DRUGS AND ORGANISED CRIME IN THE UN AND EU.
PRINCIPAL BODIES AND ACTIONS - THE GREEK POSITION
Transnational organised crime, trafficking, corruption and terrorism constitute major world problems, which are compounded by deficient border controls, new technologies and the increased mobility of people, capital and business.
Organised crime has become globalised on a similar scale to trade and communications and is in a position to exploit the weaknesses of the international financial system. Over the last 15 years organised crime has increased dramatically and adapts rapidly to new conditions, thus it is able to effectively overcome any new counter-measures. The cost of corruption to companies is estimated at 1 trillion dollars. The profits of illegal drug trafficking circles are estimated at 500 billion dollars. Trafficking in human beings and the misery it causes show that slavery has still not been abolished in the 21st century. It is estimated that in 2004, 1 million people fell victims to trafficking. The exploitation of migrants and facilitation of illicit migration comprise an equally important aspect of organised crime. As is also the case in trafficking, these are frequently silent crimes, because despite the damage and misery caused, they are not as dramatic as is terrorism, for example, and therefore not sufficiently covered by the media. Terrorism and the terrorist threat, crimes without borders, are causing an ever- increasing number of victims and threaten the cohesion of societies. Older and newer forms of crime, such as arms smuggling, money laundering, illicit trading in nuclear materials, illicit trading in works of art and the trafficking of human organs often comprise specialised activities by criminal groups.
Where economies and societies are affected by criminal activities, international peace, development, and justice are at risk, as are as the prospects for economic growth, good governance and the promoting of human rights. The High Level Panel Report and the recent Report of the UN Secretary General entitled In Larger Freedom: Towards Development Security and Human Rights for All, which will comprise the main text on which the effort to reform the UN will be based during the High Level Meeting in September 2005, describe organised crime as one of the most important threats to international peace and security.
If organised crime is to be prevented and tackled, it is essential that an international legislative battery be effectively implemented (mainly: the three international Conventions against drugs, the Palermo Convention on transnational organised crime and its three Protocols, the United Nations Convention against corruption, the 12 universal Conventions against terrorism) and the capacity and operating methods of the law enforcement authorities improved. The same applies to the relevant Conventions, initiatives and measures adopted at regional level.
The International Community therefore views as a priority the accession of all UN Member States to all international Treaties against organised crime and individual aspects thereof, as well as their implementation.
I. INTERNATIONAL AND REGIONAL ORGANISATIONS
A. The UN
The UNODC (United Nations Office on Drugs and Crime), the principal body against illicit drugs and international crime was established in 1997, its remit being to assist UN Member States in combating drugs, crime and terrorism.
In 2002-2003, the UNODC became the sole body against drugs and crime. The new UNODC lays great store by informing the public about the risks of drug use, reinforcing international collaboration against illicit production, trafficking and related crimes, through programmes for alternative development, control of illicit crops and programmes against money laundering. The UNODC is continuing to compile reliable statistics and provide assistance on legal and legislative issues through special programmes, whilst intensifying its efforts against transnational organised crime and international terrorism.
Three Greek international civil servants work at the Office.
Link: http://www.unodc.org/unodc/index.html
The CND or Commission on Narcotic Drugs is a Commission of the UN Economic and Social Council and comprises the central policy making and operations coordinating body within the UN on drug- related matters. The Commission analyses the world drug situation and shapes proposals for drugs control. The Commission is also entrusted with duties by the 3 international Conventions on Drugs and is involved in processing the national reports submitted on a two-yearly basis according to the 1998 Political Declaration on progress in dealing with the drugs issue.
Link: http://www.unodc.org/unodc/en/cnd.html
The UN Commission on Crime Prevention and Criminal Justice (UNCCPCJ).
In a sense this Commission serves as the administrative body for the Centre for International Crime Prevention (CICP) and is one of the ECOSOCs functional Commissions. The Draft Resolutions submitted by the Commission that are adopted by the ECOSOC provide the guidelines for the CIPCs work.
Link: http://www.unodc.org/unodc/en/crime_cicp_commission.html
B) THE EUROPEAN UNION
Horizontal group cross-pillar in nature)
The Groups work entails on the one hand evaluating at senior level the Conclusions from the experts level Working Groups, and on the other hand drawing conclusions, which then lead to the elaboration of the Community Action Plan.
The EU Action Plan (2000 2004) sets specific goals for the European area, related to reducing demand, restricting illicit imports and trafficking in general, as well as the treatment, rehabilitation and social reintegration of users.
