Ana səhifə

European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3


Yüklə 2.37 Mb.
səhifə5/25
tarix25.06.2016
ölçüsü2.37 Mb.
1   2   3   4   5   6   7   8   9   ...   25

KP 4: Fight against organised crime



Legal framework
The new law No.108/2014 “On the State Police” provides some additional guarantees for a better protection and full support to victims of trafficking, especially children. This law, among other duties of the state police in Article 17(g) foresees the identification, protection and referral for assistance to appropriate authorities for victims of trafficking. Whereas Article 123 specifies the measures to be taken by the state police to protect minors, and this way charges the state police officers with the direct responsibility for assisting and referring when necessary the abandoned children or those who have left family to the appropriate service.
By order No 179, dated 19.06.2014 of the Prime Minister “On the establishment of the State Committee on Trafficking in Persons”, the State Anti-Trafficking Committee has been expanded with four new members, by responding to new challenges in the fight against trafficking in persons through the provision of appropriate capacity, commitment and willingness to vigorously fight trafficking in persons.
For a more proactive identification and referral of victims/potential victims of trafficking by the Joint Directive No. 3799, dated 07.08.2014 of the Minister of Internal Affairs, Education and Sports, Health, Foreign Affairs and National Coalition of Anti-trafficking, the Responsible Authority was reorganized and expanded by adapting its role and duties with the Standard Operating Procedures. The review of the Responsible Authority (RA) aimed to support the effective implementation of the agreements signed for the protection and support of children, victims of trafficking, the functioning of the MKR NRM, and the monitoring of the possible implementation of bilateral agreements and/or future multilateral, between Albania and other countries in the region and beyond on issues of human trafficking.
Improvement and increase of the anti-trafficking structures capacity
Every year, for all the structures of Police, Prosecution, Courts, in collaboration with the School of Magistrates and civil society, several trainings have been conducted on various topics related to the phenomenon of trafficking, recognizing the legal framework, the meaning of the phenomenon, the forms of occurrence, consequences and mechanisms of action for cases of trafficking, as well as aspects of prevention and protection of victims of trafficking. Thus, in March - June 2014, 6 trainings were conducted by police, as well as 6 training by the School of Magistrates on the topic of trafficking in general, with special focus on the identification of domestic trafficking, especially after recent changes in the criminal legislation concerning the offense of trafficking. Furthermore a series of trainings have been organized for all the state structures involved in the fight against trafficking in human beings with the support of international partners.
Addressing forced labour and domestic trafficking
Starting from the end of 2013, there has been an increased focus on forced labour and domestic trafficking. For this purpose, a memorandum was drafted among the National Anti-Trafficking Coordinator, ASP and LISS “On the identification of cases of forced labour and trafficking for the purpose of labour exploitation of others, which was signed on October 21, 2014 at the Ministry of Internal Affairs in the context of the National Anti-Trafficking Week.
The establishment of three mobile units in Tirana, Vlora and Elbasani, brought increased identification of possible cases of trafficking. Since the creation of these Driving Units, to September 2014, there are identified a total of 94 potential victims of trafficking of whom 40 are adults and 54 are juveniles. In their dominant part, victims are trafficked for sexual exploitation, forced labour and begging.
In terms of domestic trafficking of children and the addressing of other problems associated with street children, the National Anti-Trafficking Coordinator along with the Ministry of Social Welfare and Youth has developed an action plan containing clear and concrete actions and deadlines for their implementation, which was formalized in a Memorandum of Understanding signed between actors on 17 September 2014.
Protection and assistance for VT/ PVT
Protection and assistance for victims /potential victims of trafficking is provided in shelters set up for victims of trafficking and in the community. The four shelters provide reintegration services such as psychological, health and legal assistance, vocational training, mediation on family reunion, employment and education for potential victims and victims of trafficking, foreign or domestic, child or adult, males or females.
Centres that provide assistance to victims of trafficking, receive funds from the state budget every year in order to meet the nutritional needs of victims of trafficking who are accommodated in shelters, according to Law no. 10252, dated 11. 03. 2010, “On assistance and social services”.
The trafficking of human beings comprised a fund of 22,535,000 ALL in the Protection Program of the medium-term draft budget 2013-2014.
In the Protection Program of the medium-term draft budget 2015-2017, a fund of 37.5 million ALL is provided for 2015.
The National Anti-Trafficking Coordinator is a member of the Interstate Committee of Experts on Measures against organized crime, established as part of the Anti-Mafia Law. NAK in cooperation with the Ministry of Finance are working to support victims of trafficking and centers, based on the Special Fund. During 2014, NAC has been assisted with necessary materials by seized assets. Thus, in 2014, based on the implementation of the Anti-Mafia Law a special fund was accorded for crime prevention amounting to 25,000,000 ALL. Based on Article 37, paragraph 3/b of Anti-Mafia Law, the fund will serve to boost the capacity of law enforcement agencies (police and prosecution) with projects supported by organizations that assist victims of trafficking.
