International Criminal Court launches campaign to increase representation of Latin America and Caribbean Counsels 

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International Criminal Court launches campaign to increase representation of Latin America and Caribbean Counsels 

On 21 November 2022, the International Criminal Court (ICC) launched the campaign “Join the ICC List of Counsel!” to increase the number of lawyers from Latin America and the Caribbean practicing before the ICC. Through a number of activities with national bar associations in several  countries, the campaign will encourage candidates from the region to apply to the List of Counsels. It will also represent an opportunity for the  legal communities to learn more about the ICC and its work.

Victims, accused persons and under certain conditions, suspects have the right to be assisted by Counsel in the proceedings before the ICC. The Court is committed to providing these individuals with a pool of highly qualified Counsel, ensuring in such a way an adequate legal representation.  Therefore, experienced lawyers who wish to represent defendants, victims or witnesses before the Court must first be admitted to the List of counsel. Those who are at an early stage of their career, as well as professors of law with relevant expertise, can apply for admission to the List of Assistants to Counsel.

While the majority of the countries from the Group of Latin America and the Caribbean (GRULAC) are State Parties of the Court, this region is amongst the least represented regions on the List of Counsel and List of Assistants to Counsel. With only 20 lawyers in the List of Counsel, the region only represents 2,14% of the List. In addition, there is almost no female presence among GRULAC lawyers on the List of Counsel. 

“It is crucial to the ICC to promote diversity and ensure an inclusive environment, including amongst the lawyers who practice before the Court,” said ICC Registrar Peter Lewis. “This campaign is pivotal to the continued dialogue with the legal communities of the region and to enhancing knowledge about the ICC. Lawyers play a crucial role as leaders in the international criminal law field,” he added.

Information sessions, that are the central element of the campaign, are expected to be organised in Costa Rica, México, Peru, Trinidad and Tobago and Argentina, with possibility of extension in more countries later next year.  The candidacy of counsels from the region and in particular women will be prioritized during this period.

In addition to opening new professional perspectives to counsels, to be part of the ICC Lists offers training opportunities and building legal skills  as well as the opportunity to developing professional links around the world.

“ICC Counsels play a crucial role at the ICC. On a personal level, practicing as a Counsel before the Court is very rewarding. Besides being a motivating professional experience, it is an opportunity to build a career in international criminal law, develop professional networks and strengthen skills and knowledge,” said Jennifer Naouri, President of the International Criminal Court Bar Association (ICCBA). “The ICCBA, as the association representing Counsel and support staff before the ICC, supports and advocates for the highest geographical, cultural and gender diversity for those appearing before the Court. Only the promotion of this diversity, particularly in the courtroom, can contribute to the achievement of a truly universal international justice,” she added.

This initiative has the financial support of the European Commission and is undertaken in the collaboration with the International Bar Association (IBA) and the International Criminal Court Bar Association (ICCBA).

More information on the campaign

Join the ICC List of Counsel! Campaign booklet: English; Spanish

More on Legal Professionals and the ICC 

Kazakhstan to define its future

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Kazakhstan to define its future

By H.E. Mr. Askar Zhumagaliyev, Ambassador of the Republic of Kazakhstan to the Kingdom of the Netherlands.

Last Sunday 8.3 million of people of Kazakhstan have chosen their future. Through one day one nation has made one big decision by electing the one person who will be representing their voices.

This year has been the most tumultuous in recent history of the country. Yet despite these challenges, our nation began writing a new chapter of our political development tumultuous.

After the turbulence President of Kazakhstan, Kassym-Jomart Tokayev, proposed constitutional reforms to transform country’s entire state model and form of government: by limiting the powers of the President, strengthening the role of parliament, enhancing citizens’ engagement in political processes, and further strengthening the protection of human rights.

The implementation of concrete reforms has ensured that Kazakhstan is on firm footing. Country’s economic initiatives are focussed on diversification, de-monopolisation, and ensuring a fair distribution of the national income.

Significantly, as per President Tokayev’s proposal, the presidential term has been reduced from two five-year terms to a single seven-year period without the possibility of re-election.

