Online Edition- Basic Training Manual on Investigating and Prosecuting the Smuggling of Migrants

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The Basic Training Manual on Investigating and Prosecuting the Smuggling of Migrants brings together criminal justice expertise from around the world.

Read more about the Basic Training Manual on Investigating and Prosecuting the Smuggling of Migrants in the Introduction.

Modules in the Manual:

Module 1: Concepts and categories of the smuggling of migrants and related conduct

Module 1 focuses on the definitions and constituent elements of the offence of migrant smuggling and related conduct, and main categories of modi operandi of smuggling of migrants.

Module 2: Role of smuggled migrants and smugglers of migrants in investigations - This Module is not publicly available

Module 2 focuses on debriefing, both smuggled migrants and smugglers of migrants. It looks at best practices for collecting evidence from them, and the challenges involved in seeking their cooperation. It also addresses the limitations involved in using smuggled migrants' as witnesses.

Module 3: Investigative approaches - This Module is not publicly available

Module 3 looks at standard investigative approaches. It defines the various specialist techniques utilized in investigations, such as proactive, reactive, and disruptive investigative techniques. It also looks at the potential for non-judicial outcomes and the factors that may aggravate or mitigate offences.

Module 4: Financial investigation - This Module is not publicly available

Module 4 focuses on the role of financial investigations in combating migrant smuggling. It addresses the key aspects to consider when conducting financial investigations. It also covers the various stages of financial investigations; the pre-arrest phase, seizure of assets and confiscation of the proceeds of crime.

Module 5: Covert investigative techniques - This Module is not publicly available

Module 5 examines what are often described as covert investigative techniques, that is, techniques that diverge from the routine investigation methods. The module covers different specialist surveillance and undercover operations utilized in investigations into the smuggling of migrants.

Module 6: Intelligence - This Module is not publicly available

Module 6 examines the various types of intelligence and their value in investigations into the smuggling of migrants. It discusses the types of strategic, operational and tactical intelligence that can be employed. It also considers how intelligence can best be gathered, analyzed and shared amongst counterparts.

Module 7: Legislative Issues

Module 7 looks at some of the legal issues that surround investigations into the smuggling of migrants, within the context of safeguarding smuggled migrants' rights. In particular, it looks at the legislative background with respect to the offence, and the alternative offences that could be prosecuted in cases where either no smuggling of migrant offences exist or there is insufficient evidence to support a charge of smuggling of migrants.

Module 8: International cooperation

Module 8 examines issues pertaining to international cooperation that feature in most, if not all, investigations. It discusses the various types of cooperation that can be provided, as defined by the Organized Crime Convention. It also covers how to request extradition and mutual legal assistance from counterparts, as well as the fundamentals on establishing joint and interagency investigation teams.

Module 9: Human rights

Module 9 examines the relevant human rights issues that should be considered when investigating and prosecuting the smuggling of migrants. It focuses on the roles of law enforcement agencies and prosecutors in protecting and promoting the human rights of smuggled migrants and suspected migrant smugglers. It also covers the principles relating to the protection of refugees.

Annexes.

Annex I. Witness statement
Annes II. Planning and strategizing

 

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