Rationale for European Initiative
Fluid borders, non-uniform legislation and the even less consistent application of any legislation allow criminals to move around to escape prosecution while keeping their assets safe from the authorities.
Two examples illustrate the need for a Pan-European solution.
1. If the Spanish police were to conduct a series of raids searching for trafficked people in brothels and "dormitories", the gang's minders would simply move their "assets" to another country such as the UK or Italy. When the Spanish police operation ceases, they move their "assets" back to carry on earning money as before.
2. In the UK assets can be seized which have been gained as a result of criminal activities. This sounds good and is at least a start. But much of the profits of crime (prostitution, benefits fraud, ATM theft, cannabis farms, debt bondage etc) is swiftly exported to the gang lords overseas. This money is then used to buy assets abroad (properties, vehicles etc) and cannot be touched.
A uniform legal structure and consistent and uniform application of the law must be introduced.
Specific recommendations in terms of substantive criminal law are included in the European Convention. The following are especially important.
Article 18 – Criminalisation of trafficking in human beings
Article 19 – Criminalisation of the use of services of a victim
Article 20 - Criminalisation of acts relating to travel or identity documents
Article 23 – Sanctions and measures - Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles 18 to 21 are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include, for criminal offences established in accordance with Article 18 when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition.
Each Party shall ensure that legal persons held liable in accordance with Article 22 shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary sanctions.
Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with Articles 18 and 20, paragraph a, of this Convention, or property the value of which corresponds to such proceeds.
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Progress of the European Approach
Despite these suggestions being so self-evidently necessary it is deeply shocking that these are legislative steps that have NOT YET BEEN TAKEN throughout the EU. An example is the fact that British authorities cannot confiscate assets proved to have been purchased with the proceeds of crime by criminals based in Europe. In a front page expose in the Sunday Times, pictures of villas in Europe were shown that were purchased with the proceeds of crimes related to Human Trafficking. These crimes include Benefits Fraud, ATM theft and the sale of cannabis.
All Party Parliamentary Groups are very good at being the "conscience" of their Government to keep reminding them to match their words with their actions. Sadly some countries do not even get as far as mouthing the words.
European countries that have signed, ratified and implemented the Convention, and date of implementation.
1 Albania 1/2/2008
2 Armenia 1/8/2008
3 Austria 1/2/2008
4 Belgium 1/8/2009
5 Bosnia and Herzegovina 1/5/2008
6 Bulgaria 1/2/2008
7 Croatia 1/2/2008
8 Cyprus 1/2/2008
9 Denmark 1/2/2008
10 France 1/5/2008
11 Georgia 1/2/2008
12 Latvia 1/7/2008
13 Luxembourg 1/8/2009
14 Malta 1/5/2008
15 Moldova 1/2/2008
16 Montenegro 1/11/2008
17 Norway 1/5/2008
18 Poland 1/3/2009
19 Portugal 1/6/2008
20 Romania 1/2/2008
21 Serbia 1/8/2009
22 Slovakia 1/2/2008
23 Slovenia 1/1/2010
24 Spain 1/8/2009
25 the former Yugoslav Republic of Macedonia 1/9/2009
26 United Kingdom 1/4/2009
The following countries have not yet incorporated the Convention into national law (although some have signed or even ratified the Convention)
Andorra-Azerbaijan-Czech Republic-Estonia-Finland-Germany-Greece-Hungary-Iceland-Ireland-Italy-Liechtenstein-Lithuania-Monaco-Netherlands-Russia-San Marino-Sweden-Switzerland-Turkey-Ukraine
European Countries that have functioning APPG's or similar
1 United Kingdom
2 Spain
3 Germany
4 Bulgaria
5 Romania
6 Lithuania
7 Latvia
8 Denmark
9 Italy
10 Poland
* Information as of 22 January 2010