Since June 2014, in addition to economic aid, the trafficking victims also benefit free health services from the state budget funds. As a result of cooperation with the Ministry of Health and amendments made to the legislation in force, free medical service has been provided to all victims of trafficking. According to recent changes in the law on health insurance fund, the cost of this service from now on will be covered by the Health Insurance Fund. The Health Insurance Fund will cover the costs for drugs, visits, examinations and medical treatment in public and private hospitals contracted by the fund for all victims of trafficking. The number of victims who can benefit this service today is approximately 100 victims a year, but considering that phase of reintegration and rehabilitation which lasts from 6 to12 months, often even 2 years, the total number of beneficiaries in this category is estimated to be 200 people .
For the first time in 2014, the Ministry of Internal Affairs accorded a special fund to the Anti-Trafficking Unit, which has enabled the realization of a series of awareness activities serving to the increase and strengthening of the fight against trafficking of human beings. The budget of Anti-Trafficking Unit will grow by 20% more than in 2014.
Stronger involvement of the community in identifying and reporting cases of trafficking by using technology to enhance identification
Albania is among the first countries in the region that brings the novelty of using mobile technology for the prevention of trafficking of human beings. Through the implementation of this initiative, the public has offered a way to simply and quickly report trafficking cases or suspected ones.
Citizens can anonymously send a short message, which goes immediately and simultaneously to 6 various public officials who are members of the Responsible Authority for the Identification, Referral and Protection of Victims/Potential Victims of Trafficking, or can call for free the number 116,006. National line 116,006 to report cases of suspected trafficking, is provided free of charge and can be dialled from any landline or mobile phone. The call goes immediately to the operating room of the General Directorate of the State Police, whereas the Application “Report! Rescue!” can be downloaded for free from Google Play Store. 575 calls and 304 SMS were sent from Vodafone Albania Company, 40 calls and 23 SMS were sent from PLUS, 150 calls and 73 SMS were sent from AMC since the line and the application “Report! Rescue!”, were introduced for the public.
In order to guarantee the fulfilment of the role and the functions of the Regional Anti Trafficking Committees (RATCs) as the main local structures to identify potential victims of trafficking; identify the primary problems at the regional level, as well as evaluate the situation and determine the specific needs of the district, the National Coordinator revitalized these committees by organizing periodic meetings with districts` prefects and members of the technical level. Regular meetings of RATCs were held in the main districts of the country. Trainings, orientation meetings with members of RATCs in technical round tables have aimed the identification of the problems according to the respective districts.
Strengthening structures of the General Prosecution Office
Following the amendments in the Criminal Procedure Code, Law no. 99/2014, at the Prosecution Office for Serious Crimes, the section for the investigation of active and passive corruption of senior officials, local elected officials, judges and prosecutors and on assets investigation was established.
This section will develop the unified practices and will coordinate the activities of the Prosecution Office for Serious Crimes regarding property investigation. This type of investigation is the main priority, with the aim of hitting the criminal groups and structures economically.
In order to meet the priorities to increase effectiveness in the fight against corruption and organized crime, and following the recommendations of the EC, in March 2014, by order of the General Prosecution Office, the Cybercrime Sector has been established at the structure of the General Prosecution Office. In June 2014, prosecutors and judicial police officers were appointed to attend cybercrimes in the Prosecution Office of Judicial District of Tirana, Durrësi, Elbasani, Vlora, Fieri, Shkodra, as well as the Prosecution Office for Serious Crimes in Tirana, when Cybercrimes are committed by criminal organizations, structured groups, etc.
Indicators on the fight against organized crime
Illegal trafficking
Fight on the prevention and combating of illegal trafficking is based on inter-structural and institutional coordination in these levels: within the police agency (cooperation with other services (structures) of the State Police), between other national law enforcement agencies (but also other non-law enforcement agencies) and the international level (with law enforcement agencies or not).
Statistical data evidenced by the structures against illegal trafficking and border police:
During 2013 cases of illegal trafficking were recorded as follows: 413 cases of illegal trafficking, with 454 offenders, 75 of them arrested, 337 prosecuted while free, 28 perpetrators declared wanted and 14 detained.
Comparing these two periods, there is an increase of 128 cases and 309 persons preceded more and 147 persons arrested more.
Police operations against illegal trafficking:
During 2014, 41 police operations against illegal trafficking were carried out, where 176 offenders were identified, out of who 148 arrested, 12 detained, 15 prosecuted while free, and 1 person declared wanted.
The police operations conducted during 2014 are as follows:

  • 6 operations for “Facilitation on illegal border crossing”, with 31 offenders, out of which 22 have been arrested/detained, 1 person proceeded while free.

  • 13 operations for “Trafficking of arms and munitions”, with 58 persons as offenders, out of which 54 arrested and 4 declared wanted.

  • 1 operation for “Trafficking of persons”, with 1 person arrested.

  • 2 operations for “Trafficking of women”, with 5 persons arrested and 2 proceeded while free.

  • 1 operation for “Trafficking of the works of art and culture”, with 3 offenders arrested.

  • 17 operations for “Exploitation of prostitution in aggravating circumstances, exploitation of prostitution, use of premises for prostitution and exercise of prostitution”, with 61 offenders, out of which 51 arrested in the act, 9 prosecuted while free and 1 person has been declared wanted.

  • 1 operation for “Trafficking of motor vehicles” with 3 offenders prosecuted while free.

There are 23 more operations carried out during 2014 compared to the same period of 2013. The number of people involved in illegal trafficking during these operations is increased by 81. The number of people arrested and detained is also higher during this period with 100 people more compared to 2013.


Referring to data from prosecution office on illicit trafficking, the proceedings registered in 2014 were decreased with 8% regarding illicit trafficking, compared with year 2013. Thus, criminal proceedings registered for the criminal offense provided for in Article 141/a of the Criminal Code "Trafficking of motor vehicles", were decreased in 2014 with 9%, compared with 2013, criminal proceedings registered for the offense provided for in Article 110 /a of the Criminal Code "Trafficking in Individuals" were increased in 2014 with 77%, compared with 2013, and criminal proceedings related to the offense provided for in Article 283 /a of the Criminal Code "Drug trafficking", were decreased in 2014 with 17%, compared with year 2013.
Criminal groups dismantled
During 2014, 8 criminal groups involved in illegal trafficking were dismantled; 32 people were identified as members of these criminal groups, of whom 27 arrested, 4 prosecuted while free and 1 declared wanted. Compared to 2013, there is an increase in the number of criminal groups dismantled (3 groups more) and in the number of people identified as members of these groups (11 people arrested more).
International operations
During this period, 4 operations were carried out by the structures against illegal trafficking in cooperation with international partners, where 12 people were identified as involved in illegal trafficking, out of which 9 arrested and 3 prosecuted while free. While performing these operations, the target has been traffickers involved in criminal activities in Albania, Italy, England, Switzerland and Germany.
Operations carried out in cooperation with police counterparts in different countries compared to the same period of 2013, show that there is a similar level of international cooperation.
Trafficking of Human Beings
The State Police has referred a total of 60 of trafficking in Persons, 8 cases more than in 2013:

  • 58 cases “Exploitation of prostitution” Article 114 of CC;

  • 11 cases “Trafficking of minors” Article 128/b of CC; (10 in 2013);

  • 49 cases “Trafficking of adults” Article 110/a of CC (11 in 2013).

