Danilovgrad, MN, RESPA, 26-27 September 2013 Cross Border Crime (Trafficking in Human Beings, Illicit Drugs) and International Legal Assistance Danilovgrad, MN, RESPA, 26-27 September 2013

1. What is EULEX Operational since 2009; EU Joint Action of 2008; Executive rule of law executive and strengthening of justice system by supporting the local counterparts: courts, Prosecution Service in prosecuting and adjudicating the sensitive cases, Strengthening mentoring, monitoring and advising (MMA) to local police, customs, border management and an administration;

EULEX Mission

HoM Amb. Borchardt

2. Executive tasks 1. SPRK – Special Prosecution Office of the Republic of Kosovo

Courts

Police Customs

3. SPRK Law on SPRK (No 03/L-052) 13 March 2008 - exclusive competences (Article 5) - subsidiary competences (Article 9) – if in interest of investigation, - trafficking in persons included when in organized form and connected with other crimes, 16 International Special Prosecutors: UK, US, PL, PO, CZ, Local Special Prosecutors

4. Prosecution Units Mobile Team – Prosecutors and legal officers dealling with cases across the country, Mitrovica Task Force – EULEX Prosecution Office in Mitrovica,

5. Competences Organized crime: a) criminal, b) corruption, c) financial fraud and misappropriation, d) THB, e) other forms, 2. War crimes 3. Terrorism

6. Casework on THB Case with Switzerland - smuggling persons, post office robbery in Lausanne, well prepared evidence and good co-operation with SPRK and KP and Swiss authorities, Case with France, Germany – “Fitmahu project”, smuggling of immigrants from Syria, Turkey and Libya; extensive and simultaneous arrests of 103 persons and searches in 10 EU countries; SPRK, Kosovo Police and EUROPOL engaged,

7. Practical problems Lack of direct evidence due to: a) witness intimidation – need for protection,

7. Practical problems (cont.) b) lack of willigness to co-operate,

7. Practical problems (cont.) 2. Lack of other evidence,

7. Practical problems (cont.) 3. Cumbersome and lenghty ILA, 4. Poor co-operation of KP with Serbia, 5. High level of professionalisation of criminals, 6. Low level of intelligence sharing with European police services

7. Practical problems (cont.) 6. Changing modus operandi, 7. Poor operative checks,

7. Practical problems (cont.) 8. Cumbersome procedures to obtain covert measures, e.g.: covert observation, wiretapping, (limited competences of Prosecutors for autonomous actions),

8. Remedies Better co-operation between Prosecution Services and police services, Facilitation of international co-operation, More training for prosecutors and judges, Raising awareness among the target groups, Co-operation with NGOs and other stakeholders, e.g. Caritas Kosovo and street workers, Exchange good practices and experiences in fight THB,

9. Kosovo specifics Country of origin and transit for smuggling the persons, High level of organizational set-up Hermetic structures Well established criminal groups in the EU High profits from THB Use of poor border controls and guarding in Kosovo Use of counterfeited documents – EU passports (above 5000 Euro), visas (ca. 2000 Euro) Extensive co-operation with Serbian OCGs

. Thank you for your attention. Robert Kucharski EULEX Special Prosecutor SPRK, Pristina robert.kucharski@eulex-kosovo.eu