Council of the

Brussels, 13 January 2016 (OR. en)

7644/1/05 REV 1 DCL 1

CRIMORG 31

DECLASSIFICATION of document: ST 7644/1/05 REV 1 RESTREINT UE dated: 2 May 2005 new status: Public Subject: EVALUATIONREPORT THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON

Delegations will find attached the declassified version of the above document.

The text of this document is identical to the previous version.

7644/1/05 REV 1 DCL 1 VG

DG F 2A

EN RESTREINT UE

COUNCIL OF Brussels, 2 May 2005 THE EUROPEAN UNION

7644/1/05 REV 1

RESTREINT UE

CRIMORG 31

EVALUATION REPORT ON THE THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY"

REPORT ON ITALY

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TABLE OF CONTENTS

1. INTRODUCTION ...... 3

2. GENERAL INFORMATION AND STRUCTURES ...... 4

3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION ...... 38

4. EXTERNAL EXCHANGE OF INFORMATION ...... 40

5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL ...... 41

6. EVALUATION BY EXPERT TEAM ...... 43

7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM ...... 61

ANNEXES

ANNEX A: Programme of visits ...... 64

ANNEX B: List of persons met ...... 66

ANNEX C: List of abbreviations ...... 67

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1. INTRODUCTION

1.1. Following the adoption of the Joint Action of 5 December 1997, a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime was established.

1.2. Following a proposal originating from the Swedish delegation and taken up by the Presidency to evaluate the supply of information and intelligence to Europol and the exchange of information and intelligence between Member States, the MDG adopted the proposal at its meeting on 3 and 4 June 2002.

1.3. At its meeting on 3 December 2002 the MDG approved the questionnaire on the third round of mutual evaluations on the topic "exchange of information and intelligence between Europol and the Member States and among the Member States respectively".

1.4. Following discussion at the MDG meeting on 9 January 2003, a list showing the order of Member States to be visited was agreed. Italy is the eleventh Member State to be evaluated during the third round of evaluations.

1.5. The questionnaires and the objectives of this evaluation are contained in document 11679/3/02 REV 3 CRIMORG 71.

1.6. The experts in charge of this evaluation were: Mr. Henri DELARUE (), Mr. Evangelos LOUKOUMIS (Greece) and Mr. Luc REDING (Luxembourg). Two observers, Mr. Olivier CHEVREUL (EUROPOL) and Mr. Michael MERKER (Commission), were also present together with the General Secretariat of the Council.

1.7. The evaluation team has prepared the following report with the assistance of the Council Secretariat, on the basis of the observations and conclusions of the experts in the team together with the Italian authorities' answers to the questionnaire.

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1.8. The report first deals with general information and structures (2), followed by the internal organisation of the exchange of information (3) and of the external exchange of information (4) and then deals more specifically with Europol (5). In the last chapter, the experts make a global and technical evaluation and then propose some recommendations to enhance cooperation and effectiveness in the exchange of information within Italy and with other Member States and Europol.

2. GENERAL INFORMATION AND STRUCTURES1 2.1 THE STATE

2.1.1 HISTORY

During the period of , the role of the police became more prominent and wide-ranging; the citizen's right to security was seen as an essential element of the modern, democratic state.

This was the view of King Carlo Alberto who, when granting Sardinia its liberal Statute in 1848, deemed it appropriate to re-establish the Police with the new name of Public Security.

In 1852, the Corps of Public Security Guards (Corpo delle Guardie di Pubblica Sicurezza) was established, the first step on a long process of renewal and reform, which ended, at least as regards the principles of the system, more than a century later, when the 1981 reform law ushered in the era of the "Law 121" ("Legge 121").

The reform and its implementation were guided by two fundamental principles which have been a constant feature of the history of the :

− the central management of the police forces; − the closeness of the police to the citizen.

1 This part of the report is based largely on the answers to the answers to the questionnaire.

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The first point was the core reason for the recommendations made by Minister for the Interior Ricasoli in 1867, when the powers of the public security forces were extended to all the provinces of the Kingdom of Italy and it became clear that the security forces had to be managed from a central point:

"The sole authority in charge of public security shall be the Minister for the Interior, under whose responsibility, in the provinces and districts, it shall be administered by the prefects, sub prefects and police chiefs". The Minister for the Interior is the national public security authority and the head of the public order and security service; he coordinates the duties and activities of the police forces and adopts provisions on public order and security, assisted by the Public Security Administration. That Administration includes the Department of Public Security, headed by the Chief of Police – Director-General of Public Security, who is responsible for implementing public order and security policy, the technical and operational coordination of the police forces, the management and administration of the State Police and the management of the public order and security technical support services, including those used for the general requirements of the Ministry of the Interior.

The second point of the reform process, the closeness of the police forces to the citizen, is the baseline along which the institution has developed its capacity to provide the citizen with a secure environment in the most diverse situations, from crime-fighting to assisting the public.

2.1.2 Department of Public Security

At the head of the Department of Public Security is a Prefect, with the role of Chief of Police, Director-General of Public Security; there is also a Deputy Director-General to assist him, a Deputy Director-General for coordination and planning and a Deputy Director-General in charge of the Central Directorate for the Criminal Police.

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The Department is responsible for:

− implementing public order and security policy; − technical and operational coordination of the Police Forces; − management and administration of the State Police; − management of technical support services, including those used for the general requirements of the Ministry of the Interior.

The Department's structure and procedures are laid down in Law No 121/81 and follow the general principles of ministerial administration; it is organised in the following Central Directorates and Offices of equivalent level, some of which are inter-agency units:

− Office for the Coordination and Planning of the Police Forces − Central Inspection Office − Central Directorate for General Affairs of the State Police − Central Directorate for Criminal Police1 − Central Directorate for Prevention − Central Directorate for Immigration and Police − Central Directorate for Road Traffic, Rail, and Communications Police and for the State Police Special Units − Central Directorate for Drugs Control − Central Directorate for Human Resources − Central Directorate for Police Training − Central Directorate for Health − Central Directorate for Technical and Logistical Services and Property Management − Central Directorate for Accounts − Central Directorate for Anti-Mafia Investigations − Police Institute − Police Training Academy.

1 A new Directorate has been created which is called Central Directorate Anti Crime, which comprises three services (Central Operational Service, Scientific Police Service and Territory Control Service) which belonged before to Central Directorate for Criminal Police. These services aim to coordinate the activities of the State Police in charge of combating organised crime. Decree law no 45, 31 March 2005, (published in OJ on 1 April 2005.)

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National structure

The State Police is structured nationwide as follows:

− Questure ( headquarters) − Interregional Directorates − Interregional, provincial and local offices.

Questura

The Questura is the arm of the Department of Public Security responsible for conducting, directing and organising all activities of the State Police in a given province. There is a Questura in each of the 103 provincial capital cities; 12 of them are larger with more departments, 91 follow the basic pattern. The structure of the Questure was laid down by the Ministerial Decree of 16 March 1989, and is intended to enhance the efficiency and operational capacity of the service in protecting and defending the citizen. It has two Divisions:

− the Anti-crime Division which includes the Mobile Squad, the General Investigations and Special Operations Division (DIGOS), the Crime Office and the provincial Forensic Science Unit;

− the Administrative, Social and Immigration Division which includes the Administrative Police Office and the Immigration and Aliens Office.

Throughout the country, in small communes and major urban centres, the local police stations serve as outposts of the Questura. They provide a police presence for prevention, investigation and crime- fighting activities, suitable for the security requirements of the specific area, and above all they provide planned, well-organised supervision.

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In each Province the head of the Public Security Administration is the Questore (local public security authority) who is responsible for the technical and operational coordination of the public order and security services and the use of the Police Forces at his disposal.

The Questore thus exercises all security and administrative police functions. In practice this involves issuing a wide range of documents such as orders, cautions, permits, licences, authorisations. He is assisted in his duties by a Deputy responsible for intersectoral coordination.

In the larger Questures there are also a senior director with inspection duties, whose duties involve operational and administrative information, analysis and coordination. In every Questura, in the Anti-crime unit, there is an Office for Minors, set up to deal with prevention, security and repression in the areas of juvenile delinquency, truancy, problem behaviour, crime and abuse of minors.

2.1.3 Interregional Police Directorates

The Interregional Directorates of the State Police were set up by Presidential Decree No 208/2001 (Articles 6 and 7) and structured according to the provisions of the Ministerial Decree of 10 September 2001. The Interregional Directorates are headed by B level public security managers and are hierarchically and functionally accountable to the Chief of Police/Director-General of Public Security. They oversee and monitor all peripheral offices and bodies of the Public Security Administration located in their jurisdiction.

The Interregional Directorates also fulfil organizational and administrative functions, as well as performing logistic and documentation tasks to assist the offices and units located in their own jurisdiction.

They also help to plan and programme the acquisition and assignment of human, instrumental and logistic resources.

Their tasks are decentralised, involving monitoring and control tasks of an organisational and administrative nature.

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2.1.4 Provincial and local offices.

Like the Questore, the Prefect's task is to coordinate public order and security, but from a more political and administrative angle. In particular, through the Provincial Committee for Public Order and Security, the Prefect coordinates security strategy in his province, together with the Questore and the other Provincial Police Commanders.

At provincial level the Prefect has a dual role: he implements ministerial directives and coordinates the police forces, and he is also responsible for public order and security in the province.

In particular, the Prefect does not come under the hierarchy headed by the Chief of Police (which includes the Questore) and is responsible to the Minister.

When implementing ministerial directives, the Prefect prepares coordinated territorial policing plans, which the police forces must implement.

When drawing up those plans, and more generally in coordinating activities, the Prefect uses the Provincial Committee for Public Order and Security, a consultative body on which the Questore, the Provincial Commander of the and the Group Commander of the sit. Its composition, which may be broadened to include persons from outside the public security administration, helps to bring transparency to the nature of the Prefect's job. The mayor, on the other hand, as the local public security authority, is hierarchically subordinate to the Prefect and the Questore, who may ask him to assist in public security matters within the remit of the local authority.

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2.2. ANTI-MAFIA INVESTIGATION DIRECTORATE - (DIREZIONE INVESTIGATIVA ANTIMAFIA (DIA))

2.2.1 STRUCTURE

The DIA comes under the Department of Public Security within the Ministry of the Interior. The Minister is required to report to Parliament every six months on the activities and achievements of the DIA, which operates independently in terms of administration and budget.

The DIA is headed by a Director appointed by decree of the Minister of the Interior; Directors are chosen in turn from the senior ranks of the State Police Force, the Carabinieri and the Guardia di Finanza and must have proven expertise in countering organised crime.

Two Deputy Directors are also appointed to assist the Director of the DIA, one Director oversees operational activities and the other the administration of the DIA.

2.2.2 ORGANISATION

The DIA consists of a central headquarters (comprising three Departments and various Offices) and territorial units in the form of Operational Centres and Operational Sections.

Department I – Preventive Investigations

This department represents the DIA's distinctive contribution; it is made up of four divisions which collect and analyse data and information on organised crime, in particular on the structure of the various criminal associations (including foreign groups already active in Italy or considering expanding their operations into the country) and their offshoots and links both at home and abroad.

Department II – Criminal Investigations

This department organises, manages and checks the outcome of the criminal investigations falling within the DIA's remit.

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In that capacity it is the lynchpin of the strategic and investigative effort to counter organised crime.

It should also be noted that Department II (but not the territorial units) is a criminal police branch, which may be used by investigating magistrates.

