ensuring successful prosecutions (the eu-perspective/ added value of eurojust) michèle coninsx...

15
ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor General Liverpool, March 4 th 2008

Upload: sydney-barrett

Post on 18-Jan-2018

223 views

Category:

Documents


0 download

DESCRIPTION

AIMS  Improve co-operation between Competent Authorities in Member States  Bring better co-ordination of cross-border investigations and prosecutions  Exchange of information  To make recommendations to change laws to improve MLA & Extradition arrangements

TRANSCRIPT

Page 1: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

ENSURING SUCCESSFUL PROSECUTIONS

(THE EU-PERSPECTIVE/ADDED VALUE OF EUROJUST)

Michèle ConinsxVice-President Eurojust

National Member for BE, Deputy Prosecutor GeneralLiverpool, March 4th 2008

Page 2: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

EUROJUST ?27 EU PROSECUTORS / JUDGES

More Effective Co-ordination & Co-operation

Page 3: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

AIMSAIMS

Improve Improve co-operationco-operation between Competent between Competent Authorities in Member StatesAuthorities in Member States

Bring better Bring better co-ordinationco-ordination of cross-border of cross-border investigations and prosecutionsinvestigations and prosecutions

Exchange of informationExchange of information To make recommendations to change lawsTo make recommendations to change laws

to improve MLA & Extradition arrangementsto improve MLA & Extradition arrangements

Page 4: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

JUDICIAL CO ORDINATION OFFERS FORUMFOR:FOR: Discussion about Discussion about admissibility of evidenceadmissibility of evidence Verification of opportunity to launch Verification of opportunity to launch

simultaneous evidence gatheringsimultaneous evidence gathering Discussion about appropriate or Discussion about appropriate or best best

jurisdictionjurisdiction Verification of opportunity to establish a Verification of opportunity to establish a JITJIT Information of practitioners about Information of practitioners about best best

channels / instruments channels / instruments of the obtainment of of the obtainment of evidenceevidence

Page 5: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

2 CASE ILLUSTRATIONS

- OPERATION KOALA- OPERATION SKANDERBEG

Page 6: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

OPERATION KOALA• AIM

to present Eurojust’s involvement and added value in a case concerning child abuse on the internet

• STRUCTURE- Background- Coordination meetings at Eurojust- Obstacles encountered- Joint press release and Results- Future of the case

Page 7: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

BACKGROUND• Video tape containing child pornographic

material linked to Belgium• Persons involved:

- Belgian father abused his 2 daughters- Italian national was photographer & video producer(had a studio in Ukraine and owned a website for child pornographic purposes)- US citizens were customers/clients- Many customers through internet

Investigations started in Belgium and Italy

Page 8: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

COORDINATION MEETINGS AT EUROJUST IN CLOSE COLLABORATION

WITH EUROPOL• 25 October 2006• 25 April 2007• 29 May 2007• 5 November 2007: coordination meeting

& joint press releaseCoordination of investigationsSimultaneous, coordinated actions in all countries involvedExchange of information: gathering of sufficient information for prosecution

Page 9: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

COORDINATION MEETINGS AT EUROJUST

• MAIN DECISIONS:- Time frame for investigations/actions

May ’07 – Sept. ’07 - Identification of targets - Arrests- Interrogations of suspects- Seizures

- Common media strategy

Page 10: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

OBSTACLES ENCOUNTERED• Deadline for finalising the common actions

had to be postponed• Some countries did not finish their

investigations and therefore could not be in the joint press release

• Some countries did not want to be in the joint press release

• Leakages to the media before joint press conference

• Information received by EJ & EP was not always coinciding

Page 11: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

JOINT PRESS RELEASE AND RESULTS

• Newspapers, radio, TV from at least 15 different countries + press agenciesfollowing 3 days worldwide coverage of the case

• 16 countries provided results to the press:- 2500 targets identified- 93 arrests until November 5th- Thousands of videos and photos found- Hundreds of computers seized

Page 12: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

OPERATION SKANDERBEG• FACTS

- Transnational Albanian criminal network- Operating in BE, DE, FR, IT, LU, AT, NL, UK- Involved in drug trafficking, trafficking in

human beings, prostitution, money laundering,

trafficking in illegal arms and stolen vehicles,

organised burglaries

Page 13: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

• ACTIONS - Facilitation of execution of letters of request (LOR)- 2 coordination meetings:

- exchange of information discovering of central role of certain persons in drug traffic- close involvement of Europol coordinated approach police investigations & prosecutions- simultaneous actions in 6 countries

- Joint EJ – EP press release

• OUTCOME- Destabilisation of the group in BE- Decrease of organised thefts & cocaine seizures at

border- Arrests- Seizures of drugs, weapons, money, stolen objects

Page 14: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

ADDED VALUE OF EUROJUST• Exchange of information/LOR’s: quick, time

saving• Coordinating actions in several countries• International cooperation (multilateral):

forum bringing together all involved parties (prosecutors, police authorities, investigators, Europol,…)

• Better overview/more information for prosecution• Common media strategy:

avoid jeopardising ongoing investigations

Page 15: ENSURING SUCCESSFUL PROSECUTIONS (THE EU-PERSPECTIVE/ ADDED VALUE OF EUROJUST) Michèle Coninsx Vice-President Eurojust National Member for BE, Deputy Prosecutor

Michèle ConinsxVice-President Belgian National Member EUROJUST

Tel 00 31 70 412 51 20Fax 00 31 70 412 51 [email protected]

Maanweg 174NL - 2516 AB The HagueThe Netherlandswww.eurojust.europa.eu