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13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activities1. Simplify rogatory procedures (excessive formalities impede internationalcooperation) while guaranteeing the defendant’s fundamental rights (right to adefence).Cooperation at European level:2. Strengthen the role of EUROPOL/EUROJUST. EUROJUST should become the mainpoint of reference for investigations, which should be organized according tothe country of provenance of immigrants.3. Increase European collaboration also by using the recently-introducedinstrument of the European arrest warrant.4. Create a European judicial space in order to obtain direct cooperation fromforeign authorities.Cooperation between the police forces and prosecutors of the different countries:5. Mobilize the diplomatic corps to facilitate direct contact between foreign andItalian prosecutors and police forces.6. Adopt and foster a culture of joint investigation by judicial police forces (mixedinvestigative teams).7. Encourage closer collaboration between the judicial police and INTERPOL.8. Stimulate foreign police forces so that international cooperation is effective.9. Make a specialized international police force available to prosecutor’s offices.Information exchange:10. Facilitate the exchange of information and data by means of an internationaldatabase flanking one or several expanded national databases (ADD).Liaison prosecutors:11. Through the proper international and diplomatic channels, create one or morecontact points (i.e. liaison prosecutors) in the countries affected by the criminalphenomenonto provide effective and timely ‘judicial assistance’. This model hasproved very useful in the EU countries and should be exported.Cooperation with the authorities in European and non European countries:12. Harmonize the substantial and procedural law of the countries involved. On theone hand it is important that the same investigative and procedural instrumentsbe used in different countries; on the other, more closely harmonised criminallaw (i.e. legal definition of criminal conspiracy) would simplify internationalcooperation.13. Ratify the Palermo Convention and press for the conclusion (i.e. Italy-Turkey) orthe improvement (i.e. Italy-Slovenia) of bilateral cooperation agreements.14. Stipulate protocols of understanding with the countries involved, as regardsboth investigation and the trial, in order to facilitate not only the investigativephase but also that of the pre-trial gathering of evidence usable during thetrial.15. Disseminate knowledge of international conventions.239
13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activities13.4 RELATIRELATIONSHIPS WITH NON-GOVERNMENTAL ORGANISATIONS ATIONS FOR APPLICATION OF THE PROVISIONSOF ARTICLE 18 OF THE CONSOLIDATED TEXT OF THE LAW ON IMMIGRATIONI39618Among the ‘humanitarian provisions’ set out in chapter III of the C.T. onImmigration (D.lgs 25 July 1998, no. 286), the ‘stay permit for social protection’(article 18) is an instrument of considerable importance for the prosecutor’s officesconcerned with people trafficking for exploitation and migrant smuggling. Theprovision states that in particular circumstances (situations characterised byviolence or severe exploitation of the victim and concrete danger to his/herpersonal safety), the foreign national may receive a special six-month stay permit(renewable for a further 12 months or more). The purpose of this permit is toremove the victim “from the violence and influence exercised by the criminalorganisation and have him/her participate in a assistance and re-socialisationprogramme” (article 18, par. 1). This measure therefore fulfils two importantfunctions in the context of people trafficking and smuggling:- It facilitates denunciations and in general statements by victims, in that they feelmore closely protected against their exploiters;- It enables the ‘stabilisation’ on national territory of potential witnesses,addressing the problems related to securing evidence admissible at trial, asdescribed above (see § 13.3).The difference between the Italian regulations on the stay permit for socialprotection and similar instruments in Europe is its provision of a double – judicialand social – escape route for the victim. Application may be submitted to theauthority competent for issue of the permit (questore) when the police haveobtained reports or statements from victims during police operations and criminalproceedings (judicial path), or following intervention by the social services (socialpath).Although the regulations do not define the stay permit for social protection as a‘reward’ made for collaboration with the judicial authorities, 397 in some cases,owing precisely to the existence of the social protection route for the victims oftrafficking, application of article 18 C.T. Immigration has led to important results inrelation to investigations and the taking of evidence, which will be examined in thissection.13.4.1 FrequencyArticle 18 C.T. on Immigration was most frequently used at prosecutor’s officesdealing principally with cases of people trafficking for the purpose of exploitation,rather than with mere smuggling. This was the consequence of the wording of theprovision, which states that the stay permit is granted in cases of “violence orsevere exploitation” of the victim.396 See chapter 10 for discussion of article 18 C.T. Immigration.397 In order to obtain a stay permit for social protection, collaboration with the judicial authorities within thecontext of a criminal proceeding is not required. This measure can be applied when there is violence,exploitation and danger, also when the social path has been activated by the local social services.240
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TRAFFICKING IN PERSONS ANDSMUGGLING
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Table of contentsTABLE OF CONTENTS1
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Table of contents10.4 Assistance an
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Table of contents13.1.5 Atypical in
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1. Acknowledgementsthe interviews w
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2. Executive summary2.EXECUTIVE SUM
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2. Executive summaryDuring phase V,
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2. Executive summaryAs regards the
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2. Executive summaryIncidente proba
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2. Executive summary- Establish the
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2. Executive summaryUpdate to the r
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3. IntroductionThe need for reliabl
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3. Introductionpersons and on the s
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4. Goal, objectives and phases of t
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5. Operational definitions5.OPERATI
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5. Operational definitionsany provi
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5. Operational definitions5.3 T5.3
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6. The United Nations Convention ag
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7. The European Union regulations7.
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7. The European Union regulationsEa
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7. The European Union regulationsth
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7. The European Union regulationspe
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7. The European Union regulationsTh
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7. The European Union regulationsap
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7. The European Union regulationsOn
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8. Trafficking and smuggling in Eur
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9. Trafficking and smuggling in Ita
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9. Trafficking and smuggling in Ita
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10. Italian legislation and judicia
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11. A map of the phenomenon in Ital
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Page 256: ANNEXASURVEY ON CASES OF PEOPLETRAF
Page 259 and 260: Annex AData related to the case:Cas
Page 261 and 262: Annex AQuantity and nationality of
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Page 266 and 267: Annex BINDEXFIRST PART - THE PHENOM
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Page 270 and 271: Annex B13. How much do the migrants
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Page 274 and 275: Annex Bmeasures, tailing, infiltrat
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