Department III – International Relations for Investigation Purposes

This department fosters and manages relations with its foreign counterparts for the purpose of tackling more effectively the various and frequently interconnected forms of organised crime. In order to fulfil its specific statutory international role, the DIA is active in establishing and developing relations within Europe and with third countries, especially under multilateral agreements (e.g. the G 8) and bilateral agreements.

The DIA also has territorial units in the form of 12 Operational Centres and 7 Operational Sections in areas noted for mafia-type crime or where mafia-type organisations are developing or likely to develop their activities.

The Operational Centres are located in Turin, Milan, Genoa, Padua, Florence, , Bari, Naples, Reggio Calabria, Catania, Palermo, Caltanissetta, while the Operational Sections are in Trieste, Salerno, Lecce, Agrigento, Messina, Catanzaro and Trapani.

The key feature of both Centres and Sections is that, though located in specific areas, their operations are not limited to a given territory. From the outset the aim was to make these units highly flexible in terms of deployment and operability so that they could effectively tackle organised crime (which is clearly not geographically confined) and at the same time to ensure that the DIA's operations were not segmented or compartmentalised.

The DIA is an inter-agency body with a staff totalling around 1 500, comprising equal numbers of officers from the State Police, Carabinieri and Guardia di Finanza, supported by civilian administrative staff from the Ministry of the Interior and by technical staff from the State Police.

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2.2.3 TASKS

Underlying the establishment of the DIA is the idea that its distinctive intelligence work should permeate the operational context. The DIA is the first inter-agency body whose tasks include the study and analysis of all forms of organised crime.

The value of the resulting "product" is reflected in the DIA's efficient, independent action of enforcement and in a new system for circulating information, which the DIA processes and sends on to other agencies.

The DIA works in close liaison with the law enforcement agencies, which assist the DIA in every way possible by sending information on related investigations and by working alongside members of the DIA on any inquiries or investigations that may be requested.

The Director of the DIA has statutory powers, which reflect the special nature of the fight against organised crime, to request the courts with territorial jurisdiction to apply preventive measures against the person or assets of mafia suspects.

The DIA has other important powers which make it particularly flexible and effective in dealing with the rapid changes in organised crime, which has become increasingly adaptable and transnational in character.

These include powers to enter banks, credit institutions and the premises of financial intermediaries; powers to simulate transactions in the investigation of serious crimes; the right to apply for authorisation to place bugging devices and intercept telephone conversations as a preventive measure.

The Director of the DIA receives reports from the security services on mafia-related events; he may also ask the judicial authorities for copies of documents of criminal proceedings or information in writing on their content, if he considers this essential for preventing serious crime.

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Plainly the law needs to give a clear, appropriate response to the problem of organised crime; this has been done by establishing the DIA as a body which is focused on leading, coordinating and monitoring the effort and which is vested with special powers.

The DIA represents a new model of agency for combating organised crime.

By monitoring geographical territory and administrative structures, the DIA is able to counter not only the mafia's predations but also its efforts to infiltrate the legal system of society and economy.

The real common front against the mafia lies in fact in the link between institutions and civil society, and it is in this context that the DIA carries out its day to day work.

2.3 CENTRAL OPERATIONAL OFFICE - SERVIZIO CENTRALE OPERATIVO (SCO)

In Italy's National Department of Public Security (Dipartimento della Pubblica Sicurezza) the purely investigative aspects of fighting organised crime are the responsibility at territorial level of Mobile Units (Squadre Mobili) and at central level of the Central Operational Office (SCO) of the State Police.

The current system of State Police investigations of organised crime is based on the guidelines laid down in the decree of the Minister of the Interior of 25 March 1998 (the Napolitano decree), which were implemented on 5 June 1998 by an interministerial decree reorganising the Central Operational Office of the State Police and by a decree of the Minister of the Interior reorganising the Mobile Units attached to Police Headquarters (Questure) established in Court of Appeal district centres.

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The Interministerial Decree reorganising the Central Operational Office abolished the Criminalpol centres, which were covered by Interministerial Decree of 7 December 1996 and were the territorial agencies of the Interprovincial Service of the State Police, and proceeded to vest their powers and responsibilities 1 in new specialist units set up in the Mobile Units established in Court of Appeal district centres. These units, named Organised Crime Sections (Sezioni Criminalità Organizzata) were made responsible for the "investigative, operational and liaison tasks connected exclusively with investigations into the offences referred to in Article 51(3bis) of the Code of Criminal Procedure 2".

On 24 July 1998 the Chief of Police – the Director-General of Public Security, responsible for implementing the Decree, assigned the Central Operational Office the tasks of analysing, directing and coordinating the information aspects of investigations carried out by the Organised Crime Sections referred to above, by the other sections of the Mobile Units and by other criminal police bodies of the State Police; the Central Operational Office thus became the focal point for all investigations being carried out by these various agencies.

The aim was to "provide the territorial agencies fighting crime with effective support" and to meet "the need for stronger and more functional forms of central and territorial coordination between the Central and Interprovincial Services ".

The subdivisions of the Central Operational Office with their specific responsibilities are as follows:

1 "within the meaning and to the effect laid down in Article 12 of Decree Law No 152 of 13 May 1991, converted and amended by Law No 203 of 12 July 1991, and Article 8 of Decree Law No 8 of 15 January 1991 converted and amended by Law No 82 of 15 March 1991". 2 "The offences, whether attempted or consummated, referred to in Article 416bis and Article 630 of the Penal Code; offences committed in the conditions specified in Article 416bis of the Penal Code or in order to facilitate the activity of the associations referred to in that Article; offences specified in Article 74 (association for the purpose of illicit trafficking in narcotics or psychotropic drugs) of the Consolidated Law (Testo unico) approved by Decree No 309 of the President of the Republic of 9 October 1990, and in Article 291quater (criminal association for the purpose of foreign tobacco products) of the Consolidated Law approved by Decree No 43 of the President of the Republic of 23 January 1973."

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2.3.1 DIVISION I

Section 1: Provides analysis, impetus and guidance and coordinates information for the Mobile Units' investigations into organised crime, with particular reference to cosa nostra, stidda and 'ndrangheta crimes and Sardinian banditry.

Carries out duties connected with the undercover activities provided for in Article 12quater of Law No 356/92 and with exercise of the powers provided for in Article 16 of Law No 356/92 and Article 226 of the implementing provisions for the Code of Criminal Procedure.

Where so required by law, collaborates in investigations carried out by the Interprovincial Services of the State Police, including specialist investigations into and mafia infiltration of the economy.

In situations within its remit, it is responsible for relations with the National Anti-Mafia Directorate, the Anti-Mafia Investigation Directorate (DIA) and the central departments of the other law enforcement agencies. Section I is also home to the Central Police Gaming and Betting Unit (Nucleo Centrale della Polizia dei Giochi e delle Scommesse).

Section 2: In cases within its remit, collaborates in investigations carried out by the Mobile Units into mafia-type criminal organisations, the more serious traditional mafia crimes (murder, kidnapping for the purposes of extortion etc.) and in searching for the most dangerous class of fugitives from justice; also responsible for territorial emergency operations.

Section 3: Same tasks and same duties as Section 1 but with particular reference to crimes committed by the and the Apulian criminal organisations.

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Coordinates investigations into the activities of the eco-mafia and zoo-mafia.

Contributes, within its remit, to international measures against the laundering of the proceeds of crime and in defence of the European Union' financial interests.

2.3.2 DIVISION II

Section 1: Provides analysis, impetus and guidance, coordinates information and gives support in investigations into particularly serious crimes causing grave public anxiety.

It is the Europol National Unit operational contact point for child pornography and the trafficking and recycling of stolen vehicles.

Section 2: Coordinates the State Police Force's anti-drug activities and is responsible for the relevant relations with the Central Directorate for Drugs Control (Direzione Centrale per i Servizi Antidroga).

Also provides any necessary support (including direct assistance) for undercover narcotics operations.

Section 3: Provides analysis, impetus and guidance, coordinates information and gives support in investigations into , trafficking in human beings and the exploitation of prostitution, including the prostitution of minors, and related crimes. It is the Europol National Unit operational contact point for these matters.

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2.3.3 DIVISION III

Section 1: Staff administration. In agreement with the Questure (Police Headquarters) takes all necessary measures to achieve optimum use of the human and material resources required for the statutory tasks of the territorial investigative offices; collects from those offices the relevant information regarding allocations of staff and materials and their needs in those areas. Processes and analyses the data collected and promotes the requisite action on that basis.

Promotes training and refresher courses for Central Operational Office staff and for State Police officers working in the Mobile Units.

Responsible for the in-house logistics of the Central Operational Office; including in-house security aspects.

Section 2: Responsible for the Central Operational Office's in-house data-processing and technical sectors and provides a similar service for investigations carried out by the territorially-based investigative offices of the State Police.

Distributes new technical media and tools for use in investigations (including telephone and computerised systems) and provides appropriate specialist back-up to the territorially-based investigative offices.

Manages the operational use of new technologies, coordinating its experimental activities with the Forensic Police Department (Servizio di Polizia Scientifica).

Section 3: Private Office of the Central Operational Office. Responsible for both general and specific matters, where necessary coordinating between divisions.

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Via the Situation Room, processes emergency messages including those addressed to other sections of the Department of Public Security. Manages relations with the trade unions and the Central Office's accounts and language-related matters.

In the areas within its remit, keeps up contacts with the relevant offices of the Central Directorate of the Criminal Police and the Department of Public Security.

2.4 GUARDIA DI FINANZA - FINANCIAL POLICE

2.4.1 STRUCTURE

As currently organised, the Guardia di Finanza reflects the implementation of Decree of the President of the Republic No 34 of 29 January 1999 "laying down the rules determining the organisational structure of the Corps of the Guardia di Finanza within the meaning of Article 27(3) and (4) of Law No 449 of 27 December 1997." The Guardia di Finanza comprises:

A General Headquarters; Headquarters and other bodies responsible for enforcement; Headquarters, institutes and centres for recruitment and training; Headquarters and divisions providing technical, logistical and administrative support.

More particularly:

– The General Headquarters is the central high command, responsible for overall planning, programming, direction and oversight of Guardia di Finanza's activities;

– the headquarters and other bodies responsible for enforcement are themselves divided into territorial and special divisions.

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The Territorial Divisions comprise:

– 6 Interregional Headquarters which direct, coordinate and oversee the Regional Headquarters and are located in large, economically and socially homogeneous areas of national territory;

– 20 Regional Headquarters, which have full powers in all sectors and which direct and oversee the Headquarters and Divisions situated in their own administrative regions (i.e. usually one or more Provincial Headquarters, one Regional Unit of the Tax Police and one Operational Air-Sea Unit);

– 103 Provincial Headquarters, which command, direct, coordinate and oversee the activities of their dependent operational units (provincial tax police units, groups, companies, lieutenancies and brigades) and are located in Italy's administrative provinces;

– 16 Tax Police Regional Units (Nuclei Regionali di Polizia Tributaria) specialising in the investigation of tax, economic and financial offences;

– 14 Operational Air-Sea Units (Reparti Operativi Aeronavali), each commanding one or more naval stations, air sections, operational naval sections and naval units and as such responsible for coordinating the operations of the Guardia di Finanza's air-sea resources stationed throughout the country during specific surveillance operations.

The Special Divisions comprise:

– Operational Air-Sea Headquarters, which comprises one Air-Sea Search Group stationed at Pratica di Mare (RM) and two Air-Sea Groups stationed at Messina and Grottaglie (TA), which carry out long-distance surveillance duties on the high seas;

– a Naval Centre and an Aviation Centre, providing logistical services for the sector.

