• E4J University Module Series: Trafficking in Persons & Smuggling of Migrants

• Module 3: The Criminal Justice Response to Migrant Smuggling

• Introduction and learning outcomes

• Key issues

  • Criminal justice response: scope
  • Investigative and prosecutorial multidisciplinary approaches
  • • Different relevant actors in countering smuggling of migrants and their respective roles
    • Testimonial evidence
    • Financial investigations
    • Media
    • Non-Governmental Organizations (NGOs)
    • 'Outside the box' methodologies
  • Intra- and inter-agency coordination
  • Admissibility of evidence
  • Sentencing
  • International cooperation
  • Exchange of information
  • Training

• Exercises

• Possible class structure

• Core reading

• Advanced reading

• Other resources

• Student assessment

• Additional teaching tools

 

Published in January 2019.

 

 

  This module is a resource for lecturers  

 

Student assessment

 

This section provides suggestions for post-class assignments for the purpose of assessing student understanding of the Module. Suggestions for pre-class or in-class assignments are provided in the Exercises section.

It is proposed that ' Exercise 1: Judgement Or1770 ' be the basis for an assessment along the following terms.

• Students are given access to the 'Facts' excerpt.
• Students shall pretend their country is the prosecuting State. Based on Modules 1-4, national law/reality, and additional research (e.g. possible intimidating practices reported to be used by smugglers in the country of origin) they shall address the following questions:
  • Do you agree with the decision to prosecute the defendants for migrant smuggling on the modalities of facilitating illegal entry, transit and stay? Explain your answer in view of the Protocol against the Smuggling of Migrants and your national legal system.
  • Could the humanitarian exemption apply? Please justify.
  • What elements would substantiate the conclusion that the defendants integrated an organized criminal group in the terms of UNTOC? Would the conclusion be the same considering your country's national law/jurisprudence?
  • What investigative techniques and means of evidence would you pursue in the instant case? Do you envisage any challenges in terms of admissibility of evidence?
  • Would you put in place protective measures for witnesses? Please explain.
  • What assistance and or protective measures for smuggled migrants, if any, would you consider in this case? Please justify.
  • What stakeholders and or investigative units do you believe should be involved in the investigations?
  • Do you think international cooperation would be advisable in this case? In the affirmative, what type and between who? Would you consider requesting the assistance of any international organization/entity? What precautions would you take, if any? Please justify your responses.
  • Would you have any other comments or suggestions to make the investigation/prosecution more effective?
• Essays should not be longer than 3000 words.

At the beginning of the next class, 30 minutes could be reserved to the discussion of the case. Students could be given access to the 'Additional information' provided in the excerpt. Students would then be given five minutes to grade their own essays, before submitting them to the lecturer for evaluation.

 

Next: Additional teaching tools

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