European Monitoring Centre on Drugs and Drug Addiction - (EMCDDA)
This is an auxiliary body based in Lisbon, which studies at expert/ Member State representative level the techniques used for gathering information, the reliability and comparability of the data in all fields of action against drugs. The conclusions of its work are codified annually in Reports which comprise useful aids in drafting community policy.
C) THE DUBLIN GROUP
This group is an independent and informal international body. It was established in 1990 by the then 15 members of the EU, as well as the US, Canada, Australia, Japan and Norway.
The Group has adopted an information gathering and evaluation mechanism for the situation prevailing internationally and in each country, which is undertaken by the Member States in the Group through their local diplomatic Authorities.
Greece holds the presidency of the Balkans Middle East Regional Group. The meetings of the central Group are convened shortly before the meetings of the Conference of donor countries, to ensure that the priorities from the Dublin Groups Recommendations are taken into account in the compilation of the investment programmes. Throughout its work the Dublin Group takes account of the acquis of the other international bodies and cooperates closely both with the UNODC, which participates as an advisory body in its work, and other jointly competent regional bodies.
II INTERNATIONAL LEGAL FRAMEWORK
Single Convention on narcotic drugs, 1961
The convention codifies, for the first time, the internationally applicable control measures and sets general goals for limiting the use of drugs and psychotropic substances exclusively for medical and scientific purposes, so as to avoid their illicit distribution and trafficking. Finally, it establishes the independent International Narcotics Control Board. Greece ratified this Convention in 1972 and the Amending Protocol thereto in 1985.
Convention on Psychotropic Substances, 1971
The Convention established an International Control System for psychotropic substances and in particular introduced controls over a number of synthetic drugs which, whilst being of high therapeutic value, also display high abuse potential. Greece ratified the Convention in 1976.
International Convention against the illicit traffic in narcotic drugs and psychotropic substances, 1988
This Convention seeks to promote collaboration among Member States in order to effectively tackle trafficking in drugs and psychotropic substances, as well as money laundering. The Convention requires Member States to take legislative measures (e.g. criminalisation of the production / manufacture and trading of drugs, as well as confiscation of property), social measures (e.g. rehabilitation, education, social reintegration of users). This is an innovatory Convention in that it is the Convention itself which comprises the legal basis for the extradition of the wanted person in the event that no bilateral extradition agreement has been signed. Greece ratified the Convention in 1992.
The UN Convention on transnational organised crime (Palermo, 2000) and its three additional Protocols on the prevention, repression and punishment of trafficking in human beings and particularly women and minors, the prevention and punishment of facilitating illegal migration and the illegal manufacture and trading of small firearms.
The Convention examines organised crime of all forms as regards its transnational nature, i.e. where the preparation and execution of the crime pertains to more than one country, as well as where the organised groups of criminals tend to act in many countries. The Convention sets out the details for international collaboration in the areas of interrogation, prosecution and extradition in cases of money laundering, corruption and obstruction of justice.
UN Convention against corruption
The Convention was signed at Merida, Mexico, in 2003 and pertains to the consequences of corruption on political, social and economic stability and the development of societies, and ways of combating it. The high attendance at the related conference and the strong political commitment of the states are evidence of the gravity of the problem and the need for immediate action to be taken.
B. EUROPEAN UNION
EU General Strategy and Action Plan (2000 2004)
The Helsinki European Council (December 1999) adopted the EU General Strategy against drugs for 2000-2004.
The Feira European Council (June 2000) approved the EU Action Plan against drugs, which further analysed individual community actions and those measures to be taken by the Member States.
The new EU strategy against drugs (2005 2012)
The new EU strategy on drugs (2005 2012) which was ratified at the Summit on 17.12.2004 followed on from the previous strategy and once again stresses the reduction of both demand and supply, as well as issues of international collaboration and investigation, information and evaluation. The new strategy underlines the role of the Horizontal Drug Group in the issue of coordination, it being expected to coordinate the actions of the EU with international organisations and other partners.
III. GREECES ACTIONS
A. Greece actively participates in the work of the highest bodies of the UN and EU, and has ratified most of the related international Conventions, whilst having incorporated the community acquis into its own domestic legislation. Moreover, Greece has already formulated its own national strategy on drugs, which was codified in the Greek Action Plan compiled by the competent inter-ministerial body chaired by the Prime Minister (876/Government Gazette 1389/Vol. B/22.10.2001) The role of monitoring its application was assigned to the Organisation against Drugs (O.KA.NA. - L.2955/Government Gazette 256/Vol. /02/11/2001)
Finally, Greece has built up a significant network of bilateral agreements on police collaboration, which covers all forms of organised crime.