This initiative eliminates the risks of power monopolisation and strengthen the basic principles of democracy.

President of Kazakhstan Kassym-Jomart Tokayev.

Six candidates have run with varying political views, including representatives of the opposition, giving the electorate extensive choice. In addition, for the first time in our history of Presidential lections, two female candidates were running for president. This is another important step in Kazakhstan’s ongoing democratic development. Over many years, Kazakhstan has been taking solid steps to ensure gender equality and to promote women’s role in business and politics. We are now witnessing the fruits of these efforts.

Six candidates have presented their campaign and visualization of country’s future. Only one candidate has won this race.

Kassym-Jomart Tokayev has won the presidential election in Kazakhstan after receiving 81,31% of the vote. This was announced by the Central Election Commission (CEC) after the votes were counted. According to the preliminary results, other candidates received votes as follows: Zhiguli Dairabayev – 3,42 %, Karakat Abden – 2,60 %, Meiram Kazhyken – 2,53 %, Nurlan Auesbayev – 2,22 %, Saltanat Tursynbekova – 2,12 %, against all – 5,8 %.

According to the CEC, 8 300 046 citizens cast their vote, a turnout of 69.44%. Voting took place at 10,101 polling stations across the country, including 68 polling stations at 53 diplomatic missions of Kazakhstan around the world.

The election was monitored by 641 observers from international organisations and foreign states. Commenting on the election process, foreign observers noted the high organisational level of the election. No violations in the conduct of the election were reported by the observers. The election was also covered by 254 foreign journalists who received accreditation.

Kassym-Jomart Tokayev, Presidential elections Nov 2022.

Speaking after the voting had ended, Kassym-Jomart Tokayev said that if elected, “the government will remain in office, but point-by-point changes in the composition of the government and other agencies will of course take place.” He also noted that he would announce the date of parliamentary elections at the end of the year.

In line with recent constitutional changes, President Tokayev will serve a 7-year term without the right to re-election. Answering a question yesterday from a journalist on whether seven years would be enough to fulfil all the promises to the people, Tokayev said: “I believe that seven years will be enough, because this is a long time in the life of any person. The most important thing is that there will be no monopoly on power in our country.”

This was the seventh presidential election in Kazakhstan since the country’s independence in 1991.

ICC hosts the Second Asia-Pacific Regional Seminar of Judges on the Rome Statute and the International Criminal Court

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ICC hosts the Second Asia-Pacific Regional Seminar of Judges on the Rome Statute and the International Criminal Court

On 24 November 2022, the International Criminal Court (“ICC”) held the second Asia-Pacific Regional Seminar of Judges on the Rome Statute and the International Criminal Court with Judges and judicial officials from five States Parties to the Rome Statute as well as two States that are not party to the Statute. The seminar, which was held online was co-hosted with the Supreme Court of the Republic of Korea and organised with the financial support of the European Commission.

The Second Asia-Pacific Regional Seminar of Judges aimed to continue the dialogue among the States and the ICC to increase cooperation in the international criminal justice system by enhancing understanding about the ICC cooperation regime, promoting efforts towards universal ratification of the Rome Statute of the ICC, and reinforcing high-level and technical contacts and partnerships.

The seminar was opened by Judge Myeongsu Kim, Chief Justice of the Korean Supreme Court, and by Judge Piotr Hofmański, President of the ICC, and consisted of two sessions, each dedicated to a topic of relevance.

In his opening remarks, President Hofmański reflected on the role that judges and other judicial actors have as bearers of the rule of law in their national systems. “While joining treaties is mainly a matter for governments and parliaments, we believe that networking and awareness raising among the judges is also crucial.  As respected members of your country’s legal community, you can take part in fostering dialogues about the International Criminal Court in your national setting,” he said.

Speakers included ICC Judge Chang-ho Chung, ICC Judge Tomoko Akane as well as Presiding Judge Kang Jin Baik of the Kwangju High Court of the Republic of Korea. With the valuable contribution of the speakers, the participants had the opportunity to acquire a greater understanding of the Rome Statute system and the Court in general. In particular, during the break-out session, the participants were able to create a network among the national judges to exchange views and experiences on Rome Statute related matters in closed setting.