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The Recruitment and Training Headquarters, Institutes and Centres manage all recruitment procedures and provide both basic and specialist training for the Corps' personnel, constantly monitoring to ensure that individual professional profiles match the changing reference requirements in the Guardia di Finanza's statutory areas of activity.

The Technical, Logistical and Administrative Support Headquarters and Divisions assist the central and territorial bodies of the Guardia di Finanza.

2.4.2 STATUTORY TASKS

The Guardia di Finanza has a broad statutory remit, which breaks down into four major operational areas: financial policing, economic policing, criminal investigation and security policing, within which Guardia di Finanza units stationed throughout the country carry out the wide range of duties, tax related and not, which form their daily job.

The Guardia di Finanza's financial policing activities are designed to protect the system of revenue collection as a whole, with particular reference to direct and indirect taxation, excise duties, tax monopolies, social security and insurance contributions and local taxes.

The financial policing activities of the Corps include:

– tax police controls against ; – controls; – combating fraud against the European Community; – monitoring of public expenditure; – the protection of State assets; – monitoring of the gambling sector.

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The Guardia di Finanza's economic policing activities are geared to enforcing the law against:

– offences connected with currency, securities, other paper assets and means of payment; – breaches of trading bans; – agri-food fraud; – environmental damage; – breaches of competition and free market rules.

In addition to criminal investigations conducted on instruction from the judicial authorities, the Guardia di Finanza also carries out its own investigations into:

– economic crime; – organised crime, in particular money laundering; – drug-trafficking; – usury; – public administration offences, breaches of company law, bankruptcy offences; – breaches of copyright, know-how, patents, trademarks and other industrial property rights; – offences against the law on the artistic, archaeological and environmental heritage.

In the area of security policing, the Guardia di Finanza's activities include assistance in:

– policing the ; – maintaining public order, defence and civil protection duties; – policing the territory; – combating illegal immigration.

2.4.3 THE GUARDIA DI FINANZA's ROLE AS AN ECONOMIC AND FINANCIAL POLICE FORCE

2.4.3.1 Fiscal checks, controls on excise duties and fight against protection of Community interests are the main purposes of activity of Guarda di Finanza.

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To that end the Guardia di Finanza conducts extensive inspections, carrying out targeted operations on its own initiative to prevent and punish fraud against the common agricultural policy and the Structural Funds. Its special inspection procedures involve applying the tough powers and investigative techniques typical of tax police operations to the financial police sphere and include probing suspects' assets with a view to seizing funds obtained as a result of fraudulent applications.

2.4.3.2 Customs controls

In a global context of ever-expanding international trade relations, the Guardia di Finanza has a specific part in preventing, investigating and punishing customs offences in order to protect Italy's and the European Union's finances. The Guardia di Finanza's action against smuggling, one of its typical operational areas, is intended to ensure that revenue to the Community budget (in particular the traditional own resources in the form of agricultural levies and customs duties) is properly protected against the threat of fraud.

Thus, in accordance line with the strategic guidelines laid down by the Community, the Guardia di Finanza General Headquarters when organising customs inspections, be they fixed or mobile, aims to ensure effective controls which at the same time respect the need to keep international trade fast and fluid, avoiding delays and trade disruptions which damage business.

With the same aim of establishing a targeted, selective inspection system, the choice of firms for ex post inspection is increasingly based on prior risk analysis, i.e. a careful process of identifying and deciding which goods and which customs operations may be most exposed or most subject to fraud.

2.4.3.3 Combating economic crime

In this process of erosion of the legal market, organised crime is guided by the same profit motive as underlies the wider legal economy. Against this background, the Guardia di Finanza is engaged in preventing criminal interests from penetrating the economic system, its primary aim being to stem the flow of laundered money and starve criminal organisations of their economic resources.

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The action of the Guardia di Finanza, whose first target is illegally accumulated assets, consists in combating the most virulent forms of economic crime, i.e. money laundering and usury. In this connection, top priority has been given to "financial investigations", which have proved decisive in dismantling criminal organisations, which because of their structure and potential represent the greatest threat to the lawful economy.

Moreover, the formalisation of the Guardia di Finanza's role as a police force with general powers in the economic and financial sphere and the escalating problem of the financing of international terrorism have given a major boost to preventive action to stifle illegal operations at birth.

2.4.3.4 Currency counterfeiting

Italy set up the Central Office for the analysis and monitoring of currency and means of payment fraud (Ufficio Centrale di analisi e monitoraggio della frode monetaria e degli altri mezzi di pagamento - UCAMP) with staff from the Ministry of Economic and Financial Affairs and the Guardia di Finanza to channel information for the strategic analysis of the impact of this type of fraud on the economic and financial system.

2.4.3.5 Combating illegal gaming and betting

During the life of this Parliament, the Italian Government has devoted particular attention to the gaming sector as a whole.

The "Act laying down guidelines for achieving fiscal policy objectives for the period 2003 to 2005" explicitly provides for the introduction of measures, including operational measures, to crack down on illegal gaming, and for the Guardia di Finanza to be directly involved in the task.

In implementation of its policy programme, the Government launched an overhaul of the rules governing amusement and leisure machines (under Article 22 of the Finance Act for 2003), explicitly substantiated by the need to curb tax evasion and to take more efficient and effective action to prevent and repress the illegal use of such machines.

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2.4.3.6 Other police duties and support roles

Criminal police

The Italian Code of Criminal Procedure authorises members of the Guardia di Finanza to act in a criminal police capacity, with the rank of (ufficiale) or agent (agente). In its criminal investigation role, the Guardia di Finanza is required - also on its own initiative – to make an official record of offences committed and to search for the offenders, and to conduct any investigations delegated to it by the judicial authorities. These criminal police duties are carried out round the clock under the direction of the judicial authorities by criminal police sections in the Guardia di Finanza's territorial divisions (Tax Police Units, Companies and Lieutenancies) designated by the administration and by the Criminal Police Sections in the Public Prosecutors' Offices.

Law and order and security

In the delicate matter of internal security, maintaining law and order and security is entrusted in the first place to the State Police and the Carabinieri, with the Guardia di Finanza contributing its support mainly through the deployment of its rapid response divisions stationed throughout national territory; in special cases it deploys ordinary divisions.

The fact that the Guardia di Finanza does not contribute to maintaining law and order and public security on an equal footing with the other law enforcement agencies derives from the need to ensure that the corps can fulfil its primary tasks as defined by law.

2.4.3.7 Combating illegal immigration

The Guardia di Finanza assists the in the course of its statutory duties, i.e. mainly as a customs police force and in the political/military defence of land and sea borders. With a large air- sea component and versatile, technologically advanced equipment, the Guardia di Finanza plays a key role in tackling illegal immigration by sea. Along land borders, the Guardia di Finanza carries out constant surveillance to detect illegal immigration during its normal duty patrols.

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The Guardia di Finanza's action against illegal immigration within the country consists in detecting illegal immigrants in the course of its normal duties (especially its efforts against the black economy, unlicensed trading and the retailing of contraband cigarettes).

2.4.3.8 Combating drug trafficking

The illegal transnational trade in narcotics generates huge profits which stoke the industry of crime. The economic impact of the reinvestment of accumulated capital and of the related financial flows is very considerable, commensurate with the profits made from these serious crimes.

The Guardia di Finanza deploys its anti-drug trafficking operations on a number of fronts:

– routine action inside national territory carried out by the Guardia di Finanza's specialist drug units and by other sections as part of their primary statutory tasks; – checks at land, sea and air borders in the course of customs police and border police duties; – surveillance at sea, in the course of other general economic, financial and maritime police duties; the successful synergy achieved by the air-sea units in their surveillance of national and international waters should be noted in this connection.

Mention should also be made of the contribution of the sniffer-dog units, which are deployed to effect, particularly in ports, airports and railway stations and at motorway border crossing points.

2.5 THE CARABINIERI

2.5.1 HISTORY

The Carabinieri Corps was created on 13 July 1814 by Royal Patent establishing a Corps of foot and mounted soldiers distinguished by their good conduct and their judgment; then, as now, it fulfilled a dual role: as a military body defending the State, and as such ranking first among the other army corps; and as a police body with special duties and prerogatives.

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The increase in territory resulting from unification of Italy brought an increase in the number of divisions, which were placed under the command of "territorial legions". On 24 January 1861, the Carabinieri were designated the first corps of Italy's new national army. Both this prerogative and the fact that they are stationed even in the smallest centres of the country are still among the Carabinieri's most significant features.

2.5.2 STATUTORY TASKS

The Carabinieri Corps has a dual role, performing both military and policing tasks:

− tasks as a corps of the armed forces, under restructuring law 78/2000:

– contributes alongside other army corps and the other armed forces to the defence of the nation, the protection of free institutions and the welfare of the nation as a whole in the event of national disasters; – in homeland defence it is immediately deployable to guard sensitive targets and for operations against aircraft and helicopter landings and landings from the sea; – assists in mobilisation operations; – performs duties in the three armed forces;

− tasks as a corps of the armed forces acting permanently as a police force:

– its primary task is to enforce the law against all forms of crime undermining society (petty crime, large-scale crime, drug trafficking, terrorism). – contributes to maintaining law and order; – provides the police guard at trials and during the transfer of prisoners; – assists in guarding prisoners.

The Carabinieri Corps comes under: – the Ministry of Defence in respect of its military tasks and everything concerning the corps' recruitment, regulations, discipline, administration, arms, transmission networks and motor vehicles; – the Ministry of the Interior in respect of its statutory duties in maintaining law and order and security.

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In carrying out the tasks assigned to them by the Code of Criminal Procedure as criminal police officials and agents, officers of the Corps are operationally answerable to the judicial authority, whose jurisdiction includes utilisation for units permanently and exclusively assigned to such work.

2.5.3 LINE OF COMMAND

The command structure enabling these tasks to be carried out has the General Headquarters at the top, and is divided into:

– Training branch – Territorial branch – Military police branch – Mobile branch – Special branch – Welfare and leisure branch.

General Headquarters is the command, control and coordinating centre of the activities of the entire Carabinieri Corps. It consists of a General Staff, which is responsible for planning, organising and developing general, training, technical, scientific, logistic and operational organisation of the whole Corps. General Headquarters also provides technical and scientific support in the form of a Data-Processing Centre, a National Selection and Recruitment Centre and a Telecommunications Monitoring and Control Centre.

Training Branch

This consists of headquarters, schools and training Centres which provide basic, specialist and refresher training for Carabinieri personnel.

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Territorial branch

The Territorial Branch of the Carabinieri has recently been reorganised so as to adjust to the State's administrative system. It is organised as follows:

– 5 Divisions with interregional tasks; – 19 Regional Headquarters whose jurisdiction coincides with the administrative regions; – 102 Provincial Headquarters, corresponding to the different Provinces of the Republic; − 10 Territorial Headquarters; – 536 Groups and Companies attached to the Provincial Headquarters; − 19 Districts, each under the command of a Lieutenant; – 4 660 Stations which represent the basic unit of the Corps. They are constituted at a municipal level or in the different districts of the major cities.

Special and Mobile branches

These are composed of highly specialised units, including:

Carabinieri Headquarters for Anti-Money-Counterfeiting This is tasked with investigations into the counterfeiting of coins, banknotes, credit instruments and Italian and foreign official stamps. By reason of its acknowledged experience in this area, it took part, together with the Central Office for Money Counterfeiting, in the activities of the working parties that were set up in the context of Community police forces before the introduction of the euro in order to identify possible crisis points and joint operational strategies for dealing with them when the common currency was adopted. It also takes part in the Counterfeit Coins Experts' Group organised by the European Commission's Anti-Fraud Office (OLAF).

