2. DISTRIBUTION
This Manual has been issued and drafted by CJ7 in collaboration with Gender experts’ staff. It is
mainly designed for FHQ selected members staff. It is restricted to those involved in
EUNAVFORMED Operation SOPHIA OHQ. As such it cannot be distributed elsewhere without
direct permission of the OHQ.
AMENDMENTS
Version 1.0 published: 2017.
The manual and its annexes are a ‘living document’ and will be updated and amended as and when
the situation dictates a change in its contents. Updates will require their respective chapter or annex
etc. to be destroyed and replaced with the new version. Comments, feedback and applications for
amendment should be directed to the drafters.
3. drafters
ACOS CJ7
Massimiliano Perrotta
SPS 19 Gender Advisor
SPS 13 Cultural and Religious Advisor
Lawyer Federica Mondani
SPS 12 Gender Issue Advisor
Pawel Polak
CJ35 ROE
Daniele Di Vincenzo
EUOHQ, EUNAVFOR MED
Operation SOPHIA
Aeroporto di Baracca
301 Via di Centocelle
Roma, ITALIA
Email:
cj7_acos@euohq.difesa.it
cj7_lessidentified2@euohq.difesa.it
sps19_genderadvisor@euohq.difesa.it
sps12_genderadvisor@euohq.difesa.it
cj35_roe@euohq.difesa.it
7. EUNAVFORMED operation SOPHIA
Mission Statement
Undertake systematic efforts to identify capture and dispose
of vessels and enabling assets used or suspected of being
used by migrant smugglers or traffickers, in order to
contribute to wider EU efforts to disrupt the business model
of human smuggling and trafficking networks in the
Southern Central Mediterranean Sea.
8.
9. OPERATION COMMANDER’S FOREWORD
Rear Admiral Enrico CREDENDINO
Italian Navy
I am keen to introduce this new document representing the natural continuation of the Migrant
Handling Manual with which it is aligned and connected. This Manual deals in profiling, in depth
particular subjects, such as, Vulnerable People, Smugglers and Traffickers. These groups of people
require particular attention: the first because is in need of protection, while the second needs to be
identified. EUNAVFOR MED operation SOPHIA is a military operation aimed at disrupting the
business model of human smuggling and trafficking networks in the Southern Central
Mediterranean (Council Decision 2015/778 dated 18 May 2015). It was launched in a very short
time frame by the European Union on 22 June 2015, just after the tragedy that happened on the
night of 18 April 2015, when a small boat capsized some 70 nautical miles north of the Libyan
coast, resulting in the death of over 670 migrants. This is thought to be the single largest loss of life
during a migrant crossing to Europe.
Following this event, the European Union, at an extraordinary EU Joint Foreign and Home Affairs
Council on 20 April, agreed a Ten Point Action Plan aimed at tacking human smuggling.
EUNAVFOR MED Operation Sophia contributes to the EU’s comprehensive approach, by carrying
out a systematic effort to capture and destroy vessels used by the smugglers, disrupting the business
model of the migrant smugglers.
This can be achieved denying them freedom of movement, neutralising their vessels and reducing
their availability of enabling assets, but also collecting as much information as possible on their
organization, methods and ways of thinking, the so called “business model”.
In particular, their depth study, collection and junction of data are a prerequisite to progressing in
the Mission. Therefor this manual focuses on indicators and methods that can help identifying
traffickers/smugglers and the weakest subjects, this contributing to that the Mission’s final
objective, to destroy the organizational and business model of human, traffickers and migrant
smugglers.
The insights here contained will become part of the "EU Gender Advisor course with particular
focus on Vulnerable People & Smuggler/Trafficker profiles". This course lays the foundation for an
innovative approach to a widen definition of gender issues whose subject are different from those
traditionally recognized.
Page 3 of 44
10.
11. PREFACE
Migration is considered to be one of the most challenging global issues of the early 21st
century, as more
and more people are on the move today than at any other point in human history.
Once migrants have been rescued at sea, they are hosted on board of a ship, normally for some hours,
before being delivered to a Port. This time frame can be explored to gather as much useful information as
possible by observing group dynamics, including interaction between people and by interviewing
individuals. There is a need to train and inform our personnel to observe and relate themselves in order to
perceive and collect information which might undermine the efficiency of the migrant smuggler/trafficker
business model as well as contribute to the protection of Vulnerable People. The training methodology
will consist in the study of this document along with the modules contained in the appendix, which will
consequently set up the basis for those to be specialized in such topics via e-learning course.
This manual also focuses on the understanding and awareness of gender issues, by adapting these to the
operational goal. It contributes in reaching the end state of the Operation providing tools to better
understand particular situations, acquire useful data and methods to track profiles. By broadening the
perspective of analyses and information to be acquired to dismantle the criminal organization and to help
people in deep need, it represents also an innovation on how to approach to vulnerable people with a
gender issues.
The present document is issued and updated by the EUNAVFOR MED operation SOPHIA OHQ and the
instructions and guidance are for use by all “need to know” participants in the operation.
Page 4 of 44
13. Page 6 of 43
Operation Commander’s Foreword 3
Preface 4
Acknowledgements 8
Aim of the Manual 10
CHAPTER 1 – Vulnerable People 12
1. Aim 13
2. Introduction 13
3. Overview on women and children in crises and armed conflicts
Inequality / Social exclusion. 13-14
4. Women and girls in risk 14-16
5. Unaccompanied minors in Europe and Italy 16-17
6. Identifying trafficked children 18
7. Gender Breakdown in arrivals to Europe and Italy in 2016 as of 30 nov16 19-23
CHAPTER 2 – Smuggler and trafficker 24
1. Aim 25
2. Indicators 25
a. Indicators of a smuggled migrant 25-26
b. Indicators of a migrant smuggler 27
c. Indicators of migrant smuggling (activity) 28
d. Indicators of organized crime 28-29
e. Caution when using indicators 29
3. Profiling 29-30
4. Key points 30
5. Key Differences between Smuggling of Migrants and Trafficking in Person 30-31
6. The Three Stages of human trafficking 31-33
CHAPTER 3 –Criminological Analysis of Human Smuggling
and Migrants Trafficking 34
1. Aim 34
2. Criminal organization and structure 34
3. Illegal payment system 35
4. Criminal capacity of traffickers 35-36
5. Profile of Trafficker and Smuggler in Italy 36
6. Trafficker Locator Tools: Systemic and holistic 36-39
ABBREVIATIONS – GLOSSARY 40-42
APPENDIX - Gender Advisor course with particular focus on Vulnerable People 43
&Smuggler/Trafficker Profiles
a. Module 1: Role of Gender Advisors and Gender Field Advisors in Operations 1-23
b. Module 2: Gender Focal Point 1-18
c. Module 3: Vulnerable People 1-18
d. Module 4: Smuggler and Trafficker 1-26
e. Module 5: Smuggler and Trafficker Criminological Profile 1-20
15. Page 8 of 43
ACKNOWLEDGEMENTS
This manual has been developed in co-operation and with the support of the following Institutions,
Agencies, Organisations (listed in alphabetical order) to who it is expressed the warmest and sincerest
gratitude:
1. Ministero di Grazia e Giustizia
2. Procura Nazionale Antimafia
3. Servizio Centrale Operativo della Polizia di Stato, Ministero degli Interni
4. United Nation Office on Drugs and Crime (UNODC)
5. Maritele Marina Militare Italiana
6. International Organization for Migration (IOM)
Special Thanks to:
Prof. Laura Volpini Forensic Psychologist and Criminologist, Professor of Social Psychology and
Forensic
17. Page 10 of 43
AIM OF THE MANUAL
General. This manual will teach the “selected crew members” to identify Vulnerable People (V.P.) in
need of help and suspect personnel possibly affiliated to a smuggler/trafficker organization.
1. Helps key crew members to individuate Vulnerable People (VP) and Smuggler/Trafficker (S/T).
2. Provides stereotypes of profiling methods
3. Promotes Operational Success
4. Approaches gender issues with an innovative method
5. Audience: Commanders and Selected Staff/Crew members.
References:
-EUNAVFOR MED:
OPLAN
-IOM:
Open sources
-UNODC:
“Training materials to prevent and combat the smuggling of migrants”
NOTE
This manual is for general guidance and should not supersede
Standard Operating Procedures (SOP) already in place on a
EUNAVFOR MED vessel, especially where the safety of crew or
migrants may be put at risk. If there is conflict or confusion, the
decision lays with the Commander dealing with the situation at that
time based upon their national SOP and personal judgement.
