IPA 2010 Fight against organised crime and corruption

IPA 2010 Fight against organised crime and corruption: Strengthening the Prosecutors´ Network International cooperation – relations and mutual work of PSO and Police PCC experiences and best practice Police Cooperation Convention for Southeast Europe Ohrid, 12 – 13 September 2013

Forms of cross-border cooperation - Information exchange Liaison officers (i. e. Art 9 PCC SEE) Hot Pursuit (i. e. Art 13 PCC SEE) Cross-border surveillance (i. e. Art 14 PCC SEE) Undercover Investigations (i. e. Art 16, 17 PCC SEE) Joint investigation teams (i. e. Art 27 PCC SEE) Joint cooperation (i. e. Art 26 PCC SEE) Cross-border search operations (i. e. Art 26 PCC SEE) Mixed Patrols (i. e. Art 28 PCC SEE) Cooperation in Common Centers (i. e. Art 29 PCC SEE)

PCC SEE • The aim is to adopt the Schengen standards in the Region through the conclusion of a multilateral convention for the improvement of strategic police collaboration in the region. • In this way, the Western Balkan States will gradually be brought into line with European Union standards of police cooperation. • Convention is a state treaty subject to ratification. • accordance with EU-law – especially the Schengen treaty

PCC SEE – Contracting Parties (2011) (2012) (2008)

Strategic goals Schengen Prüm PCC Legal Framework

Communication & Co-ordination

PCC SEE - Content • • • • Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Cooperation upon Request Information Exchange in the area of organized Crime Information Exchange without Request Joint Threat Analysis Regular Information Exchange to Combat illegal Migration Liaison Officers Witness Protection Basic and Advanced Training and Exchange of Experience Prevention Hot Pursuit Cross-border Surveillance Controlled Delivery Undercover Investigations Undercover - Prevention

PCC SEE - Content • Article 18 • Article 20 • Article 24 • • Article 26 Article 27 Article 28 Article 29 Request to Collect Evidence in Case of Imminent Danger Transmission and Comparison of DNA-Profiles and other Identification Material Technical Measures for Facilitating Transborder Cooperation Joint Cooperation and Cross-border Search Operations Joint Investigation Teams Mixed Patrols along the State Border Cooperation in Common Centers

Need to know! • Information on driving-licences and vehicle documents as well as comparable driving permits and documents, • Establishment of the place of abode, of the place of residence and residence permits, • Identification of subscribers of telephones or other telecommunication equipment, • Identification of individuals, dead bodies, or parts of dead bodies, • Information on the origin of items, such as firearms, ammunition and explosives, explosive devices, motor-vehicles, all types of vessels and aircrafts and cultural property, • Search for wanted persons and property, • Initiation and coordination of search measures, • Police interviews and interrogations, especially in order to determine the willingness of a person to give information,

Information exchange for combating criminal offences • data of individuals involved in organised crime, • intelligence on links between the suspects and persons under suspicion in relation to commission of criminal offences, • their knowledge on the structure of criminal organisations and groups, • typical behaviour patterns of suspects and persons under suspicion or suspect groups and groups under suspicion, • information on prepared, attempted or accomplished criminal offences, especially time, scene and type of crime, details on victims or victimised property, • intelligence on the particular circumstances and the relevant legal provisions, if required to prevent, detect and investigate criminal offences,

i. e. UC operation 1. 2. 3. 4. 5. Extreme Urgency Serious danger for the UC Agent (revelation of Identity) NO PRIOR CONSENT for deployment needed Preconditions must be met Activities restricted to the extend 1. Absolutely essential 2. Covering the story or 3. Covering the security 6. Notification without delay 7. Termination of operation at any time

Hot Pursuit – Chronology Distance: approx. 136 km Approx. 87 km behind the state border 10. 50 a. m. Information of Hot Pursuit Speed approx. 200 km/h 11. 16 a. m. first attempt to stop the gate-away car SLO Police stopped the car – first attempt to arrest – suspect continued – Police car damaged 11. 24 a. m. SLO Police stopped the car, with assistance of AT Police the violent suspect was arrested 11. 38 a. m. Ambulance arrived and brought the suspect to the closest hospital 12. 45 p. m. suspect died in the hospital Cause of death: allergic reaction to pepper-spray - 1500, - € damage Police Car - 5000, - € damage of Suspect car - 1 SLO and 1 AT slightly injured

Application – Reality-test

La ara 14. 29 de unnäriti s-a apropiat legätura , ~a" (vezi foto impreunä, pe jas, la ora 14. 32 au venit in preajma hotelului "Codru" de pe str. 31 August 1989 nr. 127 (vezi foto N!5 S-58), unnärirea tainicä fiind intrerupti. . . accepted as evidence by courts?

Cross-border cooperation in EU Lessons learnt – Results? • • • • Exercises (table-top / real-doing / real-time – Kidnapping? ) Checking of communication channels ( i. e. contact data´s? . . . Art. 3 par 1 lit d? ) Checking the proper execution of communication (i. e. role of ILECU etc. ) Checking of the tactical performance (police and judicial tactics) Checking of resources (human, financial, technical …. ) Checking of evidence gathering and evidence handling rules Exercise observers (State Prosecutors) Exercise evaluation (police and judicial) Reports (how do they look like? National law - crime procedure code i. e. – applies…. ) State of knowledge of procedures (legal, tactical, equipment) Harmonization of procedures (request, reports, tactical development, common methodology…) Confidence- building measures (ld. Hk) Awareness raising (i. e. publications, media response, same radio channel etc. ) Police AND Judicial Cooperation TRUST (? )

