The Law on Wild Life Trafficking (1)

Similar documents
Questions and answers on the EU Action Plan against Wildlife Trafficking

AN INTERNET TOOL TO ASSIST THE EU IN THE FIGHT AGAINST WILDLIFE TRADE CRIME

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

OPINION OF ADVOCATE GENERAL. KOKOTT delivered on 14 September

RULEMAKING HEARING RULES OF TENNESSEE WILDLIFE RESOURCES AGENCY CHAPTER RULES AND REGULATION FOR BIRDS

Ludo de Jager - Milieuhandhavingscollege

MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS DIVISION OF WILDLIFE AND FISHERIES POST OFFICE BOX 451 JACKSON, MISSISSIPPI 39205

L 242/16 Official Journal of the European Union ANNEX I

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

National legislation and prevention of illegal trade of wildlife, including Ivory in Sri Lanka

Reference Guide. European Community Wildlife Trade Regulations

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.

To Catch a Wildlife Thief Case Study: United States v. Bengis

A. General information. B. Legislative and regulatory measures

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT. on the EU Approach against Wildlife Trafficking

EUROJUST AND ENVIRONMENTAL CRIMES ENPE CONFERENCE

(29 April 2014 to date) NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004

Role of the Judge / Prosecutor and Administrative versus Criminal Procedures

The EU approach to the protection of the European eel. DAGMAR Zíková CITES Scientific Officer European Commission

TEXTS ADOPTED Provisional edition

MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES, AND PARKS WILDLIFE BUREAU 1505 EASTOVER DRIVE JACKSON, MISSISSIPPI

CONVENTION SUR LE COMMERCE INTERNATIONAL DES ESPECES DE FAUNE ET DE FLORE SAUVAGES MENACEES D'EXTINCTION

Organised environmental crime in the EU Member States

LAW ON THE REGULATION OF FOREIGN TRADE IN ENDANGERED ANIMAL AND PLANT SPECIES AND DERIVATIVES THEREOF

EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT

NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW, 1990 (PNDCL 236) The purpose of this Law is to bring under one enactment offences relating

3.1 The specific sections in the Act, which regulate the production of SALW, are as follows:

Priority note prosecution policy environmental law in the Flemish Region 2012

Rural and Wildlife Strategy

Part 4 Key figures obtained from human trafficking and smuggling actors

Ad-Hoc Query on the Return Directive (2008/115/EC) Article 2, paragraph 2 a) and 2 b) Requested by SK EMN NCP on 15 May 2013

SEG: Trafficking session

BELIZE FISHERIES ACT CHAPTER 210 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Changes to international trade controls for African grey parrots

Decision-making in CITES

CITES and the Illegal Trade in Wildlife

Application for a Pre-CITES Certificate or a Certificate of Origin under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999

COUNTRY REPORT: ITALY. New Italian Law on Environmental Criminal Offences. Carmine Petteruti *

COUNCIL OF THE EUROPEAN UNION. Brussels, 7 January /08 COPEN 1 EUROJUST 1 EJN 1

United States Fish and Wildlife Service Office of Law Enforcement

Anti-human trafficking manual for criminal justice practitioners. Module 13

Original language: English SC70 Doc CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

EU Action Plan against wildlife trafficking

Summary of National Green Customs Initiative Workshop in Korea

CAC/COSP/IRG/2011/CRP.4

ANTARCTIC TREATIES ACT NO. 60 OF 1996

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

A large amount of cocaine seized at the Port of Koper - information from the joint press conference of the Monday, 09 June :00

PROTECTED SPECIES ACT 2003 BERMUDA 2003 : 15 PROTECTED SPECIES ACT 2003

RESOLUTION CONF (REV. COP14) DISPOSAL OF ILLEGALLY TRADED, CONFISCATED AND ACCUMULATED SPECIMENS

CITES NATIONAL IVORY ACTION PLAN PROGRESS REPORT

XVIiI. Law of 21 July 2010 repealing and replacing Law of 26 July 2005 on counter-terrorism

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

GLOBAL WILDLIFE ENFORCEMENT. Strengthening Law Enforcement Cooperation Against Wildlife Crime