20. Page 13 of 43
CHAPTER 1
VULNERABLE PEOPLE
1. Aim.
The aim of this Chapter is to have an overview of a particular kind of migrants like women and
children:
a. Inequality / Social exclusion
b. Women and girls in risk
c. Unaccompanied minors in Europe and Italy.
2. Introduction.
For the first time since World War II, Europe is experiencing a massive movement of migrants,
women, girls, men and boys of all ages, fleeing poverty, terrorism, increase in religious conflict,
climate changes, demographic growth, unemployment, threat of diseases, armed conflict, human
rights violations and pervasive sexual and gender abuses (SGBV). Many seek refuge in Europe and
are entitled to protection under the 1951 Refugee Convention, its subsequent Protocol, and other
international instruments.1
From January 2015 to November 2016, only Italy witnessed 324.815
migrants’ arrivals through the Mediterranean.2
Those arriving by sea came from Nigeria (21%),
Eritrea (12%), Sudan (7%), Gambia (7%), Cote d’Ivoire (7%), Guinea (6%), Somalia (5%), Mali
(5%), Senegal (5%), and Bangladesh (4%). Thousands of migrants take their chances aboard
unseaworthy boats and dinghies in a desperate bid to reach Europe. The vast majority of those
attempting this dangerous crossing are in need of international protection, fleeing poverty, violence or
persecution in their country of origin. Every year these movements continue to exact a devastating toll
on human life. Each day brings new arrivals, and accurate data remains a challenge. Migrants are
travelling “en masse”, striving to reach their destination from fear of border closures, potentially
increased restrictions in asylum policies and weather inconveniences. It is a dangerous journey, with
migrants often facing high levels of violence, extortion and exploitation along the way, including
multiple forms of SGBV. Those who are particularly at risk and require a coordinated and effective
protection response are not only single women travelling alone or with children, pregnant and
lactating women, adolescent girls, unaccompanied children, early-married children who sometimes
travel only themselves with new born babies but also persons with disabilities, and both elderly men
and women.
3. Overview on women and children in crises and armed conflicts. Inequality / Social exclusion.
In general, women and girls have fewer opportunities, lower status and less power and influence than
men and boys all of which may be aggravated by conflict and displacement. Women and girls are
often expected to be socially and culturally subservient to men and boys. They often do not have
access to the same rights and legal protections whether in law or in practice. Women and girls
generally have less control over income and assets and are more often subject to violence and
intimidation. As a result of this inequality and social exclusion, despite widespread abuse and
subordination, women and girls often remain silent rather than confront hostile legal and social
systems that fail to respect their rights. Many girls experience discriminatory treatment from birth
and strict gender roles prevent women from cultivating economic independence and social autonomy.
1
INITIAL ASSESSMENT REPORT: Protection Risks for Women and Girls in the European Refugee and Migrant Crisis – UNHCR
2
UNHCR Refugees/Migrants Emergency Response - Italy - 29 Nov 2016
21. Page 14 of 43
In many conflict settings, low education levels among girls and women, paternalistic laws and
pervasive gender-based violence prevent women from enjoying their human rights. Inequality in
power relationships is the primary factor that allows gender-based violence to be practiced and, at
times, tolerated. Social exclusion refers to women’s and girls’ lack of access to a community or
nation political, social and economic life. They may not be allowed to participate and their concerns
and needs may not be given due consideration. When women are not allowed to vote, to own land or
have land property transferred to them upon the death of their spouses and fathers, when they do not
have the same access to education and employment, they are marginalized, repressed and
discriminated against. Socially excluded, their human rights tend to be neglected and, hence, their
protection risks exacerbated, and these can become push factors leading to displacement. Rape is
widespread in poverty’s areas with weak economic pillars. Rape has, at times, been systematically
and strategically used as a weapon—targeting specific ethnic or religious groups. Further, forced sex,
gang rapes, sexual slavery and prostitution are often used by paramilitary and guerrilla forces against
civilian women and girls as well as against females who are voluntarily or involuntarily serving
within their units. Disorders and riots reinforce a structure that employs physical power to achieve
goals. Men and boys raised within this paradigm learn to seek domination through force, asserting
physical supremacy over female partners and relatives.
In the try of fleeing these atrocities women decide to start the migrant journey frequently knowing
that they will have to face rape, torture and abductions for ransom by traffickers and smugglers, as
well as systematic exploitation by their employers, religious persecution and other abuses by armed
groups and criminal gangs.
4. Women and girls in risk3.
Women and girls rights, safety and wellbeing are at risk of being seriously compromised on the basis
of their gender. They may be at risk of sexual and gender-based violence, persecution, social
exclusion, detention, extreme poverty, refoulement (forced to return) and other potentially life
threatening situations and violations. These and other risks may be present during the first phase of
the journey in their home countries during the journey, in their country of displacement or upon return
to their country of origin. The presence of an adult male family member or guardian does not, by
itself, guarantee their safety, although unaccompanied women and girls may face increased risks to
their protection and wellbeing.
The experiences of women and girls during the journey are significantly different from those of men.
Displaced women and girls hold their families together under the most difficult and inhumane
circumstances and do so while at increased risk of their safety and wellbeing, risks that include rape,
beatings, torture, hunger and abandonment. Violations of human rights and protection risks can be
factors that lead to displacement. They have an impact on women’s and girls’ decisions to flee, on
their time during displacement whether internally or across an internationally recognized border and
during return and reintegration.
3
Women Commission for refugee women & children.
22. Page 15 of 43
- Identification Criteria’s
It is really difficult to identify the women and girls that are under threat. It requires a thorough
knowledge of the community and an assessment of protection risks. The following criteria provide
some guidance to assessment and monitoring should be performed:
Rape victim/survivor
Mixed marriage/relationship (across ethnic, religious or clan lines) when conflict is inter-ethnic,
inter-racial, inter-religious or inter-clan
Female head of household
Unaccompanied and separated girls
In same-sex relationship
Widow
Single woman alone
Trauma/torture survivor
Victim of gender-based violence, including domestic abuse
Victim or potential victim of harmful traditional practices
HIV-positive
Physical, mental or medical disability
Victim of human trafficking
Lack of male, familial or community support systems
Escaping forced or early marriage
Victim of frequent harassment and intimidation
Former combatant, forced labourer or sex slave with armed factions
Victim of coerced family planning practices forced abortion or sterilization or at risk of such
Pregnant women.
- External risk factors
Women and girls who fall into one or more of the cited criteria, and also face one or more of the following
risk factors, may be at high risk of abuse. These risk factors may lead to displacement, plague women and
girls during displacement and continue to be problematic in the context of return and reintegration.
Women and girls may face multiple risks and the risks may change over time during the period of
displacement. The risks may change as women and girls move from displacement to return.
Armed conflict
Human rights violations
Poverty
Inequality/social exclusion of women
Discrimination/marginalization of women and/or ethnic, religious and linguistic minorities
Gender-based violence
Physical insecurity
Recruitment by armed factions
Food insecurity
Lack of documentation
Abuses by persons in positions of authority
Harmful traditional practices (early marriage, female genital mutilation, honour killing,
infanticide)
Lack of educational opportunities
Loss of traditional male role
Trafficking for sexual or exploitative labour purposes
Child labour
Family separation
23. Page 16 of 43
Traditional systems of justice that do not abide by international legal norms and standards
Traditional leadership structures that do not give voice to women and youth
Breakdown of community structures, values and morals
Lack of presence of female and international humanitarian staff
Lack of opportunities to participate in peace building and reconstruction
Lack of male and community support systems
Unemployment/unregulated or harmful work
Inequitable land, inheritance and property rights
Landmines and unexploded ordnance.