On a regional level, Greece participates in the Bucharest Task Force - Regional Anticrime Centre in the framework of the SECI (South-ast European Cooperation Initiative), as well as the Adriatic and Ionian Initiative and the Round Table on police cooperation in issues of organised crime .
B. The Greek Presidency of the EU
The Greek Presidency of the EU during the first half of 2003 which saw the completion of the mid-term evaluation of the EU Action Plan prompted Greece to take on a more active role and participate more dynamically in related EU efforts.
The following are some of the points worthy of note from the Greek Presidency:
- The Athens Conference (6-7/03/2003) towards a more effective European policy against drugs.
- The Greek proposal for an action plan between the EU and the Western Balkan states and candidate countries (Bulgaria, Rumania, Turkey), which was accepted by the Council of Justice and Home Affairs (5-6/06/2003).
- The contribution to the Commissions summit on drugs and related international meetings.
- The active contribution of Greece to the work of the Dublin Group. During the Plenary meeting of the Group which was organised in Athens (10/06/2003) the Greek Minister of Foreign Affairs called upon the EU amongst others to promote an open dialogue on drugs in which civil society, the academic world and NGOs would participate.
THE UNITED NATIONS CONVENTION AGAINST CORRUPTION
The United Nations Convention against corruption was signed in Merida, Mexico, in 2003. The main elements of the Convention are the following:
A. Preventive measures (chap. II)
Prevention occupies a key place in the Convention, with provisions for special measures, policies and practices against corruption, in both the public and private sectors, with special control mechanisms and codes of conduct for civil servants, special provisions for the law enforcement agencies and prosecuting authorities and the participation of civil society. More specifically, the following issues are addressed:
- Developing policies and practices against corruption (art. 5)
- Creating special anti-corruption bodies (art. 6)
- Rules for appointing and monitoring civil servants (art. 7)
- Codes of conduct for public officials (art. 8)
- Public procurement and management of public finances which must be performed in a transparent manner, in accordance with the rules of competition and objectivity (art. 9)
- Special measures for the judiciary and the prosecuting services (art. 11)
- Participation of the private sector and civil society (art. 12 13)
- Measures for the prevention of money laundering (art. 14)
B. The Criminalisation of corruption and law enforcement (chap. II)
The criminalisation of acts of corruption also holds an important place in the Convention: Apart from the classical forms of corruption, Member states are also required to criminalise new types, such as trading in influence and laundering the proceeds of corruption. They are also required to suppress related criminal acts to obstruct justice. The Convention also mentions corruption related to the private sector. It addresses in particular:
- Issues of bribing national public officials (art. 15)
- Bribery of foreign officials or officials of international organisations (art. 16)
- Misappropriation of public resources by public officials (art. 17)
-Trading in influence (art. 18)
- Bribery and embezzlement in the private sector (art. 21-22)
- Laundering the proceeds of crime, concealment of proceeds of crime and obstruction of justice (art. 23-25)
- Freezing and confiscation of assets derived from corruption (art. 31)
- Protection of witnesses, experts and victims (art. 32-33)
- Cooperation of individuals with law enforcement authorities, between national authorities and the private sector (art. 37-39)
C. International collaboration (chap. IV)
The contracting parties, in accordance with the Convention, shall cooperate in issues of corruption, including prevention, investigation and prosecution of the offenders (art. 43, 48, 49, 50). More specifically, they shall proceed to extradite the offenders within a clearly defined framework (art. 44) and shall provide mutual legal assistance which is exhaustively analysed in the longest article of the Convention (art. 46).
D. Recovery of assets derived from corruption (chap. V)
The recovery of assets derived from acts of corruption also occupies a large part of the Convention and constitutes a fundamental principle thereof. This provision is particularly important for developing countries which have a greater need for the resources lost. Just as important is chapter V on issues of detection, international cooperation and defining the beneficiaries and return of confiscated assets. The following points are stressed in particular:
- Ways of preventing and detecting the proceeds of crime are mentioned in art. 52
- Means for the direct recovery of the proceeds of corruption (art. 53) and mechanisms for related international cooperation (art. 54)
- Art. 57 deals with issues related to the return and disposal of the proceeds of corruption to their legitimate beneficiaries.
