Transnational Organised Crime in the Caribbean: Challenges

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Transcript Transnational Organised Crime in the Caribbean: Challenges

Presentation by the Ministry of National Security,
Government of Jamaica
Presenter: Mrs. Michele Lemmon
April 7, 2016
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The Scenario
◦ Gangs & Transnational Organised Crime in Jamaica
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Addressing Gangs & Transnational Organised
Crime in Jamaica
Lessons Learned and the Way Forward
Caribbean Human Development Report,2012 states:
“Street gangs and organized crime groups are major obstacles to
meeting regional development goals.
They affect quality of life, erode the development of human and
social capital, and divert substantial resources away from more
productive uses….
The crimes and corruptive influence of gangs that perpetrate them
also lead to decreased economic performance of the country.
Crime diverts a country’s limited resources towards crime
prevention and control initiatives, and away from sectors that can
fuel economic growth and human development such as education
and the maintenance of physical infrastructure….”
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Jamaica’s high crime rates & the prevalence of
transnational criminal gangs cannot be examined in
isolation from the situation existing in the wider
LAC region.
UNODC identified 7 countries in the region,
including 2 from the English-Speaking Caribbean
(Jamaica and St Kitts & Nevis), among the top ten
with highest homicide rates across the globe
(Global Homicide Report, 2013).
The region’s precarious position is impacted by:
◦ home to major centres of illicit drug production;
◦ large unmanned maritime space -creates ideal smuggling
routes for all types of contraband;
◦ prevalence & availability of illegal guns and ammunition
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In 2005, Jamaica recorded the highest homicide rate
globally, higher than countries that were in a state
of open conflict.
GOJ responded to undertake a comprehensive
analysis of the crime situation in the island
The result: National Security Policy (2013), NSP,
which defined the Tier one threats to Jamaica as
follows:
Categories of Threat
Types of Crimes
Transnational
trafficking in narcotics,
Organised Crime weapons and people; money
laundering;
cybercrime – including Lottery
Scams, identity theft & fraud
Gangs and
domestic
organized crime
Gang-dominated
garrison
communities
intimidation, extortion, contract
killing, kidnapping, money
laundering, dealing in illegal drugs
and weapons
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The Policy also found that the main causes of
violence and homicide are transnational
criminal organizations and local gangs who
are supported by corruption, fraud, extortion
and money laundering.
The adoption of a coherent anti-gang strategy to combat
gang activity & reduce high crime levels
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Focused enforcement
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Community-based Policing
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Support for witnesses and victims
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Clear, hold and build
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Prevent recruitment
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Denial of liberty
◦ increased probability of detection & punishment
◦ increased speed of punishment
◦ population-centric, counter-insurgency tactics
◦ strengthening the Witness Protection Programme
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Recent evidence indicates that there are
between 250 – 260 gangs operating in
Jamaica.
These gangs are spread across all 14
parishes, and together are estimated to
account for 70% of all criminal activity in
Jamaica, in particular, murders and shootings.
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Gangs (first and second generation)
◦ often in the employ of organized crime syndicates (third
generation gangs)
◦ they perform security functions for illicit commodities at
entry ports.
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Gangs perform
◦ contract killings, abduction, kidnapping, intimidation
◦ enforce “Code of Silence” which organized crime needs
in order to operate with impunity in vulnerable
communities.
Source: JCF
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Transnational criminal organisations (third generation
gangs) are now more actively involved in drug
trafficking. It is believed they have established a
dedicated drug trafficking arm within the gang
structure.
Second generation gangs are also actively linked to
the drug trafficking syndicates; often times being
hired to do protection, as well as logistics.
The drugs for guns trade has seen many of the drug
traffickers become also weapons traffickers. They
have developed large clientele base among the
criminal gangs across the island as they provide a
continuous supply of weapons and ammunition
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GOJ has passed critical legislation over the past
ten years to combat the gang problem:
The Criminal Justice (Suppression of Criminal
Organisations) Act, 2014, more commonly
known as the Anti-Gang Legislation;
The Proceeds of Crime Act, 2007 and
Amendment, 2013; and
The Law Reform (Fraudulent Transactions)
(Special Provisions) Act, 2013, commonly
referred to as the Lottery Scamming Law
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Over 340 persons have been charged under
the legislation since its enactment
◦ most for being a member of a criminal organization
◦ in some cases being a leader of a criminal
organization
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Gangs impacted include some of Jamaica’s
most notorious gangs, in Jamaica’s crime
hotspots including:
◦ St. Catherine - Klansman; One Order; Strikers Gang;
◦ Clarendon - Savannah Gang
◦ St. James - Alliance and Sparta Gangs;
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In 2012/2013 the JCF established the National
Strategic Anti-Gang Unit, which is situated
under the Counter-Terrorism and Organised
Crime Unit, CTOC.
