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Atti del 1° Seminario Europeo "Falcon One" sulla Criminalità Organizzata Roma,
26 - 27 - 28 aprile 1995
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1. General aspects
Illegal running of people which is basically the promotion of illegal migration has become one of the most important world-wide activities of OC in the nineties, due to:
- low risks for the criminals and
- enormously high profits.
1.1 Concerned authorities
- EDU (Europol Drugs Unit), charged with fighting illegal running of people since March 1995;
- UNO;
- IOM (Inter National Organisation for Migration);
- the migration conferences (conferences of Ministers of the Interior of West and East European countries, so far in Berlin in 1991 and in Budapest in 1993);
- the follow-up working groups attached to these conferences;
- the working group CIREFI within the framework of the third pillar of the EU, and
- other numerous Gos, NGOs and working groups.
1.2 Problems of the authorities
- Multiple competences;
- lack of co-operation.
1.3 Necessary measures
- Police measures;
- specific information on the potential migrants in the country of origin about the methods of organisations engaging in illegal running of people;
- more economic aid for Third World countries;
- a guaranteed quick repatriation of illegal migrants into their countries of origin;
- an international stiffening of the penal clauses for criminals involved in illegal running of people etc.
1.4 Extent of illegal migration and payments
- Estimated 250,000-350,000 persons every year mainly from Asia, Africa and Eastern Europe to Western Europe;
- more than half of them are being handled by international organisations engaged in illegal running of people;
- only about 60,000 persons are caught by police while trying to cross a border illegally;
- up to 30,000 US-Dollars for the services of criminals engaged in illegal running of people are paid.
1.5 Forms of illegal running of people
Individuals casually involved in illegal running of people
This cannot be described as organised illegal running of people and it is fought by means of efficient border controls, especially at border control points.
Small but well organised criminal gangs
Very often specialised in bringing people from a certain country of origin to a certain target country. Not very flexible. Typical examples of this kind of illegal running of people are the organised trips of Rumanians and former Yugoslavs to the West.
Big international organisations involved in illegal running of people
Characteristics:
- they are highly developed and divide their tasks;
- they are very flexible;
- they can forge or falsify documents or illegally obtain documents on a large scale;
- they have representatives world-wide thus enabling them to smuggle people into any target country;
- they dispose of state-of-the-art means of communication, and
- they offer accommodation and jobs in the transit and target countries.
A typical example of this kind of illegal running of people is the organised illegal migration of Chinese to nearly all Western countries.



2. Situation in Austria
2.1 Organisational facts



2.2 Legal basis
To the Austrian law pertaining to foreigners illegal running of people is the promotion of illegal entry or exit of a foreigner.
It constitutes an administrative violation and is sanctioned with a fine of up to 200,000 Austrian Shillings (about 20,000 USDollars).
In more severe cases illegal running of people becomes an violation of the law and is to be punished with a year imprisonment, in the case of professional illegal running of people up to three years.
The illegally running of people are not legally punishable.
For criminal and pre-criminal proceedings the general rules of the criminal procedure code and of the police regulations apply.
2.3 Short statistics
In 1994 about 854 individuals engaging in illegal running of people were reported (increasing rate about 150%).
In 1994 about 6,332 illegally run people were seized (increasing rate about 200%).
The individuals engaging in illegal running of people were nationals from 40 countries, especially Yugoslavs, Bosnians, Turks, Slovenes, Macedonians, Croats, but also Italians, Austrians and Germans.
The illegally run people that were seized had come mainly from Romania, the States of the former Yugoslavia, Turkey and Peru.
Considerably more illegal border crossers came by bus in 1994 (19% compared with 10% in 1993) and car (12% compared with 1% in 1993), considerably less (53% compared with 68% in 1993) used the so-called "Green Border" i.e. crossed the border illegally were there are no border control points.
The main target countries of illegally run people were Germany (45%), Austria (25%) and Italy (11%), just like the year before.
2.4 Three important cases of illegal running of people of 1994 and their details
Philippine organisation
About 4,000 Philippine nationals, mainly young girls, were illegally brought to Austria and other West European States over the last three years. In most cases the target country was Italy where these girls were used as cheap labour in households. The costs vary from 50,000 Austrian Shillings up to 250,000 ATS, depending on the services required. This organisation was also distributing drugs.
Gang consisting of Egyptians and Iraqis
This gang was specialised in the smuggling of Arabs and Africans illegally staying in Austria. The emigrants were hidden in lorries and illegally taken across the border.
About 20 persons per week were smuggled like that from Vienna to Germany and the Netherlands, about 1,800 persons in three years.
Turkish gang
They specialised in the smuggling of persons (about 1,000 to 2,000 in the past few years) hidden in lorries and buses from Istanbul via Bulgaria, Rumania and Hungary to Austria and Germany.
Very often the illegal migrants were given forged travel documents that were taken away from them upon arrival in target country to be used for other smugglings across the border.
The head of the ring was in touch with another big international organisation specialised in illegal running of people.
La versione integrale del n. 4/2011 sarà disponibile online nel mese di maggio 2012.