Report from the High Level Panel on transnational organised crime
The findings and recommendations of the High Level Panel on transnational organised crime, as formulated in its Report submitted in December 2004, are as follows:
- Transnational organised crime comprises an important threat to states and societies and combating it contributes, inter alia, to preventing and resolving domestic conflicts, weapons proliferation and preventing terrorism.
- The illicit production and trafficking of drugs is one of the main actions of transnational organised crime with revenues ranging from $ 300 500 billion annually. Not only does illicit production and trafficking in drugs threaten the economic growth of states and the operation of the rule of law, it also leads to the spread of AIDS and the funding of terrorist activities.
- The fight against organised crime and corruption has not been effective so far due to lack of cooperation between states, insufficient coordination of the competent international organisations, and inadequate compliance with international obligations by many countries.
- More specific measures for tackling organised crime are required during and after armed conflict.
- Organised crime operates in flexible networks, with no organised hierarchy, which renders tackling it more difficult.
- The international legal battery against organised crime needs to be consolidated and reinforced. The UN Member States must accede to the United Nations Convention, both against transnational organised crime and its three Protocols, as well as the 2003 Treaty against Corruption, and reinforce the UNODC.
- A central agency must be established in order to facilitate the exchange of evidence between the competent national services, mutual legal assistance and the implementation of extradition procedures.
- An effective strategy for weakening organised crime is to preclude the possibility of money laundering, which runs into billions of dollars each year- for 2000 it is estimated that between 500 and 1.5 billion dollars were laundered. Given these facts it would be worthwhile having an international Agreement against money laundering.
- The UN Member States must take immediate measures against illicit trafficking in human beings, which is one of the most heinous forms of organised crime.
- The UN must contribute to extending technical assistance between Member States and the competent law enforcement bodies, in order to ensure that the victims of illicit trafficking are protected and supported.
The Millennium Declaration and related reports. Reports on transnational organised crime.
1. The Millennium Declaration (/RES/55/2/2002) includes the following amongst the goals to be pursued by the international community:
- Reinforcing efforts in order to implement the commitment to tackle the global drugs problem.
- Reinforcing efforts against transnational organised crime including illicit trafficking in human beings and money laundering.
2. Moreover, the Roadmap towards the implementation of the UN Millennium Declaration (A/56/326/2001) includes the above goals with the following additions:
- A reference to adopting the United Nations Convention against transnational organised crime and its three protocols a) against trafficking in human beings particularly women and children, b) on facilitating illegal migration, c) on the illegal manufacture of and trafficking in firearms.
- A reference to the estimated proceeds from transnational organised crime, which now uses modern methods such as new technologies, and is turning to new forms of crime such as trafficking in human beings.
- A reference to the risks represented by corruption for the rule of law, good governance and development.
- A reference to the relevant strategies which need to be implemented, such as the entry into force of the UN Convention on transnational organised crime, an investigation into the complex aspects of cyber crime and a strengthened reference to relevant international cooperation, combating money laundering and incorporating programmes and practices on crime prevention and criminal justice in peace missions.
3. In the most recent and comprehensive report of the UNSG on the Implementation of the Millennium Declaration (/59/282/2004) the main references to combating transnational organised crime were as follows:
- Since the end of the Cold War there has been an increase in transnational crime which has had an adverse effect on peace, development, democracy, good governance and human rights. The links between organised crime and corruption and terrorism pose a significant threat to global security.
- Organised criminal groups have adapted to the new international reality of globalisation, new technology, the internet and international banking practices and frequently hide behind legitimate activities.
- One of the principal activities of transnational organised crime continues to be drug trafficking, but also trafficking in other materials (works of art, nuclear waste, etc.) and, worst of all, trafficking in human beings. Another persistent characteristic of organised crime is violence or the threat of it.
- Protracted armed conflicts facilitate the growth and activities of transnational organised crime.
- Transnational organised crime frequently acts through regular channels and uses legitimate enterprises. Moreover, the proceeds are invested in legitimate business. This distorts the smooth functioning of trade and the economy.
- Organised criminal activity in developing countries mainly affects the poorest and allows criminal groups to exert a decisive influence on administrative and government structures.
- The acquisition of political influence and power by criminal groups leads to corruption and the problematic functioning of the state.
The relationship between organised crime and terrorism needs to be taken into account, as has already been underscored by the Security Council in its resolutions.
- The nature of transnational organised crime makes it imperative that the problem be tackled globally and collectively. The aforementioned UN Convention against organised crime comprises a key tool to this effect.
- A further important step is the adoption of the UN Convention against corruption (2003) and the stress it places on prevention.