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EASY TO RECOGNIZE, DIFFICULT TO COMPREHEND A MULTI-AGENCY APPROACH TOWARD 1%-MOTORCYCLE CLUBS: CHARACTERISTICS AND DIFFICULTIES Teun van Ruitenburg 1923536 Masterscriptie Criminologie Profiel: Strafrechtelijke handhaving in de praktijk & Research track Criminology Scriptiebegeleider: Prof. dr. E.R. Kleemans Tweede lezer: Dr. V. van der Geest 6 december, 2013 Vrije Universiteit, Amsterdam Faculteit der Rechtsgeleerdheid T. van Ruitenburg, Vrije Universiteit Easy to Recognize, Difficult to Comprehend A Multi-agency approach toward 1%-Motorcycle clubs: Characteristics and Difficulties (2013). Easy to Recognize, Difficult to Comprehend A Multi-agency approach toward 1%-Motorcycle Clubs: Characteristics and Difficulties1 T. van Ruitenburg, Master Candidate Vrije Universiteit Amsterdam Abstract __________________________________________________________________ This article highlights the problem that Law enforcement agencies are not always able to fight Outlaw Motorcycle clubs in a successful way. Scientific literature combined with documentation of Police investigations were used to describe different characteristics of 1%- Motorcycle clubs that impede the multi-agency approach toward 1%-MCs. These characteristics explain why tackling 1%-MCs has been troublesome on several occasions. To fight Outlaw Motorcycle clubs in the Netherlands, the Ministry of Security and Justice prioritized a multi-agency approach toward 1%-MCs. However, despite the need for cooperation, it seems that partners have not fully integrated this procedure into their demeanour yet. Interviews with different partners revealed insightful information about the key bottlenecks for the multi-agency approach toward Outlaw Motorcycle clubs. This research exposes these kind of problems in order to improve the multi-agency approach. Simply stated, better cooperation between different partners may contribute to a more effective way of preventing organized crime. The author also poses some critical questions to the present approach toward Outlaw Motorcycle clubs, which seems to be based on the assumption that 1%-MCs are criminal by nature. While the author conducted his research mainly in the province of ‘Noord-Brabant’ in the Netherlands, this research may have an impact on national and international level as well. Key words ______________________________________________________________________ Organized crime, Criminal Organisations, Outlaw Motorcycle Clubs, Multi-agency approach, cooperation "When I see a bird that walks like a duck, swims like a duck and quacks like a duck, I call that bird a duck." - James Whitcomb Riley (1849-1916) 1. Introduction This year, the City Council of Maastricht received several indications of a possible take-over of the clubhouse of football club 'RKBFC Bosscherveld' by the Satudarah Motorcycle club. As a result, the city of Maastricht refused to provide another permit to the football club for this year's competition (www.delimburger.nl, 2013). At the same time, the club denied to 1 Special thanks go to H. Jozee, J. Van Manen and T. van Loenhout (Dutch National Police) for making this research possible and moreover, for their support throughout my activities at The Dutch National Police. I would also like to thank Prof. dr. Edward R. Kleemans and Dr. Victor van der Geest (Vrije Universiteit, Amsterdam) for their helpful advices and guidance during the development of my master’s thesis. 2 T. van Ruitenburg, Vrije Universiteit Easy to Recognize, Difficult to Comprehend A Multi-agency approach toward 1%-Motorcycle clubs: Characteristics and Difficulties (2013). have any connection with the Satudarah MC and explained that their withdrawal from competition was only due to a lack of players. However, the Mayor of Maastricht concluded this was not the case. The Police stated this was the first time an Outlaw Motorcycle club was planning to take over the clubhouse of a football club (www.delimburger.nl, 2013). Earlier this year, the Satudarah MC has also been successfully banned from a business premises in Eindhoven (ww.nu.nl, 2013). That is, the Court of Justice concluded the use of the premises in question was not in line with the area development plan and therefore, the Outlaw Motorcycle club was obliged to leave the area. Recently, the City Council of ‘s-Hertogenbosch also instigated new house rules for bars and clubs in the city of ‘s- Hertogenbosch. These house rules prohibit guests to wear clothing that can be related to any Motorcycle club (Brink, 2013). So while Outlaw Motorcycle clubs are looking for different ways to get together, municipalities are trying to prevent these clubs from establishing in a certain area. City Councils aim not to provide a platform for Outlaw Motorcycle clubs or 1%-MCs2 to organize different