Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs

Strasbourg, 30 November 2007 P-PG-CJ(2007)20_EN

7^th MEETING OF THE

EXPERT FORUM ON CRIMINAL JUSTICE

22 and 23 November 2007

Council of Europe, Palais de l’Europe, Strasbourg

Room 10

REPORT

http://www.coe.int/pompidou

1. Opening of the meeting, adoption of the agenda and introduction of the objective of the meeting

The Co-ordinator of the platform, Ms Lidija VUGRINEC (Croatia), opened the meeting and welcomed the participants (the list of participants is set out in Appendix I). The participants, many of whom were newcomers to the Criminal Justice platform, presented themselves briefly during a tour de table.

The agenda was adopted as set out in Appendix II.

Ms Vugrinec also underlined the dual aim of the Criminal Justice meeting: Firstly, to explore the possibilities to continue work on quasi-coerced treatment and other alternatives to imprisonment on the basis of the results of the Conference that took place in Bucharest (11/12 October). Secondly, to plan a meeting on the future activities of the Criminal Justice platform.

2. Preparation of an activity on trafficking in precursors and medical products, focussing on:

- coordination issues among national agencies and

- currently uncontrolled chemical precursors/medical substances and their status while in transit;

- information exchange systems among national agencies and the private sector

- difficulties for judges to get evidence and to sentence precursor trafficking.

Ms Vugrinec recalled the decision taken at the last Criminal Justice platform meeting, to prepare an activity on trafficking in precursors paying due attention to the established competencies of the European Commission and the INCB in the field.

• The representative of the European Anti-Fraud Office (OLAF) presented the activities of OLAF and gave a brief introduction of the legislation governing the drug precursor area. He mentioned in particular articles 12 and 13 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the Council Regulation 111/2005 (which concerns trade between the community and third countries) as well as Regulation 273/2004 (which concerns internal EU trade) of the European Parliament and Council. DG TAXUD is the Directorate General responsible for Reg. 111/05 and DG ENTR is the Directorate General responsible for Reg. 273/04. He underlined the fact that these regulations were directly applicable in EU member States. They concern trade between the community and third countries. Their principle points concern documentation, labelling, record keeping, the authorisation of operators, the monitoring of exports, imports and transhipments as well as co-operation with industry. As concerns OLAF, it is responsible for all operation matters within the European Commission, for ensuring a co-ordinated approach within the EU and for assisting the member States in their investigations. Furthermore, OLAF is requested to promote co-operation between member States and inter-agency co-operation. Finally, he presented the results of operations PALLAS, TOPAZ and Crystal Flow. In conclusion, he highlighted the importance of promoting an exchange of information directly on a case by case basis, at regional co-ordination points, at international co-ordination points, inter-agency level and with industry. A seizure must be considered as a starting point for assessing the possibilities of initiating further steps, i.e. back-tracking investigations or the use of controlled deliveries.

Mr Luckett recalled the Pompidou Group’s role in the precursor field 15 years ago. Today there are intense activities in the framework of the INCB and the European Commission, with the EU playing a fundamental role in the area. It could be interesting to examine the legislation and control systems which has been set up in the neighbouring countries.

In a tour de table, participants presented the principle points of their national legislation in the precursor area, their licensing practices and the main mechanisms provided for inter-agency co-operation. The delegation of Russia presented its practice concerning markers in precursors. Participants also supported the idea of a specific activity in the area of precursors, looking thoroughly into different co-operation methods among involved law enforcement agencies as well as prosecutors and judges. The representative of OLAF recommended in particular to contact Mr Glimmerveen, a Dutch expert in the field and head of the national co-ordination agency in precursors.

As a result of the debate, the following decisions were taken: to organise a conference on co-operation and information exchange between involved law enforcement agencies as well as prosecutors and judges in the area of precursors in 2008, to set up a working party with the mandate to prepare the substance of such a conference, to contact the Dutch experts with the request to participate in the working party and to provide assistance and advice.

3. European Conference on QCT and other alternatives to imprisonment with regard to drug-dependent offenders, 11/12 October 2007, Bucharest

Mr Tim McSweeney (consultant) presented a report on the results of the above conference, including the adopted guidelines. As concerns possible follow-up activities, Mr McSweeney considered that there are a range of themes and issues around QCT provisions that are worthy of further exploration. The key theme that emerged from both the recent work by the EMCDDA on ATP and discussions during the Bucharest conference: why is QCT under-utilised in many countries?

Using this theme could provide an opportunity to consider some of the obstacles to evidence-based policy and practice, particularly given the rationale for using QCT, the endorsements given by both the UN and EU for its expansion, and the emerging evidence for its effectiveness. There is a need to explore whether stakeholders like the courts are knowledgeable about the QCT options available to them, whether the drug treatment systems in all European countries have sufficient capacity to support the expansion of QCT and whether the various stakeholders involved are committed to the QCT enterprise as an alternative to imprisonment.

