Human Smuggling—European Network

One of the categories of transnational crimes that is receiving enormous amounts of attention in recent months is human trafficking and smuggling.^[1] Today, European authorities have announced that “an international people smuggling ring” has been smashed in an operation that saw “raids by police in UK, Italy, France, Greece and Turkey.”^[2] After three years of investigation, 53 people were arrested in the five countries.^[3]

The migrants came from the Middle East, according to authorities, with most of them ending up in Britain and some in France.^[4] More than 5,000 people, who paid up to US$15,000 (£8,500), were trafficked in boats and trucks to Italy via Greece; they then paid about half that amount for the entry into France or Britain.^[5]

Of the 53 people arrested, 22 were in France, 18 in Italy, 7 in Britain, 3 in Turkey, and 3 in Greece; the network was allegedly created five years ago and run by an Iraqi Kurd living in Rome known as Arsalan, who made several million dollars.^[6] In addition to the 53 people arrested as part of the networks, 56 illegal immigrants were arrested in France.^[7]

Both Interpol and Europol take the transnational transportation of humans very seriously. Interpol splits its analysis of transnational transportation of humans into three categories: trafficking in people for labor or sexual exploitation, people smuggling, and child sexual exploitation.^[8] Europol views the transnational transportation of humans in two ways: the first is trafficking in human beings, and the second is illegal immigrant smuggling.^[9] Trafficking in human beings is defined by Europol as the “[s]ubjection of a person to the real and illegal sway of other persons by using violence or menaces or by abuse of authority or intrigue with a view to the exploitation of prostitution forms of sexual exploitation and assault of minors or trade in abandoned children.”^[10] It also notes that “exploitation” includes “the production, sale or distribution of child pornography material.”^[11] Europol defines illegal immigrant smuggling as “[a]ctivities intended deliberately to facilitate, for financial gain, the entry into, residence or employment in the territory of the Member States of the European Union, contrary to the rules and conditions applicable in the Member States.”^[12]

You might notice that neither definition addresses trafficking for labor, which the EU,^[13] the UN,^[14] Interpol, and the United States, in its Trafficking Victims Protection Act of 2000^[15], do address. To that end, Europol does acknowledge that “Europol definitions are not in line with any of the definitions that are internationally recognised” and a proposal to change Europol’s definition has been made.^[16]

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[1] We have explained the difference between trafficking and smuggling, at least as far as the United States is concerned, here. Interpol, for its part, states that “Human trafficking is distinct from people smuggling in that it involves the exploitation of the migrant, often for purposes of forced labour and prostitution. People smuggling implies the procurement … of the illegal entry into a state.” Trafficking in Human Beings, Interpol, last visited Dec. 15, 2005 [hereinafter THB].
[2] Migrant Smuggling Network Smashed, BBC News, Dec. 15, 2005.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Europol, Coordinated Action in 5 Countries Against a Major People Smuggling Network, Dec. 15, 2005.
[8] See THB, supra note 1.
[9] Europol, Legislation on Trafficking in Human Beings and Illegal Immigrant Smuggling 13, Oct. 2005 [hereinafter Legislation]. (PDF)
[10] Id.
[11] Id.
[12] Id. at 14.
[13] Id. at 8-13.
[14] Id.
[15] Pub. L. No. 106-386, 114 Stat. 1464 (2000) (codified at 22 USCS §§ 7101-7110)
[16] Legislation, supra note 9, at 14.