1. Strategic Project on Eurojust’s action against Trafficking in Human Beings
Lukas Stary
National Member for Czech Republic
Contact Point for Trafficking in Human Beings
The Hague, 11 February 2013
Case Analysis Unit

2. The Eurojust THB Strategic Project - 2012
Main aims of the project
Improve cooperation in the fight against THB;
Intensify efforts in prosecuting THB at national level;
Enhance the involvement of Eurojust in THB cases.
Scope
The project findings are based on:
Analysis of casework (29 THB cases with CMs)
Replies of all MS, HR and NO to a THB Questionnaire
Outcome of the Eurojust strategic meeting on THB
Case Analysis Unit

3. Eurojust THB cases in %
Case Analysis Unit

4. Eurojust THB cases

5. Purpose of trafficking (2008-2011)
Case Analysis Unit

6. Main issues identified by the project
Evidentiary difficulties in THB cases
Problems in the identification of THB cases and victims
Problems related to the multilateral dimension of THB
Lack of knowledge and experience in THB
Asset recovery

7. 1. Evidentiary difficulties
Identified problems
Victims testimony difficult to obtain;
Oral evidence not corroborated by other evidence;
Judicial cooperation problematic;
Lack of resources
Proposed solutions
Protection and assistance to victims;
Non-prosecution and compensation of victims;
Use of all possible sources of evidence;
Use of financial investigations;
Involve Eurojust and Europol, and use JITs

8. 2. Identification of THB cases and victims
Identified problems
Lack of knowledge, awareness and experience;
Prosecution of less severe crimes;
Shifting modus operandi of traffickers;
Difficulties in detecting traffickers and victims;
Uncooperative and fearful victims
Proposed solutions
Education and awareness;
Specialization necessary,
Knowledge and guidelines to identify THB;
Covert investigations;
Evaluation of cases and sharing of experiences;
Involve Eurojust, Europol and Frontex, and use JITs

9. 3. Multilateral dimension
Identified problems
THB is complex to investigate and prosecute;
Focus on national dimension of the case;
Problems in judicial cooperation;
Insufficient cooperation with stakeholders;
Lack of resources
Proposed solutions
Include all States involved;
Involve Eurojust and Europol, and use JITs;
Improve cooperation with third States;
Multidisciplinary approaches;
Establish network of THB prosecutors

10. 4. Knowledge and experience
Identified problems
Lack of basic knowledge and awareness;
THB specialisation often not available;
Confusion with other crimes;
Charging crimes other than THB;
Understanding the THB phenomenon;
Proposed solutions
Training of law enforcement, prosecutors and judges is essential;
Involve experts and use experience of NGOs;
Learning by doing;
Involvement of Eurojust and Europol, use JITs;
Inter-institutional cooperation

11. 5. Asset recovery Identified problems
Asset recovery not sufficiently used;
Problems in locating and tracing assets;
Lack of resources, knowledge and expertise;
Differences in legislation;
Problematic MLA execution
Proposed solutions
Always initiate financial investigations;
Training of law enforcement and judiciary;
Use of special investigation techniques;
Involve Eurojust;
Use JITs

12. Main tools to address the problems
Eurojust:
Improves judicial cooperation
Coordination meetings
Coordination centers
Role in conflicts of jurisdiction
Cooperation with third States
Europol:
Operational and strategic analytical support
Provides emerging trends in THB
Assists to better understand and investigate THB
JITs:
Suitable and useful tools for effective investigations and prosecutions;
Offer solutions for addressing the lack of financial resources needed to proceed with the investigations

13. Convictions of traffickers, rather than just arrests.
Close cooperation between police/prosecutors.
Aiming at the highest ranks within the criminal organization.
Asset recovery affects OC significantly, thus the widest possible extent

14. Eurojust Action Plan against THB 2012-2016
Reflection of the recommendations:
Involvement of Eurojust (coordination meetings and centers) and Europol
Use of JITs
Common training sessions on THB for law enforcement and judiciary
Participation of third States in THB cases and in coordination meetings
Eurojust´s contact points in third countries
Promotion of multidisciplinary approaches and financial investigation
Encouraging asset recovery procedures in THB cases
Case Analysis Unit

15. The THB project team To show who was working on the project 
Case Analysis Unit

16. Thank you for your attention! lstary@eurojust.europa.eu www.eurojust.europa.eu