Organised illegal immigration and human trafficking

Report: 09
Date: 8 May 2003
By: Commissioner

Summary

London remains the principal target area for both organised crime groups and illegal immigrants within the United Kingdom.

Organised crime groups pose a significant threat, which is growing to a large number and wide diversity of groups, many of which demographically concentrate in visible communities, many of whom are relatively recent arrivals in London. This problem is unique to our capital city.

Besides indigenous organised crime groups many non-indigenous groups have a negative impact on the crime in London particularly regarding serious crime such as the trafficking of drugs, human beings, cyber and financial crime.

Due to the size and spread of London this problem is unique within the UK and the MPS are providing a unique response, which involves partnerships in a problem solving approach to these threats. Community consultation, outreach working and support are a critical success factor. This is difficult to accomplish due to lack of community representations within the public and political institutions.

A. Recommendations

Members are asked to continue to support the work being carried out by the MPS on this issue and to note the report.

B. Supporting information

1. The purpose of this report is to provide an update on the current MPS response to the emergence of a range of organised crime groups and the trafficking of human beings that are a significant threat to the large diversity of ethnic groups within London.

2. Migration from poorer, less-developed, disadvantaged or troubled areas of the world to more stable and affluent countries is a global phenomenon, one that is centuries old. The difference in recent years is the scale on which it is taking place.

3. The Metropolitan area is undoubtedly the principal target area for both Organised Crime Groups and illegal immigrants within the UK. London has a large number and wide diversity of groups, many of which demographically concentrate in visible communities. Many communities contain both illegal immigrants and organised facilitators/traffickers. A key feature is that often in practice perpetrators and victims come from the same communities.

4. For historical reasons, some migrants may be legally entitled to take up residence in another country, for example some citizens of Hong Kong pre 1997 who were entitled to British citizenship. Others may be granted asylum or refugee status. But the majority, whether or not they are ultimately successful in an application to remain legally, are unable to make the journey to the West unaided. There has always been a market for criminals to facilitate those that need help to pass through or around whatever controls are in place, by providing corruptly obtained, forged or stolen travel documentation, or a secure means of transportation, or fraudulent sponsor so that visitor or resident status can be officially obtained. There is considerable anecdotal evidence of the impact that organised crime and its human trafficking have on the social environment in which it operates.

5. The picture of organised criminal involvement in immigration crime is less well developed than that for example Class ‘A’ drugs trafficking. However, as the Home Office have become more concerned about immigration and introduced more controls, so the opportunities for serious and organised criminals to profit from would-be migrants by providing them with fraudulently obtained, forged or stolen travel documentation, or secure means of transportation across borders, have increased. So too have the opportunities to exploit migrants as cheap labour, including in supporting criminal roles. The determined efforts and significant risks taken to enter the UK by migrants who have already made it safely to another EU country demonstrate that the UK and particularly London remains the preferred destination for many. There are significant opportunitities for organised criminals based in Europe and the UK to exploit the vulnerabilities for financial gain.

6. The numbers trafficked, rather than facilitated, are relatively small. In London, trafficking victims have come principally from the Balkans, the Baltic States and Thailand, with a growing number from North and West Africa and South East Asia, including Vietnam and Cambodia. Some of those trafficked will be employed in sweatshops or in unskilled jobs, but a proportion will have been trafficked specifically to work in the vice trade. In London it appears that foreign prostitutes, especially from the Balkans, the former Soviet Union, and from the Far East, especially Thailand, now dominate the ‘off-street’ vice trade. There are indications that criminals from the Balkans, especially ethnic Albanians, are seeking to gain control of the trade, particularly by taking over ownership of brothels and saunas, and are prepared to use violence to achieve this. This has led to a massive growth in off-street ‘brothels’ and some of the issues are reflected in high incidence of kidnappings, which are identified by the MPS.

7. Serious and organised criminals exploit illegal immigrants to London, many from Eastern Europe and in particular the Baltic States, as cheap casual labour in packaging, catering, cleaning, and on production lines.

8. Chinese organised crime in London controls significant numbers of illegal immigrants, traditionally working in restaurants in big cities but now being displaced elsewhere in the illegal labour market, including seasonal employment in agriculture. Chinese Snakehead groups are active in trafficking women for the vice trade in London.