  • 22 offences more have been identified;

  • 94 perpetrators more detected;

  • 40 more arrests and 5 detained more than in 2013.


Data from the Prosecution of Serious Crimes
During 2014, 7 cases of trafficking in persons have been sent to the Court of Serious Crimes (1 case in 2013), with 15 defendants.
The number of perpetrators is 34. 9 perpetrators have been sent for trial accused of Trafficking in Persons at the Court of Serious Crimes. There is no reported case where convicted traffickers were not punished with imprisonment.
Data from the Court of Serious Crimes
During 2014, CSC has issued 7 criminal decisions for the offense of “Trafficking of Adults”, “Trafficking of women” and “Trafficking of minors”.
10 people have been convicted, of whom 6 have been sentenced ranging 5-10 years of imprisonment and 4 of whom have been sentenced ranging 10-25 years of imprisonment. 2 are females from these 10 convicted people.
Date on victims/potential victims of trafficking
For 2013

  • Total number of VT/PVT – 95

  • Number of adults – 52

  • Number of minors – 43

For 2014


  • Total number of VT/PVT-125

  • Number of adults – 63

  • Number of minors – 62.



Investigation of criminal assets
One of the main priorities of the police structures has been the fight against criminal assets.

During 2014, the police structures have been faced with a dynamic work regarding property verification which was carried out for 5241 subjects and members of their family. (Throughout 2013, 2056 subjects and their relatives have undergone checks). As a result, during this period 80 materials are referred to the Prosecutor of Serious Crimes to initiate the proceeding against 94 subjects, versus 79 materials that were referred to the Prosecution in 2013.


Oriented by the Serious Crimes Prosecution in many cases there have not been made property references as criminal proceedings were followed by it, but property verifications have been conducted and materials are sent in the form of reports or requests to the Prosecution of Serious Crimes. In total the Sector of Criminal Assets sent 226 letters and statements on property verifications to the Prosecutor of Serious Crimes carried out by local structures. Also, the large volume of checks has resulted in a high number of decisions on seizure and confiscation data from the Serious Crimes Court. Also the high number of decisions is associated with a series of verifications that have started during 2013. Concretely:
Seizures
During 2014, 16 seizure decisions are issued by the First Instance Court of Serious Crimes under anti-mafia law. The total value of seized assets amounts to about 7,465,675.00 EURO. For the same period a year ago there were only two seizure decisions of a real property (rated by AAPSK) and two bank accounts amounting to 551.700 Euro.
SEIZURES (decisions & values)

SEIZURES (properties and their forms)



Confiscations


During 2014, the Court of Appeal for Serious Crimes issued 5 confiscation decisions, a property amounting to 1,072,400 EUR and 5 real estate (land) in Durres district with a surface of 17,100 m2 (not included in the above-mentioned value). While for the same period a year ago the Court of Appeals for Serious Crimes has issued 4 confiscation decisions in total assets amounting to EUR 747,000.

CONFISCATIONS (decisions & values)



Confiscations (properties and their forms)







Criminal Assets January – November 2014

SEIZURES

CONFISCATIONS

Bank accounts

Vehicles

Real Estates

Bank accounts

Vehicles

Real Estates

30

15

24 & 2 business activities

5

0

14

Criminal activities January – November 2013

Bank accounts

Vehicles

Real Estates

Bank accounts

Vehicles

Real Estates

2

0

1

4

0

2 & 2 business activities
1   2   3   4   5   6   7   8   9   ...   25


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©atelim.com 2016
rəhbərliyinə müraciət