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Special Executive Group Within national territory, the Group takes part in activities to combat organised crime. It reports to the Mobile and Special Units Division, while at the same time ensuring – together with the subordinate anti-crime units – a continuous exchange of information with the Territorial Branch Headquarters, in close and constant collaboration.

Carabinieri Centre The Centre has its headquarters in Florence and operates through a network of units detached to the Regions in order to ensure the rapid deployment of this specialist unit anywhere in Italy. Depending on the dog's training (patrol work, drug fighting operations, avalanche work), the police dog units provide useful support for the activities of the territorial Units. These activities cover a wide range, from criminal police work (search for wanted criminals, missing persons and drugs) to rescue operations (avalanche or landslide victims) and also the support of units engaged in round-ups, searches in open country and road blocks.

Carabinieri Scientific Investigation Department (RaCIS) Based in Rome, its well equipped laboratory enables the Centre to perform scientific investigations requested by the Judicial Authorities and the various Corps HQs; it forms the technical apex of four Centres situated in Rome, Parma, Messina and Cagliari and 29 Sections which have recently been set up throughout the country. In particular it carries out chemical and biological analyses, ballistic and graphological tests, fingerprint examinations, technological examinations of a wide range of materials, surveys and photographic examinations for criminological purposes.

Special Intervention Group (GIS) Set up in 1978 to deal with special emergencies, such as air hijackings, kidnappings, prison revolts and the like, it operates at national level under the direct command of General Headquarters. It is issued with all the high-tech equipment relevant to this sector.

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2.5.4 LINE OF OPERATION

The Corps' line of operation runs from the Operations Room at General Headquarters via the Situation Rooms at the Divisional and Regional Headquarters to the Operational Centres at the Provincial and Company Headquarters; it then extends outwards to the various units through which the institution's work is carried on.

The line of operation is organised as follows:

(a) Operations Room at General Headquarters

This is the body that controls and coordinates all operations carried out by the Corps. Its highly qualified personnel use multiple communication systems and an electronic information system. From computer terminals they can access databases in order to maintain and continuously update the various situations linked to the operational, logistical and administrative requirements involved.

(b) Situation Rooms at the Divisional and Regional Headquarters

At the respective levels:

– control and coordinate all operations carried out by the subordinate units; evaluate and report to the Operations Room at General Headquarters particular situations and events for which it is considered necessary to bring in back-up units to assist the General Headquarters; – determine action by the support unit detachments at their disposal to assist the Provincial, Group and Company Headquarters.

This line of operation, working round the clock, constitutes a complex organic structure which develops through:

– a vertical relationship, from the smallest active units to Company Headquarters, Provincial and Divisional Headquarters, up to General Headquarters; – a horizontal relationship, between: – the Operating Centres of the Company Headquarters;

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– the Operating Centres of the Provincial Headquarters; – the Regional Situation Rooms and Divisional Situation Rooms, based on a cooperation plan.

With this organisational support, the General Headquarters of the Corps is able to develop the necessary control and coordination actions for the benefit of all the different Headquarters engaged in the fight against crime and in operations to provide aid and assistance.

Timely intervention is assured by the development of the Corps transmissions system, characterised by coordinated criteria of integrability between the different networks. Citizens may make a direct request for Corps intervention, through the Operating Centre, by dialling the telephone number 112, which is standardised at national level.

2.6 CENTRAL DIRECTORATE FOR DRUGS CONTROL

2.6.1 BACKGROUND AND LEGISLATIVE DEVELOPMENT

The Central Directorate for Drugs Control is an inter-agency body set up within the Department of Public Security, in accordance with Article 35 of Law No 121 of 1 April 1981.

This body takes the typical form of an inter-Agency Directorate (i.e. it is composed of an equal proportion of staff belonging to the State Police, the Carabinieri Corps and the Guardia di Finanza) and works under the Chief of Police/Director-General for Public Security, implementing the tasks of the Minister for the Interior with regard to coordinating and planning the police forces and commanding police services for the prevention and control of illicit trafficking in narcotic and psychotropic substances.

Originally, in accordance with Article 7 of Law No 685/75 (repealed by the abovementioned Article 35 of Law 121/81), it was a direct "Service", rotating as a rule after two years between a Chief Inspector of the State Police and a of the Carabinieri or the Guardia di Finanza.

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Subsequently, by Law No 16 of 15 January 1991, the Service was raised to the rank of a Central Directorate of the Department for Public Security, led – again on a rotation basis – by a Chief Inspector of the State Police or by a Major-General of the Carabinieri or the Guardia di Finanza.

2.6.2 ORGANISATION – FUNCTIONS

The internal organisation, number and powers of the Offices, Services and Divisions are laid down by the Interministerial Decree of 15 June 1991 of the Minister for the Interior, in agreement with the Minister for the Treasury.

The Central Directorate for Drugs Control comprises three Services with the following tasks:

Service I – General and International Affairs:

– management of cooperation relations with foreign agencies to prevent and control illicit drug trafficking in conjunction with the Ufficio di Coordinamento e Pianificazione delle Forze di Polizia [Police Coordination and Planning Office];

– promotion of inter-agency qualification and follow-up courses on drugs control for members of the police forces;

– dealing with general problems concerning illicit drug trafficking and abuse of narcotic and psychotropic substances;

– liaison with counterpart foreign drugs control agencies and with ICPO ();

– provision of logistical support to the operational units/offices and to the drugs control offices abroad, in the form of motor vehicles, technical means and special telecommunications equipment for drugs operations;

– management and use of goods seized in drugs operations;

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– management of police, military and civilian staff assigned to the Central Directorate and to the drugs control offices abroad;

– dealing with confidential matters;

– administrative and accounting management of the headquarters structure and of the offices abroad.

Service II – Studies, Research and Information:

– gathering, coordinating and statistical processing of data and information on drug trafficking and the archiving thereof in the Inter-Agency Data Processing Centre of the Ministry of the Interior;

– study, research and analyses for the prevention and control of illicit drug trafficking, including at international level;

– control of trade in precursors and base chemicals;

– operational analysis of links between illicit drug trafficking and other forms of crime;

– liaison with the Direzione Centrale della Polizia Criminale [Central Directorate of the Criminal Police] and with the operational units/offices of the police forces;

– link to the Italian and foreign databases on matters of specific interest;

– management of the specialised library and links with press agencies.

Service III – Drugs Operations:

– promotion and coordination of investigations on national territory and abroad;

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– preparation, direction and coordination of special drugs operations laid down by law;

– liaison and operational relationship with police force offices and headquarters, with ICTO (Interpol) offices and with the competent foreign police organisations;

– assistance with letters rogatory and with other international judicial cooperation activities within its competence;

– cooperation and technical and operational assistance, at bilateral and multilateral level, with police bodies of the countries concerned;

– coordination of drugs control offices abroad, relations with drugs experts at the diplomatic representations abroad and with the Italian and foreign drug liaison officers;

– liaison with customs administrations and with the Customs Cooperation Council.

The Central Directorate for Drugs Control therefore represents, as regards the complexity and importance of the responsibilities entrusted to it by the Consolidated Law on Drugs, an intelligence body mainly responsible institutionally for uniform management and coordination of operational information between the three police forces in this specific area.

This organisational set-up makes it possible to deal, by more flexible and effective instruments, with the growing criminal threat linked to the spread of narcotics, and to reduce, by controlling the offences of trafficking and distribution, both the direct social damage due to the use of drugs and the indirect – but equally insidious and less easily quantifiable – damage due to the widespread crime-inducing effect which is perceived, directly and in practice, as seriously prejudicial to the fundamental rights of citizens.

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2.7 THE EUROPOL NATIONAL UNIT

By Interministerial Decree of 25 October 2000, the Central Directorate for the Criminal Police was reorganised and the Department of International Criminal Police Cooperation was set up with responsibility for Interpol, the Europol National Unit (ENU) and the SIRENE Division.

The Europol National Unit is an inter-agency unit headed, usually in turn, by a senior official of the State Police or by an official of equivalent grade in the Carabinieri or the Guardia di Finanza.

Also within the National Unit are the Liaison Officers, one for each police force, who are seconded to the Europol headquarters in The Hague for the purpose of information exchange between the National Unit, Europol headquarters and the other Member States.

Currently, the ENU acts as a liaison body only, and is the sole interlocutor between Europol and the national contact points for the exchange of information on matters covered by cooperation, which at present includes all criminal acts.

The contact points for the National Unit are:

− the Central Directorate for Drugs Control; − the Anti-Mafia Investigation Directorate; − the Second Division of the General Headquarters of the Carabinieri Corps; − the Second Division of the General Headquarters of the Guardia di Finanza (financial police); − the Central Operational Office of the State Police.

The tasks of the National Unit are:

− to supply EUROPOL with information; − to reply to requests for information and consultation from EUROPOL; − to keep information up to date; − to use and disseminate information for the benefit of the departments concerned; − to request advice, information and analyses from EUROPOL;

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− to transmit data to EUROPOL for storage in computerised records; − to ensure the legality of any exchange of information between EUROPOL and the National Units.

In order to ensure full dissemination of messages between the national contact points, the principle of reciprocity of information has been combined with that of circulation of information.

In accordance with that combined principle, therefore, when the ENU assigns and distributes requests for information from Europol, one contact point is alerted "for action" and all the others "for information", in every case.

It follows that the contacts alerted "for information" must: − send the main contact whatever they may have in their files, − if appropriate, alert their departments/offices, − liaise with the contact alerted "for action" where their departments/offices are currently conducting specific investigations.

The National Unit comprises three sections, headed by officials with the rank of Assistant Deputy Questore/Commissioner in the State Police and officers of a rank no higher than Lieutenant-Colonel in the Carabinieri Corps and the Guardia di Finanza, and staffed by non-managerial members of those forces.

Section 1 deals with: − terrorism, trafficking in nuclear and radioactive materials, and serious crime;

Section 2 deals with: − illegal immigration, trafficking in human beings, child pornography and illicit trafficking in vehicles;

Section 3 deals with: − drugs trafficking, money laundering, organised crime and other financial crimes.

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2.8 EXCHANGE OF INFORMATION

2.8.1 LEGAL BASIS

The exchange of information and intelligence with Europol is governed by circular No 123/183/714 issued by the Ministry of the Interior's Department of Public Security. The circular implements the Interministerial Decree of 21 February 1996 establishing the Europol National Unit, and provides that the Unit is the sole liaison body between Europol and the competent structures.

(a) information and intelligence is exchanged with other EU States via Interpol, and with the Schengen States via the Schengen channel.

Police contacts are also governed by bilateral and multilateral cooperation agreements.

(b) Under the provisions of the abovementioned circular, direct exchange of information between police authorities at regional or local level and Europol is not allowed.

2.8.2 STRUCTURES

(a) Information and intelligence is exchanged between Europol and the Member States on a VPN e-mail network via the National Unit or the Liaison Officers seconded to Europol.

(b) Also within Europe, information may be exchanged with the Schengen States through the network linking C-SIS and N-SIS and, within the conditions laid down by the Europol Convention and the Schengen Agreement, via Interpol's IGCS (International Global Communication System) I-24/7.

The expert team should also point out that the procedures for cooperation with many European countries are also governed by agreements with Italy.