In his remarks, Judge Chang-ho Chung stated “As an Asia-Pacific judge, it is important to bear in mind that the basis of criminal procedure is quite the same between the International Criminal Court and the national court. There is no problem in moving from one to the other. The only particular aspect that needs to be taken into account is the nature of the crimes prosecuted before the International Criminal Court.”

The Asia-Pacific Regional Seminar of Judges forms part of the broader efforts of the Court, the Assembly of States Parties and civil society to promote universal ratification of the Rome Statute. With the partnership of the Republic of Korea as one of the co-focal points for universality in the Assembly, and the support from the European Commission, the Court intends to continue facilitating dialogue among senior judges in this context in 2023.

A New Hub for Greek Books in The Hague  

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A New Hub for Greek Books in The Hague  

By Audrey Nguyen

One year after an interview with Diplomat Magazine, Stanza Bookshop opens a new Greek section in collaboration with the Embassy of Greece in the Netherlands. The inauguration ceremony took place on-site on November 10th, 2022. 

The event hosted local members of the Greek community, Stanza’s staff members, and the Embassy. In our conversations with guests, we learned about how this project came to be. 

In recent years, Stanza has received personal requests for Greek books. Although a Greek collection was not previously available, the store would still provide for individual orders. The need for Greek books was also present in the Embassy, but H.E. Ambassador Caterina Ghini said, “We could not find them anywhere!” Thus, when they stumbled upon this international bookstore at the heart of The Hague, an idea immediately came to mind. 

The Embassy reached out to Stanza’s owner, Karina Romay, intending to establish a new provider of Greek books. Considering the requests she had gotten from her customers, Karina was thrilled by the concept. Since August 2022, the Embassy worked closely with Stanza to connect the store with Greek publishers. It was a new experience for everyone.

Karina does not speak Greek and was initially not very familiar with Greek literature, while the Embassy had never worked with books. With their combined efforts, their plan materialized and a new Greek section was added to Stanza.

New Greek children books at Stanza book store.

The store currently houses almost 300 Greek titles of a wide variety for all ages. Aside from literature of different genres, the books cover cooking, travel, and political science, among other topics. There are children’s books, in addition to early reader and language books. The latter two are not only suitable for young kids but also learners of the Greek language. Many available titles are also translated from Greek into numerous languages, including English, French, and German. Indeed, this diversity suggests a section catered to readers of all interests and backgrounds, including non-Greek-speaking customers. 

This attribute was echoed in our talks with Ambassador Ghini and Attache Eleni Godevenou. The project is catered toward Greek people in the Netherlands who had difficulty finding books in their mother tongue. There are approximately 40,000 Greek people residing in the Netherlands, including those working at international organizations and students. The Embassy wishes to bring a sense of home to this Greek community living abroad. However, they hope the project can serve non-Greek people as well.

Considering the number of travelers in Greece and people’s general fascination for Greek culture, especially its history and cuisine, the new section definitely achieves this purpose. Ambassador Ghini believes that the love for reading truly “brings everyone together.” 

Since the new addition, Karina has seen a clear uptick in Greek book sales. The news had clearly spread among the local community even before this official inauguration. 

In other regards, Stanza Bookshop has also expanded. A second location has opened across the street from the first branch that hosts the Greek section. The store is still receiving some final touch-ups, but it has already come into shape and is open for business. The team is exhilarated by the extra space, especially because it helps with hosting events, such as readings for children. Stanza’s collection has broadened as well, as we see a more extensive stock of Eastern European books. They cover languages like Albanian, Hungarian, and more recently, Ukrainian.  

Stanza Greek book section opening event.

It is without a doubt that Stanza Bookshop continues to keep the joy of reading alive for people from all different backgrounds. This has not changed since we last met with Karina. Greek is another language that Stanza has opened its doors to, but is unlikely to be the last. 