5. Unaccompanied minors in Europe and Italy.
Out of 1,362,807 migrants arrived in Europe through the Mediterranean from 1st
Jan 2015 till
28 Nov 2016, 349,191 are minors. In particular concerning the same period, the percentage of
children landed in Greece (36%) is higher than that of children landing in Italy (16%), which
welcomes mainly men4
.
In the 2016, considering until November, more than 23,000 unaccompanied minors arrived in Italy
across the Mediterranean Sea, a significant increase compared with the 12,360 minors arrived in Italy
in 2015. Unaccompanied minors now account for 14% of all arrivals by sea, while they made up 8%
in 2015 and 7.7% in 2014. In 2016, unaccompanied minors constitute 91% of the total of landed
minors. If we take into consideration the totality of minors (both accompanied and unaccompanied),
we can observe how the amount of those unaccompanied has been growing over time. In 2014, in
fact, they accounted for 49% of the total unaccompanied minors; in 2015 they were 75%, while today
they are 91% of the more than 22,000 landed minors. This reflects a predominantly individual
migration of young adults mainly from the African continent. The composition of migrants arriving in
Italy is different from the Greek one, which is mainly characterized by migrations of families coming
from the Middle East (Syria, Afghanistan, and Iraq). The data concerning Greece indicate, in fact, that
both accompanied and unaccompanied minors account for only 38% of the landings (16% in Italy),
while women represent one fifth of the total (13.6% in Italy).5
The unaccompanied minors who arrive in Italy unaccompanied are not submitted to any application
for international protection, are reported to the Ministry of Labour and Social Policy and taken care of
by first reception facilities (both public and private). The figures released by the Italian Ministry of
Labour show a significant increase in the number of foreign unaccompanied minors in recent years.
Other minors, fleeing persecution, torture or wars, try to access international protection. Italy is the
third country in Europe for the number of international protection applications made by
unaccompanied minors: in 2015, 3,790 new applications for international protection of
unaccompanied foreign minors were filed in Italy, while in 2014 the applications were 2,505. Overall,
since 2014, there has been a significant increase (in 2013, the applications submitted were 805).
The 2015 data on missing foreign minors in Italy are particularly worrying: there is no news about
more than a third of the minors that had been reported to the Ministry of Labour and Social Policy
namely 6,135 children. The phenomenon that saw an increase if compared to previous years (the
percentage was 23 % in 2014) occurred especially among young Egyptians, Eritreans and Somalis.
The data regarding the 2016 are still not complete, but the partial information issued by the UN
4
UNCHR source’ www.data.unhcr.org.
5
ISMU Foundation
24. Page 17 of 43
organizations seems to confirm the increasing trend experienced in the last years, according with what
has been above reported.
The European Police Office – Europol has reported that at least 10,000 unaccompanied minors have
gone missing after their arrival in Europe, especially in Italy and Sweden. Many of them are believed
to have fallen into the hands of smuggling organizations; others, instead, might have reached their
families in other European countries.
“…Children have special needs which must be tended to in protecting and assisting children who have
been smuggled. Children who are unaccompanied or separated from parents or guardians are
particularly vulnerable. In addition to the general obligation set forth in article 16 of the Smuggling of
Migrants Protocol, State parties to the Convention on the Rights of the Child (CRC) have legal
obligations in relation to providing protection for unaccompanied or separated children who are
outside their country of nationality, regardless of their migration status. Officers should be trained to
follow the procedures and observe obligations under international conventions to assist and protect
unaccompanied and separated children. The following considerations should be taken into account in
efforts to protect and assist children:
Confirm age of the child using non-intrusive, child-friendly measures such as observations of
physical, mental and emotional development, or through a review of identity document(s) and
background checks. In rare circumstances, with justification such as for clinical needs, consider
medical testing to confirm age, if this method is available. In the absence of such confirmation,
where age is in question, presume that he or she is a child for the purpose of offering assistance
and protection
Identify, interview and register unaccompanied and separated children as soon as possible in an
age and gender-sensitive manner. If the child is with a guardian, conduct an assessment to
determine whether the guardian can represent the best interests of the child
Commence family tracing as early as possible
Provide legal representation where required
Advise children of their rights in a language they can understand and take measures to uphold
those rights, including: healthcare, education, and the right to the protection of physical integrity.
Authorities should take measures to provide children with immediate and ongoing medical
assistance and the highest attainable standard of health;
Inform children about risks and establish measures to provide further assistance to children
particularly at risk such as unaccompanied or separated children, or children who have been the
victims of crime. For example, make sure that children have received identity documents, that
their best interests are being represented, and if necessary that they are placed with families with
due regard for the language, culture and wishes of the child
Solicit the assistance of established and specialized IOs and NGOs to aid in child care, placement
and community support
Notify the relevant local or national agency that deals with family and child care matters.
In keeping with the obligation of States Parties to the Smuggling of Migrants Protocol to mainstream
consideration for the special needs of children in their measures to implement the Protocol, it must be
borne in mind that a child also has the right not to be returned to a country where there are substantial
grounds for believing that there is a real risk of irreparable harm to the child. The child has the right to
life and the right not to be arbitrarily deprived of liberty…”6
6
UNODOC – “In depth training manual on investigating and prosecuting the smuggling of migrants- Module 6”
25. Page 18 of 43
6. Identifying trafficked children.
Unaccompanied asylum seeking children and child victims of human trafficking are some of the most
vulnerable children in migration flow. Unaccompanied children are alone, in an unfamiliar country
and are likely to be surrounded by people unable to speak their first language. Trafficked children are
at risk of further exploitation for sex, forced labour, domestic servitude, criminal activities or even for
organs harvesting. Both groups may have experienced emotional trauma in their country of birth, in
their journey to Europe or through their treatment by adults. They are likely to be uncertain or
unaware of who to trust and of their rights. They may be unaware of their right to have a childhood.
Qualified personnel involved in dealing with unaccompanied and trafficked children should be trained
to recognise and understand the particular issues likely to be faced by these children, including
familiarity with the potential indicators of being unaccompanied or trafficked.
There are a number of indicators which suggest that a child may have been trafficked into the EU, and
may still be controlled by the traffickers or other adult migrants, majorly when the child:
Has crossed the border/borders illegally
Has no passport or other means of identification
Has false documentation or genuine documentation that has been altered or fraudulently obtained,
or the child claims that their details (name, DOB) on the documentation are incorrect
Has brand new and good looking documents
Possesses money and goods
Does not appear to have money but does have a mobile phone
shows signs of emotional or/and physical neglect: malnourishment; lack of attention to health
needs
Shows indications of trauma or is scared
Shows physical symptoms of exploitative abuse (sexual, physical etc.)
Behaves irritable, aggressively, has problems with concentration and memory
Is unable to confirm the name and address of the person meeting them on arrival
Has had their journey arranged by someone other than themselves or their family
Is accompanied by an adult who insists on remaining with the child at all times
Shows low self-esteem, self-harming behaviour including cutting
Is accompanied by adults who are not his parents and the quality of the relationship is visibly not
good, or the child is not able to explain family relation with them;
Receives unexplained/unidentified phone calls
Is withdrawn and refuses to talk or appears afraid to talk to a person in authority
Has a prepared story very similar to those given by the other children
Exhibits self-assurance, maturity and self-confidence not expected to be seen in a child of such
age
Claims to be in debt bondage or “owes” money to the other persons (i.e. for travel)
Visible evidences of drug, alcohol or other substances misuse
Is unable, or reluctant to give other personal details.
26. Page 19 of 43
7. Gender Breakdown in arrivals to Europe and Italy in 2016 as of 30 nov 16
General demographics in arrivals to Italy in 20167
We can observe increasing in children fleeing poverty comparing 2015 and 2016. But what is most
alarming that dramatic increasing in accompanied minors which is assessed to 700%.
Demographics numbers in arrivals to Italy in 2016 as of 30 nov16
Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16
Men 4161 2730 7074 5709 15124 14660 16333 15004 12401 19778 9765
Women 455 367 1049 1513 2102 3670 3675 2905 2214 3601 1710
Children 657 731 1553 1927 2699 4041 3544 3385 2360 4005 2106
Unaccompanied minors
645 691 1344 1861 2468 3515 3181 3158 2138 3771 1887
Unaccompanied minors are numbers taken from Children in total.
