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South Eastern Europe
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Organized Crime Task Force
Conference of the Ministers of Interior or Public Order and State - Representatives from the SEE Region - Sarajevo, 18-19 June 2003

Organized Crime

Sarajevo Declaration of the Ministers of Interior or Public Order and State Representatives from South Eastern Europe concerning the fight against organized crime, regarding in particular Data Protection and Processing, as well as Witness Protection

Ministerial Conference of the Ministers of Interior or Public Order and State Representatives from the SEE Region on the Practical Follow Up on Defeating Organized Crime
SOUTH EAST EUROPEAN COOPERATION PROCESS - SEECP
STABILITY PACT FOR SOUTH EASTERN EUROPE / INITIATIVE TO FIGHT ORGANIZED CRIME- SPOC
18-19 June 2003, Sarajevo

Recalling the London Statement on defeating organized crime in South Eastern Europe from 25th of November 2002 and other relevant legal framework for defeating organized crime.

Determined to fight organized crime through enhanced regional cooperation,

Addressing the legal harmonization on processing and protection of data and witness protection in SEE, so as to provide immediate benefits to the local law enforcement agencies and the judiciary,

Recognizing the principles of the Guidelines concerning computerized personal data files adopted by the General Assembly of the United Nations on 14 December 1990, the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, the Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector, the Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data (ETS No.108) adopted on 28 January 1981, the Additional Protocol to Convention TS No. 108 on Supervisory Authorities and Transborder Data Flows, and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, adopted on 23 September 1980,

Recognizing the principles of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Optional Protocols to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography, the United Nations Convention Against Transnational Organized Crime, Protocol Against the Smuggling of Migrants by Land, Air and Sea, Supplementing the United Nations Convention Against Transnational Organized Crime, the 1956 U.N. Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery, the 2001 (proposed) European Union Draft Convention on Cyber Crime Detailing Offenses Related to Child Pornography, and the Council of Europe's Recommendation No. R91, Concerning Sexual Exploitation, Pornography and Prostitution of and Trafficking in Children and Young Adults,

Supporting the improvement of regional cooperation, promoting judicial networking and mutual legal assistance,

Determined to pave the way for future data processing between the regional and European institutions such as EUROPOL,

Understanding that this Declaration does not prejudice or affect the application of any bilateral or multilateral agreements currently in force or subsequently concluded,

Supporting upcoming projects in the frame of the Stability Pact Initiative to fight organized crime (SPOC).

The under–signed Government Ministers of Interior or Public Order and State Representatives from South Eastern Europe, have agreed on the following:

  1. To be a party to the relevant legislation on data protection as a condition for the exchange of information with the aim to create trust among international, European and regional law enforcement agencies.
  2. To develop mechanisms in line with EU standards to ensure cooperation between national Ministries, judicial bodies, various crime-fighting agencies including police, customs, border police, prosecutor’s offices, etc.
  3. To share expertise and best practices on the implementation of protection and processing on Personal Data with those countries who already have legislation corresponding to EU Standards.
  4. To promote tools designed to guarantee the personal right to privacy with regard to the processing of personal data; as well as to improve the legislation and enforcement applying to the collection, storage, use and disclosure of personal data for law enforcement purposes.
  5. To create appropriate institutional infrastructure for the implementation and enforcement of the legislation and ensure that is adequately resourced.
  6. To be a party to the relevant legislation on Witness Protection as one of the crucial tools for the successful investigation and prosecution of organized crime offences.
  7. To respect the integrity and freedom of witnesses who have or are willing to offer crucial information to law enforcement and judicial bodies regarding the perpetration of an organized crime offence.
  8. To draft and adopt witness protection law and secondary legislation in line with EU standards.
  9. To share expertise and best practices on the implementation of witness protection for the SEE countries who already have legislation corresponding to EU Standards.
  10. To create the appropriate institutional infrastructure for the enforcement of the legislation and ensure that it is adequately resourced.
  11. To be conductive to interregional cooperation, particularly police forces.
  12. To grant a reflection period to the victim to decide to act as a witness.
  13. To recognize that victim/witnesses have a unique characteristic and are subject to unusual risk which require special protective measures.
  14. To generate best assistance practices for victims/witnesses before, during but also after court proceedings, and after return to the country of origin or third country.


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