About the author:

Audrey Nguyen

Thuc Anh “Audrey” Nguyen – Vietnamese student studying BSc International Relations and Organizations at Leiden University. 

Her mother’s career in foreign affairs allowed her to experience diplomatic life growing up. The unique international setting of her childhood sparked her interest in global affairs. After moving to The Hague a few years ago for her mother’s assignment, she has stayed behind to begin her own path in International Relations. 

Turkmen delegation at the EU-Central Asia Connectivity Conference

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Turkmen delegation at the EU-Central Asia Connectivity Conference

Friday, 18 November 2022, Samarkand, Republic of Uzbekistan: On the sidelines of the EU-Central Asia Connectivity Conference, the head of the Turkmen delegation Vepa Hajyiev encountered the Vice President of the European Commission, High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell.

During the meeting, the importance of bilateral and regional cooperation and the implementation of the transformative power of the green and digital agenda to increase the benefits for our regions were discussed.

The conference had the topic ‘Global Gateway for Sustainable Development’. It was attended by government delegations of the states of Central Asia and the leadership of European political and financial institutions.

The purpose of the conference was to develop intra- and inter-regional dialogue to achieve sustainable connectivity in accordance with the European Global Gateway strategy, which was launched on 1 December 2021, as well as to present Team Europe cooperation initiatives in Central Asia.

During the conference, issues related to sustainable connectivity, creating opportunities for expanding and deepening interregional ties in the areas of digitalization, strengthening transport routes, water-energy and environmental protection were discussed.

The delegations also discussed topical issues of cooperation in the areas of diversification of transport routes, digitalization, as well as green energy development.

In his speech, Deputy Minister of Foreign Affairs, Vepa Hajyiev noted that digitalization is one of the priority areas of development policy in Turkmenistan.

It was emphasized that the Turkmen side considers it promising to implement projects on the use of digitalization to facilitate and increase regional trade and transit, rational use of water resources, as well as projects to increase human potential in the field of digitalization, including in the field of cybersecurity.

For further information 

Turkmen Foreign Ministry: https://www.mfa.gov.tm/en/news/3453

Mission of Turkmenistan to the EU, Belgium, and Luxembourg (HE Ambassador Sapar Palvanov): https://belgium.tmembassy.gov.tm/en

AI and the Green Agenda – A European Perspective 

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AI and the Green Agenda – A European Perspective 

Vice President of the European Parliament Eva Kaili, Chair of the Panel for the Future of Science and Technology (STOA) hosted the ‘European Tech Futures Summit’ at the European Parliament (14-17 November 2022). The eclectic week included numerous events calling attention to the state of the European Union’s technological innovation, and debated the way forward in transforming the Union into a leader in the fields of green technologies and regulation, taking into account the EU’s climate and sustainability goals as well as the citizens’ fundamental rights. 

MEP Eva Kaili opened the week on 14th November 2022 with a trans-Atlantic and pan-European digital function that brought together Deutsche Bank’s Jennifer Courant, Head of Sustainability at the division for Technology, Data and Innovation as well as Centre for Digital Governance’s Prof. Joanna Bryson and the Centre for Sustainability’s Prof. Lynn Kaack at Hertie School in Berlin. 

The three topics discussed were the following: 

Why do we talk about sustainability and CSR during a European Tech Future Summit? 

Embedding sustainability in a firm’s strategy and throughout all its operations is not just a business imperative, it is an increasingly challenging requirement. Sustainability objectives are shaping business models, and technology and data will continue to be the enablers. It is one thing to set overall sustainability goals and commitments, it is far more nuanced to recognize all the elements and the important adjacencies – beyond carbon and environmental topics and driving towards a step change in diversity, equity, inclusion and governance. This is the ultimate transformation of business models for organizations, and importantly, their people. To show that caring for these goals can change the way we work, the impact we have and the ability for capital markets to not just keep the economy strong, but resilient and with a mindset of sustainability in the most positive, life impacting way. To lay out goals, build thoughtful execution roadmaps and do this through informed, data-led decisions – we need to make the most of data. Data, technology and artificial intelligence allow us to connect business strategy, day-to-day operations and sustainability goals into business transformation and decision making. 