Gender breakdown in arrival to Italy in 01jan2016-30 nov2016
Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16
Children 657 731 1553 1927 2699 4041 3544 3385 2360 4005 2106
Unaccompanied minors 645 691 1344 1861 2468 3515 3181 3158 2138 3771 1887
% of theunaccompanied 98.17 94.53 86.54 96.57 91.44 86.98 89.76 93.29 90.59 94.16 89.60
So in average 92% of all Children who migrate through Mediterranean Sea to Italy are
unaccompanied.
7
DATA FOLLOWED UNHCR UPDATES AS OF 27NOV16
27. Page 20 of 43
Between 1 January and 30 November 2016, 27,008 children arrived to Italy by sea: 9 out of 10
children arrived unaccompanied (24,659). Unaccompanied and Separated Children (UASC) thus
account for some 14% of all sea arrivals in the above period, an increase of around 88% compared to
the same period of 2015, when 8% of all those arrived by sea were UASC.
Most registered UASC arriving by sea to Italy are boys and are between 16 and 17 years old.
However, exact figures on gender are currently unavailable.
27,008
28. Page 21 of 43
While numbers of accompanied children remain steady in the January-July 2016 period, a progressive
increase in UASC arriving by sea was observed since the beginning of the year, with a sharp increase
in June, when 3,515 UASC arrived by sea (out of 22,371 total sea arrivals).
The top nationalities of UASC arriving by sea between January and November 2016 are Eritrean,
Egyptian and Gambian. The total number of Eritrean UASC arrived so far is comparable to last year.
Notably, however, UASC represent a much higher proportion among Eritrean arrivals this year than
in 2015 (from 8% in Jan-Sep 2015 to 18% in Jan-Sep 2016). The numbers of both Gambian and
Egyptian UASC rose significantly compared to the same period last year (plus 201% and plus 81%,
respectively).
29. Page 22 of 43
60% of all Egyptians who arrived by sea in the January-November 2016 period are UASC, the highest
proportion of all nationalities. UASC from The Gambia represent the second highest proportion,
accounting for 28% of all Gambians, up from last year’s 12%.
31. Page 24 of 43
Chapter 2
Smugglers and
Traffickers
32. Page 25 of 43
CHAPTER 2
SMUGGLER AND TRAFFICKER
1. Aim. The aim of this chapter is: to analyse the differences between migrant human smugglers and
traffickers’ profiles.
- Provide Indicators as a profitable tool to track a profile
- Differentiate smuggling from trafficking.
2. Indicators
Indicators can be used to develop a profile to facilitate identification of human smugglers, migrants,
routes, communication methods, and use of fraudulent travel or identity documents. General
indicators of migrant smuggling are common patterns that may be used to assist investigator and
criminal justice practitioners to identify the commission of migrant smuggling and related conduct.
Since methods used by smugglers continually change, the indicators of migrant smuggling also
change and must therefore be constantly updated by law enforcement in order to remain useful. These
indicators should also be shared with other law enforcement agencies on a timely and regular basis.
Example of indicators
The following indicators are typical, but do not always apply. Recall that indicators are not proof;
they are simply a starting point for further investigation and need to be corroborated by other
independent evidence.
a. Indicators of a smuggled migrant
The following potential indicators may be used as a starting point to start an investigation whether an
individual is a smuggled migrant:
Position
May not know in which country she or he is transit
May not know through which countries she or he has travelled
Attitude Upon arrival may not be met by people showing affection as it would be expected by
relatives or friends. Will usually move silently to the person waiting for him/her, or to follow
behind the smuggler in charge to transfer him/her.
Address
May not know specific address where she/he is likely to stay or mention unrealistic destination.
Points of contact
Could not have name or phone number of the person or ignore the place of destination. If the
migrant has not travelled in a group, the name or phone number may be written somewhere on the
migrant’s clothes or concealed in a belt, for instance.
Controller
May specify that she/he have to be at a specific place and time to meet with someone.
Clothes
May wear particular clothing or hairstyle. Small groups of smuggled persons often have the same
characteristic such as clothing and bags. Migrant may not be dressed appropriately for work or
weather conditions, for example, they may lack protective equipment or warm
clothing. The migrants’ clothing may be less expensive, older or less appropriate according to the
climate of those used by the smugglers.
33. Page 26 of 43
Body language
May look lost or walk slightly behind a group, may appear nervous, looking around, perspiring or
shaking.
Condition
May appear shattered and dehydrated after a long trip at sea. As migrants are often housed in less
comfortable conditions than the smugglers, they may appear to be in worse physical state.
Marks
May bear physical marks, such as text written on arms.
Credibility
May not provide a credible explanation about the purpose of his/her trip, or provides illogical,
inconsistent and unrealistic information.
Timeline
May not know how long she or he will stay at his or her next address and not know how long the
journey took.
Identification
May be in possession of fraudulent travel or identify documents
Nationality claimed. May claim a particular nationality but not know anything about the country
she or he claims to be from, or not speak the language of that country. This may indicate that the
person has been “coached” by smuggler to claim a specific nationality, for instance, because
nationals of some countries may be more likely to be granted access to asylum procedures.
Travels with smuggler
When travelling by land or air: may travel with the smuggler but go through the port of entry
separately in order to avoid detection. For example, search of migrant reveals airplane, bus, or
train ticket, and search of smuggler reveals same travel itinerary through stamps on travel
documents and/or tickets
When travelling at sea: may travel with smugglers who are part of the crew. Smugglers will often
attempt to hide among migrants when the vessel is apprehended.
Luggage
If he or she has little or no luggage, this may be because the smugglers did not permit him or her
to bring it because of space constraints
In circumstances where the means of transport does no limit the amount of baggage permitted, a
lot of luggage may be an indicator that the migrant is actually moving to the destination country
instead of visiting.
Travel companions
May not know the people she or he is travelling with.
Accommodation
May live with a large group of people who the migrant may or may not know. The place of
accommodation may be overcrowded.
Employment
May work in an industry where it would be easy to work for cash without valid travel documents
or under work permission. Such industries may include: agriculture, constructions, factories, food
or service industries, entertainment and manufacturing
May not have a labour contract because he or she will work for cash and may lack credentials,
training, professional licenses, or certification that is normally required to undertake that kind of
employment intended as per the fraudulent visa or work permit.
34. Page 27 of 43
b. Indicators of a migrant smuggler
Indicators that may be used to identify a potential smuggler include the following:
Travel documents
May be correctly documented; passport may be heavily stamped to suggest he or she is well-
travelled, or that he or she has repeatedly travelled the same route
May carry other peoples’ travel documents, boarding passes and transport tickets
May know the immigration system quite well and have prepared answers when questioned; may
be ready to show travel documents on request, followed by letters of employment or any other
kind of evidence
May not exhibit all documents at once; may seek to minimize the risk of the fraudulent or false
documents being discovered
May be excessively polite or cooperative, or conversely show signs of extreme nervousness and
discomfort
May exhibit more confidence than travel companion(s).
Language
May speak the language of the country of destination and the language spoken by the group or
person she/he accompanies.
Group dynamics
May answer for the other people in the group
May have an influence on other people in the group. The group may visibly be in fear of the
smuggler
May walk ahead of others in the group, clearly leading them; or may walk behind the group
keeping all in sight.
Physical appearance
May have more expensive clothing
Better physical appearance than others May be older than his or her travel companions and clearly
in charge; or younger than the others for instance, if serving as a hired driver.
Motivation
May claim to have helped the migrant in a dangerous situation somewhere, or argue that she/he is
helping the migrant for humanitarian reasons.
Money
May be the only person in the group to have money, credit cards or notes of large denomination.
Communication devices
May be the only person in the group with a mobile phone, smartphone, or any other
communication device.
Security devices
May be the only one to dress lifejacket.
Baggage
May be the only person in the group without luggage.
35. Page 28 of 43
c. Indicators of migrant smuggling (activity)
Country of origin
Intelligence reports may confirm that there are specific countries involved in human smuggling
activities. As well may be confirmed the existence of certain path travel used to reach specific
target country.
Routes
Certain transit routes or a series of connecting patterns may be identified as priority choice by
smuggling groups. Nevertheless, those smuggling routes are changed and continuously, though
are necessary keep an intelligence work up to date.