The National Strategic Anti-Gang Unit:
(i) Coordinator for all Anti-Gang activities undertaken
by the JCF
(ii) Secretariat for the National Anti-Gang Tasking &
Coordination Committee.
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Area level Anti-Gang Coordinating Committees
and Divisional level Proactive Investigation Units
have also been established.
Operational Anti-Gang Initiatives
Operational policies developed by the
JCF:
‘6-D’ Strategy;
 Standard Operating Procedures;
 List of Anti-Gang triggers; and
 Gang Investigators Checklist.
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The 6-D Strategy mandates the JCF to:
 Disrupt organised crime and gangs
 Deny freedom of movement and freedom of action
to gang members
 Disarm gang members by taking their guns
 Defend the communities from their influence and
violence and employ effective law enforcement
 Dissuade citizens from involvement in Organised
Crime and Gangs
 Deprive the syndicated and gangs of the proceeds
of their crime
The Major Organised Crime and Anti-Corruption
Agency, MOCA, established in August 2014 as an
independent law enforcement agency
In 2015, MOCA arrested:
 26 persons for activities related to major
organized crime
 14 persons for public sector corruption
 180 persons for economic/financial crime
 47 persons for police corruption
Based on those arrests, 216 persons have been
charged with various breaches of the law.
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It is estimated that some 70% of criminal
activity in particular murders and shooting
are committed using a firearm.
◦ Below the global average of 75.7% (UNODC Global
Study on Homicide 2013)
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In September 2015, Get the Guns Campaign
launched
◦ Between September 2015 to March 2016 a total
of 298 firearms and 3633 rounds of ammunition
have been seized.
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Criminal gangs have become reliant on illegal
lottery scamming activities operating predominantly
in Western parishes.
Established gangs have sought to take control of
the illicit enterprise of lottery scamming through:
◦ recruit or pressure lottery scammers into service on their
behalf.
◦ extort & perpetrate violence against and on behalf of lottery
scammers.
◦ Engage lottery scammers and offer them protection from
other criminals who target them for extortion purposes.
◦ encourage scammers to join their gangs to have a
consistent flow of cash for their criminal networks
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Lottery Scamming has also significantly
impacted the illicit guns for drugs trade, by
increasing the demand for illegal weapons and
ammunition and is fast becoming one of the
driving forces behind firearms trafficking in
Jamaica.
Guns have now become a common feature
among lottery scammers who, in an effort to
protect their new found wealth and potential
status in the communities are buying firearms.
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Since the passage of the Law Reform
(Fraudulent Transaction) (Special Provisions)
Act of 2013, eight hundred (800) persons
have been charged for various breaches
with Possession of Identity Information
accounting for the vast majority of persons
arrested. To date, seventy (70) persons have
been convicted.
Evidence that lottery scammers are:
(i)
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Using remittance services in Eastern
Caribbean territories to access their illgotten gains;
Targeting citizens in other countries
outside of the USA
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The presence of a pervasive gang culture in
which gangs/dons are seen as doing positive
things in communities. Reduces the willingness
of some residents to support the investigative
process.
A culture of silence - communities with high
gang density
Insufficient resources to undertake convert
(undercover) operations (incl. to recruit
persons with access to the gangs)
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Limited experience/capacity in investigating
organized crime and gangs
Chronic levels of fear for residents who are
mindful to assist/give statements in
furtherance of the prosecution
Limited social intervention services for gang
infested communities.
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Develop a comprehensive National Anti-Gang
Strategy, at the policy level, to include both law
enforcement and social intervention activities
Establish a National Anti-Gang Review
Committee, to be housed in the Ministry of
National Security
Legislative Review
Build capacity in the JCF (e.g. training in proactive
investigation techniques) and other arms of the
State
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Increased collaboration with social organizations
to implement social intervention programmes in
order to reduce the attraction of the gang culture
particularly among the youth
Increase efforts to build trust and confidence of
the public, particularly inner city residents, in the
JCF
Increased collaboration with countries in the LAC
region, including through training/sharing of
experiences & expertise; and formalised bilateral
cooperation agreements.