European Union

Statement on the occasion of 23

rd
session of the Commission on Crime
Prevention and Criminal Justice
Vienna, 12-16 May 2014
Opening Statement

Check against delivery

Mr Chairman,

1. I have the honour to speak on behalf of the European Union and its Member
States.
1
The following countries align themselves with this statement: Turkey

,
Iceland

, the former Yugoslav Republic of Macedonia

*
, Montenegro
*
, Serbia
*
,
Albania
*
, Bosnia and Herzegovina
*
, Liechtenstein

, Norway

, Ukraine, the
Republic of Moldova and Armenia.

2. Let me start by welcoming you, Mr. Chairman, as Chair of this 23
rd
Session of
the Commission on Crime Prevention and Criminal Justice. We are confident
that under your able guidance, we will be in a position to successfully
accomplish the work before us this week and I would like to assure you and
the other members of the Bureau of our full cooperation in this regard.

3. Before moving on to other matters, I would like to express the EU's shock and
deep sadness over the brutal murder of two friends. Clment Gorrissen, a
French citizen, and Simon Davis, a British citizen, were killed in Galkayo,

1
The way the EU statements are delivered in this Commission is subject to ongoing clarifications in
the context of the ECOSOC reform Resolution 68/1.

Candidate Country.

Candidate Country Iceland continues to be a member of the EFTA and of the European Economic
Area.
*
Candidate Countries former Yugoslav Republic of Macedonia, Montenegro and Serbia as well as
potential Candidate Countries Albania and Bosnia and Herzegovina continue to be part of the
Stabilisation and Association Process.

Liechtenstein and Norway are members of the EFTA and of the European Economic Area.
Somalia on 7 April 2014. Their murder was a tragic reminder of the threat that
we all face from crime and terrorism. Clment and Simon were taking part in
the UNODCs excellent work in East Africa, their work and those of their
colleagues is helping to deliver a better future for Somalia. The EU condemns
this atrocious act in the strongest terms.

Mr Chairman,

4. Even in the face of this heinous and cowardly attack, an essential principle for
the EU remains the promotion and protection of fundamental rights for all.
Human dignity, liberty, democracy, equality, solidarity, the rule of law and
human rights are at the heart of everything we do. The EU is opposed to the
use of measures of any kind that are not respectful of the human being. In this
regard, we oppose the death penalty in all cases and without exception, and
we are consistently calling for its universal abolition.

Mr Chairman,

5. We welcome the topic of this years thematic discussion on international
cooperation in criminal matters. Continued globalisation has enabled people
and ideas to travel beyond national borders with greater ease than ever
before. This positive exchange also necessitates, now more than ever,
intensified comprehensive international cooperation between Member States
and their judicial authorities. In this context, continued technical assistance
and capacity building is necessary, not least to meet the growing challenges
posed by cybercrime.

6. The investigation and prosecution of crimes can involve suspects, witnesses,
evidence or assets located outside the territory of the State that is conducting
the investigation and/or prosecution. International cooperation in criminal
matters in accordance with international obligations and national laws is
therefore a cornerstone of our continued efforts to end impunity. The thematic
discussion will provide us with an excellent opportunity to take stock of
lessons learned and challenges faced.

7. The international legal framework, including UNTOC and UNCAC, provides a
basis for international cooperation, including extradition and mutual legal
assistance. However, gaps may exist in relation to international cooperation in
criminal matters and we therefore also look forward to reviewing this issue
and to exploring the need for various means of addressing gaps that are
identified.

8. The EU concluded agreements on mutual legal assistance in criminal matters
and extradition with some third countries, enhancing cooperation between EU
Member States and those third countries complementing bilateral agreements
of EU Member States. The EU Member States also implement relevant UN
conventions, including UNTOC and UNCAC, as well as conventions of the
Council of Europe. Among EU Member States, mutual legal assistance and
extradition instruments are being progressively replaced by instruments in the
EU legislation, such as the European arrest warrant, confiscation orders, joint
investigation teams, which improved and simplified judicial procedures
designed to surrender people for the purpose of conducting a criminal
prosecution or executing a custodial sentence, or the mutual recognition of
confiscation orders.

9. The recently agreed EU Policy Cycle 2014-2017 contains a number of key
priorities in the fight against organised and serious crime for the period 2014-
2017. These priorities are to disrupt organised criminal groups involved in
illegal immigration and human trafficking, to combat cybercrime and trafficking
in firearms, to reduce production of synthetic drugs in the EU and to reduce
drug trafficking to the EU.

10. The EU established special cooperation mechanisms such as Eurojust as a
body promoting cooperation and coordination between the competent judicial
authorities in the EU countries involved in investigations and prosecutions of
serious cross-border criminal cases, and networks of practitioners such as the
European Judicial Network and the European network of contact points in
respect of persons responsible for genocide, crimes against humanity and war
crimes, which facilitate direct contacts between judicial authorities in EU
countries in their relevant areas of expertise.

Mr Chairman,

11. Turning to the wider agenda of this weeks Commission, we would underline
that in addressing such a wide and diverse range of issues, it is important to
ensure a consistent and coherent approach. In this regard, we reaffirm the
importance of the United Nations Convention against Transnational
Organized Crime and the Protocols thereto as well as the United Nations
Convention against Corruption. We recognise the work of UNODC to assist
Member States in the full and effective implementation of these conventions.
Mr Chairman,

12. Trafficking in persons is a global, cross-cutting issue which affects all regions
and countries of the globe. It has a devastating impact on the humans who
are victims of it.