Destination countries
Some destination countries may be identified as being frequently targeted by migrant smugglers.
Time of year
At a definite time of year smuggling is more prevalent due to weather conditions. For example,
when migrants are smuggled at sea, they may be sent on their journey only during specific seasons
when the weather conditions are favourable. Conversely, a vessel undertaking a journey during
bad weather may be an indicator of smuggling.
Time of day
Often, border crossing in unguarded areas will occur at night to reduce chances of being detected.
Travel and identity documents
Has been experienced that the smugglers organizations use constantly the same kind of IDs issued
by few recurrent countries. For instance, smugglers will more often use passports of nationalities
that do not require a visa for the destination country and would avoid using passports of
nationalities on routes where airport transit visas are required
Common signs of fraudulent documents may include passports issued directly before travel, and
photo substitution, should be checked if the document has perforations, (if not, it was done on a
home printer), mostly all the countries in the latest years are using microchip models that are
unique and trackable with the dedicated device.
Vehicles and vessel
Vehicle has been adapted, is in bad shape and has darkened windows, broken seats or hidden
compartments
There may only be one key on the key-ring in the ignition as often the vehicle is rented or
borrowed. The driver is usually different from the owner registered on the document of the vehicle
Vessels may be old, in bad condition, and lacking proper safety equipment such as life jackets and
lifeboats. Vessels may also be used during bad weather; and operate outside ports of origin.
d. Indicators of organized crime
There are some indicators that the smugglers are connected to a larger and more sophisticated crime
group:
High quality of documents
Multiple internal land’s routes used
Large number of migrants smuggled on the same route, with repeated migrant smuggling ventures
occurring over a period of time
36. Page 29 of 43
Mixed groups travelling together include legally documented travellers and migrants holding
fraudulent documents
Travellers arriving in the group are from various countries of origin
Use of travel agencies or legal business structures alongside illegal means
Repeated attempts are guaranteed to migrants by smugglers in the event that the initial smuggling
does not succeed
Transport through multiple countries where migrants are passed from one smuggler to the next
using safe houses and multiple vehicles
Use of subcontractors to transport the migrants from country of origin to destination
Modus operandi that adapts in response to law enforcement efforts, indicating high level of
organization and monitoring
Different documents provided to migrants in each country
Links with other forms of organized crime.
e. Caution when using indicators
Often migrant smuggling is discovered following the identification of smuggled migrants, though
smugglers and smuggling activities may also be identified. Although in the use of indicators migrants and
smugglers may be seen as being “profiled” to some extent, such “profiling” should never be approached
in a manner that would foster discrimination or permit human rights violations.
Not all indicators or profiles will be applicable in every situation. In order to use indicators effectively, it
is important to determine the profile of “regular” or “normal” routes, patterns and travellers in order to
compare what is “normal”, to what is outside of the norm. Indicators are not proof; they are a starting
point for further investigation. Criminal justice practitioners should also be aware that some of the
indicators of migrant smuggling discussed above may overlap with indicators of trafficking in persons.
3. Profiling
Profiling is an investigative technique which can assist in identifying potential criminal activities and
facilitate planning of law enforcement operations. Results are best achieved by utilizing a trained analyst
or an experienced profiler.
A two-way system is most the effective, whereby frontline officers can seek information but also
feedback further information. For instance, information may be gathered through electronic and human
surveillance, closed-circuit television (CCTV), data tracking or informers. Once information has been
gathered and collated, it can be sent back to border officers to better equip them to identify potential
smuggling activities.
Consideration when profiling
The goal of profiling is to identify smugglers, but migrants may also play a key role in the investigation
of migrant smuggling organizations. Profiling may lead to the identification of smuggled migrants, which
in turn can lead to the identification of those who smuggled them and/or enabled their stay, and ultimately
result in the identification of the criminal network behind the smuggling enterprise. Investigators at first
have to select, among the migrants group, the ones that, not only on the base of profile, but even
regarding any wonder arouse by instinct, common sense and experience those that may be selected for
secondary screening. Officers should also screen passengers randomly, and should consider all of the
circumstances and rely on their experience to judge the information available at the time.
As authorities develop profiles to identify smugglers and smuggling routes, smugglers constantly change
their methods and routes to avoid detection. Authorities must be aware of these counter-measures and
ensure that profiles are regularly updated with the most recent information, and ensure that this
information is properly shared with relevant agencies. Is necessary having a share data system with the
most up to date information available by intelligence of any kind.
37. Page 30 of 43
Caution When Profiling
Whenever profiling is discussed or implemented, it is essential that strict policies are in place to avoid
racial profiling or bias, and to avoid relying on profiling alone. Personnel who are qualified experts in
profiling techniques should also be given regular training on profiling and human rights implications so
they can be reminded of the dangers of discriminations, which can potentially lead investigators astray. In
order to ensure that profiling is appropriately and effectively carried out, it should be implemented in
light of international standards and human protections that States parties to the Smuggling of Migrants
Protocol are obliged to respect. Officers shall be aware and trained about the human rights provisions
found in the law, directives, regulations, constitutions, criminal codes, or codes of conduct in relevant
jurisdictions.
4. Key Points
Migrant smugglings and related conduct can be encountered through routine policing, through reports
directly made to the authorities, through proactive investigations and through the use of disruptive
techniques.
Indicators can offer a starting point for further investigation. All information derived through the use of
indicators must be corroborated.
Because smugglers constantly change routes and method to avoid detection, profiles of smugglers and
indicators relating to migrant smuggling must be kept updated and spread among actors who use such
information.
When profiling is used, appropriate safeguards must be in place to avoid discrimination which can
undermine the human rights of persons profiled and jeopardize the success of smuggling investigations.
Self-Assessment Questions
What are some examples of indicators of a smuggled migrant that you have encountered in your
work?
What are some examples of indicators of a migrant smuggler that you have encountered in your
work?
What are some examples of indicators of migrant smuggling that you have encountered in your
work?
What are some examples of indicators of organized crime involvement in migrant smuggling that you
have encountered in your work?
5. Key differences between Smuggling of Migrants and Trafficking in Person
The main differences between migrant smuggling and trafficking in person fall into three categories:
- Exploitation and source of profit
An important indicator of whether a case is one of migrant smuggling or of trafficking in person is
how the offenders obtain criminal profit. The primary source of profit and thus also the primary
purpose of trafficking in person is to generate income through the exploitation of the victims.
Generally, traffickers will continue to exploit the victims for profit or material benefit for an indefinite
time period, which may last for many years.
In contrast, the smuggler and the migrant have generally entered into a temporary contract, exchanging
money for the procurement of illegal entry into another State, or in order to remain in another State
unlawfully. The relationship between the smuggler and the migrant generally ends once illegal entry or
stay in the destination country is achieved. In such situations, once the smuggler has been paid or has
received whatever material benefit is agreed upon, he or she will continue exploiting the smuggled
migrant.
38. Page 31 of 43
The line between the two offences becomes less clear when the migrant is exploited during the migrant
smuggling journey, or upon arrival in the destination country. For example, the migrant may be faced
with the option of being stranded in an unknown country or paying the smuggler an even greater
amount of money than what had been originally agreed to. The migrant may fear for his safety and
therefore agree to make the payment, or if he or she cannot afford to make such payment he or she
may provide some other kind of benefit to the smuggler which could be tantamount to exploitation (for
instance, the provision of sexual services). Alternatively, the smuggler may offer the migrant work in
the country of destination. The conditions of work may be such that a situation of trafficking arises.
Given that the migrant has no legal entitlement to be in the country, he or she may be reluctant to enlist
the help of the authorities.
Not all exploitation rises to the level essential to establish trafficking in person, but these situations
elucidate that each case must be looked at in its entirety, taking into account all of the facts in order to
determine whether a case is one of migrant smuggling or trafficking in person.
- Transnationality
Human trafficking does not require the crossing of an international border, it does not even require the
transportation of victims from one locale to another. Victims of severe forms of trafficking are not all
illegal aliens; they may, in fact legal residents of a country or visitors.
