EUROJUST - Working with Liaison Magistrates, The EJN

Report
Influencing
• European Arrest Warrant
• Joint Investigation Teams
• Terrorism
• JHA Council Decisions of December 2002 & March 2004
• Annual Report 2003
– Eurojust to Report to JHA Council by end May 2004
• Decisions on Jurisdiction
• Working with ‘Third’ States
• Need for clarity & a “joined-up” approach
– Eurojust, EJN, Europol, PCTF, OLAF
Key Partners
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Domestic Competent Authorities
EJN (European Judicial Network)
Europol
Liaison Magistrates
OLAF (Office pour la Lutte Anti-Fraude)
EU Candidate Countries
Other Countries Contact Points:
• USA, Norway, Canada, Switzerland, etc.
Casework Examples
• Two Human Trafficking Cases
• Case A - UK France
• Case B - France Spain Bulgaria & Albania
Case A (i)
• Human trafficking case
• Sophisticated network moving people from
Indian sub-continent into the EU
• Collection point in France for movement to
the UK
• Separate enquiries in France and in England
Human
Trafficking
Case A
Case A (ii)
• UK and France investigators/prosecutors met at
Eurojust in The Hague on 4 November
• Discussed their linked investigations
– in France;
• Orcriest - Commissioner and Police Captain and
• Examining magistrate from Bobigny in Paris
– in England
• NCS - Telford
• CPS at Casework Directorate in Birmingham
Case A (iii)
• Objectives
– Ensure effective co-ordination of both cases
– Facilitate execution of Letters of Request
– develop future strategy and actions
• Overview of both enquiries
• Exchange of information and state of play
on investigations in each jurisdiction
• Preparation of draft letter of request
• Evidential requirements
Case A (iv)
• Evidential requirements
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Did draft request meet French legal criteria
the form the material was to be sent to UK
telephone billing and subscriber checks
Possibility of English investigators using
French telephone intercept material as evidence
in the English prosecution
Case A (v)
• Also agreed
– Arrests to take place in France on agreed date
– Interviews of any defendants to take place in
England or France: English and French
investigators to be present
– Further meeting at Eurojust in early 2004 to
exchange information on progress and to decide
on any future co-operation and action
Human
Trafficking
Case B
Case B
• Involving France (Paris & Perpignan) and
Barcelona in Spain and trafficking of women
(mainly minors) for prostitution from Romania
by Albanian crime gangs
• Facilitation of evidence collection in Romania
and Albania
• Evidence relating to forgery and use of false
French passports
• Denunciation of prosecution by the Romanian
authorities
The Future ?
• Medium Term and Long Term Plans
– Focus: key criminal conduct cross-border
– Regular Meetings - Operational & Strategic
• Terrorism, Trafficking Human Beings & Drugs, Fraud &
Money Laundering
• Joint Investigation Teams - a monitoring role ?
• Follow up suggestions made at meetings
– No enough to bring people together - must add value
– Work to remove MLA Blockages
• Must deliver good results consistently
• not just good stories
- The Role and Work of Eurojust Combating International Crime
and Adding Value
Mike Kennedy
President of the College of Eurojust
National Member for the United Kingdom

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