03/07/ MINISTERIO DEL INTERIOR Dirección General de la Policía Comisaría General de Policía Judicial “ ” “ The role of the Police in combatting drug trafficking in Spain: best practices ” UDYCO Central “ ” “TAIEX Workshop. Moldova. March 2016 ”

FIGHT AGAINST DRUG TRAFFICKING INVESTIGATION DRUGS ORGANIZED CRIME MONEY LAUNDERING CENTRAL

Drug investigations What makes them different: Necessity of being in the right place at the right time. (24/7) Without drug seizure, there is no crime. It generates high profits, and allows criminals to have a lot of means. High level of corruption potential. CENTRAL

ORGANIZED CRIME I Characteristics (Spanish Supreme Court): certain permanence or stability hierarchical structure division of labor execution of preconceived plans infrastructure Definition: Plurality of associated persons to commit criminal acts CENTRAL

ORGANIZED CRIME II – Also: extensive geographical area occupation of the entire distribution process not merely accidental collaborators carácter transitorio medios idóneos de gran envergadura CENTRAL

MONEY LAUNDERING At the beginning of the investigation Parallel to the main investigation Run by an specific and expert group Participation during the search warrants to find incriminating documentation or assets CENTRAL

Research techniques Intelligence Tapping and surveillance Controlled delivery Undercover Operations/Agents Informants CENTRAL

Intelligence Data bases that cross information between different Units. Spanish National Police Secretary of State for security: Policía Nacional Spanish National Police Guardia Civil Customs Vigilancia Aduanera UCIC CITCO CENTRAL

Tapping Main means of proof Current troubles:  INTERNET  Chat applications  Permanent change of phone numbers (IMEI, IMSI)  Satellite Phone CENTRAL

Controlled delivery Vienna convention 1988 (United Nations) Article 1. Definitions: g) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention, or substances substituted for them, to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 3, paragraph 1 of the Convention; Article 11. Controlled delivery: 1. If permitted by the basic principles of their respective domestic legal systems, the Parties shall take the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in offences established in accordance with article 3, paragraph 1, and to taking legal action against them. 2. Decisions to use controlled delivery shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the Parties concerned. 3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Parties concerned, be intercepted and allowed to continue with the narcotic drugs or psychotropic substances intact or removed or replaced in whole or in part. CENTRAL

Controlled delivery II (Police practices) Final decision must be made by the country where the delivery is taking place, and according with their law. Never lose the contact with the illegal load Try to install a gps in the load Replace the drug if possible Never let the load get into a place with no vision (garage, warehouse, home...) CENTRAL

Types More common deliveries on transit final destiny containers trucks, vans post mail (judicial authorization required) CENTRAL Controlled delivery III

Undercover Operation Spanish concept judicial authorization only police officers undercover identity not permitted to commit crimes CENTRAL

Foreign agents Possibility to work in other countries cooperating with local agentes Acting according with local law Can be called to trial in foreign state Agent Provocateur is not allowed in Spain!!! CENTRAL Undercover Operation II

Informants Not an undercover agent Close to crime activities Reasons to become an informant money revenge Involved in a trial Possibity to reduce the jail sentence if the information is effective CENTRAL

Informants II Best practices Informant data base Surveillance during the meetings Handler should make a report after meetings and inform his superior officer Informant statement is never enough. Must be confirmed by other ways CENTRAL

thanks for your attention Ignacio LAPORTA ÁLVAREZ BRIGADA CENTRAL DE ESTUPEFACIENTES CENTRAL