THE WILDLIFE AND NATIONAL PARKS ACT Regulations made by the Minister under section 30 of the Wildlife and National Parks Act 1993

L 76/16 EN Official Journal of the European Union (Acts adopted pursuant to Title VI of the Treaty on European Union)

Controlled Wildlife Products and Trade Act 9 of 2008 (GG 4190) brought into force on 15 February 2012 by GN 31/2012 (GG 4883) ACT

The Jersey Law Review - February 2003 INTERNATIONAL CONVENTIONS AND AGREEMENTS EUROPEAN DIRECTIVES[1]

PLANT VARIETY ACT B.E (1975) 1. BHUMIBOL ADULYADEJ, REX; Given on the 9 th Day of April B.E. 2518; Being the 30 th Year of the Present Reign

Introduction to the Environmental Crime Directive 2008/99/EC

Minutes. 6 th MEETING OF THE GROUP OF EXPERTS OF THE COMPETENT CITES MANAGEMENT AUTHORITIES. Brussels, 7 February 2017

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Federal law No. (4) of On Combating fraudulence and Cheating in Trading Dealings

Original language: English CoP18 Doc. 61 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

REPORT. EN United in diversity EN. European Parliament A8-0303/ on EU action plan against wildlife trafficking (2016/2076(INI))

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT. Annex to the REPORT FROM THE COMMISSION

Proposal for a COUNCIL DECISION

The Reality of Japan's Implementation and Enforcement for CITES

Whale Protection Act 1980

GREENPEACE DEFENDERS OF WILDLIFE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW. March 29, 2002

Study on the implementation. of Directive 2008/99/ec on the. Protection of the Environment Through Criminal Law. giving nature a home ENEC 1

The Lacey Act: Potential Effects on Aquaculture

THE FACTS ... A. The circumstances of the case. The facts of the case, as submitted by the applicant, may be summarised as follows.

Original language: English SC69 Sum. 4 (Rev. 1) (28/11/17) CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

PRODUCED IN COLLABORATION WITH OTHER STAKEHOLDERS

78 th Meeting of the Committee on Trade in Wild Fauna and Flora

ARTICLE 2 ENDANGERED SPECIES ACT OF GUAM

115 No. 15 ] International Trade in Wild Fauna and Flora [ 2007.

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING PAPER. Annex to

Council of the European Union Brussels, 28 March 2017 (OR. en) Working Party on General Matters, including evaluations (GENVAL)

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Proposed CITES Implementation Program: Wildlife Conservation and Livelihood support through the Rule of Law in the Americas

Decree By Federal Law No. 1 of Combating Terrorism Offences. We, Zayed Bin Sultan Al Nahyan President of The State of the United Arab Emirates;

Council of the European Union Brussels, 26 February 2016 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

Ministry of Agriculture and Rural Development of S.R. Viet Nam VIET NAM CITES MANAGEMENT AUTHORITY

Council of the European Union Brussels, 30 May 2017 (OR. en)

JUDGMENT OF THE COURT (Sixth Chamber) 27 February 2003 *

Organisation of justice Belgium

Questionnaire for important consumer and trading countries of saiga parts and derivatives

COSMETICS ACT , May 29, 2016>

Original language: English CoP17 Doc. 80 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Spain. Environmental Liability National ELD Report. Justice and Environment 2012

Strategic Project on. Environmental Crime. Report

ANNEX. to the. Proposal for a COUNCIL DECISION

Annual Report of Trafficking in Human Beings in Ireland for Anti-Human Trafficking Unit Department of Justice and Equality

COMMISSION STAFF WORKING DOCUMENT. Summary of the Responses to the Stakeholder Consultation on the EU Approach against Wildlife Trafficking

AQUACULTURE MANAGEMENT ACT 2003

Countering Illicit Firearms Trafficking in the Context of Organized Crime and Terrorism Work of UNODC s Global Firearms Programme

Illegal online trade in endangered parrots: A groundbreaking investigation

Case 1:07-cr EWN Document 1 Filed 08/22/2007 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Transcription:

Prof. Dr. L. Lavrysen Justice Constitutional Court of Belgium Professor Environmental Law Ghent University The Law on Wild Life Trafficking (1) Belgium is party to the CITES Convention Convention on International Trade in Endangered Species of Wild Fauna and Flora (3 March 1973Washington DC, Amended: 22 June 1979 Bonn, 30 April 1983 Gaborone) Ratification: 3 October 1983 In force : 1 January 1984 Federal Act 28 July 1981 Executive Orders: e.g. Royal Decree 9 April 2003 1

The Law on Wild Life Trafficking (2) EU CITES Regulations are Direct Applicable Regulation (EC) Nr. 338/97 = Basic Regulation Executive Regulations: Regulation (EC) Nr. 865/2006 Implementing Regulation Regulation (EU) Nr. 792/2012 Permit Regulation Regulation (EU) Nr. 1915/2017 Suspension Regulation Mixed competence Mainly Federal the import, export, and transit of exotic plant species, as well as of exotic animal species and their corpses The Law on Wild Life Trafficking (3) Other aspects: nature protection competence of the 3 Regions E.g. Flemish Region: Nature Protection Decree & Species Protection Order of Flemish Government Justice, Customs, Police: federal Inspections Federal (Belgian CITES Authority) Regional 2

ENGO -Civil Party in Criminal Proceedings According the Criminal Procedure Code, the legal action to repair damages belong to the victims. They shall demonstrate a direct and personal interest. When such an action is introduced by an environmental NGO and aims to challenge acts and omissions that contravene environmental law, such an environmental NGO has a sufficient interest to do so (with reference to Aarhus Convention) Supreme Court (Court of Cassation), 11 June 2013 Civil Party in Pre-Trial Proceedings Civil Party Can trigger a criminal investigation Has access to the criminal files at various moments Can ask for additional investigation actions Is invited to the hearings of the investigation tribunal in the course of the investigation and at the end of it WATCHDOG FUNCTION TO KEEP THE INVESTIGATION PROGRESSING 3

Civil Party in the Trial Procedure Can be represented before the Criminal Court, alongside Public Prosecutor Defense Accused May claim damages and measures to restore the harm done by the criminal acts 4

The VT Case ENGO involved: VogelbeschermingVlaanderen ( Bird Protection Flanders ) Regional Bird Protection organization Very active 6 full time staff members + 1000 volunteers + 8000 members Lot of bird watchers (thousands couples of eyes and ears that can come across illegal activities) http://www.vogelbescherming.be/site/ The Van Tomme Case 5

The VT Case Long and intensive judicial inquiry Including international legal cooperation between Belgium, the United Kingdom, Spain, France, Germany, Austria, The Netherlands Eggs and flegdlingsof wild birds (including red-listed under CITES) were stolen in large quantities from the wild Remote nature areas in Spain and France Smuggled towards Belgium Hatching out Hand-reared and ringed Forging of rings and breeders declarations Monfragüe National Park Spain 6

7

8

Egyptian Vulture (Neophronpercopterus), African Fish Eagle (Halliaeetus vocifer), Imperial Eagle (Aquila heliaca), Bald Eagle (Halliaeetus leucocephalus), Bonelli s Eagle (Aquila fasciata), Golden Eagle (Aquila chrysaetos), Booted Eagle (Hieraaetus pennatus) Peregrine (Falco peregrines), Merlin (Falco columbarius), Hobby (Falco subbuteo), Red-footed Falcon (Falco vespertinus), Lesser Kestrel (Falco naumanni) Blackwinged Kite (Elanus caeruleus), Red Kite (Milvus milvus), Black Kite (Milvus migrans) Spoonbill (Platalea leucorodia), Great Bustard (Otis tarda), Great Grey Owl, (Strix laponica), Snowy Owl (Nyctea scandiaca), Short-eared Owl (Asio flammeus) 9

10

Sold to bird holders in different countries Extremely profitable Bonelli seagle: 10 000 Bald Eagle: 5 000 African Fish Eagle: 6 000 Booted Eagle: 5 000 11

Court of First Instance Criminal Court Ghent 4 persons incriminated Charges 504 facts of forgery of CITES documents (violation of EU CITES Regulation + complementary domestic legislation) 522 facts of the use of this falsified documents Being part of a criminal organization Violation of CITES exportation provisions Money laundering 12

