Organised crime
- Organised crime means ‘a structured group of three or more persons existing for a period of time and acting in concert with the aim of committing serious crimes or offences to obtain, directly or indirectly, financial or other material benefit’.
- It manifests in many forms. Organised crime can be further classified into two categories, viz, traditional organised crime and non-traditional (modern) organised crime.
- Traditional organised crime includes illicit liquor trade, betting, gambling, kidnapping, extortion, prostitution rackets, robbery, blackmailing, sand mafia, mining mafia, contract killing, pornography, etc.
- Non-traditional organised crime includes transnational crime like money laundering, pumping fake Indian currency notes (FICN), hawala transfer, cybercrime, hacking, human trafficking, arms smuggling, drugs smuggling, etc.
- Characteristic of organised crime
- Hierarchical chain command.
- Physical violence is used.
- More than one type of crime.
- They corrupt and intimidate the pub officials and legitimate businessman.
- Different types of organised crime:
- Narcotics trafficking
- Arms trafficking
- Human smuggling
- Gold smuggling
- Fake currency
- Kidnapping and extortion
- Contract killing/supari killing
- Cyber crime Money laundering
- Maritime piracy
- CBRN smuggling (Chemical, Biological, Radiological and Nuclear Defence)
- Trading in human body parts
- Infiltration of illegal businesses It is worth mentioning that the first five activities in the above list are more prone to have terrorist linkages.
Terrorism
It is an ideology which believes in use of violence to create a wave of fear/terror with intention of achieving certain political or sectarian objectives.
- Types of terrorism according to 2nd ARC:
- Ethno-Nationalist: e.g. Tamil in S.Lanka, Naga in N.E. India.
- Religious terrorism: e.g. ISIS etc.
- Ideological terrorism: e.g. LWE, RWE (Nazism)
- Narco-Terrorism: by drug-traffickers: Car bomb, Assassinations etc. to influence the policy of the govt.
- State sponsored: for chieve some foreign policy objectives e.g. by Pakistan.
- Cyber-terrorism: Use of cyber-space to harm the other nation/people/organisation by disturbing the critical infrastructure.
Link Between Organised Crime and Terrorism
- Terrorists engage in organised crime to support themselves financially. Drugs trafficking, money laundering, FICN, supari killing and extortion are the main organised crimes by which terrorists generate money.
- Both reinforce each other: e.g
- Terrorists undermine the state security and stability–> Create the condition for O.C to flourish.
- Hawala network used for funding terrorism.
- Conceptually:
- O.C focuses upon Economic gain.
- Terrorism is moticated by Political Ideals.
- But, their relationship evolves with time. Both exist on same plain and capable of converging s a certain point. Single group can slide up and down the scale.
- Reason for convergence:
- globalization
- communication revolution through the Internet,
- the end of the Cold War: not any more state sponsorship for terrorist activities. Terrorist groups have begun to seek financial resources to sustain their activities.
- the “global war on terror”: terrorist groups became in trouble to find sufficient resource.
- increasing numbers of failed or weak states: ineffective rule of law, corruptions of officers and porous borders are ideal “safe haven”.
- e.g.
- Dawood Ibrahim, accused of terrorist bombing in Mumbai (1993), he shared his smuggling routes with Al-Qaida and other terrorist groups.
- Taliban: involved in opium trade. (controls 90%).
- Boko Haram involved in Kidnapping, extortion etc.
- LWE groups, insurgents involved in Kidnapping, extortion etc.
- extortion money used to fund Terrorism.
- Use of fake-currency in J&K.
- Narco terrorism
- Organised crime groups and terrorists often operate on same network structures.
- Terrorists thrive under the cloak of transnational organised crime groups.
- Both organised crime groups and terrorist groups operate in areas with little governmental controls, weak enforcement of laws and open borders.
- Both often use similar means of modern technology to communicate.
- Logistics and material supports are the “sine qua non” elements for terrorist activities.