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The law enforcement agencies competent for the Europol-mandated areas come under the aegis of the central crime prevention bodies and constitute the ENU national contact points, viz.: the Anti- Mafia Investigation Directorate, the Central Directorate for Drugs Control, the Central Operational Office of State Police, the Second Division of the General Headquarters of the Carabinieri and the Second Division of the General Headquarters of the Guardia di Finanza (financial police).

The Carabinieri and the Guardia di Finanza are military in nature, whereas the Central Operational Office is a civil agency, being composed solely of officers of the State Police, and the Anti-Mafia Investigation Directorate and the Central Directorate for Drugs Control are interforce agencies.

Coordination of activities and information and intelligence exchange with the three cooperation bodies (Europol, Schengen and Interpol) is the responsibility of the Department of International Police Cooperation, set up by an Interministerial Decree of 25 October 2000 and responsible for directing and conducting the exchange of intelligence and operational information as part of international police activities, in close cooperation with the Department of Public Security and the General Headquarters of the Carabinieri and the Guardia di Finanza.

3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION

3.1. CHOICE OF COMMUNICATION CHANNEL

The choice of channel for information exchange depends on the provisions of Conventions or bilateral and multilateral agreements concluded with a number of countries:

For example:

• Europol is used where information exchange involves the countries of the European Union and the offence which is the subject of the exchange falls within Europol's specific areas of competence. Information is passed through the National Units and the national desks at Europol headquarters which almost all have access to national databases.

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In particular, Europol is specifically used for information exchange where intelligence activities are involved, that being the added value of cooperation via Europol as opposed to cooperation via other international channels.

The task of the Liaison Officer at the Europol desk is to ensure that information is exchanged swiftly, making use of the real time internet connections with his or her counterparts at Europol headquarters in The Hague.

• on the other hand the Schengen channel, which operates round the clock, is used among member countries to exchange information on operational activities; • lastly, Interpol is used for cooperation on matters outside the scope of Schengen and for offences not covered by Europol's areas of competence.

It should be pointed out that for information exchange relating to arrests for the purpose of extradition, the Schengen channel is used for the Schengen countries, while for non-Schengen countries and for all procedures relating to surrender for extradition purposes the Interpol channel is used.

For rogatory procedures with the Schengen countries – if not requested directly by the judicial authority, when they go through the ministerial channel – it is possible to use the Interpol channel as provided for in Article 53 of the Schengen Convention.

A similar procedure is expressly laid down in the European Convention on Mutual Assistance in Criminal Matters, which allows its member countries to forward requests for mutual assistance not only through ministerial channels, but also, in urgent cases, through Interpol.

For non-Schengen countries the provisions of bilateral agreements apply.

Finally, it is important to point out that at the first meeting of the Heads of the Europol National Units, the Heads of the SIRENE offices, and the Heads of the INTERPOL National Units, held in The Hague at the initiative of the then Italian Presidency of the Europol Management Board, the Secretary General of Interpol undertook to allow Europol access to its Global Communication System I-24/7 and its databases.

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Normally no particular distinction is made between bilateral and multilateral cases.

All channels used for data transmission (Europol, Schengen and Interpol) have adequate systems to protect against unauthorised access.

It will be remembered that the Conventions expressly prohibit integration between the different Systems.

In Italy all the law enforcement agencies have use of a national database that can only be accessed by police forces.

Certain information relating to stolen vehicles and stolen identity documents are accessible on an internet site specifically intended for public access.

4. EXTERNAL EXCHANGE OF INFORMATION

4.1. DATA EXCHANGE PROCESS Information exchange is constantly growing – in Interpol, Italy is in second place in terms of the number of messages exchanged with the 182 member countries – and the quality of the information is good both as regards law enforcement operations and intelligence activities.

A further improvement could be to set up a European Computerised Index System which would enable police officers to ascertain in real time whether useful information could be found in other databases, with access restrictions and levels of confidentiality to be defined. The EU Member States with which Italy exchanges the greatest volume of information and intelligence are Germany, Spain, Greece, the United Kingdom and Slovenia.

The main areas of crime concerned are organised crime, illegal immigration and drugs trafficking.

No significant problems have been encountered.

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5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL

5.1. DEFINITION OF INFORMATION AND INTELLIGENCE There is no specific legal definition of information and intelligence to be sent to Europol; however, Europol has done some work on the intelligence data model.

The legislation is contained in the Penal Code and related regulations.

There are four security classification levels under Italian law: "restricted", "confidential", "secret" and "top secret". Classified information and intelligence can be passed to Europol on the basis of Europol secrecy rules, provided it falls within the aims and scope of the Europol Convention.

In a few cases only, further to an order from the judicial authority, certain information and intelligence has not been passed on because it related to a current investigation. Information forwarded to Europol concerns either current investigations ("hot" information) or past investigations ("cold" information).

Evaluation of the kind of information to be sent is based on the specific requirements of an investigation, which either necessitate confidentiality (thus not allowing information to be disclosed) or suggest that the information should be sent to Europol for analysis.

Generally speaking, and more so in the case of "hot" information, the decision to send information to Europol is made in consultation with the investigating judicial authority.

5.2. NATIONAL EUROPOL UNIT

The current legislation on confidentiality of investigations does not pose any major problems as regards data transmission, provided that there is specific authorisation by the public prosecutor in charge of the investigation. However, in the European context, harmonisation of criminal and procedural legislation, as well as taking in consideration the common or best practices at European level, would make for more efficient and effective action in combating crime.

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Under Article 7 of Law No 121 of 1 April 1981, information regarding public order, public safety and the prevention and suppression of crime, held by the police of Member States of the European Union and neighbouring States, and of any other State, may be obtained where specific agreement has been reached to that effect.

Furthermore, such intelligence and data, if not subject to investigative confidentiality, may be communicated to the police services of European Union Member States.

While no serious delays have been encountered, it would be preferable if information could be processed more quickly.

5.3. USE OF INFORMATION AND EUROPOL ANALYSIS CAPABILITY

Contributions to Analytical Work Files should preferably be made on a mutual basis, not restricting participation to activities that will provide the operational services with a concrete benefit in investigative terms, but taking into consideration any further general use that could be made of the information to be sent, for example strategic analysis or threat evaluation.

Not all the Analytical Work Files currently open are of immediate interest to the police services, as some of them concern forms of crime that do not directly affect Italy.

5.4. PERCEPTION OF EUROPOL'S VALUE

In conceptual terms, Europol is undeniably the most useful tool for combating transnational organised crime in a coordinated and effective manner.

However, as widely and often stated, all of Europol's legislative and structural elements need to be reinforced, so that all its tasks, and particularly analysis and intelligence, can be carried out with full effect. Europol's operational worth must be strengthened and various initiatives have been launched to encourage member countries to make full use of its possibilities, thereby contributing to its ongoing development.

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6. EVALUATION BY THE EXPERT TEAM

6.1. INTRODUCTION The evaluation of Italy was conducted from 3 to 5 November 2004. With its 57 482 000 inhabitants and its overlapping police forces with nation-wide powers, Italy's national structures bear some resemblance to those observed in France. However, the situation differs somewhat in that in Italy there are three complementary police forces working side by side or jointly to combat serious international crime. What is more, Italy – which has quite considerable police strength – is also engaged in the very specific effort of curbing the activities of mafia-related groups. These are numerous, highly organised and active in various parts of the country. They include, for example, the Mafia, operating traditionally in , the Camorra, originally implanted in Naples, and the 'Ndrangheta, mainly in Calabria. In 1984 another organisation, the , appeared on the scene after a large number of mafia criminals had been imprisoned; its purpose was to support those indicted on charges of mafia crime. In order to maximise the Italian State's chances against these criminal organisations, all of which operate internationally, it was necessary to set up additional dedicated national agencies. This was the background for the creation of the National Anti-Mafia Directorate (Direzione nazionale antimafia – DNA) and the addition of the new Article 416bis to the Italian Penal Code. Article 416bis has no equivalent in any other European criminal code. It specifically targets activities controlled by the mafia or its ramifications. The Article defines mafia-type association (associazione di tipo mafioso) as involving the use by criminals, whether individuals or groups, of the power of intimidation to force their victims to submit to mafia-type codes and to comply with the code of silence (omertà). The Italian authorities made the DNA answerable to the judiciary and its operational arm, the Anti-Mafia Investigation Directorate (DIA), answerable to the Ministry of the Interior. The authors of this evaluation report will return later to the working methods of the DIA, which was set up in 1991.

Far more generally, the experts feel it important to underline the professionalism of the Italian police forces and to stress how heavily they are engaged in combating all serious forms of organised crime, whether national or international. However, the overlap of police forces with general powers does represent a complication when it comes to sharing information, and also at times in coordinating investigations.

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The Carabinieri, the State Police and the Guardia di Finanza all share responsibility for policing the territory, and the powers that each exercises are often similar or comparable. The move to centralise investigations, however, as will be discussed later in this report, is also a very promising development. The channelling of mafia-type cases to the Anti-Mafia Investigation Directorate (DIA) appears to be an excellent approach, as does the central role allotted to the Central Directorate for Drugs Control (Direzione Centrale per i servizi antidroga); this not only makes for first-rate interdepartmental collaboration and coordination of investigations throughout Italian territory but it also fosters and enriches relations with Italy's partners abroad. Time constraints but also the sheer number of police departments in Italy led the evaluators to focus only on those combating the most serious forms of crime (e.g. anti-mafia agencies) and on the internal methods of coordination between the major agencies. It was felt to be particularly important to use the understanding of internal information-sharing methods to build a clearer picture of the exchanges by/with Italian police departments, with other Member States and/or with other international cooperation bodies.

6.2 INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION

6.2.1 EXCHANGE OF INFORMATION

6.2.1.1 STRUCTURES All the above departments are linked up to a national system of centralised data bases called the SDI. All three national police forces can access the large volume of data stored in the system from any of the 90 000 entry points located throughout the country. The SDI is a centralised national data base enabling consultation of a vast number of specific data bases: e.g. vehicle registration numbers, company register, wanted persons, all criminal cases stolen vehicles, stolen weapons, but not fingerprint data bases. A central authority has been appointed to oversee the use of the SDI and the content of the data it contains. In addition, an ad hoc Parliamentary Committee is responsible for the legislative control of the system 1. The outstanding merit of this national application, which is available to police throughout the country, is that, with a single search, a law enforcement officer can immediately obtain a "yes/no" answer on the basis of access to 15 to 20 different national applications.

1 This Parliamentary Committee also oversees other databases, including those used by the SIS and SIRENE.

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The system is remarkable in that from a search, for example, of a person or a vehicle it will automatically make connections to different data bases. The evaluators accordingly consider that the installation of such a system should be encouraged in most Member States, in order to facilitate the type of connection described and to improve the efficiency of investigations and checks. Such a system would undeniably save investigation teams time as well as speed up the process of answering the many questions from other Member States for example.

From the second half of the 1960s, with the reappearance of crimes committed by mafia-style and terrorist groups, the Italian authorities' idea of carrying out a complete reorganisation of the public security system began to take shape. Various draft laws having been put forward in the meantime, the Government tackled this complex and sensitive area in 1979 with a proposal of its own which, after examination by two different parliaments, was adopted in 1981 in Law 121.

6.2.1.2 The fundamental innovation which it was desired to introduce into the structure of the Italian public security system was the recognition of a plurality of law enforcement agencies.

