Forms of cross-border cooperation

1. IPA 2010Fight against organised crime and corruption:Strengthening the Prosecutors´ NetworkInternational CooperationPolice Cooperation Convention for Southeast EuropePodstrana(Split), 16 – 17 May 2013

2. Forms of cross-border cooperation • Information exchange • Liaison officers (i.e. Art 9 PCC SEE) • Hot Pursuit (i.e. Art 13 PCC SEE) • Cross-border surveillance (i.e. Art 14 PCC SEE) • Undercover Investigations (i.e. Art 16, 17 PCC SEE) • Joint investigation teams (i.e. Art 27 PCC SEE) • Joint cooperation (i.e. Art 26 PCC SEE) • Cross-border search operations (i.e. Art 26 PCC SEE) • Mixed Patrols (i.e. Art 28 PCC SEE) • Cooperation in Common Centers (i.e. Art 29 PCC SEE)

3. PCC SEE The aim is to adopt the Schengen standards in the Region through the conclusion of a multilateral convention for the improvement of strategic police collaboration in the region. In this way, the Western Balkan States will gradually be brought into line with European Union standards of police cooperation. Convention is a state treaty subject to ratification. accordance with EU-law especially the Schengen treaty

4. PCC SEE – Contracting Parties (2011) (2012) (2008)

5. Strategic goals Schengen Prüm PCC Legal Framework

6. PCC SEE - Content Article 4 Cooperation upon Request Article 5 Information Exchange in the area of organized Crime Article 6 Information Exchange withoutRequest Article 7 Joint Threat Analysis Article 8 Regular Information Exchange to Combat illegal Migration Article 9 Liaison Officers Article 10 Witness Protection Article 11 Basic and Advanced Training and Exchange of Experience Article 12 Prevention Article 13 Hot Pursuit Article 14 Cross-border Surveillance Article 15 Controlled Delivery Article 16 Undercover Investigations Article 17 Undercover - Prevention

7. PCC SEE - Content Article 18 Request to Collect Evidence in Case of Imminent Danger Article 20 Transmission and Comparison of DNA-Profiles and other Identification Material Article 24 Technical Measures for Facilitating Transborder Cooperation Article 26Joint Cooperation and Cross-border Search Operations Article 27Joint Investigation Teams Article 28Mixed Patrols along the State Border Article 29Cooperation in Common Centers

8. Need to know! • Information on driving-licences and vehicle documents as well as comparable driving permits and documents, • Establishment of the place of abode, of the place of residence and residence permits, • Identification of subscribers of telephones or other telecommunication equipment, • Identification of individuals, dead bodies, or parts of dead bodies, • Information on the origin of items, such as firearms, ammunition and explosives, explosive devices, motor-vehicles, all types of vessels and aircrafts and cultural property, • Search for wanted persons and property, • Initiation and coordination of search measures, • Police interviews and interrogations, especially in order to determine the willingness of a person to give information,

9. Information exchange for combating criminal offences • data of individuals involved in organised crime, • intelligence on links between the suspects and persons under suspicion in relation to commission of criminal offences, • their knowledge on the structure of criminal organisations and groups, • typical behaviour patterns of suspects and persons under suspicion or suspect groups and groups under suspicion, • information on prepared, attempted or accomplished criminal offences, especially time, scene and type of crime, details on victims or victimised property, • intelligence on the particular circumstances and the relevant legal provisions, if required to prevent, detect and investigate criminal offences,

10. i.e. UC operation Extreme Urgency Serious danger for the UC Agent (revelation of Identity) NO PRIOR CONSENT for deployment needed Preconditions must be met Activities restricted to the extend Absolutely essential Covering the story or Covering the security Notification without delay Termination of operation at any time

11. Hot Pursuit – Chronology Distance: approx. 136 km Approx. 87 km behind the state border 10.50 a.m. Information of Hot Pursuit 12.45 p.m. suspect died in the hospital Speed approx. 200 km/h Cause of death: allergic reaction to pepper-spray 11.16 a.m. first attempt to stop the gate-away car • 1500,- € damage Police Car • 5000,- € damage of Suspect car • 1 SLO and 1 AT slightly injured SLO Police stopped the car – first attempt to arrest – suspect continued – Police car damaged 11.24 a.m. SLO Police stopped the car, with assistance of AT Police the violent suspect was arrested 11.38 a.m. Ambulance arrived and brought the suspect to the closest hospital

12. Application – Reality-test

13. La ara 14.29 de unnäriti s-a apropiat legätura ,~a" (vezi fotoimpreunä, pe jas, la ora 14.32 au venit in preajma hotelului"Codru" de pe str. 31 August 1989 nr. 127 (vezi foto N!5S-58),unnärirea tainicä fiind intrerupti. ..accepted as evidence by courts?