While trafficking victims are often found doing domestic work, restaurant work, agricultural labour,
prostitution and sex entertainment. Victims may not even recognize that they have been victimized, or
may be forced into protecting their exploiters, so self-proclamation of their status is not required. In the
case of migrant smuggling, without some element of cross-border movement there is neither
smuggling, nor migration. The definition of migrant smuggling provided in the Migrant Smuggling
Protocol provides for a crime that by its nature involves trans-border activity. However, according to
the Protocol domestic offences should apply even where transnationality and the involvement of
organized crime groups does not exist or cannot be proved. In other words, prosecutors should not be
required to prove either trans-nationality nor organized crime in order to obtain a conviction of migrant
smugglers.
Although as with other forms of organized crime, groups formerly active in specific routes or regions
have expanded the geographical scope of their activities to explore new markets. Some have merged or
formed cooperative relationships, expanding their geographical reach and range of criminal activities.
For some crime groups, migrants are viewed simply as one of many commodities to be smuggled
along with drugs and firearms for instance.
- Victimization and consent
These differences serve simply as a starting point to assist in differentiating between the two crimes;
the ultimate conclusion reached depends on the unique facts of each case. Often the crimes may
overlap with each other.
6. The Three Stages of human trafficking
The cycle of human trafficking usually consists of three stages. In the first stage, the victims are recruited;
in the second, they are transported; and in the third, they are exploited. These stages may overlap or
follow a different order.
At the recruitment stage, criminals use many methods to force or trick people into being trafficked. In
some cases, the people are abducted and assaulted. In other cases, however, the people are offered good
jobs and attractive occasions that do not actually exist or that force them into exploitative labour and
conditions.
At the transit (transport and transfer) stage victims may be moved by land, sea and/or air, openly or
covertly, in groups or alone, using public or private means of transportation.
At the exploitation stage, victims may be forced to do somewhat of the following:
- Prostitution and/or sexual and gender-based exploitation
- Work in places such as factories, restaurants, farms, plantations, mines or homes (as domestic servants)
without the right to rest or the option to leave
- Be victim of organ trades
39. Page 32 of 43
- Beg, sell illegal drugs
- take marriage.
The above is a non-exhaustive list.
Trafficking versus smuggling, there is a clear difference between the two, and it is important to attempt to
identify victims of trafficking at the earliest opportunity in order to effectively protect their rights,
including the right to be protected against refoulement (i.e. the right to do not be sent back to a place of
persecution).
- Smuggling. Smuggling is the procurement, in order to obtain, directly or indirectly, a financial or other
material benefit, of the illegal entry of a person into a Member State of which the person is not a
national or a permanent resident.
- Trafficking. Trafficking is the recruitment, transportation, transfer, harbouring or reception of persons,
including the exchange or transfer of control over those persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the accord of a person
having control over another person, for the purpose of exploitation.
Child trafficking
Trafficking in human beings, and especially trafficking in children (of both sexes), has been high on
the international agenda for more than a decade. The trafficking of children is a serious human rights
violation. Only recently, however, has the international community recognised that child trafficking is
also undeniably a labour issue. Children’s right to be free of exploitation is violated in many other
ways. Children are frequently trafficked into labour exploitation in agriculture, both in the long term
and on a seasonal basis but also used for body organ harvesting. Human trafficking, whether of
children or of adults, is a gross violation of human rights.
A child victim of trafficking is each person under 18 recruited, transported, transferred,
harboured or received for the purpose of exploitation , both inside and outside the country, even
without coercion, deceit, abuse of power or other forms of abuse. The use of coercive and misleading
conduct by traffickers against the victims makes even an initial consent irrelevant.
41. Page 34 of 43
Chapter 3
Criminological
Analysis of Human
Smuggling and
Migrants Trafficking
42. Page 34 of 43
CHAPTER 3
CRIMINOLOGICAL ANALYSIS OF SMUGGLING OF MIGRANTS
1. Aim. Analyse the smugglers and traffickers8
under a criminological perspective by:
- rendering the criminal organization structure
- outlining the traficant capabilities
- providing “other” indicator tools
- depicting the role of the Gender and Criminological advisor
2. Criminal organization structure
The smuggling of migrants is a hierarchical structure, stable and differentiated within itself,
with a transnational character and links between North Africa, Italy, Northern Europe and
sometimes the United States. Migrants can come from several areas of the African continent as
Ethiopia, Eritrea, Somalia, Egypt and Syria.
The organization works as an actual "Criminal travel agency" where everyone has a defined
role and timing to execute criminal actions; major players are generally represented by:
- A referent for the gathering of migrants at the place of departure
- A referent for the gathering of migrants at the place of arrival
- A referent to the use of the migrant in the European territory; (usually an African native)
- One or more traffickers in charge of transport
- A contact person, in the Italian territory that deals with the organization of the trip
- Subjects accomplices of referent for travel arrangements, serial facilitators dealing with
transport and managing migrants’ accommodation fleeing from their shelters.
There is a criminal “buying” of migrants between traffickers and sometimes the migrants are
placed in a position of seizure to organize the next traffic.
Every migrant, before trafficking at sea, is assigned a number which allows a better and faster
identification and a greater control over the management of payment and imposition during
several passages from Italian territory to other countries of the EU thus recruited migrants can
be sold for organs, prostitution, trafficking, labour exploitation.
Communication between traffickers and migrants, and/or their relatives, may also be in dialect
or in languages little known or even unknown how Tigrit which is a Semitic language spoken
by the ethnic group, found mainly in Eritrea and northern Ethiopia, precisely in Tigrit Region.
Costs can range from (about) 300.00 to 1.000,00 euros each way for a total ranging (about)
between 1 500.00 or 3 000.00 euros.
This huge fee paid by families to traffickers and will be deemed "cost of a trip". While awaiting
boarding, migrants are forced to live hundreds within tiny apartments, where they get sleep
standing up and deprived of their essential.
Their travel will be stopped and the migrant "abandoned" by the criminal organization, in case
they are not paid fees for subsequent trafficking such as from Italy to Northern Europe; as soon
as the money is brought in by the family of origin to travel coordinator, migrants are
transported by land to North Italy or in Northern Europe to their final destination.
By this time the migrant will be free from the “criminal travel agency” unless it has contracted
a constraint with the trafficker’s organization. In this case migrant will be forced to criminal
activities.
8
For the comfort of the writer sometimes is used only just one of the two words between trafficker and smuggler
43. Page 35 of 43
3. Illegal payment system
The payment system is operated through non-legal financial circuits and is called HAWALA.
It allows both money transfer and currency exchange through subjects in contact with each
other called HAWALADAR.
This method implies a relationship of trust between a payer, who wants to transfer funds and a
HAWALADAR, who, after receiving the money in local currency, will contact a trustee money
receiver in his country; a second HAWALADAR then will contact family members to whom
the money is for the transaction cost of the operation is a small percentage of the amount
transferred.
These operations can produce substantial revenue.
On this purpose see this sequence of wiretapping excerpted from acts of criminal trials
conducted by the Italian judicial authorities:
"Conversation between Miki and Gurum”: Gurum asks why the other is not answering his
phone, Miki says he's leaving the job, (the conversation is subdued) Gurum tells Miki that will
receive some money and to transfer them on its postapay, Miki asks who are the money, Gurum
says" ours "Miki tells him to be careful because "they're gathering at all" (meaning arresting)
and not to do unvalued things. Gurum says it's not a problem, then asks where and who are
people who owe him money. Gurum replies that HAWALA is there. Miki asks his name and
Gurum responds NAHOM. Miki says okay and to tell Nahom to bring him the money the day
after. At the end you hear other person in the background who says: "they made Hawala to 600
dollars"
"Wedi Gurum calls Miky and before the other replies you hear someone talking close to him.
Then Gurum tells Miky to tell "her" that should get in Addis Ababa by Nahom 2100. Miky asks
if "he" (Nahom) is there, Gurum says yes and adds that “she must receive as soon as she gets
there. From that point Miky tells Gurum that he will send a friend to collect money Gurum ask
why a woman named Sheba will not take care of it and Miky replies that she is busy with guests
at home".