Which is the tech, and tech policy innovations being developed within the EU to boost our green/sustainability/CSR agenda through AI, and other new technologies?  

The EU is developing a plethora of initiatives in order to provide frameworks for businesses to live up to the green transition goals whilst remaining competitive vis-à-vis other large markets. The EU merely in June 2021 set up the US-EU Trade and Technology Council (TTC) as the USA remains our major partner for technological exchanges.  

Artificial Intelligence and Blockchain are high on the EU’s agenda, the latter owing to the European Parliament recent approval of the Markets in Crypto Assets (MiCA) regulation, wherein the technology’s energy efficiency was put under the microscope by parliamentarians. The EU approach to AI regulation is forthcoming, yet it is reasonable to expect that sustainably compliant products shall be promoted. As a matter of fact, the European Union is already preparing a new proposal for a Corporate Sustainable Due Diligence Directive encouraging large businesses to anchor human rights and environmental considerations in their operations; trying not to overburden the SMEs but helping them to change their models. AI and other new technologies will likely fall hereunder. 

The World Economic Forum estimates that 70% of the new value created in the global economy over the next decade will be digitally enabled; AI, Big Data, Cloud, and blockchain will be major players, and the European Union is sparing no effort in setting green and sustainable standards from the outset through our regulation. 

How can we use AI to bring ourselves forward in our sustainable, environmental and social goals as a Union?   

Without question, the sustainability agenda is humanity’s most essential, because without our own persistence none of our other long-term goals can be achieved. The term Artificial Intelligence (AI) is often confused to mean “humanlike”, which historically, was even tied up with “divine” and other supernatural links. But framed as the subset of intelligent agencies for which humans are responsible for the construction and design, we can see why AI is not only something that can be regulated, but also that it can be used as part of the global approach to sustainability.  

The need to act on climate change has become more important than ever, and it is only one of many urgent sustainability goals. As the field of artificial intelligence, in particular machine learning, is developing rapidly we need to choose a path where AI tools are primarily deployed in ways that align with our sustainability objectives. AI can for example aid in designing new built infrastructure, optimizing energy systems to become greener, and provide better access to social services.  

Such changes will require not only technological but also cultural and political innovation. Governance is essential for implementing strategies that benefit all. We need to not just accommodate but fully embrace goals that are sustainable, and exclude the unsustainable. This includes embracing fairness, since unfair policies will never be stable. New technologies need to be accessible and beneficial for all, and this requires a conscious effort by society, industry, and politics. Now is a critical time to ensure that AI will help us as a Union to move towards a more sustainable future. 

For further information  

Vice President Eva Kaili – European Parliament: https://www.europarl.europa.eu/meps/en/125109/EVA_KAILI/home, https://www.evakaili.gr 

Deutsche Bank Innovation Network: https://www.db.com/what-we-do/responsibility/sustainability/, https://www.db.com/what-next/digital-disruption/better-than-humans/ 

Hertie School Centre for Digital Governance: https://www.hertie-school.org/en/centre-for-digital-governance  

Hertie School Centre for Sustainability: https://www.hertie-school.org/en/sustainability  

Alex Whiting succeeds Jack Smith as Acting Specialist Prosecutor

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Alex Whiting succeeds Jack Smith as Acting Specialist Prosecutor

Alex Whiting has succeeded Jack Smith to become the Acting Specialist Prosecutor of the Specialist Prosecutor’s Office (SPO).

Mr Whiting’s term as Acting Specialist Prosecutor will last until a new Specialist Prosecutor is appointed. He has exactly the same authorities as a Specialist Prosecutor and there will be no interruption in the work of the SPO in any respect.

Mr Whiting, 58, is a prosecutor of French and US nationality with extensive experience of both domestic and international prosecutions. He has worked for the SPO since June 2019, originally as Head of Investigations and since August 2020 as Deputy Specialist Prosecutor.

Mr Whiting came to the SPO from Harvard Law School, where he had been a professor of practice since 2013.

