Europe at Present [Spring 2003]
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1.2 Mafia in today’s ItalyA parliamentary report issued last month said the Mafia controled 30% of Italy's rubbish disposal companies, including toxic waste disposers, generating £4.6bn annually. According to Confcommerci, a business association, mobsters control 20% of the shops and 15% of the factories, generating around £92bn a year. Their combined assets are thought to be enough to pay Italy's national debt497. Generally the term 'mafia'498 is nowadays used to describe all organised crime groups operating in Italy. These include the Cosa Nostra499 and the Stidda (Sicily), 'Ndrangheta (Calabria), Camorra (Naples) and the Sacra Corona Unita (Puglia). The largest and most important once are Sicilians and their Calabrian counterparts from ‘Ndrangheta. The Sicilians import the drugs; the Calabrians distribute them, mainly to northern cities. The whole Italian drug trade is apparently controlled by families from Calabria. In Sicily there exist 190 clans with 5,192 members. The Palermo region alone has 89 families with 3,201 members. They range from the Brancaccios, whose 203 members run rackets and drugs, to a two-member operation in the Vucciria food market. Trapani, on Sicily's western tip, comes next with 982 members, followed by Agrigento, Caltanissetta, Catania, Enna, Messina and Syracuse. Historically the Mafia has been weaker in the east. Running the show is the new boss of bosses, Bernardo Provenzano, known as "the tractor" for mowing people down. He has been on the run since 1963, raising the suspicion that he has bought off the police. And according to the GDF500, there are about 144 'Ndrangheta 'families' in Calabria, comprising some 5,194 members. 'Ndrangheta501The 'Ndrangheta is very much like other mafia groups. It is involved in a number of activities. These include drugs and arms smuggling, standover, extortion, kidnapping, inter-family violence, other violence, bribery, corruption, ballot rigging and so on. But there are also characteristics which distinguish it from other such groups, these are:
Pentito is other name for state witness. A lot of the success against Sicilian organised crime has been due to the valuable information passed to law enforcement by pentiti. There have been more than 100 Sicilian pentiti. A pentito's life span (and the information he provides) is often short and the penalty for disloyalty to the Cosa Nostra is death. In Calabria, the pentito tradition is very weak there had been only one to twelve Calabrian pentiti. Sicilians tend to make a decision to join an organised crime family when they are young men; Calabrians are more born into an organised crime family and it is almost inevitable that their future will involve the 'Ndrangheta. Because of these factors, the code of silence (omerta) is exceptionally strong amongst the 'Ndrangheta and it seems that few even contemplate becoming a pentito. 2. Russia When Gorbachev effectively dismantled Communism in 1989, the pre-existing Organised criminal network, both of Eastern Europe and Russia, were quick to take advantage of the new opportunities that the politically and economically weak situation afforded. The process of transition meant that there was a fundamental change in the role of the state in East European countries and Russia. The state now had a diminished role in the economy and society as a whole, which is synonymous with the limited interventionism of the liberal, laissez-faire, capitalist economics that were embraced by Gorbachev. The coercive tendencies and strict monitoring of civil society, that characterized the communist state, were greatly weakened, and the state's role in regulating the behaviour of the citizens was considerably lessened. The re-introducing of the concept of private property rights through the privatisation of 'national' property and the re-privatisation of property taken unlawfully from the owners by the state in the communist period, was also a factor in the increase in crime. The freedom for people to engage in private business enterprise, and the opening up of borders between the former communist countries, which allowed for the relatively free movement of people and goods, all facilitated organised criminal activities. Jerzy Jasinski points to the fact there was a fundamental turn around in attitudes to the law. He says that 'Under communist rule, what was permitted by law was often also forbidden; during the period of transition, in the practice of everyday life, what is forbidden is also allowed: the weak state has no effective means and its functionaries do not have the political desire to enforce the law.' (Jasinski, 1996, pp.40-50). This point is an important one to make. Many of the police forces of the new CIS countries and Russia have been left somewhat in the wilderness, and are ineffectual because of the lack of resources, proper training and low morale. Because of their former role as agents of the state, there to enforce ideology, their public and self-image is confused, and far from the 'service' role that has been fostered by the UK police, for instance. 