4. Criminal capacity of traffickers
In addition to the organized network of accomplices that traffickers possess, their criminal
capacity is also defined by a detailed illegal planning of every aspect that characterizes the
journey of the migrant.
A relevant aspect of characterization of the trip is the form of reliability and guarantee for
migrants.
Criminal capacity is also shown by the almost non-existence of improvised actions that
constitute breeding grounds and explore for investigators as well as being able to illegally
introduce migrants into Italy, instructing them to avoid, if possible, photographic portrait
procedure. Migrants are usually transferred to Northern Italy and North Europe, before their
regularization.
The cruelty of traffickers is shown:
a) From the victim's level of dehumanization (Bandura, 2006), victim is considered real goods,
through the assignment of a serial number, buying and selling "packages" of migrant people
are in place (men, women, children)
b) From the ability of using multiple telephone users, phone users are continually subject to
changes and substitutions, on different national number prefixes, and this clearly in order to
escape the control of law enforcement.
See this excerpt of investigative measures (investigation made via the Italian prosecutor's
Office):
" During the interception the monitored phone has always remained in Libya and it has been
used as" service phone " both by M. and by his accomplices. From a certain point the suspect
moved to Sudan, (suspicion is that he’s still there), continuing to handle criminal trafficking by
the organization led by him and using another telephone number (no 00249).
44. Page 36 of 43
During the time that the Libyan telephone was used by the suspect, a lot of important contacts
between the suspect and an unidentified Eritrean subject named "Wedi Areb " (son of Areb)
were detected. Wedi Areb is user of number + 878000 connected to a prepaid calling card of
"Universal Personal Telecommunications Services", used in the USA, as conveyed by the
examination of the phone tab, broadcast by Telecom Italy Sparkle and add to investigative file".
5. Profile of Trafficker and Smuggler in Italy
From the data available, it appears that Trafficker is generally male, between 25-35 years old,
in possession of a residence permit, sometimes married, may be hosted and lived in a shelter,
can speak several languages, has good persuasion communication skills.
He doesn’t have a particular behaviour that may differ from migrant victims, hence easy to be
detected.
He is considered a point reference for migrants. The trafficker and the smuggler carry activities
on the collection of money to be delivered for the continuation of the journey, inter-regional or
moving toward the north Italy.
It owns multiple phone cards with only Italian numbers.
He liaises and sorts subjects from North Africa, Italy, Northern Europe and Asia.
He uses illegal payment systems such HAWALA.
6. Trafficker Locator Tools: Systemic and holistic
The more modern approach on criminological investigations is based on both holistic and
systemic methods.
From the analysis of the features and testimonials of alleged victims is possible to reconstruct
the modus operandi and the style of alleged perpetrators of crime.
During the recovery of migrants, becomes therefore necessary to adopt two strategic levels of
investigative type: direct and indirect.
- DIRECT investigative Level
At this stage, if requested by the judicial authorities, it would be useful to provide the digital
audio and video material acquired during navigation for the smooth running of the operation,
in order to translate and more specifically to hear conversations among the survivors who
might be talking about continuation of the journey after Italy, with specific reference to
subjects that need to be contacted once landed in Sicily, as well as conversations with
possible accomplices or leader of the criminal organization.
It is possible that during the boarding trafficker can give instructions and guidance to
survivors.
- INDIRECT investigative level
This level focuses on listening first women with minor children, because generally more
unrelated to the Organization of the traffickers.
Listening has the purpose to solicit their cooperation, after explaining risks and dangers to
which they might be exposed, by offering them guarantees of protection and security.
Notable in this regard is the understanding that flees their country does not imply any law
sanction in Italy; on the contrary, among international law obligations is the rescue and
humanitarian reception.
In this sense becomes useful to submit questionnaire in the presence, if possible, of the Expert
on gender and criminological issues with the scope to collect several personal data about the
travel with particular attention to subjects, whose ultimate goal is to reach the northern
European countries.
Questionnaire is used to assess the level and quantity of responses that may help understanding
feelings such as:
Anxiety, fear, resistance, silence, evasiveness, contradiction, claim for help, crying crises.
45. Page 37 of 43
These emotional states will represent the indicators that could be explored in order to
understand if the migrant is already arranged to be transferred abroad, who is his contact
person, and if he is aware of the highest level of the criminal organization.
At that stage it might be useful to have the presence of one or more Intermediaries as well as
the personnel with preparation and training on gender issues and aspects of general
criminology, in particular:
-Cultural mediator
It's the person with knowledge of culture and the languages spoken by migrants in charge of the
delicate task of putting migrants at ease, creating a climate of trust and cooperation by sharing
culture, traditions, and customs of the original territory of migrants.
-Gender and Criminological Advisor
It is the expert in gender issues with a particular focus on relationship and submission between
women and men (condition present in the countries of origin of migrants) and that lead to
psychological violence and terror, particularly on the female migrant;
It is also the expert in criminological dynamics that allow to formulate useful questions to the
investigation and to catch the clues that may arise during the questionnaire submission.
Particularly personnel with preparation and training on gender issues and aspects of general
criminology will follow two types of empirical methods:
1. Questionnaire for the survivor (the questionnaire is submitted directly by the interviewer,
to evaluate the communication modes of responses):
- Name
- Age
- Gender M/F
- Level of education: elementary, middle, top (be based on number of years of study)
- Current marital status: a) Domestic partner b) Married c) Unmarried d) widower e) Single
- Country of origin
- City of origin
- Country of destination
- Destination city
- People to reach (name, address, contact tel.)
- People they would like to be reached (other family members, children, etc)
- Contact person from Italy (name, address, contact tel.)
- Profession in the country of origin
- Working contacts in the destination country
- Trip has already been arranged YES/NO
- If YES, what is the name of the Organizer?
- If NO, do you know other people who have been delivered to someone else?
- If so, do you know where he was and the name of the person?
46. Page 38 of 43
Parameters of Grice
The responses can also be evaluated according to the parameters specified by Grice (quality,
quantity, relevance, methods) by studying the narrative process.
Below the summarized parameters of Grice, according to the scheme proposed by Dada and
other (table 1):
Violation of the maximum of “ Quality”
Inconsistencies and contradictions between
adjectives and episodes
Logic and / or factual contradictions
Fluctuations and rapid changes of voice or
point of view
Violation of the maximum of “ Quantity”
Lack of conciseness
Lack of completeness
Violations of the maximum "Relationship-
relevant"
Digressions and irrelevant answers
Active avoidance response
Violations of the maximum "Mode"
Convoluted and confusing sentences and
direct quotes
Improper metaphors and slang
Unfinished sentences, frequent interlayer
Interview to reconstruct the context and the actions of traffickers (indirect):
To listen to Survivors and detect information the two most efficient techniques are:
- CI technique (Cognitive Interview)
- SAI Questionnaire (Self-Administered Interviews)
CI technique (Cognitive Interview) (Fisher and Geiselman, 1992) is a technique designed
and developed in the United States and Britain to help police officers, armed forces,
including the Gender & Criminological Advisor to obtain comprehensive reports from a
witness without a negative impact on the accuracy of the content. This method contains
interview’s procedures to following order to increase the memory span without undermining
the accuracy.
This technique uses 4 components:
- First component:
Witness is asked to mentally reconstruct physical context and staff upon crime, based on the
assumption that the reconstruction of the environment increases the accessibility of
information stored in memory (Tulving & Thomson, 1973: encoding hypothesis).
47. Page 39 of 43
The interviewer can help the witness by asking him to retrieve an image or impression on the
environmental characteristics of the original scene, comment out the emotional reactions and
feelings had at that time and describe elements of the environment (sounds, smells etc.).
- Second component:
This consists to ask to recover everything back, partial information included, even those
considered irrelevant.
- Third component:
This consists to ask to collect facts, actions and places from different points of view.
This technique is used to discourage the witness from putting himself in the shoes of the victim
(if the witness is not the victim), or as another person who warns proximity (such as another
witness).
This recognition of elements that others would have seen or could have seen.
- Fourth component:
This consists on the request to try to remember, starting from different moments and timing.
Witnesses usually feel they have to start from the beginning; in the cognitive interview they are
asked to start telling the end or middle, and what has most affected them.
