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BALI PROCESS WORKSHOP ON OPERATIONALISING IMMIGRATION INTELLIGENCE

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Title: BALI PROCESS WORKSHOP ON OPERATIONALISING IMMIGRATION INTELLIGENCE


1
BALI PROCESS WORKSHOP ON OPERATIONALISING
IMMIGRATION INTELLIGENCE
  • Human Smuggling in Sri Lanka
  • Presentation by
  • Sisira Mendis
  • Director
  • Criminal Investigation Department
  • Sri Lanka

2
Srilanka
Sri Lanka
3
Map of Sri Lanka
Population in Sri Lanka 19,905,165
Area of Sri Lanka is 65,610 Sq. km.
4
Religions of Sri Lanka
Islam
Buddhism
Hinduism
Christianity
5
Kandy Perehara
6
Tourism in Sri Lanka
Sandy Beaches of Sri Lanka
7
Sigiriya Aerial view
8
Sigiriya Aerial view of the the gardens
9
Sigiriya Entrance to the fortress
10
Tea Plantation in the Hill Country
  • Ceylon tea, one of the finest teas in the world

11
Sri Lankan Handicrafts
12
Introduction
  • Sri Lanka is a long standing democratic republic.
    With a population of 19.9 million, the majority
    are Sinhala Buddhists. Indigenous Tamils form
    12.5 and Tamils of Indian origin 6. More than
    7 are Muslims.
  • The country has a market economy based on the
    export of textiles, garments, tea, rubber,
    coconut, gems and earning on tourism.
  • A conflict between the Government and Liberation
    Tigers of Tamil Eelam (LTTE), or better known as
    Tamil Tigers, has escalated since 1983.
    Government troops and rebels have fought bitter
    wars. In February 2002 a ceasefire came into
    effect. However, this has not put paid to
    violence altogether.

13
  • In the recent months the Government has accused
    the rebels of killing more than 70 soldiers and
    policemen. Attacks are continuing whilst the
    Government is calling for amendments to the
    Ceasefire Agreement of Prevent them.
  • In the light of this, human smuggling has assumed
    different forms. In the North and East where
    fighting had continued, youth fled to avoid
    conscription by Tiger rebels. Over the years so
    called Employment Agencies, in reality fronts
    for human smugglers, exploited this situation to
    smuggle out of the country youth who wanted to
    evade the war. Thereafter, the rebels used their
    own fleet of ships and other means to smuggle
    youths.

14
  • The by product of this exercise is disturbing.
    The Tamil diaspora abroad become the best source
    of funding for the rebels. They raised funds
    through them. Obtained weapons in illegal
    markets to fight a separatist, terrorist war in
    Sri Lanka. Here is an instance where human
    smuggling was funding terrorism.
  • In marked contrast, in other parts of Sri Lanka
    youth wanted to seek greener pastures. The lure
    of foreign money and new lifestyles lured them to
    pay large sums of money.
  • It is significant to note that in the case of Sri
    Lanka, human smuggling is not only highly
    organised but is trans-national in character

15
Human Smuggling by Sea 2005….
  • 2001 2002 2003
    2004 2005
  • Arrest of Sri Lankans 157 264
    495 68 139
  • Arrest of Foreign Nationals -- 70
    758 86 73
  • Total 157 334 1253
    154 212
  • Pakistan -
    51 398 - 59
  • Bangladesh -
    10 36 86 15
  • India -
    09 318 -
    -
  • Russia -
    - 01 -
    -
  • Ukraine -
    - 01 -
    -
  • Georgian -
    - 05 -
    -

16
Existing Legislation in Sri Lanka
  • Originally the legislation for Immigration
    Emigration was established in 1948 and
    subsequently it has been amended on several
    occasions to combat the on going problems on
    human smuggling. The Acts introduced in 1993 and
    1998 have enhanced the punishments up to five
    years rigorous imprisonment and fines up to
    Rs.200,000/. Suspects taken into the custody
    under the provisions of the IE Act. the
    Magistrate have no powers to grant bail. Bail
    could be granted by the Court of Appeal.
  • It is also recommended amendment to enhance the
    fine upto Rs. 1 million.

17
Problems encountered by the Sri Lankan
authorities.
  • Inability to patrol the long coastal line
    effectively due to the limited resources and the
    exclusive deployment of Sri Lankan Navy in the
    northern eastern waters.
  • Non-availability of a separate coast guard force
    like in developed countries.

18
Significant Detections…..
  • A detection that confirms the trans-national
    character of human smuggling is proved by this
    instance. On June 29, 2003 we intercepted MV
    INVINCIBLE. The vessel owned by a Greek
    National was on a voyage at sea off the South
    East Coast.
  • There were 254 Pakistanis on board. The Captain
    of the ship was a Russian, the Second Officer a
    Ukrainian and five crew members were Georgian
    Nationals. The detection was made on a tip off
    we received.
  • They were charged before Courts. The Pakistani
    nationals pleaded guilty. Crew of the vessel too
    convicted for the offencs under the I E
    Act.

19
MV Invincible
20
Significant Detections.
  • On 25/12/2003, Sri Lankan authorities intercepted
    a fishing trawler AKILA PUTHA in the deep sea
    and arrested 269 Sri Lankans who were on board to
    Italy. When legal action was instituted, all of
    them pleaded guilty and each of them was imposed
    with punishments of one-years rigorous
    imprisonment and a fine of Rs. 50,000/ each.
  • Facilitator Gabriel Nimal is facing criminal
    charges.

