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
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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
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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
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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
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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
12.45 p.m. suspect died in
the hospital
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
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!5S-58),
unnärirea tainicä fiind intrerupti.
..accepted as evidence by courts?
Cross-border cooperation in EU
Lessons learnt – Results?
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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 (ldHk)
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?
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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 CoM 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
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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
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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
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Sustainable national coordination and cooperation for Law Enforcement
process (Police and Judicial cooperation)
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Sustainable capacity development to effectively investigate and prosecute
serious crime
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Pro-active regional and international cooperation (need to share policy)
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Local ownership (no external implementation – if needed with support from
outside)
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Balance between sources and aims („what is implementable?“)
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Establishment of problem-solving capacities (Networks– strengthening of the
„regional ownership“)
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Efficient cooperation with Partners (Principle to avoid „Projektitis“ and
“Edukatitis”)
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Development of practical operational (regional) cooperation
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Adaption to EU Standards (?)
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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!
[email protected]
http://www.pccseesecretariat.si/