The cognitive interview seems to solve some problems identified in interrogatories such as:
witness story interruptions, excessive use of an inappropriate Q/A format, a sequence of
inappropriate questions (Mazzoni Rodriguez 2014).
As mentioned before SAI Questionnaire (Self-Administered Interviews) is another tool
(Gabbert, Hope and Fisher, 2009) along with CI.
SAI is a technique used to optimize the memory immediately after the fact through the
distribution of a questionnaire intended for use in situations where the capacity of investigation
has been limited subsequently to delegation of investigation activities to other institutions.
Therefore, it is a technique that can be used in military operations in which the first goal is
certainly not that of investigation. It’s an evidence-based innovative investigative technique; it is
a tool to enrich the witness and facilitate the memory.
It consists of a questionnaire with open questions to be delivered to the witnesses as soon as
possible.
Submitter must write with full details what the witness remembers; there are also questions
about crucial elements: people, actions in place, witness location, duration of observation,
perspective and level of attention. The outcome is a more accurate and detailed material than the
one that could be obtained from a regular interview (Mazzoni Rodriguez 2014).
Cognitive Interview (CI) and open questions Survey (SAI) are techniques whose depth training
can be delegated to the advisors
48. Page 40 of 43
ABBREVIATIONS
V.P. Vulnerable People
DOB: Date Of Birth;
EU: European Union
Europol: European Police Office
FGM: Female Genital Mutilation;
GBV: Gender Based Violence
HIV: Human Immunodeficiency Virus
IOM: International Organisation for Migration
NGO: Non-Governmental Organisation
UNODC: United Nations Office on Drugs and Organised Crime
UNHCR: Office of the United Nations High Commissioner for Refugees
C.I. Cognitive Interview
GLOSSARY
Asylum seeker – A person who seeks safety from persecution or serious harm in a country other
than his or her own and awaits a decision on the application for refugee status under relevant
international and national instruments. In case of a negative decision, the person must leave the
country and may be expelled, as may any non-national in an irregular or unlawful situation, unless
permission to stay is provided on humanitarian or other related grounds.
Child – Any person below 18 years of age (Directive 2011/36/EU). Related term: Minor.
Country of origin – The country that is a source of migratory flows (regular or irregular).
Country of destination - The country that is a destination for migratory flows (legal or illegal).
Discrimination against women – any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Emigration – The act of departing or exiting from one State with a view to settling in another.
Exploitation – The act of taking advantage of something or someone, in particular the act of taking
unjust advantage of another for one’s own benefit (e.g. sexual exploitation, forced labor or services,
slavery or practices similar to slavery, servitude or the removal of organs).
Gender equality – refers to equal opportunities and outcomes for women and men. This involves
ending discrimination and structural inequalities in access to resources, opportunities and services.
Promoting gender equality means taking into account that men and women, girls and boys have
different needs and roles.
Gender equity – refers to giving fair treatment to women and men, boys and girls according to
their respective needs. Ultimately, gender equity leads to the achievement of gender equality.
49. Page 41 of 43
Gender roles – the responsibilities traditionally assigned to women and men (girls and boys).
Gender roles are shaped by a multiplicity of social, economic, political, cultural and other factors
and they can change over time and may differ from one group of men and women to another.
Gender-based violence (GBV) – is an umbrella term, which refers to any harmful act that is
perpetrated against a person’s will, and where such an act is based on a person’s sex or sexual
identity.
Interview – The process of questioning or talking with a person in order to obtain information or
determine the personal qualities of the person. An interview is a common step in the adjudication of
an application for refugee or other immigration status.
Migrants – A broader-term for an immigrant and emigrant, referring to a person who leaves one
country or region to settle in another, often in search of a better life. NB: In an EU asylum and
migration policy context, this is understood to refer to a third-country national entering (or within)
the EU.
Migration – The movement of a person or a group of persons, either across an international border,
or within a State. It is a population movement, encompassing any kind of movement of people,
whatever its length, composition and causes; it includes migration of refugees, displaced persons,
economic migrants, and persons moving for other purposes, including family reunification.
Minor – In law, a minor is a person under a certain age—usually the age of majority—which
legally demarcates childhood from adulthood. The age of majority depends upon jurisdiction and
application, but is generally 18. Minor may also be used in contexts unconnected to the overall age
of majority. For example, the drinking age in the United States is usually 21, and people below this
age are sometimes called minors in the context of alcohol law even if they are older than 18.
In Italy, law nr. 39 of March 8, 1975, states that a minor is a person under the age of 18. Citizens
under the age of 18 may not vote (to vote for senators, 25), be elected, obtain a driving license for
automobiles or issue or sign legal instruments. Crimes committed in Italy by minors are tried in a
juvenile court.
Organized crime – Widespread criminal activities that are coordinated and controlled through a
central syndicate.
People smuggling – The transportation for financial or other material benefit of people to countries
for which they lack the necessary visas or entry permits. Normally takes place at the initiative of the
smuggled person or with their consent.
Perpetrator – A term commonly used by law enforcement officers to designate a person who
actually commits a crime.
Refugee - A person who owing to a well-founded fear of persecution for reasons of race, religion,
nationality, membership of a particular social group or political opinions, is outside the country of
his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of
that country. Additionally, a refugee can also be defined as any person compelled to leave his or her
country owing to external aggression, occupation, foreign domination or events seriously disturbing
public order in either part or the whole of his country or origin or nationality.
Repatriation - The personal right of a refugee, prisoner of war or a civil detainee to return to his or
her country of nationality under specific conditions laid down in various international instruments.
The option of repatriation is bestowed upon the individual personally and not upon the detaining
power. In the law of international armed conflict, repatriation also entails the obligation of the
detaining power to release eligible persons (soldiers and civilians) and the duty of the country of
origin to receive its own nationals at the end of hostilities. Even if treaty law does not contain a
general rule on this point, it is today readily accepted that the repatriation of prisoners of war and
civil detainees has been consented to implicitly by the interested parties. Repatriation as a term also
applies to diplomatic envoys and international officials in time of international crisis as well as
expatriates and migrants.
50. Page 42 of 43
Sexual exploitation – The use of another person in non-consensual sex for profit. Children are
especially vulnerable — attitudes to privacy can make communities reluctant to intervene in cases
of child sex exploitation, and children are targeted particularly by internet pornography and sex
tourism;
Smuggling - The procurement, in order to obtain, directly or indirectly, a financial or other material
benefit, of the illegal entry of a person into a State Party of which the person is not a national or a
permanent resident. Smuggling, contrary to trafficking, does not require an element of exploitation,
coercion, or violation of human rights.
Trafficking in persons – The recruitment, transportation, transfer, harboring or receipt of persons,
by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person, for the
purpose of exploitation. Trafficking in persons can take place within the borders of one State or
may be transnational.
Unaccompanied – An unaccompanied minor (sometimes "unaccompanied child" or "separated
child") is a child without the presence of a legal guardian. The UN Committee on the Rights of the
Child defines unaccompanied minors and unaccompanied children as those "who have been
separated from both parents and other relatives and are not being cared for by an adult who, by law
or custom, is responsible for doing so." The Committee defines separated children as those "who
have been separated from both parents, or from their previous legal or customary primary care-
giver, but not necessarily from other relatives. These may, therefore, include children accompanied
by other adult family members.
Violence against women – Any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
Vulnerable person – Refers to minors, unaccompanied minors, disabled people, elderly people,
pregnant women, single parents with minor children and persons who have been subjected tom
torture, rape or other serious forms of psychological, physical or sexual violence.
51. Page 43 of 43
APPENDIX
GENDER ADVISOR COURSE WITH PARTICULAR FOCUS ON
VULNERABLE PEOPLE & SMUGGLER TRAFFICKER PROFILES
a. Module 1: Role of Gender Advisors and Gender Field Advisors in Operations 1-23
b. Module 2: Gender focal point 1-18
c. Module 3: Vulnerable People 1-18
d. Module 4: Smuggler and Trafficker Profiles 1-26
e. Module 5: Smuggler and Trafficker Criminological Profile 1-20
Lecturer:
OF5 Massimiliano Perrotta
OF3 (Lawyer) Federica Mondani
OF2 Daniele Di Vincenzo