Between 2010 and 2013, Mr Whiting was in the Office of the Prosecutor at the ICC where he served first as Investigations Coordinator, overseeing all investigations, and then as Prosecutions Coordinator, overseeing all prosecutions.

Before joining the ICC, Mr Whiting taught for three years as an assistant clinical professor of law at Harvard Law School.

Between 2002 and 2007, Mr Whiting worked for the International Criminal Tribunal for the former Yugoslavia (ICTY), where he was lead prosecutor in the trial of Fatmir Limaj, Isak Musliu, and Haradin Bala, and lead prosecutor in the trials of Milan Martić and Dragomir Milošević.

Before joining the ICTY, Mr Whiting was a US federal prosecutor, first with the Criminal Section of the Civil Rights Division in Washington, DC, and then with the US Attorney’s Office in Boston, Massachusetts, where he focused on organised crime and corruption cases.

Mr Whiting is a graduate of Yale College and Yale Law School.

Mr Smith is leaving the SPO to take up a post as Special Counsel in the United States to oversee two ongoing criminal investigations, to which he was appointed by US Attorney General Merrick B. Garland.

Mr Smith was appointed Specialist Prosecutor in May 2018 and took office in September 2018.

Eurojust assists in returning historic painting by Artemisia Gentileschi to Italy

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Eurojust assists in returning historic painting by Artemisia Gentileschi to Italy

A historic 17th century painting by the Italian baroque painter Artemisia Gentileschi has been returned to Italy, with the active support of Eurojust. Two suspects are being investigated for fraud and attempts to illegally sell the painting of the legend of Roman Charity in Austria. They obtained an export license for the painting while disguising its origins and value.

Eurojust provided rapid assistance through its Italian and Austrian National Desks by supporting the execution of a European Investigation Order and a freezing certificate at the request of the judicial authorities in Bari. The value of the painting is estimated at over EUR 2 million.

Commenting on the return of the painting, Mr Filippo Spiezia, National Member for Italy at Eurojust, said: ‘I’m delighted that the rapid and good cooperation with our Austrian colleagues at the Agency has led to the return to Italy of this important piece of cultural heritage. It confirms the commitment of the Italian Desk at Eurojust to the recovery of major assets of historical, cultural and artistic value. This commitment is also reflected in a new operational protocol we have agreed upon with the Italian Ministry of Culture and the Cultural Heritage Unit of the Carabinieri.’

The painting was commissioned to the Italian female painter Artemisia Gentileschi in the first half of the 17th century by Count Giangirolamo II of Acquaviva. The painting depicts the Roman Charity and the legend of Cimone and Pero, as narrated by Valerio Massimo, and belonged to the legacy of the late Count.

By disguising the fact that the painting was by Gentileschi and underestimating its true value, in 2019 the suspects got an export license from the Italian Ministry of Culture, using a Tuscan brokerage company. The painting was then transferred to Austria, where it was due to be auctioned for a much higher price than the indicated value. A similar modus operandi had previously been used by other suspects with another Gentileschi painting.

Investigations into the case were started in 2020 by the Cultural Heritage Unit of the Italian Carabinieri, which managed to trace the painting to an auction house in Vienna. The Public Prosecutor’s Office of Bari subsequently had the export license cancelled by the Ministry of Culture. Eurojust provided the essential support to enable the judicial cooperation so the painting could be seized at the auction house by the Austrian Police, with the assistance of the Italian embassy in Austria.

Eurojust support to joint investigation team MH17: three suspects sentenced to life imprisonment

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Eurojust support to joint investigation team MH17: three suspects sentenced to life imprisonment

The Dutch Court of The Hague sentenced three suspects today to life imprisonment for their involvement in the downing of flight MH17 on 17 July 2014, which led to the tragic loss of 298 lives. Eurojust supported the investigations, by rapidly assisting with the setup of a joint investigation team (JIT) between the Netherlands, Belgium, Ukraine, Australia and Malaysia.

