Organized crime is on the rise. In France, the drug trade is projected to generate approximately 3 billion euros annually. However, this growth is also associated with an increase in crimes connected to illegal drug trade.

Fabrice Rizzoli, the president of Crim’HALT, presents potential solutions to combat criminal organizations in an opinion piece for Causeur. He highlights the limitations of a purely repressive approach and suggests a shift towards « prioritizing justice and involving citizens in the fight against the illegal drug trade » (Fabrice Rizzoli, opinion piece for Causeur, published on June 5th, 2023).

Crim’HALT is also engaged in investigative work and maintains a registry of innocent victims affected by organized crime. For more information, please refer to our article : March 21, 2023 : a day of remembrance for innocent victims of organized crime…the list goes on!

Confiscation in the fight against drugs

Should we prioritize citizens in our efforts to fight illegal drug trade, similar to the Italian example?

Fabrice Rizzoli – June 5th 2023

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The rise of organized crime persists despite the mobilization of thousands of police officers and magistrates. Drug trafficking alone is projected to yield around 3 billion euros annually in France. This substantial profit justifies the violent struggle to assert control over it. Causeur prominently features this issue on the cover of its June magazine.

The increase in organized crime is particularly evident in drug trafficking, which is estimated to generate about 3 billion euros in France each year. This substantial sum accounts for the fierce battles to gain dominance over such significant financial stakes. The escalating criminal activity linked to drug trafficking is fundamentally tied to the widening social inequalities. Consequently, most homicides occur in the most economically deprived areas, such as Corsica, Seine-Saint-Denis, and disadvantaged neighborhoods surrounding affluent cities like Nantes. The city of Marseille exemplifies this trend: constituting merely 1% of the French population, yet accounting for 20% of all reported vendettas.

Despite the tireless efforts of thousands of dedicated police officers and magistrates who confront drug trafficking daily, often putting their lives, health, and families on the line, the situation seems intractable. This might be because the solution doesn’t solely lie in repression, although it remains a necessary component. To incite a substantial shift in this landscape, justice and the public must take central roles in the battle against drug trafficking.

In 2010, the United Nations declared in a plenary session that a century of drug prohibition had proven unsuccessful. In terms of public health, when drug use isn’t treated as a criminal act, users are more likely to opt for care and treatment. Portugal, for instance, witnessed a 50% reduction in heroin addiction rates following decriminalization in 2000. From a standpoint of personal liberties, even when considering drugs as inherently harmful, it’s important to note that suicide is no longer criminalized. Lastly, for those who view drug consumers as responsible for the trafficking, it’s worth highlighting that the government should regulate drug consumption similarly to how it manages other products classified as ‘legal drugs’ (like cigarettes, alcohol, and pharmaceutical psychotropics such as morphine). »

Controled distribution tested in many countries

Throughout history, dating back to the realms of archaeology and sociology, humans have engaged with substances that alter their state of consciousness. Rather than denying this reality, we should seek to regulate it. By empowering citizens as responsible consumers, we enable them to access substances outside of criminal networks. Controlled drug delivery systems have gained global traction, with countries like the Netherlands, Switzerland, Canada, Uruguay, and numerous US states like California and Colorado adopting such systems. Beyond the fiscal benefits that arise from such regulations, we must develop a public framework that aligns with our nation’s values. This way, we can sever the harmful link between consumers and criminal organizations. (Crim’HALT signs an opinion piece for cannabis legalization.)

Our investigators could redirect their efforts toward tackling other significant forms of trafficking and shadow economies. Elaborate police investigations are indispensable for dismantling illicit networks. However, the means of justice alone are insufficient. Currently, we allocate 72.53 euros per year, per inhabitant, to fund our trial courts, which falls below the EU average of 78 euros and pales in comparison to Germany’s 141 euros. In 2020, France had 11.2 judges per 100,000 inhabitants, whereas the European average was 22. Additionally, France had 3.2 prosecutors compared to Italy’s 5.3.

Italian example

The Crim’HALT association, which I preside over, suggests that the confiscation of criminal proceeds should serve as both punishment and sentence. Since the Stockholm program in 2010, which aimed for ‘an open and secure Europe serving and protecting citizens,’ EU member states have begun to seize assets obtained through illicit means. Italy has been doing so since the 1960s and intensified efforts against the mafia since 1982. In 2011, France established the Agence de Gestion des Avoirs Saisis et Recouvrés (AGRASC), enabling the implementation of an expanding confiscation policy.

