and Justice Royal Netherlands Marechaussee Ministry of Defence January 2013 j With the financial support of the Prevention of and Fight against Crime Programme European Commission - Directorate-General Home Affairs