Judgment of the Criminal Court of 27 June 2014 4 Defendants were declared in a (+ 300 pages) judgment: Guilty of the different CITES related facts Guilty of participation in a criminal organization with branches in various countries Leading defendant Convicted for money laundering The defendants committed a direct and irreversible assault on biodiversity. For profit, the defendants seriously undermined national and international efforts to preserve and protect these already vulnerable bird species 13

Sentence: Imprisonment 4 years (1 year conditional) 2 years (1 year conditional) 18 months (conditional) 1 year (conditional) + Fines: 90.000, 30.000, 12.000 Confiscation of 835.800 illegal gains of the trade Seized birds confiscated and entrusted to Belgian CITES Authority Referring to the Judgment of the Supreme Court of 11 June 2013: Bird Protection organization recognized as civil party Awarded 1 compensation for moral damages Awarded 250 compensation for material damages Compensation for litigation costs: 220 The NGO was claiming 15.250 for moral damages 14

Appeal before the Court of Appeal in Ghent Judgment of 7 May 2015 In absentia of 2 main defendants They have formed opposition Their case was heard again Judgment confirms in all aspects the judgment of the First Court The compensation for moral damage that should be paid to the nature protection organization has been increased from 1 tot 15.250 (+ interests) 15

Judgment of 18 March 2016 Final judgment on opposition of main defendants (321 p); first judgment largely confirmed Sentence: Imprisonment 4 years (2 years conditional, instead of 1) + Fine: 90.000 Confiscation of 835.800 illegal gains of the trade Seized birds confiscated and entrusted to Belgian CITES Authority Costs of procedure: 50.120 The compensation for moral damage that should be paid to the nature protection organization has been confirmed: 15.250 (+ interests) Application of: Constitutional Court, N 7/2016, 21 January 2016 Art. 1382 of the Civil Code concerning fault based liability is violating the Artts. 10 and 11 of the Constitution if they are interpreted in such a way that Environmental NGO s can only claim one symbolic euro as compensation for moral damages. 16

Supreme Court Judgment 11 October 2016 Minor correction Judgement 27 September 2017 Rejection of demand of Revision No New Facts that demonstrate that the convicted is innocent No reasonable doubt on used DNA analysis The Sierra Leone Beijing Dried Seahorses Smuggling Case 17

20 April 2017 Brussels Airport 3 Chinese Transit Passengers (Sailors) Customs find in transit luggage Sierra Leone- Beijing + 2000 dried sea horses (used in traditional Chinese Medicine) CITES Annex II/ EU CITES Regulation Annex B 2 pieces of Ivory (CITES Annex I/ Regulation Annex B) Cash Seizure Arrested Court of First Instance Criminal Court Brussels (D), 8 June 2017 Imprisonment of 3 perpetrators: Each 15 Months (half conditional) Confiscation Dried Seahorses Cash (+ 6000 US Dollars) 18

Concealed Ivory Importation Court of First Instance Criminal Court Brussels (D), 22 December 2016 4 February 2016 Brussels Airport - Customs Illegal import of ivory (56 pieces) concealed in wooden statues DRC Seizure Report of violation 29 March 2016 when owner came to claim his shipment Imprisonment of 15 Months (half conditional) Confiscation 19

Import and selling of Common tortoise Court of First Instance Criminal Court West Flanders (Kortrijk Division) Under Appeal 7 September 2016 332 (+ 2) common tortoise found (Annex II CITES/Annex A CITES Regulation) in garage box Seizure Animals entrusted to ENGO SOS Reptiel Health check bad condition all animals died at the end Imprisonment of 9 Months 600 EUR fine 14.667 EUR compensation of costs made by the State 85.625,88 EUR compensation of ENGO for taking care of the placed animals 20

Recommendations EU Action Plan against wildlife trafficking http://ec.europa.eu/environment/cites/trafficking_en.htm Belgium Better co-ordinate legislation Train and strengthen capacity of Inspectors and Customs Reinforce again the environmental section of the Federal Police Assign a Federal CITES Public Prosecutor Assign cases to specialised sections of courts (1 D, 1 F) https://www.senate.be/event/20180306_wildanimals/lavrysen.pdf 21