9. Though small, the number of unaccompanied minors arriving in the UK from West Africa is a growing concern. Intelligence suggests that some children as young as eight are used as domestic servants by some West African families in the UK, while others have been sent via the UK to continental Europe to work as prostitutes;

10. A significant amount of low-level crime in London, especially shoplifting, assault and robbery, is attributed to Albanian and Kosovar Albanian criminals, This is of concern because elsewhere in the EU the rise in organised ethnic-Albanian crime was preceded by a noticeable rise in low-level crime. There is evidence to suggest that this level of crime committed by ethnic-Albanian criminals may lead to more violent crime. Although there have been few signs of this to date in London, there is reliable intelligence that many of the groups in the UK have access to firearms. Meanwhile, the use of beatings and rapes as a means of controlling prostitutes is common. It is believed 5-10% of ethnic-Albanian asylum applications are from women claiming to have been trafficked for the vice trade and often subjected to extreme violence.

11. Tightly knit groups of criminals are therefore difficult to penetrate. There is no regard for criminal justice and it is therefore difficult to proceed through courts. This allows the groups to continue to gain in confidence and for them to perpetrate further criminality.

12. There is no evidence of “turf wars” or inter ethnic conflict but the threat is real.

Current MPS activity

13. The MPS conducts a wide range of intelligence led operations at various levels of criminality as determined by the National Intelligence Model (NIM). For the purpose of this report these are defined within the NIM as follows;

• Level 1: Local issues. Usually the crimes and criminals and other problems affecting an OCU.
• Level 2: Cross Border issues. Usually the crimes and criminals and specific problems affecting more than one OCU.
• Level 3: Serious and Organised crime. Usually on a national and International basis.

14. This wide range of Policing activities being carried out across the Service is being co-ordinated by AC Ghaffur. It is being undertaken by the following;

• Clubs and Vice Branch (CO14).
• Strategic Analysis Unit (SCD11).
• Special Intelligence Section (SIS) and Confidential Unit (SCD11).
• Heathrow Human Smuggling Unit (HSU).
• Special Branch Ports Office for London Heathrow and Waterloo.
• Territorial Policing Crime HQ (TP Crime).
• Specialist and Organised Crime Branch (SCD6).
• Child Protection Branch (SCD5).
• Kidnap and Extortion Unit (SCD7 (1).
• CSMU (SCD11).
• Joint Home Office / MPS Intelligence Unit.
• Co-Ordination Meetings by AC Ghaffur.

MPS Level 1 response

15. It is estimated that 75% of failed asylum seekers live within the Metropolitan Police District (MPD). The Immigration Service (IS), with support from the MPS level 1 teams, is currently seeking to reach a target of 350 failed asylum seekers per month within the MPD.

16. Following discussion between the Metropolitan Police Service (MPS) and the Immigration Service (IS), it is proposed to steadily increase the level of joint operations increasing up to 800 removals per month by March 2004. A joint level 1 initiative between the IS and the MPS is conducting intelligence led operations to increase compliant removals. This level 1 activity includes a “walk up” at identified locations throughout London with a focus that includes car washes and other similar activity. The aim of the IS is to increase in-house capability over the next 3 years so that the majority of enforcement staff are arrest trained.

17. To achieve their removals target the IS requires significant assistance and co-operation from the MPS. Assisting immigration enquiries in the community is a highly sensitive area of police work and needs to be conducted with due regard and respect for the subject(s) of the enquiry and the concerns of community groups, whilst being consistent with the ministerial commitment to firm, effective and fair immigration control.

18. In order to enhance this procedure MPS staff have been seconded to the IS to develop a ‘Joint Intelligence Cell’ operating both IS and MPS intelligence systems at Level I thereby ensuring that operations are conducted using the most recent and accurate intelligence.

19. Since 20 November 2002, the MPS and the Immigration Service have in place a joint Memorandum of Understanding (MOU) for the removal of immigration offenders. The MOU is expected to evolve with time and will be the subject of regular review. It is acknowledged that this activity is difficult for the MPS due to competing priorities and Community relations.

CO14 Clubs and Vice OCU

20. CO14 is the only unit that investigates the off-street sex industry in London, of which foreign females dominate by about 65-70%.

21. Although there will be a number of trafficked victims, most of the foreign females are more likely to be economic migrants. The operational resources of CO14 are finite and can do little more than cause minor disruption (40 illegal females deported in 2002). Where investigations or intelligence highlight a larger scale trafficking or people smuggling set up, this is passed through SIS (SCD11) to the appropriate agency such as Reflex who are resourced to deal with Level II and III criminality.

‘Pilot Project’

22. The Government White Paper, Secure Borders, Save Haven addresses ‘victims of exploitation’ acknowledging that people arriving in the UK illegally form a disparate group. Some are willing customers; a few particularly those working as prostitutes, are brought to the UK and forcibly exploited to provide labour or services’. It goes on to state that, “We need to offer such victims particular support so that they can escape their circumstances and recognise that they may be able to help law enforcement against organised criminals.” The commitment to victims is that ‘… where such people are willing to come forward to the authorities, we shall, where necessary, make special arrangements for their protection. We will work with the voluntary sector to put the necessary arrangements in place. This initiative will run on a trial basis for 6 months in the first place so that we can evaluate its impact.’