In this connection, concerning functional aspects in particular, the role of "single reference centre" was assigned to the Department of Public Security. Under Article 4 of Law 121 of 1 April 1981, the Department of Public Security is responsible, in accordance with the directives and orders of the Ministry of the Interior, for:

– implementing public order and security policy; – providing technical and operational coordination of the law enforcement agencies; – leading the direction and administration of the State Police and managing the direction and management of technical support, which may also be for the general requirements of the Ministry of the Interior. Coordination of the law enforcement agencies is based on the need to respond to an increasingly evident requirement for rationalisation of the structural and operational potentialities of each individual , by optimising the use and distribution of their resources and integrating the organisation and deployment of each, in line with a common systematic planning approach.

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6.2.1.3 Police Coordination and Planning Office

To meet these needs the Police Coordination and Planning Office (Articles 6-12 of Law 121 of 1.4.81) has been set up, to which the legislation gives a key position in the implementation of the essential institutional tasks of the security police, in clear confirmation of the central importance of coordination in the administrative organisation of the public security system.

The Police Coordination and Planning Office is thus the main coordinating body. Being a completely inter-agency body, both in its particular modus operandi in close and direct contact with the headquarters and central directorates of each of the law enforcement agencies and in its special position within the public security administration, this office is very much a joint police body.

The 1999 Decree brought the organisation of the Office into line with the provisions of the Interministerial Decree of 16 October 1984 on the organisation of the Department of Public Security. The Department of Public Security also contains the Central Directorate of the Criminal Police, of which the International Police Cooperation department forms a part.

6.2.1.4 The head of the Central Directorate of the Criminal Police is the Deputy Chief of Police – Central Director of the Criminal Police who, as Deputy Director-General of Public Security under Article 4(6) of Decree Law 345 of 29 October 1991, converted into Law 410 of 30 December 1991, is responsible also for liaison between the Anti-Mafia Investigation Directorate and other offices, branches and bodies of the law enforcement agencies, including the Central and Inter-Provincial Offices of the State Police, the Carabinieri and the Guardia di Finanza (Article 12 of Decree Law 152 of 13 May 1991, converted by Law 203 of 12 July 1991). He furthermore coordinates the activities of the Central Directorate for Drugs Control.

The Central Directorate of the Criminal Police, the key office of the Department of Public Security, was set up in 1984, with the following responsibilities:

– coordination of judicial police investigations at national level, with particular reference to tracing and capturing the most dangerous wanted criminals and to mafia-type criminal organisations;

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– collects, analyses and processes data and information connected with the most serious crimes;

– international cooperation with other countries in the fight against organised crime, with reciprocal exchange of information and operational strategies and procedures to combat the trans-national offences causing greatest concern (drug trafficking, money laundering, motor vehicle trafficking, counterfeiting of currency, computer crime and environmental crime); (referred second part of the report below);

– dealing with individuals cooperating with the judicial process;

– coordination at national level of measures relating to general preventive action and policing;

– scientific and technical support for the investigating bodies and for the judicial authorities in carrying out investigations requiring the use of specialised professional assistance.

6.2.1.5 As stated earlier, the different Italian police forces fighting serious crime each contribute according to their specific powers but also on the basis of their distribution throughout the country. However, the evaluators never found it very easy to determine accurately which tasks fell to Carabinieri and State Police.

On several occasions in the course of interviews and during field visits, the expert team felt that the duties of the Carabinieri and State Police and those of the Guardia di Finanza, for example, might cover the same areas.

6.2.1.6 The Guardia di Finanza, for example, is a police force. The corps' basic remit is policing duties, not customs duties. In Italy, Customs has limited geographical jurisdiction (generally only customs and transit areas) and limited powers, relating to the inspection of goods. The Guardia di Finanza on the other hand has general police powers and its strength is distributed throughout the country. It is, though, interesting to note that the two institutions , Guardia di Finanza and Customs, continue to share common ground. Both, for example, come under the Ministry of Finance.

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Italy's Customs Administration has always had a dual structure, whose two branches are closely interlinked and complementary: − a civilian branch (the Customs Department, since 1 January 2001 the Customs Agency), which is the strategic arm of the Customs authority, collects customs duties on international trade and applies the relevant legislation, and − a military branch (Guardia di Finanza), an investigative tax police force engaged in combating smuggling and illegal international trafficking.

The two organisations work side by side, complementing and mutually reinforcing each other; together they provide an efficient which protects national and EU financial interests.

The two institutions have different powers and duties; the following description of those specific to the Customs Agency should make that difference clear:

1. In fulfilling its purpose and its statutory aims the Customs Agency shall have the following duties and responsibilities:

(a) to run the customs services, ensuring that they are geared to the needs of international trade and optimally integrated into the range of activities connected with the movement of goods, and ensuring application of the Community customs code and all international trade-related measures, including those concerning agricultural policy and the common commercial policy; (b) to administer customs dues, with responsibility for assessing, collecting and conducting litigation in respect of customs duties, domestic taxation in international trade, excise duties, with the exception of duties on tobacco products, energy and environmental taxes, quality and quantity certification of excisable industrial products and energy consumption, and the payment of export refunds and the related Community aid;

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(c) to combat tax avoidance and non-tax related offences, in particular conducting risk analyses and managing data banks and, acting on the instructions of the Ministry of Finance, in collaboration where necessary with the Guardia di Finanza, carrying out inspections, checks and investigations under the powers currently vested in Customs officials in order to combat trafficking in drugs, strategic materials and counterfeit goods and to protect the artistic heritage and intellectual property; in collaboration with the Inland Revenue Agency, to check that VAT is applied to goods moving within the Community and to collect and transmit VAT data; (d) to run chemical laboratories, ensuring that they are cost-effective, including by providing specialist services to other bodies, to companies and to individuals; (e) to oversee litigation, protecting public finances through the courts of law and also encouraging the use of conciliation methods; (f) to provide services in the Agency's areas of expertise to other bodies, to companies and to individuals on the basis of the law, agreement or contract.

Similarly, while Legislative Decree No 300 of 30 July 1999 laid down that Customs would essentially work as an agency, whose main remit was the inspection of goods and the control of indirect taxes and duties, those duties have inevitably evolved.

6.2.1.7 The experts found that documentation presenting the various Italian law enforcement bodies specifically mentioned Customs. This might suggest that the various law enforcement agencies would cooperate fairly closely on the ground. The situation is somewhat different. Firstly, Customs has no access, not even indirect access, to the SDI system which receives input from the different police forces1. Moreover, for example, only the Guardia di Finanza would appear authorised to consult tax and fiscal data bases as part of its specific powers. The experts observed that Customs can not access or even consult the Guardia di Finanza's data bases. Customs has 14 regional directorates, 102 principal customs offices, 47 secondary offices, 41 specialised finance offices and 15 chemical laboratories; the team considered that it would certainly be advantageous if, in addition to the excellent informal relations that exist between the Guardia di Finanza and Customs, there could be broader debate on institutionalising relations between the two.

1 Under the law N° 121 of April 1, 1981 the SDI is only accessible to the benefit of police forces.

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The process could be used to study how sensitive information or information on imminent threats could be transmitted immediately to teams of analysts, without time or information wastage. The expert team accordingly recommends that there should be more flexible, reciprocal information access between the police forces and Customs and that, at least, the systematic exchange of information between Customs and the Guardia di Finanza should be placed on a more formal, institutionalised footing.

6.2.1.8 The real distinction between the Guardia di Finanza and Customs is that the former operates as a police force while its status is military. And while Customs today has only administrative powers, the Guardia di Finanza has general police powers. The interviews confirmed that in addition to its general police powers, the Guardia di Finanza (like the Carabinieri and the State Police) also had additional powers relating to tax offences. As regards information exchange, the evaluation also clarified that the Guardia di Finanza uses three levels of data base. The first is the SDI, which it accesses for search and data input purposes in the same way as the other police forces. The second is the Guardia di Finanza's own independent data base , and the third level consists essentially of data bases linked to fiscal or para-fiscal data banks. If any crime-related data appear in the second-level data base, they are sent to the SDI to be fed into the national SDI system. However, the Guardia di Finanza does not automatically share any of the other types of information in its possession with the other police forces. This means, for example, that the State Police has no access to the second-level data base. Information will only be exchanged if it has a criminal dimension, for example if it is giving rise to criminal proceedings.

6.2.1.9 The team did not have the opportunity to meet those responsible in the Carabinieri Headquarters in order to examine their logistical back-up for information gathering, but the units concerned seem to resemble those in the other main police forces. Information is centralised from the 4660 towns in which the Carabinieri are stationed to General Headquarters, which then passes on the crime data to the SDI. This system, which on paper looks very logical, is not without flaws. All the information contained in the SDI is in fact archive material concerning cases that are already closed either in terms of police investigation or criminal proceedings. In other words, the SDI, the backbone of national information exchange, cannot ensure that two police forces unbeknownst to each other are not simultaneously working on the same case or the same suspects. To mitigate these serious systemic flaws Italy's law-enforcement agencies have set up various systems to improve inter-force cooperation and enhance the effectiveness of their specialised agencies.

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6.2.1.10 First and foremost, since the early 1980s Italy has had to tackle mafia-type crime. In order to strengthen the State itself and also its anti-mafia capabilities, the Italian authorities decided strengthen the system for collecting and exchanging information in this area. A new Article 416bis was introduced into the Italian Criminal Code.

This Article defines a criminal offence that is not on other countries' statute books; it establishes that a criminal group is a mafia-type association (associazione di tipo mafioso) when it avails itself of the power of intimidation, the state of subjection and the ensuing code of silence (omertà) which derive from the bonds of membership of the organisation in order to commit crimes. With the aim of improving the legal system and, especially, of providing the police with tougher investigative powers and more effective inter-force liaison mechanisms, the Anti-Mafia Investigation Directorate (Direzione Investigativa Antimafia – DIA) was established on 29 October1991 by Decree Law No 345 (converted, with amendments, into Law No 410 of 30 December 1991). The innovation introduced by the establishment of this agency is its focus on a strategic target, namely the fight against organised crime, which is to be carried out through the coordination of all intelligence activities and effective high-profile police investigation aimed at disrupting the dominant cells of the mafia organisations.

6.2.1.11 The DIA is an inter-agency body consisting of investigators drawn in equal proportion from Italy's three police forces: the State Police, the Carabinieri and the Guardia di Finanza. The DIA's staff currently numbers 1 500 and also includes civil servants from the Ministry of the Interior and members of the technical staff of the State Police who provide technical, logistical and administrative support.

It is interesting to note that the commitment to making the DIA an interdisciplinary and interinstitutional agency is also evident at the very top. The DIA is headed by a Director, appointed by Decree of the Minister of the Interior and selected in turn from the highest-ranking officers of the State Police, Carabinieri and Guardia di Finanza with specific experience in investigating organised crime.

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6.2.1.12 Concretely speaking the DIA is divided into three branches or departments Department I is responsible for intelligence and is the DIA's distinctive element. It is subdivided into four divisions and collects and analyses information on organised crime, the structure of the various criminal associations, including foreign groups already operating in Italy or intent on expanding their activities into the country, and their national and international connections. Department II is responsible for criminal investigations and organises, plans and assesses the results of investigations carried out by the DIA. Department II is a criminal police unit (unlike the local offices) and can be used by investigating magistrates.