2.1 Smuggling of nuclear weaponsAnother lucrative Mafia interest is the trafficking of radioactive material. The soft frontiers of Eastern Europe let cesium, mercury and uranium pass and reach different countries where there are laboratories for the manufacture of nuclear weapons. Mr Joseph Genovese of the FBI expressed concern of this new crime at a conference in Catania: "The nuclear weapons' traffic is very worrying. Plutonium and uranium are easily stolen from Eastern Europe laboratories, even though the amounts are too little for the nuclear weapons' building." The conference in Catania also looked at illegal control of public construction contracts in the former East Germany, where Mafia gangs have invested many billions of Marks
Russian Organized Crime Groups and Structure in Russia - In early 1993, the Russian Ministry of Internal Affairs reported there were over 5,000 organized crime groups operating in Russia. These groups were comprised of an estimated 100,000 members with a leadership of 18,000. Although Russian authorities have currently identified over 5,000 criminal groups in that country, Russian officials believe that only approximately 300 of those have some identifiable structure. Organized crime groups in Russia are not nearly as structured as those in the U.S., such as the LCN. Knowledgeable sources within the Financial Crimes Enforcement Network (FinCEN) have provided one model of the structure of groups in Russia. The principle behind this structure is to minimize contact with other cells that could lead to the identification of the entire organization. Each boss, called a "pakhan," controls four criminal cells through an intermediary called a "brigadier." The boss employs two spies that watch over the action of the brigadier to ensure loyalty and that he does not get too powerful. At the bottom of the structure are criminal cells specializing in various types of criminal activity or functions such as drugs, prostitution, political contacts, and "enforcers." A similar structure places an elite leadership on top which is buffered by support and security personnel from the street operators who are commifting the crimes. Street operators are not privy to the identity of their leadership. Strategy and planning is done only at the top echelon in order to minimize the risk of detection
Thieves' Code of Conduct - There is a traditional code of conduct within this old style of organized crime in Russia called "Vory v Zakone," or thieves in law. This group existed throughout the Soviet era and continues today throughout the republics of the former Soviet Union. In this society the thieves in law live and obey the "Vorovskoy Zakon," the thieves' code. The members are bound by 18 codes and if they are broken, the transgression is punishable by death. A thief is bound by the Code to:
3. Mafia in Eastern Europe Opening borders has been a growing problem in Eastern Europe which has been left politically, economically and institutionally weak and vulnerable. Since 1986 and 1989, and open border policy in Europe, there has been much collusion between European organised criminal groups. It is widely thought that Dutch groups, seeking to extend their operations and drugs markets, quickly infiltrated those of the East, and this had a dramatic effect in raising the sophistication of those groups. Russian organised crime was quick to exploit the new opportunities and they in turn extended their operations westward, and are thought to be heavily involved in the production and trafficking of synthetic designer, drugs such as ecstasy, in Holland. Organised crime in the former Eastern Block has become a major concern since the iron curtain fell in 1990. "The situation of organised crime in Eastern Europe is directly connected with economic differences between the East and the West," said Raimond Edward Kendall, the Secretary general of Interpol, at a visit in Slovakia in April 1995. As the country's society has undergone transformation it has seen changes on the criminal scene too: an unprecedented rise in the crime rate and the emergence of new elements in criminal activity, like organised crime. "Because of the high figures involved in illegal operations, certain people are able to commit large-scale criminal activities in an indirect way, using others entrusted with specific assignments. Such groups show a clear tendency to engage in criminal activities in a well-planned and systematic manner," Jozef Holdos, President of Police Corps in Slovakia said as he explained the complexities of the almost impenetrable structures. O  rganised crime has all the features of illegal business. Dirty money is invested to increase the dimensions of crime or it is legalised through money laundering. Although organised crime existed before 1989, it inevitably lacked the strong international character of today. It has been only too visible since the borders were opened.