In order to achieve this, a survey to explore specific (yet to be agreed) aspects of QCT provision across the 35 Member States could be mounted and guidelines describing ‘best practice’ as it relates to QCT based on the emerging international evidence could be developed. There is also potential scope for developing a future programme of training on QCT issues for key stakeholders based on any knowledge gaps identified through the survey or to disseminate the best practice guidelines that emerge from a review.

In the ensuing debate, participants supported the idea to devise a questionnaire to further explore national practices with a view to identify best practices. They agreed to set up a working group with the aim of defining and proposing possible follow-up activities for the Criminal Justice platform on the use of quasi-coerced treatment (QCT) and other alternatives to imprisonment for drug-dependent offenders. In order to achieve this aim the working group will be asked to consider the desirability and feasibility of a survey taking into account: the nature and extent of QCT provision (describing in more detail what is offered, where and to whom), whether there is a need for further training around QCT issues and questions related to measuring QCT throughputs, outcomes and recidivism. The proposals developed by the working group will be submitted for consideration at the next Permanent Correspondents’ meeting on 16/17 April 2008.

The working group should be composed of the consultant, the co-ordinator, a representative of EMCDDA, Cyprus, Norway, Romania, possibly the Netherlands or the United Kingdom and the Secretariat. A first meeting should take place in February in Paris.

4. Public awareness and perception with regard to QCT and other alternatives to

imprisonment

Participants agreed to explore this subject further once the proposals of the working group on follow-up activities on QCT issues are available.

5. Other activities to be organised by the platform in the framework of the new PG work programme,

Participants held an exchange of views on the legal basis and working methods of Joint (and/or Common) Investigation Teams in their countries. The representative of EMCDDA mentioned intensive activities on the subject of joint investigations in the framework of Europol and Eurojust, in regard to which a new specific PG activity would constitute a duplication. Participants therefore agreed to explore other areas of criminal justice work.

The delegation of Russia presented the results of operation Channel.

The representative of EMCDDA suggested holding a thematic meeting on the subject of “recidivism” adding that the term would need clarification and that the situation is not monitored in many countries. The suggestion was supported by the delegations of Croatia, Luxembourg, Sweden and Norway. The consultant, Mr Tim McSweeney confirmed that except for Italy and the United Kingdom, countries were not in a position to provide quantitative data

Participants agreed to look into the subject at their next meeting when all members – in a tour de table - would present the situation concerning recidivism in their country. The Secretariat was requested to invite two experts to be recommended from platform members with a view to introducing the subject from a global perspective.

9. Any other business

10. Date of the next meeting of the Criminal Justice Platform

Participants agreed to hold their next meeting on 3 and 4 April 2008.

APPENDIX I

AGENDA

1. Opening of the meeting, adoption of the agenda and introduction of the objective of the meeting

Introduction of the participants

Information given by the Co-ordinator and the Secretariat

2. Preparation of an activity on trafficking in precursors and medical products, focussing on:

- coordination issues among national agencies and

- currently uncontrolled chemical precursors/medical substances and their status while in transit;

- information exchange systems among national agencies and the private sector

- difficulties for judges to get evidence and to sentence precursor trafficking.

Exchange of views with representatives the European Commission and the INCB, and possibly with the assistance of additional technical experts nominated by the CJ member countries.

3. European Conference on QCT and other alternatives to imprisonment with regard to drug-dependent offenders, 11/12 October 2007, Bucharest

Report of the conference

Exchange of views on the adopted guidelines and

Exchange of views on possible follow-up activities, in particular concerning the evaluation of costs and cost effectiveness of QCT programmes.

4. Public awareness and perception with regard to QCT and other alternatives to

imprisonment

At the last CJ meeting, it was agreed to explore possibilities to devise an activity in this field.

5. Other activities to be organised by the platform in the framework of the new PG work programme,

i.a. the exploration of the legal basis and successful working methods of Joint (and/or Common) Investigation Teams.

9. Any other business

10. Date of the next meeting of the Criminal Justice Platform

APPENDIX II

LIST OF PARTICIPANTS

Platform Coordinator / Coordinateur de la plate-forme

Mrs Lidija VUGRINEC

Head of National Focal Point and International Relations

Office for Combating Narcotic Drugs Abuse

Preobrazenska 4/II

10000

Zagreb
Croatia

Tel: +385 1 48 78 128

Fax: +385 1 48 78 120

22 and 23 November 2007

Council of Europe, Palais de l’Europe, Strasbourg

Platform Coordinator / Coordinateur de la plate-forme

Luxembourg

E

E

F

[email protected]

F

F

Tel: +40 7 23 99 71 15

Fax: +40 25 14 10 76 0

E

E

[email protected]

E/F

E/F