Department III is responsible for developing and maintaining relations with foreign counterparts in order to enhance the fight against crime. The DIA also comprises a total of 12 operational field centres and seven operational field sections established in those areas where the mafia is very active. The experts understood that when the DIA was set up, it was intended that it should have the means of obtaining and centralising the information it required to achieve its goal. Among other things the DIA may: − request the competent court to apply restrictive measures against a suspect's person or property; − receive reports on suspicious transactions; − in the context of major public works, carry on the monitoring of the infrastructure and of industrial establishments to prevent and eliminate attempts at mafia-type infiltration; − access bank-account records. It is the function of the security services to inform the DIA concerning facts however related to mafia-type activities and organised crime. The DIA may ask the judicial authorities for copies of documents concerning criminal proceedings and written information on their content considered necessary for the prevention of serious crimes.

In addition the DIA may consult information held by the Italian intelligence services and data in the SDI and may also take part in the Financial Security Committee (Comitato di sicurezza finanziaria).

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6.2.1.13 Criminal investigations carried out by the DIA are directed and coordinated by the National Anti-Mafia Directorate and the District Anti-Mafia Directorate. It suffices here to point out that, at this topmost level, the DNA has statutory powers to lead and coordinate investigations nationally through its specialist Public Prosecutors (Law No 8 of 20 January 1992). There are 30 specialist Public Prosecutors throughout Italy. The DNA's coordinating role does, however, cause problems of information, not to say transparency, for Italy's other investigative bodies. Current rules on investigative confidentiality require the DIA to obtain advance authorisation from a magistrate if it wants to pass on the information that it holds. The Public Prosecutor thus plays the role of coordinator. As the other criminal investigation branches do not have access to the DIA's system, this can cause difficulties between law enforcement agencies. For example, in cases of trafficking in human beings or money laundering the different police forces may, quite unbeknownst to each other, be investigating the same individuals because there are no automatic links for cross-checking information or ongoing investigations. The confidentiality attaching to ongoing investigations in this area 1 prevents any systematic comparison of information with other branches of the police and above all frustrates the entire process of inter-agency communication.

The only two coordination mechanisms available are a decision by the Public Prosecutor or a decision by the DNA chiefs. This situation could cause problems for entering data into Europol files (see below). However, the system has many merits and certainly protects the sources of information and safeguards against leaks. Moreover, the fact that all mafia-type cases have routinely to be reported to a central body undoubtedly enhances the efficiency of the Italian police. On the other hand, it would be desirable for the other criminal investigation branches to be able to consult a DIA index file; in this way the DIA investigators would know that a given department was interested in a particular person, company or object. While the evaluators consider the method introduced by the Italian authorities to be effective, they wonder whether an electronic facility which enabled some other authorised police departments to consult an index of the DIA's data base would not make for even greater efficiency on the part of those spearheading the effort against serious crime.

1 Investigative confidentiality may last for a renewable period of six months.

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6.2.1.14 Another area in which the Italian police systematically centralise information is narcotics. The Central Directorate for Drugs Control (Direzione Centrale per i Servizi Antidroga - DCSA) is another inter-agency body. It is accordingly composed in equal numbers of staff from the State Police, the Carabinieri and the Guardia di Finanza, all of whom work under the authority of the Chief of Police/Director-General for Public Security. As in the case of the DIA, all Italy's police forces are required to transmit to the DCSA all information that they collect on drugs-related matters and in particular to report all major drugs cases discovered in the territory 1. That information is entered into a data system known as DADE (Direzione antidroga data entry). The data entered in DADE enables the DCSA to fulfil its coordinating role and to see at a glance what other police departments may or may not be interested in a given case. Unlike the SDI system, where some time may elapse before information is transmitted, DADE requires information to be sent immediately. Every four months the DCSA holds a meeting for all the liaison officers stationed in Italy. In the course of our evaluation the team found that the DCSA had no direct links with Customs; however, a customs liaison officer is posted with the DCSA. This situation is the result of the limits placed on Customs' powers and geographical scope. Even if informal cooperation between the two bodies would appear to be good, it would probably be worthwhile to place exchanges on a more formal footing for the purpose of cross-checking various types of information which could be of interest to both enforcement and prevention branches.

6.2.1.15 To conclude the discussion of the internal coordination system, the experts must refer to the Central Directorate of the Criminal Police (Direzione centrale della polizia criminale - DCPC) within the Department of Public Security. As noted earlier, this Central Directorate has several multi-agency departments, a feature which encourages inter-force cooperation and should in principle also facilitate the sharing of information. The three multi-agency departments are:

− the Criminal Analysis Department; − Central Protection Department; − International Criminal Police Cooperation Department.

1 Law No 16 of 15 January 1991 establishing the DCSA.

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These three departments within the Central Directorate of the Criminal Police are evidently in touch with other investigative branches and, more especially, with the 26 local units of the criminal police throughout the country. Coordination with the anti-mafia departments, for example, takes place through this Central Directorate. To supplement the coordination effort, meetings are regularly held to take stock of investigations being conducted by the different police forces (and during the meetings the various branches of the State Police, Guardia di Finanza and Carabinieri have the opportunity to exchange views with the anti-Mafia agency).

6.3 External exchange of information

6.3.1 As mentioned in an earlier section of this report, Italy's International Police Cooperation Department forms part of the Central Directorate of the Criminal Police and was set up by Inter-ministerial Decree of 25 October 2000, with the task of: – directing and ensuring informational and operational exchanges in the organisation of police work at international level, in constant liaison with the units of the Department of Public Security and the General Headquarters of the Carabinieri and the Guardia di Finanza;

– reinforcing bilateral relations with certain countries or geographical areas having particular operational importance, by various means including consulting them on the terms of cooperation agreements;

– ensuring the implementation of police technical and operational cooperation, extradition procedures and judicial assistance.

This means that all information requested by the Member States or third countries has to pass through the International Police Cooperation Department. Similarly, any request made by Italy's law enforcement authorities will also have to transit via this international liaison bureau. The coordination of the Offices, the Central Directorates and the Anti-Mafia Investigation Directorate of the Department of Public Security, the departments of the General Headquarters of the Carabinieri Corps and of the Guardia di Finanza (financial police), and the territorial offices of the law-enforcement agencies refer, in accordance with the relevant procedure, to the International

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Police Cooperation Department for every requirement of a technical/operational nature and they cooperate with it for every related requirement concerning international police cooperation. In its turn, the International Police Cooperation Department sees to the communication to those bodies of all evidence of specific use and/or relevance obtained from cooperation bodies.

6.3.2 The staff of the Department is inter–agency in character, and it is headed in rotation by a Senior Superintendent of the State Police, a Brigadier-General of the Carabinieri and a Brigadier-General of the Guardia di Finanza.

6.3.3 The organisation of the international platform, is encouraging inter-institutional exchange and developing the multi-agency concept in an international cooperation framework. In terms of management, the experts took note of the three-yearly rotation of Directors at the head of this Department.

6.3.4 Alongside those institutional cooperation channels, there is a network of 55 Liaison Officers (LOs) (figure given during the introductory presentation by the Head of the General Affairs Division) representing the three Italian law-enforcement agencies (LEAs) which ensures a presence around the world, focusing on certain fields and/or covering specific geographical areas: o Drugs o Financial and economic crime (including money laundering) o Immigration (including illegal immigration and trafficking in human beings) o Inter-force mission in Montenegro (5 LOs) o Inter-force liaison office in Albania (24 LOs) o Europol (3 LOs) o Interpol/Lyons (4 LOs).

Our Italian interlocutors made no secret of the fact that they wanted to see all the LOs' different powers concentrated under a single authority. One approach would in the long term be for the specialist powers of the various types of LO to be replaced by a single overall mandate.

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6.3.5 It is to be noted that Italy is the second largest user of the possibility offered by the Schengen Convention to enter data into the Schengen Information System on persons or vehicles for surveillance purposes (Article 99 of the Convention). At the time of the evaluation visit, Italy had alerts for 2126 persons and 1169 vehicles in the Schengen database on grounds of this Article. This illustrates Italy's will to use all available European police tools to the maximum, by incorporating them into their national working methods. Although Italy does not use the European Arrest Warrant, it also ranks second in its use of Article 95 of the Schengen Convention (arrest for extradition) with 2793 entries (at 4 November 2004). The data on international cooperation in Italy show that Italy's Interpol NCB is the second largest world-wide in terms of personnel and volume of traffic, and that the SIS is largely used in the operational police domain (high number of alerts pursuant to Articles 95 and 99).

Generally speaking, the experts can confirm that Italy is provided with appropriate tools that comply with European rules, so enabling it to cooperative actively in particular with its partners. However, this account of the situation should not mask the real difficulties deriving from internal organisation and a restrictive interpretation of the ownership of information.

6.3.6. In fact, as seen earlier, the SDI data base of the Italian police essentially contains closed cases or information of a "historical" nature. All the other data is kept in police data bases, such as those kept by the DIA file or the national drugs unit. During investigations these departments do not pass on information in accordance with the principle of investigative confidentiality. Under this principle, all information held by a police department during an investigation is placed under the judicial authority (examining magistrate or Public Prosecutor). In accordance with this principle, the circulation and dissemination of information held by a department is subject to prior authorisation by a magistrate. In other words, coordination is ensured by the Public Prosecutor. In accordance with this principle, Italy sends information to Europol, for example, only if authorised by the judiciary.

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6.3.7. This situation means that the DNA (National Anti-Mafia Directorate), which is the judicial counterpart of the DIA, receives all the information collated by the DIA and that the DNA will forward information only when investigations have been completed and the magistrates in charge of the cases concerned give their consent. If one adds that in the case of ongoing investigations police departments may ask for an embargo on information held for a renewable period of six months, this is a real obstacle to international cooperation. For example they say that they cannot give information to Europol or put information in databases because the investigation and prosecution must remain confidential. Such investigative confidentiality cannot however extend to other law enforcement authorities although account must be taken of the specific situation of Italy. Creation of a database which would function on a "hit by hit basis" in ongoing investigations would not seem to run counter to the principle of investigative confidentiality. The Italian authorities' interpretation of this principle is too rigid and in other countries where this principle is applied, it has not prevented those countries from creating and sharing databases for ongoing investigations. The fact that such a system is needed is borne out by the DCSA that prevented 584 cases of investigative overlapping in 2003 in the field of drug-related crimes alone. Unless cases of smuggling of arms, trafficking in human beings, etc. are recorded in the DNA database they do not seem to be registered anywhere, so there is real danger of overlapping in cases which do not concern drugs or the Mafia.

The experts consider that the system in place is generally too strict in terms of access to information by outside investigation departments. In this connection, the experts consider that the Italian authorities could doubtless examine methods for extracting information or at least develop a "hit" or "no hit" system which would enable other Member States' investigation departments to be informed of the existence of ongoing investigations or of the absence of information sought. Such system would not prevail what kind of information and to which extend it should be shared with European counterparts asking for information.

6.4. EUROPOL

6.4.1 The Europol national unit is part of the SCIP (International Police Cooperation Department). It was created by a law of 23.3.98. It is a multi-agency unit and the three responsible law enforcement agencies head the service in rotation.

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The national contact points refer matters to the Europol National Unit, or vice versa, on the basis of fixed procedures and principles.

Every national contact point has a specific area of competence, which means that the National Unit deals with:

− the Central Directorate for Drugs Control, for drug-trafficking;

− the Anti-Mafia Investigation Directorate, for Mafia-related crime;

− the Central Police Directorate , for terrorism;

− the General Headquarters of the Carabinieri Corps, for trafficking in radioactive and nuclear materials, as well as serious crimes (murder, kidnapping, violent robbery);

− the General Headquarters of the Guardia di Finanza, for money laundering connected with the areas of crime for which Europol has competence, financing of terrorism, smuggling, forgery of money and other means of payment, fraud, swindling and other financial crimes;

− the Central Operational Office of the State Police, for illegal immigration, illicit trafficking in motor vehicles, trafficking in human beings, and terrorism (for this area, with the support of the Central Police Directorate for Prevention).