3.1 Slovakia According to the Slovak police, former Yugoslavians seem to be prominent organisers of the new forms of criminal activities in Slovakia. They use Slovakia as a go-between country, where they stay after committing offences in western countries. Before 1989 their practices were eased by there being no cooperation with Interpol. Nor were international warrants valid in Slovakia or the other Central and Eastern countries. That all changed in 1990. Organised crime was then able to reflect the situation in a given country. Within the country changes have been made that have benefitted criminals. Since it was re-written, Slovak law has included loopholes that are favourable to the rise in organised crime. As the economy moved towards a market economy it became easier to commit economic crime, but it has not yet reached the dimensions of the advanced economic countries. 3.2 Smuggling of cars and drugsThe police and judiciary too have been reorganised and a government body established to counter corruption and tax evasion. The opening of the borders in 1989 also allowed for the smuggling of cars and drugs. Slovakia has also become an important part of the `Balcan Route' for drug smuggling. These new crimes reflect the current social and economical changes. All have a character of economic crime and include the transit and procurring of jobs for illegal aliens, environmental and computer crimes. "As regards international cooperation, we are interested in mutual exchange of experience, scientific research data from the field of criminology, exchange of information concerning new techniques and general trends in crime," President of Slovak Police Corps explained. Kosowo and Croatia etc. Everyone in Kosovo knows that there are only two commodities to discuss in the endless negotiations here: weapons and human beings. And two currencies to pay for them: dollars and drugs. Kosovo is 90 percent ethnic Albanian, and mostly Muslim. Its people are under the heel of a government in Belgrade that appears ever-more determined to make the province Serbian and Orthodox Christian again, as it was in the Middle Ages. With good reason, the Kosovo Albanians see themselves as the next candidates for ethnic cleansing; and the Bosnian tragedy suggests that no one in the outside world will take the risks necessary to help them. No one, that is, except the masters of the Empire of Crime. In return for guns to defend themselves -- and the greenbacks necessary to smuggle their wives and children to safety abroad -- the Kosovo Albanians have become central players in the European drugs-for-arms trade. Organized crime reaps the profits. The wretched of the earth pay the price, which in the charnel house of ex-Yugoslavia already amounts to more than 250,000 dead and 3.7 million refugees. These human numbers are mirrored in a vast flow of cash and contraband that keeps the armies on the march - and the refugee figures mounting. "The Serbs have financed a part of the war in ex-Yugoslavia thanks to counterfeiting, and also through the laundering of drug money deposited in 200 private banks or currency exchange offices," said German Secret Services coordinator Bernd Schmid Bauer, following an inquiry into the sources of narcotics in his country. He estimates that $1.5 billion in drug profits were laundered in Serbia last year alone. Vienna Police Commissioner M. Gunter Bogl says that "part" of the war is an understatement; he is convinced that international crime syndicates are playing "the dominant role" in the Balkan catastrophe. "Their profits are filling a war chest that is managed in ex-Yugoslavia by members of the Italian and Russian mafias," he recently told journalists. The term used to describe the Kosovo Albanians' role in the drugs-for-guns trade is "camel." By the hundreds, they cross the mountains, lakes, and seas that comprise affluent Europe's outer frontiers -- usually in the dead of night -- carrying the mob's narcotics in one direction and its laundered money in the other. The Kosovo Albanians have no monopoly on the lower, expendable ranks of the Empire. They are part of an immense tidal wave of desperation that will fuel organized crime recruiting long into the next century. Put simply, the world's stateless nations -- Kosovan Albanians, Kurds from Turkey and Iraq, Tamils from Sri Lanka, Chechens from Russia, Ibos and Ogoni from Nigeria, and hundreds of other tribes and ethnic groups whose names are not yet in the headlines -- are the army-in-waiting of the new criminal superstate. Or the army already in the field, altering its composition at a rate that befuddles law enforcement authorities