14. Cross-border cooperation in EULessons learnt – Results? Exercises (table-top / real-doing / real-time – Kidnapping?) Checking of communication channels ( i.e. contact data´s?..... Art. 3 par 1 lit d?) Checking the proper execution of communication (i.e. role of ILECU etc.) Checking of the tactical performance Checking of resources Checking of evidence gathering and evidence handling rules Exercise observers (State Prosecutors) Exercise evaluation Reports (how do they look like? National law - crime procedure code i.e. – applies….) State of knowledge of procedures (legal, tactical, equipment) Harmonization of procedures (request, reports, tactical development, common methodology…) Confidence- building measures (ldHk) Awareness raising (i.e. publications, media response, same radio channel etc.) Police AND Judicial Cooperation

15. Cross-border cooperation in Western Balkan StatesLessons learnt – Results? Parts of the territory are not covered with radio signal After crossing the border no communication with duty stations by radio Problems with equipment (i.e. radio equipment in police cars, lack of duty mobile phones resp. no roaming permission in duty mobile phones) Language problems Lack of bilateral agreements (key recommendation of CoM from 2008) Lack of practical experience of cooperation between Uniformed Police Officers in the field Lack of knowledge regarding the territory of the other state (terrain) Lack of operational procedures and no training programs in this regard exist Lack of standardized deployment procedures Lack of national fact sheets Lack of common methodologies Lack of Intranet Systems / official email Addresses Lack of FAST Units (as an example) Hierarchical obstacles (direct cooperation especially in the area of information exchange…) Current uncertainty in operational/tactical performance

16. Exericse – Why? • To detect possible difficulties • To identify legal gaps and practical problems • To examine the way to solve them (Negotiation bilateral implementationagreements • To train respective Police Officers and Prosecutors (legal and practical topics) • Confidence-building measures • Questionnaire • Evaluation reports • State of knowledge of procedures in SEE • Harmonization of procedures • Increasing cooperation Police and Judicial Authorities

17. Hot Pursuit – judicial cooperation i.e. Bank robbery • Bank robbery in State A • Hot Pursuit • Apprehension in State B • Resistance against the state (committed against officers of State A) • Criminal act – Bank robbery in State A • Criminal act – Resistance against the State in State B • Art. 22 PCC SEE • Art. 42 Schengen • The law of State B applies (where the suspect were apprehended) • Extradition request (Prosecutor State A - Bank robbery) • Surrender procedure (Prosecutor State B) • National arrest warrant (Resistance against the State)

18. Tactic ? • Police Tactics..\..\..\Hot Pursuit Exercises\Hot Pursuit Filme\Hot Pursuit Exercise Festnahme in Moldau.wmv • PEP • Common Methodology..\..\..\Handbuch\PCC Handbücher\PCC+Manual+updated.pdf • Judicial Tactics ? • JEP ?

19. Information exchangeGeneral principle • Legal base (national laws, bi- or multilateral treaties) • Data Protection regulations • Need to know – need to share policy • Pro-Activity

20. Also for Prosecutors ?How to exchange? 1. As a rule, the law enforcement authorities and their officials shall make their requests and replies in writing (by fax or e-mail) to the central authorities of the Contracting Parties (ILECUS) 2. To achieve a standard procedure, the forms attached in Annex III and IV of PCC SEE manual should be used for the information exchange. 3. If person-related data are transmitted, a secure transmission method must be chosen taking into account the sensitivity of the data. 4. On rare occasions in urgent cases the law enforcement authorities and their officials can make their requests orally, however must confirm them afterwards in writing. The written reply will be given only after receiving the written confirmation.

21. General rules for international Information exchange • A request is sent through one channel only. • If a request is, in exceptional cases, sent through different channels at the same time, this is clearly indicated on the request. • If the request is sent to parties for information only, this is clearly indicated. • The channel is NOT being changed during an on-going operation or during any phase unless it is absolutely necessary. • A change of channel is communicated to all parties, including the reason for the change. • Whenever possible, the National Central Unit replies directly to the international request, where appropriate with copy to the concerned national authority.

22. i.e. Information exchange for combating criminal offences 1. data of individuals involved in organised crime, 2. intelligence on links between the suspects and persons under suspicion in relation to commission of criminal offences, 3. their knowledge on the structure of criminal organisations and groups, 4. typical behaviour patterns of suspects and persons under suspicion or suspect groups and groups under suspicion, 5. information on prepared, attempted or accomplished criminal offences, especially time, scene and type of crime, details on victims or victimised property, 6. intelligence on the particular circumstances and the relevant legal provisions, if required to prevent, detect and investigate criminal offences,

23. Facing modern challenges Sustainable national coordination and cooperation for Law Enforcement process (Police and Judicial cooperation) Sustainable capacity development to effectively investigate and prosecute serious crime Pro-active regional and international cooperation (need to share policy) Local ownership (no external implementation – if needed with support from outside) Balance between sources and aims („what is implementable?“) Establishment of problem-solving capacities (Networks– strengthening of the „regional ownership“) Efficient cooperation with Partners (Principle to avoid „Projektitis“ and “Edukatitis”) Development of practical operational (regional) cooperation Adaption to EU Standards (?) PRACTICAL BENEFIT (more practice – less …..)

24. Problem-solving-capacity

26. Europol Plattform for Experts Access?

27. Thank you for your attention! thomas.pepper@bmi.gv.at http://www.pccseesecretariat.si/