23. The White Paper also defines circumstances in which support will be offered to a ‘victim of trafficking’. Five stated criteria will need to be met; the individuals have been brought to the UK, are being forcibly exploited to provide labour services, are working as prostitutes, come forward to the authorities, and are willing to co-operate with the authorities.

MPS role

24. The ‘pilot project’ commenced on Monday 10 March 2003. The police have two main functions under the scheme. In the first place they are likely to come across victims of trafficking through pro-active investigations, and therefore act as an initial referral point into the scheme. In the second place, they will need to assess the usefulness of the information that the victim can provide as evidence or intelligence on trafficking networks. For the purposes of the pilot scheme, we are envisaging working closely with the Metropolitan Police Clubs and Vice Squad (CO14), who have considerable experience in dealing with trafficking victims in London. As the key police contact point, intelligence secured under the scheme will be passed on to the appropriate authorities to co-ordinate operations against the trafficking networks in the UK and overseas.

Criteria

25. Acceptance into the pilot scheme is dependent on the women satisfying 5 stringent criteria.

• That she was brought to UK.
• That she is working as a prostitute.
• That she has been forcibly exploited.
• That she has come forward to the authorities.
• That she is willing to co-operate with the authorities.

26. It is acknowledged however, that at the first point of contact, the victim may be too traumatised or frightened to talk.

27. The scheme is available to victims who are 18 years or over. Females under this age will be treated as juveniles and must be dealt with under the requirements of the Childrens Act 1989. The advice of CO14 should still be sought.

CO14 role

28. CO14 Clubs and Vice Unit will undertake responsibility in conjunction with the Immigration Service for acceptance into the ‘pilot project’. If criminal offences in respect of sexual exploitation are identified, CO14 will undertake any subsequent investigation. If other offences are identified that fall outside the remit of CO14 the relevant Borough or specialist unit will have responsibility for any investigation.

29. Metropolitan Police officers who come into contact with females claiming to be victims of trafficking and who fit the criteria are advised to contact CO14 Vice Unit for advice and assistance.

MPS level 2 response (Operation Maxim)

30. Operation Maxim is a new initiative in which the MPS Intelligence Directorate led by SCD11 will share intelligence with the Immigration Service to target those among London’s serious criminals who are in the UK illegally or whose presence in the UK is detrimental to the safety of the capital’s communities and its economy. The focus of Maxim will be on level-two criminality. First phase of this Operation commenced on 24 April 2003.

31. One of the priorities set for the Specialist Crime Directorate by AC Ghaffur is to combat organised crime affecting distinct and vulnerable communities. Operation Maxim is being devised in support of this strategic intention.

32. Operation Maxim aims, in partnership with the Immigration Service, to improve and enhance the intelligence gathering capability relating to organised crime groups involved in the trafficking of humans onto the streets of London and engaged in kidnaps, trafficking of class A drugs and other level two criminality. This will be underpinned, when fully formed, by the following:

• Joint intelligence cell.
• Enhanced financial investigation capability.
• Proactive capability.

33. It is envisaged that personnel from the Immigration Service will supplement MPS officers deployed within these functions. Consideration is also being given to involving staff from the Passport Agency.

• Nominal operating at level two identified through Reflex. Operations to target these individuals to be progressed through the SCD forensic escalator and tasking meeting for action by SCD units. Such nominals will also be actioned by the Operation Maxim proactive team when formed.
• Prisoners arrested for Trident, extortion, kidnap and other serious crime will have their immigration status investigated and appropriate action taken in consultation with the Immigration Service.
• International arrest warrants / extradition requests. Through the Extradition and International Unit of SCD6 research, identify and locate targets promptly for arrest.
• Proactive investigations around false and stolen identities working with the Passport Agency and other relevant agencies. False and stolen identities are used not just for frauds but also to support a wide range of criminal activities. Serious and organised criminals obtain documents such as forged or counterfeit passports from each other, or from one of a number of ‘identity factories’ to support their criminal enterprises.
• The sex industry in London is increasingly being taken over by Eastern European organised criminals using women and girls from the same ethnic origin. Joint operations are planned involving CO14, BOCUs, and Maxim with the first being between April 24 and 28
• Activity to increase awareness amongst operational staff as to the utility of immigration powers as a means of disrupting organised criminal networks. To this end, the Home Office is developing a guidance document for police officers.
• Improving communication between Police, CPS, Immigration Service and the courts around the immigration status of foreign nationals charged with criminal offences in order that courts can be afforded greater opportunity to use their powers in respect of deportation orders.
• In tackling level II crime, Maxim will maintain a victim-centred perspective with respect to those who are preyed upon by organised criminals. Additionally, full cognisance will be taken at all times of the wider MPS strategic intention of securing the trust and confidence of minority communities.