activities. Besides administrative measures, the Public Prosecution Service has tried to prohibit the Hells Angels MC by use of the Dutch Civil Code (article 2.20 Dutch Civil Code). In this case, the Hells Angels were believed to act alien to the public order and should therefore be dissolved. Moreover, some members of the Hells Angels MC have been indicted on suspicion of membership of a criminal organization (article 140 Dutch Penal Code). However, in both cases the Public Prosecutor was unable to provide enough solid proof to either dissolve the 1%-MC as a whole or indicate the 1%-MC as a criminal organization. These examples are believed to be the result of the policy raised by the Ministry of Security and Justice in the Netherlands. Over the past few years, the Ministry set goal to reduce the existing problems with the 1%-Motorcycle clubs and its members in the Netherlands (Ministerie van Veiligheid en Justitie, 2012). The Dutch National Police believes that 1%-MCs disrupt the public order and have consistent links with organized crime (KLPD, 2010). As a result, a strong focus on tackling these 1%-MCs is present in the Netherlands. In this respect, it is believed that two important conditions for a successful approach toward 1%- MCs should be present. First, an integrated input of all the available tools is needed. That is, different partners (e.g. the Police, municipalities, the Public Prosecution Service and Tax authorities) have to cooperate in their approach toward 1%-MCs in order to fight crime more effectively. Secondly, to be able to fight (organized) crime, a solid insight into the nature and extent of the criminal activities is needed. To put it simply, only a solid understanding of the criminal activities in question enables one to approach a problem successfully. (Stuurgroep Geintregeerde aanpak Ondermijnende Criminaliteit, GOC, 2013). However, from several conversations with the Dutch National Police it was apparent the multi-agency approach toward 1%-Motorcycle clubs has proven to be troublesome and certainly not self-evident. Moreover, Law enforcement agencies do not have a complete 2 The terms 1%-Motorcycle clubs (1%-MC) and Outlaw Motorcycle gang (OMG), as well as 1%-ers and outlaw bikers, will be used interchangeably throughout this article. 3 T. van Ruitenburg, Vrije Universiteit Easy to Recognize, Difficult to Comprehend A Multi-agency approach toward 1%-Motorcycle clubs: Characteristics and Difficulties (2013). comprehension of the modus operandi of 1%-MCs and thus, lack intelligence of their criminal activities. This article aims to pinpoint the reasons why this is the case and thus, why combating 1%- Motorcycle clubs can be such an arduous task. On the one hand, different features of the 1%- MC itself cause difficulties for Law Enforcement while on the other hand, different bottlenecks arise when considering the cooperation between different partners alone. All in all, numerous reasons can be denominated why a multi-agency approach toward 1%-MCs cannot be taken for granted. In sum, this research aims to provide an answer to the following research question: What circumstances impede the (multi-agency) approach toward Outlaw Motorcycle clubs in the Netherlands ? This article is divided into eleven sections. After the introduction, the used method and data will be explained in section two. Thereafter, the article summarizes what an Outlaw Motorcycle club is and how these clubs are generally organized (section three). The fourth section will provide an overview of the present approach toward Outlaw Motorcycle clubs and explain on what theoretical grounds this approach is based. Next, in section five, a brief overview on the present approach toward 1%-MCs in three foreign countries is presented. This section shows whether the difficulties accompanied with these types of clubs are only present in the Netherlands. Section six pinpoints important characteristics of 1%-MCs that hinder combating Outlaw Motorcycle clubs. This research will also reveal some complications that impede the cooperation between the partners responsible for taking on Outlaw Motorcycle clubs (section seven). In section eight, a short overview on the approach toward football hooliganism is presented in order to put the approach toward 1%-MC in contrast. The conclusion of this research will be presented in section nine, followed by a summary in section ten. The discussion in section eleven will add a critical note to the present approach in order to instigate a debate about today's combat toward 1%-MCs. 2. Method & Data ___________________________________________________________ The research question stated above was originally brought up by the Police region of ‘Oost- Brabant’3. While the original question focused on the
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