Cross-border cooperation in Western Balkan States Lessons learnt – Results? • • • • • Parts of the territory are not covered with radio signal After crossing the border no communication with duty stations by radio Problems with equipment (i. e. radio equipment in police cars, lack of duty mobile phones resp. no roaming permission in duty mobile phones) Language problems Lack of bilateral agreements (key recommendation of Co. M from 2008) Lack of practical experience of cooperation between Uniformed Police Officers in the field Lack of knowledge regarding the territory of the other state (terrain) Lack of national operational procedures and no training programs in this regard exist Lack of standardized deployment procedures Lack of national fact sheets Lack of common methodologies No existing direct contacts between regular Police Services (cross-border) Lack of standardized communication rules between Police Services (cross-border) Lack of regular meetings between regular Police (Cmdrs. ) Services (cross-border) Insufficient use of the capacity of Common Contact Centre Insufficient number of the police patrols Lack of Intranet Systems / official email Addresses Lack of FAST Units (as an example) Hierarchical obstacles (direct cooperation especially in the area of information exchange…) Current uncertainty in operational/tactical performance

Exericse – Why? • To detect possible difficulties • To identify legal gaps and practical problems • To examine the way to solve them (Negotiation bilateral implementation agreements • To train respective Police Officers and Prosecutors (legal and practical topics) • Confidence-building measures (Trust) • Questionnaire • Evaluation reports • State of knowledge of procedures in SEE • Harmonization of procedures • Increasing cooperation Police and Judicial Authorities

Cross-border Surveillance exercise „real-doing-exercise“ Slovenia

PCC SEE – Hot Pursuit Next steps? SRB – RO: 8 – 11 October 2013 Remaining: - SRB-RO - SRB-MNE - SRB-HU - AL - MNE AL – MKD 18 – 20 Sept 2013

Hot Pursuit – judicial cooperation i. e. Bank robbery • • Bank robbery in State A Hot Pursuit Apprehension in State B Resistance against the state (committed against officers of State A) – Criminal act – Bank robbery in State A – Criminal act – Resistance against the State in State B • Art. 22 PCC SEE • Art. 42 Schengen • The law of State B applies (where the suspect were apprehended) • Extradition request (Prosecutor State A - Bank robbery) • Surrender procedure (Prosecutor State B) – National arrest warrant (Resistance against the State)

Information exchange General principle • • Legal base (national laws, bi- or multilateral treaties) Data Protection regulations Need to know – need to share policy Pro-Activity

Also for Prosecutors ? How to exchange? 1. As a rule, the law enforcement authorities and their officials shall make their requests and replies in writing (by fax or e-mail) to the central authorities of the Contracting Parties (ILECUS) 2. To achieve a standard procedure, the forms attached in Annex III and IV of PCC SEE manual should be used for the information exchange. 3. If person-related data are transmitted, a secure transmission method must be chosen taking into account the sensitivity of the data. 4. On rare occasions in urgent cases the law enforcement authorities and their officials can make their requests orally, however must confirm them afterwards in writing. The written reply will be given only after receiving the written confirmation.

General rules for international Information exchange • A request is sent through one channel only. • If a request is, in exceptional cases, sent through different channels at the same time, this is clearly indicated on the request. • If the request is sent to parties for information only, this is clearly indicated. • The channel is NOT being changed during an on-going operation or during any phase unless it is absolutely necessary. • A change of channel is communicated to all parties, including the reason for the change. • Whenever possible, the National Central Unit replies directly to the international request, where appropriate with copy to the concerned national authority.

i. e. Information exchange for combating criminal offences 1. data of individuals involved in organised crime, 2. intelligence on links between the suspects and persons under suspicion in relation to commission of criminal offences, 3. their knowledge on the structure of criminal organisations and groups, 4. typical behaviour patterns of suspects and persons under suspicion or suspect groups and groups under suspicion, 5. information on prepared, attempted or accomplished criminal offences, especially time, scene and type of crime, details on victims or victimised property, 6. intelligence on the particular circumstances and the relevant legal provisions, if required to prevent, detect and investigate criminal offences,

Facing modern challenges • Sustainable national coordination and cooperation for Law Enforcement process (Police and Judicial cooperation) • Sustainable capacity development to effectively investigate and prosecute serious crime • Pro-active regional and international cooperation (need to share policy) • Local ownership (no external implementation – if needed with support from outside) • Balance between sources and aims („what is implementable? “) • Establishment of problem-solving capacities (Networks– strengthening of the „regional ownership“) • Efficient cooperation with Partners (Principle to avoid „Projektitis“ and “Edukatitis”) • Development of practical operational (regional) cooperation • Adaption to EU Standards (? ) • PRACTICAL BENEFIT (more practice – less …. . )

FUGITIVE ACTIVE SEARCH TEAMS (FAST) • Core tasks – Single point of contact for national and international cases of fugitive search – Preliminary examination and takeover of possible cases of fugitive search – Planning, execution and coordination of operational fugitive search measures within and outside the national territory

Why do countries need a FAST Unit? • Takeover of special cases of searching for fugitive persons with nation-wide or international fugitive search measures. • Close and direct mutual cooperation with international FAST partners. • Possible connection for the non-EU countries to the European Fugitive Search Network ENFAST and to its information and communication platform EPE ENFAST hosted by Europol. • Common training, education and exchange of experts.

Problem-solving-capacity

Europol Plattform for Experts Access?

Thank you for your attention! thomas. pepper@bmi. gv. at http: //www. pccseesecretariat. si/