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Law Enforcement Cooperation in Anti-Trafficking Cases: Lessons from the Field

Law Enforcement Cooperation in Anti-Trafficking Cases: Lessons from the Field Crossing Borders: Canberra, April 2009 Anne Gallagher and Paul Holmes. BACKGROUND AND CONTEXT. The crime of trafficking The Law: national, regional and international legal frameworks

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Law Enforcement Cooperation in Anti-Trafficking Cases: Lessons from the Field

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  1. Law Enforcement Cooperation in Anti-Trafficking Cases: Lessons from the Field Crossing Borders: Canberra, April 2009 Anne Gallagher and Paul Holmes

  2. BACKGROUND AND CONTEXT • The crime of trafficking • The Law: national, regional and international legal frameworks • The criminal justice response: patterns and trends Gallagher & Holmes, 2009

  3. THE CHALLENGES • A complex, difficult and resource-intensive crime to investigate and prosecute • Limited experience of criminal justice agencies • Limited cooperation and cross-fertilization of ideas across borders • A highly charged political and social environment Gallagher & Holmes, 2009

  4. EMERGING POLITICAL CONSENSUS • Criminalization of trafficking and related offences • Prosecution and punishment of offenders • Strengthening of national border controls • Elimination of safe havens for traffickers and assets • Minimum rights for victims Gallagher & Holmes, 2009

  5. EMERGING PRACTITIONER CONSENSUS • ASEAN PRACTITIONER GUIDELINES ON AN EFFECTIVE CRIMINAL JUSTICE RESPONSE TO TRAFFICKING IN PERSONS Gallagher & Holmes, 2009

  6. AN EFFECTIVE CJ RESPONSE Gallagher & Holmes, 2009

  7. Specialist Law enforcement response • Effectiveness requirements: • Fully mandated, resourced and empowered • Capable of providing or coordinating a nation-wide response • Operating within SOPs that meet international standards • Capable of engaging in cross-border and regional cooperation Gallagher & Holmes, 2009

  8. Cross-border cooperation • Minimum requirements include: • Legislative and technical capacity for investigative cooperation • Legislative and technical capacity for legal / judicial cooperation • Political support for cooperation Gallagher & Holmes, 2009

  9. THE ASEAN HEADS OF SPECIALIST TRAFFICKING UNITS • Origins of the HSU Process • Operations: 2004-2009 • Outputs: 2004-2009 Gallagher & Holmes, 2009

  10. STRATEGIC REVIEW OF THE HSU PROCESS • Objectives and methodology of the Review • Key findings: Achievements • Key findings: Challenges • Recommendations: for the future Gallagher & Holmes, 2009

  11. SOME TENTATIVE CONCLUSIONS • Strong law enforcement preference for informal cooperation • Resistance to supranational oversight and accountability • Limited value of informal, unstructured cooperation • Different priorities, expectations and capacities • Value of an institutionalized and permanent structure • Value of common standards and agreed procedures • Value of peer influence • Importance of support and guidance Gallagher & Holmes, 2009

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