Over the span of 10 years, AGRASC has disbursed 800 million euros from the proceeds of confiscated assets as a result of legal action. While this achievement is remarkable, there’s room for improvement. We ought to make the confiscation of assets linked to the illegal drug trade obligatory, like the approach taken for slumlords since 2019, and intensify the pursuit of criminals’ assets using newly available tools.

Insufficient legal improvement

European regulations have bolstered asset confiscation across Europe (Directive 2014/42/EU and Regulation 1805/2018/EU). Various enhancements include « extended » configurations, « money laundering, » « equivalent » measures, and « unjustified resources. » These improvements span both legal and judicial aspects. However, the pursuit of penal confiscations remains challenging. Consequently, only 32.1% of temporarily seized criminal assets undergo permanent confiscation. Conversely, in Italy, permanent confiscations make up 63.6% of temporarily seized assets. One of the keys to this success is the mandatory confiscation that comes with penal sentences. Even if individuals are innocent, those who possess ill-gotten gains must justify the legal origin of their assets to administrative courts. As a result, on the other side of the Alps, 500 million euros in cash and billions in assets are permanently confiscated annually. Italy sets an example. Let’s follow it.

Since 1996, Italy has allocated 18,000 real properties to institutions for the purpose of developing public interest organizations. Over a thousand confiscated properties are utilized by associations and cooperatives. This law for the social use of confiscated assets (USBC, an acronym « invented » by Crim’HALT) places citizens at the core of the fight against the mafia. Civil society is reclaiming its territory, areas that were once under the control of organized crime. The government is also reclaiming its authority. This marks the commencement of a shift in mindset. Assets liberated from the mafia create a positive ecosystem, a virtuous cycle. The USBC law contributes to economic development. The population experiences a revival. Assessment of the Italian law allowing the social use of confiscated assets.

Another possibility

Under the impetus of associations and members of parliament, France also introduced a law on the social use of confiscated assets in 2021. However, similar to the law on repentance, the legislature hasn’t fulfilled its duty completely. French law doesn’t allow confiscated assets to be accessible to cooperatives and local authorities that know associative structures better. For instance, an association protecting women victims of domestic abuse is situated in a villa confiscated from a swindler in Guadeloupe. In Paris, near the Ministry of Justice, a victim of human trafficking is rebuilding her life in the former apartment of an Italian mafioso. In Dunkirk, a building owned by a slumlord is set to become the location of a housing and integration facility. In Marseille, the villa of a cocaine trafficker has recently been made available to two victim support associations. These are excellent examples that should be multiplied. (Crim’HALT’s opinion piece in Marianne on the « fight against organized crime”.)

The status of repentant

Another complicated yet intriguing possibility is the question of the status of a repentant individual. Those who have blood on their hands are excluded. This choice takes into account the feelings of victims and their families, but it diminishes the effectiveness of this status when dealing with organized crime. After all, influential figures, the ones capable of delivering significant blows to an organization, often bear responsibility for bloodshed. What’s at stake is not impunity, but rather the safeguarding of the individual and their family. Therefore, the repentant individual serves their sentence. This approach has proven successful in Italy. Going beyond the testimony of the repentant and its concrete effects, allowing a prominent clan member to speak out disrupts and creates insecurity within the organization. It is no longer an unassasilable or indestructible entity. (Refer to Crim’HALT’s article in Le Monde: reflections on the status of « cooperator » of justice).

A better consideration of the victims

Speaking of the victims, who remembers 18-year-old Kawatar, 14-year-old Rayanne, Sarah or Maxime? Larbi or 16-year-old Kaïs? They’ve already been forgotten. The latest, a 43-year-old mother killed on May 10, doesn’t even have a name! ( Refer to March 21, 2023 : a day of remembrance for innocent victims of organized crime…the list goes on!)

What do they have in common? They’re mostly innocent victims of organized crime and drugs trafficking. Crim’HALT has been conducting investigations for two years and continues to document new victims. For them and their families, it constitutes a dual penalty: death, followed by the denial of justice. Occasionally, it becomes a triple punishment when rumors are thrown into the mix…This cannot go on. The memory of victims who are not involved in trafficking must be adequately defended. Bringing them out of oblivion reverses the power balance with crime. Crime is so potent that it claims lives, and that narrative consistently dominates media coverage. By advocating for innocent victims every day, we can engage local residents in a proactive civic battle against organized crime. The citizen is reinstated at the heart of the equation and can contribute to diminishing violence. In practical terms, alongside the decriminalization of drugs, the objective is to establish a status for victims of organized crime, allowing families to reconstruct their lives and access aid funded through confiscations.

When talking about virtuous loop…