Although organised crime is certainly not a new phenomena it has become, in recent years, increasingly more widespread and highly sophisticated, taking advantage of the advances in technology, particularly in the field of communications. It has also been quick to adapt and exploit the changing political and economic mechanisms within Europe. The last ten years have witnessed great changes in the political makeup of Europe: the collapse of Communism in 1989 and the deepening and widening of the European Union, through the establishment of the Treaties, have all been factors in the contribution to the growth of organised crime. The reasons for the increase in organised crime are many and varied. One of the most important reasons for the sudden increase in organised criminal activity was the signing of the SEA (Single European Act) in 1986 and its introduction and provision, through Article A, of '...an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured...' also provided a favourable situation for organised crime. Another important reason for the sudden increase was the collapse of communism in 1989. Although it is widely held that organised crime existed in a form during the Communist years, the end of Communism provided greater and increased opportunities for organised criminal groups. The re-introducing of the concept of private property rights through the privatisation of 'national' property and the re-privatisation of property taken unlawfully from the owners by the state in the communist period, was also a factor in the increase in crime. The freedom for people to engage in private business enterprise, and the opening up of borders between the former communist countries, which allowed for the relatively free movement of people and goods, all facilitated organised criminal activities. Crime in Europe has been growing since the 1960s, despite considerably increased budgets dedicated to crime repression. In fact new forms of criminality have appeared. Child pornography on the Internet and worldwide money laundering are to examples of this trend.
Organised crime is becoming highly transnational in character, operating cross-border criminal activities with ease, constituting a problem that touches all societies throughout Europe. It has often been said that criminals might live in one country, commit their crimes in another and sell their illicit goods in another third country. Also organised criminal groups in one country are forging links with groups in other countries and so extending their operations and broadening their markets. That is why most countries are trying to fight with it on international arena. The most important thing is the exchange of experiences between countries. That is why countries such as Italy504 and United States, which have the best anti – mafia laws and the best law enforcement agencies, should share their knowledge with other countries and help to implement there efficient anti – mafia laws. Such cooperation can take different forms, I will try to discuss the most important of them. 1.1Task Forces Task Forces are created by groups of neighbouring countries. They are created in order to improve the exchange of experience and information between member states, and to strengthen the ability to prevent and combat organised crime by setting up a close co-operation between law enforcement agencies in each country. An excellent example of such an organisation is the Task Force on Organised Crime in the Baltic Sea Region505. To this Task Force belong : Denmark, Estonia, Russia, Finland, Norway, Poland, Germany, Iceland, Latvia, Lithuania, Sweden, European Commission. This Task Force focuses on criminality related to narcotics, illegal migration, trafficking in stolen vehicles, illegal arms trade, smuggling of highly taxed goods, forgery of money and securities, money laundering, violent crime, trafficking in women, foreign gangs and environmental crime. There are other such organisations in different regions in Europe.