Level 3 (REFLEX)

34. REFLEX was established in May 2000 to co-ordinate the law enforcement response to organised immigration crime through encouraging greater police involvement in proactive investigations into the organised crime groups engaged in human trafficking and smuggling. Since May 2000 there have been significant achievements, however much more needs to be done to focus on those criminal groups that are targeting the UK and in particular London.

35. The four key REFLEX priorities are:

• Identification and disruption of organised immigration crime involving one or more designated nationalities.
• Identification and disruption of organised trafficking in women and children to and via the UK for sexual or other exploitation.
• Support to improve systems and procedures within the UK, EU, at designated key nexus points and source countries designed to prevent people smuggling and human trafficking to the UK.
• Identification and disruption of organised immigration crime impacting on national security including private and public sector corruption.

36. Reflex activity will be focused on those criminal groups that are impacting most significantly on the UK. This will mean the targeting of groups that are involved in the volume smuggling of nationals from significant source countries.

37. The funding being provided to the Metropolitan Police Service is therefore an essential component to help drive activity to tackle criminality behind illegal immigration. As such it complements other activities designed to reduce the overall flow of illegal immigrants to the UK.

38. The Home Secretary outlined his priorities for Reflex:

• Better intelligence developments – quality and quantity
• Financial investigation
• Better working with EU and accessions states
• Demonstrating success

39. Success will be creating an environment where organised crime is either quickly disrupted or the activity is perceived to be too risky, allowing traditional control measures to bite effectively. Disruption is a key aim. Another key element is the identification and seizure of assets.

40. There is a high degree of importance attached to this area of work by the Home Secretary, and that organised immigration crime is now a category ‘A’ threat to the UK. It is therefore important that positive multi-agency activity is delivered in order to counter the threat posed by organised crime groups operating in this area.

41. The MPS is working closely with the Immigration Service and NCS to develop co-ordinated activity.

C. Financial implications

• Current effort within MPS from existing resources.
• New threats need resourcing i.e. intelligence proactively etc. scoping within Maxim being undertaken.
• Potential for partnership working under Maxim.
• ACSC intends to allocate some of the additional officer allocation for 2003/3004.
• Future of CO14 will require further debate within MPS Management Board.

D. Equality and diversity implications

1. Any action by the MPS has potential to cause considerable problems if due regard is not taken into how it will be interpreted by both within the MPS and outside and with specific regard to the Human Rights Act and the Race Relations (Amendment) Act.

2. Whilst there are obviously criminals who are illegal immigrants and who come from the ethnic communities. It is important to emphasise that there are many more people from the ethnic communities who are not criminals and by far the vast majority are of course UK citizens. It is vital therefore that the DCC4 and members of the IAG work together with the Specialist Crime Directorate on how the operational aims can be achieved in a culturally and community sensitive way.

• In each case comprehensive risk assessment and community threat assessments should be completed.
• Easier for MPS to tackle Level 2 crime as it affects communities both as victims and perpetrators.
• Confident boosting measures will be implemented.

SCD Police Performance Plan 2003/4

3. SCD11 Policing and performance plans for 2003/4 include the following:

• In partnership with others improve and enhance the intelligence gathering capability in relation to targeting of organised crime groups involved in trafficking of Class ‘A’ drugs, firearms and humans in London.
• The deployment of a wide range of sensitive covert policing methods to enhance and improve the intelligence gathering capability relating to the trafficking of firearms, class A drugs and people, in order to detect and reduce these offences.
• Improvement in co-ordinated corporate intelligence services to assist in the detection and reduction of these offences.
• In partnership with others parts of the Metropolitan Police and other agencies, run a number of problem-solving operations.

4. The work of SCD11 is covert by nature and necessity, and the involvement of the units is discrete in investigations operating on a basis of sterile corridors. This means that SCD11 does not and should not deal with victims and witnesses directly, to ensure the sterile corridor is maintained. It is essential that victims and witnesses are therefore dealt with by the evidential/investigative arm of an operation and not the covert arm, which is our role. To do otherwise may jeopardise an operation and expose covert techniques utilised, which are protected by public interest immunity at court.

5. It is accepted that SCD11 is not presently in a position to furnish appropriate measures and targets for this new priority, as it is a new area of business. It is an objective of our local policing plan to devise a system that will enable the collation of meaningful measures and targets for this priority for 2004/5.

E. Background papers

None

F. Contact details

Report author: Detective Chief Supt Frank Hooley, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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