21
Akila Putha which was detected on 25/12/2003
22
Dinewa Fishing Trawler
  • A fishing trawler namely Dinewa was detected in
    East Timor by the coastal guards in June 2002.
    56 Sri Lankans were on board. They were deported
    to Sri Lanka. One Warnakulasooriya Devapriya
    Thisera who is the facilitator is facing
    criminal charges in court.

23
Dinewa carrying 56 Srilankans
24
Detection by Kalpitiya Police
  • Kalpitiya Police in the North Western Province
    had detected a boat on 18.11.2004, which was
    heading to New Zealand along with Sri Lankans on
    board. Local Police were able to arrest 18 Sri
    Lankans whilst others escaped. Facilitator
    namely Hector Fernando was taken into custody and
    he is facing criminal charges.

25
Boat which was headed to New Zealand
26
Significant Detections……..
  • In all, Sri Lankan authorities have arrested 758
    foreign Nationals in the year 2003, 86 in 2004,
    232 in 2005. Most of them were nationals of
    Pakistan, India, Bangladesh. These nationals
    arrived in Sri Lanka legally by air, in order to
    board the vessels to travel to Western
    countries.

27
Significant Detection…..
  • I may mention here that since the detection of
    18th Nov 2004 mentioned above no further
    incidents of this nature have occurred up to 06th
    September 2005 , until 59 Pakistani Nationals who
    had come to Sri Lanka to go to Italy were
    detected by the law enforcement authorities. This
    is as a result of the detections and greater
    vigilance on the part of the law enforcement
    officers. An international link with the
    syndicates in Pakistan was discovered. Sri
    Lankan facilitators are facing criminal charges.
    The owner of vessel namely Benrose is also
    one of the facilitators in this case.

28
Ben-Rose ready for departure
29
Sri Lanka as a hub point for human Trafficking
Canada
Italy
Korea
France
Japan
UK
USA
India
Malaysia
Australia
30

Illegal Exit Points
Puttalama Negombo Beruwala
Tangalla Kirinda
I
31
Problems encountered by the Sri Lankan
authorities…..
  • At present most of the Sri Lankans leave for
    countries like Singapore, Thailand, Hong Kong,
    Malaysia, Dubai on genuine travel documents and
    they are met by the facilitators (Sri Lankan as
    well as foreign) in these destinations and make
    arrangements to these travelers to proceed to
    western countries on forge documents

32
Problems encountered by the Sri Lankan
authorities…..
  • There were number of incidents where Sri Lankan
    had been deported to Sri Lanka.
  • It is a new trend that Chinese, Iranians,
    Pakistanis, Indians,Nigirians arrive in Sri Lanka
    in order to proceed to west. They use Sri Lanka a
    transit point. Sri Lankan syndicates who assist
    these passengers are yet to be identified.
  • On some occasions it was detected the air line
    officials in Sri Lanka had involved in assisting
    the passengers with forge documents to board
    aircrafts to west.

33
Modus operandi of human smuggling Trafficking.
  • Using Legal Ports
  • Obtaining of passports by tendering forged
    documents to Immigration Emigration Department.
  • Substitution of pages of the passports to conceal
    rejection endorsements made by the embassies and
    High Commissions in Sri Lanka.
  • Obtaining forged visas from facilitators having
    paid money.
  • Introduction of forged immigration stamps to
    indicate false arrivals and departures.
  • Swapping of Boarding Cards.

34
Modus Operandi of Human Smuggling Trafficking…..
  • Using Legal Ports……
  • Liaise with Airport Authorities.
  • As a transit passenger.
  • Travel with two passports.
  • Titre De Voyage (French temporary travel
    Documents.)
  • Soggiorno (Italian foreigners permit).
  • Leaving to Bangkok, Singapore, Malaysia and Hong
    Kong with genuine passports and obtaining
    counterfeit passports and attempting to leave
    to European countries.

35
Significant Detections at the Airport
  • On 19/09/2004 the Sri Lankan airline
    investigation officers detected 31 passengers who
    attempted to leave for the UK with forge
    passports. These passengers originally checked
    into proceed to Maldives with their genuine
    passports and their boarding passes. Whilst they
    were in the transit lounge a local facilitator
    had handed over forged passports affixed with
    genuine visas and boarding passes to UK. An
    involvement of the Air line official was
    discovered and he is facing criminal charges.

36
Detections of forged passports, visas, arrest of
facilitators foreign nationals from 2001 to 2005
  • 2001 2002 2003
    2004 2005
  • Detections of forged Passports…… 184
    202 94 217 279
  • Detections of Forged Visas 306 30 36
    66 62
  • Arrest of Facilitators 26 52 50
    70 48
  • Arrest of Foreign Nationals
  • at the BIA …. 63 38 61
    48 59
  • Arrest of Foreign Nationals
  • by AHSIB
    - - - 03
    64
  • No. of Deportees 1367 1946 1682 2656
    3533

37
Foreigners arrested at the Air Port
38
Analysis.
  • It has been observed that the two major areas of
    illegal trafficking have been travel by air,
    using fraudulent documents, by Sea, in
    un-seaworthy Vessels, as organized by the
    syndicate groups.
  • Although, the statistics indicate an upward trend
    on travel by air, a drastic decrease has been
    observed on travel by sea. This is mainly due to
    the significant and effective counter measures
    adopted by the law enforcement agencies and the
    stringent punishments meted out by the judiciary
    against offenders

39
Conclusion……
  • The facts and figures just placed before you
    would convince you our efforts to tackle this
    problem. Your corporation in this regards is
    much appreciated.

40

Thank you
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