The three suspects were trialled in absentia by the District Court of The Hague, which in this case took place close to Schiphol Airport. They were also sentenced to the payment of EUR 16 million in damages. Of the three convicted, two are of Russian and one of Ukrainian nationality. A fourth suspect, who was represented by lawyers, was acquitted.

The day after the tragedy, Eurojust received an urgent request for assistance from the Dutch authorities to coordinate investigations in the various Member States and third countries concerned. On 4 August 2014, the JIT was set up, with legal, financial and logistic support of the Agency.

The Malaysian Airlines flight from Amsterdam to Kuala Lumpur was downed above Ukraine, with most of the victims being of Dutch, Malaysian and Australian origin. Victim were nationals from 16 different countries, the so-called ‘grieving nations’.

Eurojust organised a series of coordination meetings at the start of the JIT. In June 2019, Eurojust organised a meeting with representatives from all grieving nations in which they expressed their trust in the Dutch system and underlined the importance of the rights of the next of kin.

Prosecutors discuss rising threat to citizens of increased use of cheap fake car parts   

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Prosecutors discuss rising threat to citizens of increased use of cheap fake car parts   

The increasing use of fake car parts poses a growing security risk for road users, leading to deadly accidents and serious bodily harm. Furthermore, the use of fake parts is a serious infringement of the copyrights of original producers. To tackle this rising problem, prosecutors and law enforcement officials gathered at Eurojust today to discuss how to prosecute this crime more effectively. One method is cumulative charging, adding charges such as manslaughter, causing bodily harm and fraud to copyright infringements to raise the level of sentencing.

The fitting of fake car parts usually happens when original pieces are replaced during repairs. Due to the infiltration of fake parts into the legal supply chain, owners of workshops are often not even aware of the fact that the replacement parts they have purchased are counterfeit products. This can lead to the retrofitting of faulty essential devices, such as brake pads, and lead to casualties on the road. Apart from the physical consequences, manufacturers and suppliers of original parts are wrongly accused and lose credibility and/or considerable revenue.

The production of counterfeit parts is a rising criminal phenomenon with high profit margins. A study of the European Union Intellectual Property Office (EUIPO) shows that while of all seized dangerous goods 7% are fake car parts, they are by far the most valuable confiscated products. During the COVID-19 pandemic, the sale of counterfeit products shifted to online e-commerce platforms such as eBay, Wish, AliExpress, Alibaba and social networks such as Instagram and Facebook.

Among perpetrators, the production of fake parts is often seen as a ‘victimless’ and so-called high-profit/low-risk crime. Penalties across the European Union remain relatively low, especially if there are no charges for manslaughter or similar offenses added to the indictments. Criminal organisations manage to produce fake parts at a low price and in high volumes, avoiding safety controls. Investigations into such cases are cumbersome and prosecuting them often proves to be difficult.

Eurojust’s Intellectual Property Crime Project organised a practical workshop in close cooperation with EUIPO to exchange best practices between prosecutors and experts from private companies and ensure a coherent approach in EU Member States and third countries.

The discussion focused on the possibility of using cumulative charges for intellectual property crimes with other serious criminal offences, in addition to copyright infringement. For example:

  • manslaughter, in case of a deadly accident;
  • assault/battery, in cases where bodily harm was caused but the life of a human was not endangered; and
  • fraud, if the fake part was installed without the knowledge of the car owner at the price of the original product by the service technicians.

This approach allows prosecutors to tackle multiple criminal offences, ensuring perpetrators are sentenced for the entirety of their criminal activity, rather than just the most prevailing crime. This would result in higher penalties, while it would also allow the use of special investigative methods and tactics reserved for crimes that are considered more serious by legislators.  Another way to make this crime type less lucrative is to be stricter in the seizure and confiscation of the assets of criminals who manufacture and sell counterfeit products.

During the workshop, participants agreed to conduct further analysis of the criminal activities concerning fake parts. They also mapped the investigative process, looking closely at all stages of a case and the cooperation with car and parts manufacturers, outlining all elements necessary to file successful indictments. This includes procedures to increase the cooperation between public authorities and the industry.

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