The priorities set by the EU in its fight against organised crime range over:
1.2.1 The Treaties The EU regards organised crime as a major threat to internal security and the democratic process. First response to organised crime was the Schengen Agreements506, signed by France, Germany and the Benelux States in 1985. This then led to the signing of the Schengen Convention in 1990 and then the Schengen Implementation Agreement (SIA) in 1995. Schengens purpose has been to provide the security backup needed for an 'area without internal frontiers.' Schengenland was created to foster greater cooperation between Member State police forces: (particularly hot pursuit and surveillance) and their respective judicial systems (Art 39-47 & Art 67-69 SIA); co-operation in the suppression of drugs trafficking (Art 70-76 SIA); implementing stricter external border controls (Art 3-8 SIA); the co-ordination of asylum policy and the homogenisation of entry and visa requirements (Art 9-27 SIA) and the creation of the Schengen Information System (SIS), a central databank of 'people and objects', (Art 92-119)507. With the Maastrict Treaty (1992) the issue of internal security and crime was dealt with by the creation of the third pillar, Justice and Home Affairs. One of the biggest hurdles that still exists in the combat against organised crime is the lack of co-operation and the diversity and variations in police culture and practices amongst the Member States. Although it is widely accepted that customs cooperation, as promoted in Article K of Maastrict Treaty, has been the most efficient and successful area of all policing and security collaborations within the EU. There has been two customs databases set up, which are SCENT (System Customs Enforcement Network) and CIS (Customs Information System). The entry into force of the Treaty of Amsterdam on 1 May 1999 provided for the development of common actions in the field of police and judicial cooperation in criminal matters. However, criminal matters taking place within the borders of EU Member States remain under national responsibility. 1.2.2 Europol, Eurojust, European Judiciary Network By far the most important advance in EU law-enforcement cooperation in recent years has been the development of Europol508, the EU’s own law-enforcement agency. Staffed by police and customs officers, Europol started life in January 1994 as the Europol Drugs Unit (EDU). Its purpose then was to coordinate the efforts of national European police forces in the fight against illegal drug trafficking. In July 1999, its responsibilities widened, following ratification by EU Member States of the Europol Convention. Its fuller range of activities came into operation in July 1999. These include illegal trafficking in drugs, in stolen vehicles and in human beings, as well as illegal immigration networks, sexual exploitation of women and children, pornography, forgery, smuggling of radioactive and nuclear materials, terrorism, money laundering and counterfeiting of the euro. Eurojust is a unit of national prosecutors, magistrates or police officers of equivalent competence which shall reinforce the fight against serious organised crime. In1998 the European Judiciary Network (EJN)was established, it provides contact points in the Member States to help anti-crime professionals with the efficient of information. 1.2.3Programmes509 The Commission also makes use of its programmes to contribute to improving cooperation between authorities and people engaged in the fight against and the prevention of organised crime. The Falcone (1998–2002) and Hippokrates (2001–02) programmes are complementary to specific programmes on judicial cooperation (Grotius) and police and customs cooperation (OISIN) as well as cooperation against trafficking in human beings and sexual exploitation of children (STOP). These programmes will be merged into one single programme from 2003 onwards.
1.3. United Nations United Nations organize conferences on organised crime ( the last one was held in Sicily in December 2000 ). During one of such conferences UN Convention against Transnational Organised Crime510 was prepared and signed by more than 120 countries. The Convention is intended to serve as a blueprint for countries to effectively shut down international criminal organizations, eliminate “safe havens”, protect witnesses and block money laundering. In UN structures there exists also the UN Office Crime Programme (UNODC), which is conducting a systematic assessment of the world's major and emerging transnational organized crime groups according to how dangerous they are and the level of threat they pose to society. Each assessment aims to identify global trends and predict new types of unsavory enterprises and new demands for illicit goods and services511. UNODC launched the Global Programme against Transnational Organized. In collaboration with the United Nations Interregional Crime and Justice Research Institute (UNICRI), the Global Programme assists Member States in their efforts to curb organized crime. The main objectives of the Global Programme against Transnational Organized Crime are:
Follow the money "The most important thing we have to remember is that the Mafia is an economic organisation. We have to strike its main interests, that is money because we have learned that this is what hurts such criminal organisations the most. Only in this way can we beat it." – said Gherardo Colombo, a magistrate of the Tribunal of Milan. However "A lot of launderers put their money in the countries where there are no controls on the financial activities," he added. "It is also difficult to receive information from some countries"512. For example in Europe only Italy, Germany, Belgium, Ireland, Netherlands and Great Britain have national regulations about the money laundering of all criminal activities: drugs, terrorism, weapon traffic, prostitution, smuggling, extortion, organised crime and other illegal activities. Other European countries have national regulations about the money laundering coming from drug trafficking. Italy is now experimenting with an important new method for fighting money laundering, called Gianos. It is a computer system that is already used by more than 300 banks which automatically identifies anomalous operations and traces suspect transactions. But although Italy has a system of identification of suspected transactions it does not work well. There are so many transactions that it is very hard to identify the illegal activities.
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