States can...
Provide for the effective investigation and prosecution of technology-facilitated trafficking in persons, including by being flexible enough to keep pace with technological developments and allowing for the effective use of electronic evidence.
Enhance operational responses to technology-facilitated trafficking in persons, especially women and children, including by:
(a) Strengthening the expertise and capacity of law enforcement agencies to use new technological tools to conduct efficient and lawful investigations and operations on digital devices and in the cyberspace, including through the use of digital forensic tools and operations on the dark web;
(b) Establishing or developing specialized law enforcement functions on cyber-enabled crime, including related trafficking in persons, and/or enhancing cooperation between existing cyber and anti-trafficking functions;
(c) Undertaking financial investigations of all trafficking cases, including online trafficking cases, to confiscate any proceeds of crime and property in a manner consistent with the Convention, and consider utilizing these to support victims of trafficking for their recovery;
(d) Providing for appropriate protection and assistance schemes for victims of trafficking in persons that take into account age, gender and the special needs of victims, as well as the harm caused by crime, including trauma, informed by persons who are or have been victims of trafficking in persons. Ensure that access and use of technology by law enforcement authorities is consistent with domestic law and relevant and applicable international human rights obligations. Improve safety standards in the cyberspace, in the digital services and products that children may use, as well as provide preventative age-appropriate education for children, youth and parents, and seek cooperation with Internet service providers and other relevant technology partners to lower the risks of recruitment and exploitation of children through the Internet, and to encourage the companies to design and monitor their products with a view to improving safety
and privacy online. Enhance sub-regional, regional and international cooperation to develop policies, share intelligence and conduct joint and parallel investigations to prevent and counter trafficking in persons enabled by information and communications technology, in accordance with their domestic law. Encourage, facilitate and expand effective partnerships and cooperation between relevant stakeholders from the public sector, civil society and the private sector, especially technology companies, to harness innovation, strengthen cooperation, to enhance the use of technology opportunities in preventing and combatting trafficking in persons. Encourage technology companies and other service providers to:
(a) Develop tools to better detect and more efficiently analyse data concerning trafficking in persons activities online, including child trafficking;
(b) Report suspected incidents of trafficking in persons online to law enforcement in compliance with human rights and the right to privacy in international law and to enable law enforcement agencies, acting with appropriate legal authority, to access the data; and
(c) Ensure that material used for online recruitment and exploitation of trafficked persons, including online sexual exploitation, is removed in a timely and accurate manner from online platforms to avoid revictimization and continuing exploitation.
Support UNODC’s efforts to undertake data collection and analysis, capacity-building as well as dissemination of promising practices related to the use of modern technologies to address trafficking in persons.
At national level:
Pursuant to article 32 of the United Nations Convention against Transnational Organized Crime, a Conference of the Parties to the Convention was established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention. The Conference of the Parties adopted at its ninth session resolution 9/1 on the establishment of a mechanism for the review of the implementation of UNTOC and its Protocols.
Yellow notices are issued to help locate missing persons, often minors, or to help identify persons who are unable to identify themselves...
France’s legal arsenal was strengthened with the adoption of the “Perben II” Act (Act2004-204 of 9March2004) adapting the justice system to developments in crime. This Act strengthened existing provisions for the fight against organized crime, including by providing additional investigative resources.
At European Union level
At European level, France proposes enhanced security cooperation through the creation of common investigative teams and Police and Customs Cooperation Centres (CCPD). There are currently 10CCPDs in France and abroad, in partnership with Belgium, Germany, Italy (2), Spain (4) and Switzerland, and one four-country Centre for France, Germany, Belgium and Luxembourg.
The 2005 Prüm Convention (Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain), which provides for the exchange of personal data including genetic profiles and fingerprints, and the organization of joint patrols and the European Arrest Warrant adopted in 2002, are major steps forward in combating organized crime.
The EU Internal Security Strategy (2010-2014), drawn up to enable the European Union to respond to existing and emerging threats to the security of Europe’s society and citizens, is currently being reviewed. Five strategic steps were selected for the 2010-2014 Internal Security Strategy:
1) the disruption of international criminal networks
2) the prevention of terrorism and addressing radicalisation and recruitment
3) raising levels of security for citizens and businesses in cyberspace
4) strengthening security through border management
5) increasing Europe’s resilience to crises and disasters. It also laid down guidelines and common principles underpinning, in full respect for fundamental rights, a “European Security Model” and aimed at continuing the development of common instruments and policies through a better integrated approach.
As a major partner in the construction of a common space of security, freedom and justice, France has also participated actively in the development of Europol, which was created in 1999 and is based in The Hague. Europol’s role is to facilitate information exchanges between Member States, as well as carrying our criminal analysis and assessing threats. Alongside its judicial sector counterpart, Eurojust (created in 2002 and also based in The Hague), it is a keystone in Europe’s arsenal to combat transnational organized crime.
The implementation of the Merida Convention
The United Nations Convention against Corruption, signed in Merida in December2003, establishes a principle of return of the proceeds of the offences of embezzlement of public funds and laundering of that money for the first time. The implementation of the Merida Convention is also based on a Conference of the States Parties. France participates actively in all negotiations involved in drawing up these international criminal standards, whether they concern recommendations, resolutions or more binding instruments. The most recent Conference of the States Parties to the Merida Convention took place in Panama from 25-29November2013.
Although it does not produce standards, the G7 Roma-Lyon Group is a particularly useful forum for reflection and discussion of experiences. Its work focuses on the following themes:
supporting the implementation of the United Nations Conventions against Corruption (Merida Convention) and Transnational Organized Crime (Palermo Convention);
combating child pornography on the Internet;
fighting anti-semitism, racism and xenophobia on the Internet;
improving the traceability of terrorist and criminal assets;
developing biometrics;
eliminating documentary fraud.Development of operational cooperation
The International Criminal Police Organization (ICPO-Interpol) was created in 1923 and is based in Lyon. It has a secure global police communications network and operational databases, and provides operational support and training for police forces. It also sets up working groups in order to intensify exchanges on investigations, enable criminal analysis and keep statistics.
With its international police technical cooperation department (International Cooperation Directorate at the Ministry of the Interior), which is one of the most comprehensive in the world, France fosters cooperation actions with major potential benefits for our country’s internal security, by combating criminal networks at their source and in transit countries.
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