6.4.2 The principle of competence in a field is not exclusive, and the National Unit exercises a degree of discretion when consulting files in that, if requests for information relate to persons or acts which are already the subject of a specific investigation, it refers the matter to the police body which possesses the largest amount of relevant information or which has already initiated investigations.

The National Unit is equipped with computer tools with which it can access the police forces' national database and exchange information both with the central body of Europol and with the national contact points, online and in real time.

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6.4.3. Requests sent to Europol are conveyed by a secure email line for all departments. Those in charge of the ENU may decide to reroute messages if necessary. In reality, if local units wish to forward information to Europol, they must first forward their requests to their superiors who will then decide on the desirability of informing the ENU. With regard to requests made by Europol, ENU officers have the SDI database at their disposal, providing access to crimes recorded. However, in order to have access to information concerning ongoing investigations or to fuller information, ENU officers must contact the relevant departments in order to find out what the information is about, if that is possible.

As pointed out earlier in this report, most of the information forward to Europol is "historical" information or information concerning closed files. When a request is received through Europol it is sent to one force for action and to the other for information. Each force has then the obligation to forward the information in it's possession to the leading service which will send the complete reply.

6.4.4 With regard to information exchange in the framework of Analysis Work Files (AWFs), it is worth emphasising again that magistrates play a crucial role because live information can be transmitted only with their prior authorisation. This also highlights the importance for the investigator to be able to convince these key players of the interest and added value of using Europol. Although not knowing what kind of information would be needed to feed the future EIS, the ENU senior officers explained that Italy had already organised inputs into the future EIS data file and that the main principle would be to feed in only information concerning criminal activities affecting at least two European Union Member States. The experts would point out that this perspective will be truly useful only if, when this principle is implemented, the Italian authorities also consider supplying Europol with live information.

6.4.5 From the senior management that the expert team met one can conclude that Italy is very supportive of cooperation with Europol, something which is also borne out by that fact that they are participating in 16 out of 18 AWFs. However, since the data which is stored in databases can not be released without the authorisation of the judiciary (all data is held or "owned" by the judiciary), Italy will not be able to contribute live data on ongoing investigations to Europol, unless the judiciary gives authorisation. They have sought to counter this by involving the judiciary directly in the AWF. This seems to be a step towards making their Europol contributions more effective but it cannot be satisfactory.

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The restrictions which the judicial authorities seem to impose on the transmission of information to Europol should be drawn to the Public Prosecutors' attention in order to stress the content and the role of Europol according to its provisions rules.

6.4.6. Moreover, although the people to whom the expert team spoke stressed that Europol's response time was shorter than Interpol's, there were no statistics to confirm that impression. However, the number of requests sent to Europol has more than doubled in 2004, and the year has not yet ended. This shows renewed interest in Europol. The figure for 2003 was 269 and for 2004 so far it is 962; these are operational requests.

6.4.7. Moreover, although those to whom the expert team spoke expressed great interest in spreading knowledge of Europol within all services throughout Italy, the experts were forced to note that Europol information products were not well known. This is paradoxical as one of the ENU's tasks is to be the focal point for disseminating products and services offered by Europol. It should be noted that, although the evaluation team was told that there was a dissemination plan aimed at ensuring good distribution of Europol specific documents (e.g. threat assessment), the visit to the different services (e.g. SCO and GdF/Airport) highlighted a low level of awareness about those products and services.

The awareness of Europol products and services should be further improved and they should be adequately distributed to the services concerned.

7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM

The evaluation of Italy showed a Member State which is perfectly in line with Community rules on international police cooperation under the Third Pillar. Italy's history accounts for some complexity in dividing out tasks at internal level between the various agencies responsible for police cooperation in the broad meaning of the term. That being so, all the initiatives taken by the Italian authorities to rationalise a relative complex system should be welcomed. For example, the fact that international cooperation is managed jointly by several national police chiefs is no doubt the expression of a desire to simplify administrative circuits. The number of cases in which Italy participates in Europol is moreover also a sign of a firm intention to use European Union instruments as effectively as possible.

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The experts were also impressed by the powerful and visibly efficient structures set up to fight against Mafia activities both within the Italian State and within and outside the European Union. These positive aspects must in no way mask the potential weaknesses in terms of international cooperation. Although the confidentiality of investigations remains a key element in the success of many investigations, this principle must in no way be used in the context of international cooperation to justify information being withheld from its partners or Europol in numerous circumstances. With regard to the last point, the experts were not very satisfied with the level of many services' awareness of the opportunities Europol could offer them, in terms of both tools and services.

At a time when Europol and the Member States must agree on the type of information to be exchanged by automated means, the time has doubtless come for Italy, which has major national databases, to consider the best technical solutions for the European Police Office and for better internal dissemination of information from The Hague.

7.1. FOR ITALY

7.1.1. Encourage the development of practices at national level which allows law enforcement authorities to easier exchange information with their European counterparts by applying with more flexibility the principle of investigative secrecy. (see 6.3.7)

7.1.2. Study the possibility for the law enforcement authorities concerned to have access to an index file allowing indirect and partial access to the respective national databases. (see 6.2.1.13 and 6.3.7)

7.1.3. Encourage the transmission to Europol of information connected to operational cases. (see 6.4.5)

7.1.4. Make law enforcement authorities and departments of Justice involved with national exchange of information more aware of Europol's products and services. (see 6.4.5 and 6.4.7)

7.1.5. To enable Europol products to be disseminated widely, the ENU should develop an awareness program to be presented to all law enforcement authorities within the country. (see 6.4.7)

7.1.6 Encourage institutionalised exchanges between customs and police departments. (see 6.2.1.7

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7.2. FOR THE OTHER MEMBER STATES

7.2.1 For countries with a large variety of law enforcement authorities, encourage, as far as possible, the presence of the various agencies at these focal point for international cooperation. (see 6.3.3)

7.2.2 For countries with several police forces, encourage the creation of an integrated system allowing all police forces of the country to have access to different databases at least on the basis of a "hit/no hit" system. (see 6.2.1.1)

7.3 FOR EUROPOL

In the perspective of EIS implementation, experts recommend Europol to invite the final users to study deeper the type of data which will be input into the system. (see 6.4.4)

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ANNEX A PROGRAMME OF VISITS Day 1 - 3 November 2004 time Subject 09.30 Delegation picked up at hotel 10.15 – 10.30 Welcome DCPC – Direttore Centrale

10.30 – 10.50 Coffee break

11.00 – 12.00 Presentation of the “Europol National Unit” 12.30 – 14.30 Lunch 14.30 – 15.30 Presentation of “NCB – Interpol” 15.30 – 15.50 Coffee Break 15.50 – 16.50 Presentation of “Schengen” 16.50 – 17.00 Question and comments 17.00 Transfer to the hotel 19.30 Delegation picked up at hotel for dinner 20.00 – 22.00 Dinner Day 2 - 4 November 2004 time Subject 9.30 Delegation picked up at hotel 10.30 – 11.20 Talk about the questionnaire

11.20 – 11.40 Coffee break

11.40 – 12.30 Talk about the questionnaire

12.30 – 14.30 Lunch 15.15 – 16.00 Visit to the Servizio Centrale Operativo della 16.00 – 16.20 Coffee break 16.20 – 17.00 Visit to the Servizio Centrale Operativo della Polizia di Stato 17.00 Transfer to the hotel

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Day 3 - 5 November 2004 time Subject 9.30 Delegation picked up at hotel (with luggage) 10.30 – 11.30 Visit to the DIA – Mafia Investigation Directorate (presentation) 11.30 – 11.50 Coffee break

11.50 – 12.30 Visit to the DCSA – Drug Investigation Directorate (presentation) 12.30 – 12.45 Talks with the Director of the Servizio per la Cooperazione Internazionale di Polizia (SCIP) and other SCIP’s representatives for questions and comments 12.45 – 14.30 Lunch In connection with Transfer to the airport flights

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Polizia di Stato

Pasquale TORCHIA, 1° Dirigente, Director 1st Division - General Affairs Mariella BONIFAZI, 1° Dirigente, Raffaele FRASSI, 1° Dirigente, Director 2nd Division, Servizio Centrale Operativo Chiara GIACOMOANTONIO, Commissario Capo, Director 3rd Section – 3rd Division, Servizio Centrale Operativo Emilio RUSSO, Vice Questore agg., 1st Dept. - DIA Vivenzio PERUZZI, 1° Dirigente, Director – 2nd Div. - II Serv. D.C.S.A.

Arma dei Carabinieri Antonio COLACICCO, Colonel, Head of Europol National Unit, Director 4th Division Rodolfo PASSARO, Colonel, Director – 2nd Div – III Serv, D.C.S.A. Giuseppe FINOCCHIARO, Lt. Colonel , Director International Relationship Section Andrea LIEVRE, Lt. Col., Director 1st Section – 5th Division, S.I.R.E.N.E.

Guardia di Finanza Pino COLONE, Major, Director Gruppo Guardia Finanza Aeroporto Fiumicino Carlo TERZOLI, Colonel, Director 3rd Division - Interpol Massimo MONTEMURRO, Captain, Director 3rd Section – 3rd Division Ernesto BRUNO, Captain, Director 1° Nucleo Operativo Aeroporto Fiumicino Gabriele NASTASI, Captain, Director 3° Nucleo Operativo Aeroporto Fiumicino Luigi DELL’ABATE, Brigadier General, Director 3rd Dept - DIA Carmelo VELLA, Colonel, 3rd Dept. – 2nd Div. - DIA Tommaso SOLAZZO, Major, 3rd Dept. - DIA Carlo UGHI, Colonel, 2nd Dept. - DIA Silvano FONTANA, Lt. Colonel, Director IT Section

Interpreter Rita NOVELLI Bianca Maria RISI

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LIST OF ABBREVIATIONS/GLOSSARY OF TERMS

ACRONYM ITALIAN ENGLISH TRANSLATION ABBREVIATION OR EXPLANATION TERM DADE Direzione antidroga data entry DCSA data base DCPC Direzione Centrale della Central Directorate of the Polizia Criminale Criminal Police DCSA Direzione centrale per i servizi Central Directorate for Drugs antidroga Control DIA Direzione investigativa Anti-Mafia Investigation antimafia Directorate DIGOS Special Operations Division DNA Direzione nazionale antimafia National Anti-Mafia Directorate GIS Special Intervention Group ICPO OIPC (Interpol) International Criminal Police Organisation IGCS International Global Communication System LASS Laboratories for the Analysis of Narcotic Substances LEA Law Enforcement Agencies PCCT Piani coordinati di controllo del Coordinated territorial policing territorio plans Questure Mobile Units attached to Police Headquarters RaCIS Raggruppamento Carabinieri Carabinieri Scientific investigazioni scientifiche Investigation Centre RM Provincia di Roma Rome Province

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ACRONYM ITALIAN ENGLISH TRANSLATION ABBREVIATION OR EXPLANATION TERM SCIP International Police Cooperation Department SCO Servizio Centrale Operativo Central Operational Office SDI Sistema informativo interforze Inter-agency information (Sistema d'indagine) system TA Provincia di Taranto Taranto Province UCAMP Ufficio Centrale di Analisi e Central Office for the analysis Monitoraggio della frode and monitoring of currency and monetaria e degli altri mezzi di means of payment fraud Pagamento

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