13. Trafficking in persons is a heinous violation of human rights, particularly those
of women and children. Trafficking today is a huge and growing business
making it one of the most lucrative illicit activities globally. This is money we
know will sooner or later be used to fund other forms of criminal activity, such
as illicit drug trafficking and trade with small arms.

14. UNODC is the only United Nations entity focusing on the criminal justice
element of these crimes. The EU and its Member States appreciate and
support the valuable efforts of UNODC and also in its work to get a better
coordinated response by other multilateral organizations through the Inter
Agency Coordination Against Trafficking (ICAT) group.

15. The EU has been engaged in the fight against the smuggling of migrants, both
from the perspective of its internal policies, but also through its external
cooperation action, and is fully committed in addressing irregular migration
and in the fight against networks of smugglers who take advantage of
migrants, while ensuring that those in need of international protection have
access to appropriate procedures and assistance.

Mr Chairman,

16. The first EU Anti-Corruption Report was published by the European
Commission in early February this year and is intended to give an
assessment of how each Member State tackles corruption, how laws and
policies work in practice, and it suggests how each country can step up the
work against corruption.

17. Over the last decade, there has been a visible rise in public awareness on
corruption. Anti-corruption policies have been placed higher up on the political
agenda of EU Member States. New legislation has been adopted, new
institutions have been set up and national anti-corruption strategies have
been adopted by EU Member States.

18. The risk of progressive infiltration of organised crime into the legal economy is
also a significant challenge for Europe, which needs to be addressed based
on effective national systems and on international cooperation. A new EU
Directive on confiscation was adopted in March 2014. It will give more far-
reaching powers to the police and judicial authorities, while fully respecting
fundamental rights. The cooperation between EU Member States in this area
has drastically improved after the establishment of national Asset Recovery
Offices.

19. The prevention of money laundering is another key tool to impede the
infiltration of organised crime in the economy. The revised international
standards of the FATF and strengthening the cooperation between Financial
Intelligence Units are very important in this regard.

20. The EU spares no effort to help return misappropriated assets to their rightful
owners, as this sends a strong message against the impunity of those
involved in corruption and money laundering. Legislative frameworks were put
into place that authorise EU Member States to release frozen assets on the
basis of judicial decisions recognised in EU Member States. In addition, they
facilitate the exchange of information between EU Member States and the
relevant authorities of requesting states around the world.




Mr Chairman,

21. Terrorism is a constant and very present challenge to all of us, both as
individuals and societies. It destroys human life and condemns victims to
lifelong suffering and disability. The EU attaches great importance to the
universal adherence to, and full implementation of all international Counter-
Terrorism Conventions and Protocols. At the same time, we want to
emphasise that any measures we take to prevent and combat terrorism must
comply with our obligations under international law, in particular international
human rights law, refugee law and humanitarian law.

Mr Chairman,

22. International efforts have contributed to a dramatic decline in piracy off the
coast of Somalia. However, we have to remain very vigilant and engaged.
Few piracy leaders have been arrested, and many sailors are kept hostage
under atrocious circumstances. The root causes of piracy remain. Therefore,
piracy continues to be a threat to the security of important international
maritime routes and international trade. This is a complex issue, which
requires a comprehensive approach and a range of effective instruments. We
appreciate the concrete results of the UNODC Maritime Crime Programme in
this regard. These activities form a substantial part of the overall efforts of the
international community to address the threat of piracy and they enjoy the full
and active support of the EU and its Member States. The long-standing
engagement of the EU in the fight against piracy in the Western Indian Ocean
is also evident through its naval operation EUNAVFOR Atalanta. We
underline the crucial importance of combating money laundering also in the
context of addressing the threat of piracy.

23. We note that the threat of piracy and other maritime crimes in West Africa is
growing and that local efforts to tackle this threat deserve coordinated
international support. In this respect, the EU and its Member States support
the efforts of our partners in West Africa to enhance security and increase the
safety of maritime routes in the Gulf of Guinea.

24. The EU is fully involved in the work of the Contact Group on Piracy off the
Coast of Somalia, as set out by the UN Security Council Resolutions on piracy
off the coast of Somalia, in 2014.

Mr Chairman,

25. The EU would like also to express its concern regarding counterfeiting goods
as a growing global issue, in particular, fraudulent medicines, have severe
consequences, as a public health risk, with those affected suffering serious
health consequences or even death, and as a safety threat due to their
substandard nature.




Mr Chairman,

26. Environmental crime was the topic of last year's thematic debate, and the
developments since that debate have highlighted the importance of the issue,
notably in the area of wildlife crime. In recent months, high-profile events in
Paris, London, Berlin and Brussels took place to raise awareness and to
ensure high-level political commitment to fight wildlife crime more effectively.
The European Commission has just concluded a stakeholder consultation on
the need to review the approach against wildlife trafficking, both within the EU
and internationally.

27. International cooperation in the fight against poaching in Africa is of critical
importance. Organised crime is strongly involved in the trafficking of
endangered species. Therefore, implementing the political commitments we
have taken, including those resulting from the resolution we adopted last year
on wildlife crime at the CCPCJ, is essential.

Mr Chairman,

28. At this point in time, I would like to confine myself to these remarks. We have
prepared a statement under agenda item 5 and will be delivering it at the
relevant time.

Thank you, Mr Chairman.