- Weapon, finance etc.
- travel support and protection. This related arm- drug trafficking and human smuggling.
- e.g: members (militants) will be able to reach their targets easily.
- Human trafficking and terrorism:
- to raise fund.
- sex slaves to allure fighters.
- logistical help.
- Alliance is the first step for the relationships of convergence.
- Criminal groups also provide money laundering services.
- Terrorist groups controlling the terrain tax drug traffickers in return for protection.
- Organised crime and terrorism thrive on ineffective governance, poor checks and balances. They have developed a symbiotic relationship.
- But neither are all terrorist acts organised crime, nor are all organised criminal acts terrorism;
- in most developed countries, organised crime thrives with little or no terrorist activities, and
- in most developing countries, terrorism exists along with varying levels of organised criminal activity.
Major Differences Between Organised Crime and Terrorism:
- The differences between them rest on means and ends,
- Terrorism aims to overthrow the existing government by altering the status quo.
- Organised crime, on the other hand, aims to form a parallel government(parallel economy) while co-existing with the existing one; any change in the status quo is only circumstantial or a by-product and born out of convenience rather than zealous revisionist policy.
- Secondly, terrorism primarily uses violent means, whereas organised crime prefers to be non-violent notwithstanding the odd resort to belligerence.
- Third, terrorism is driven purely by political objectives despite sometimes resorting to exploitation of regional, national and religious sentiments to achieve their ends;
- conversely, economic objectives are the operational determinants of organised crime.
What are the links between terrorism and organised crime and how are they relevant in the indian context?
- More than ever before, groups engaged in terrorism and organised crime operate together. These relationships have helped terrorist groups to be less dependent on state sponsors, and on their domestic and international supporters.
- While organised crime involves many activities, its linkages with terrorism stem from illegal trafficking of drugs, arms and human beings, fake currency and money laundering.
- Terrorist groups, whether indigenous or sponsored by outside states, need arms and money for their fight against the security forces. Challenges to Internal Security of India Organised crime needs a client and couriers who can smuggle drugs, arms and human beings across countries and regions.
- In India, the linkages between the two exist at national and transnational levels. At the national level, both terrorists and those involved in organised crime are within India. At the international level, collaboration exists between transnational syndicates and terrorists from inside and outside India.
- Links Between Terrorism and Organised Crime in the North East:
- In India’s north-east, almost all militant groups run a parallel government or have their areas of influence and are involved in collecting money directly from the people.
- Much of the government funds reach the militants indirectly due to malgovernance. Government officials in conflict zones are either threatened or bribed to award contracts to individuals patronised by the militant groups.
- Contracts apart, essential commodities like rice and fuel reach the militant groups directly which are then sold to the public at much higher prices.
- This phenomenon, though unnoticed in other parts of India, is a clear example of the linkage between organised crime and terrorism inside India.
- Extortion, kidnapping, contracts and black marketing still fall short of financing the nefarious activities of the militants. This is where transnational drugs and arms syndicates come into play.
- Terrorist organisations, especially in the north-east, mobilise funds by becoming couriers of illegal drugs and arms, and at times even human beings, from one point to another within the country.
- Some of the infamous entry points from South-east Asia include Moreh and the entire Chittagong Hill tracts, especially Cox’s Bazaar. Initially, international criminal syndicates had their own network; however, with these routes being taken over by various terrorist groups in the north-eastern states, the syndicates have started using them instead of bribing them to let their consignments get through.
- In India’s north-east, almost all militant groups run a parallel government or have their areas of influence and are involved in collecting money directly from the people.
- Links Between Terrorism and Organised Crime in Kashmir:
- Unlike the north-east, reliance on funds from extortion and other related means is minimal. There is no parallel government in Kashmir and government resources do not reach militant hands.
- However, external funds compensate for inadequate internal mobilisation.
- External funds reach the militant organisations fighting in Kashmir through various means. For instance, enormous funds mobilised in Pakistan and other Muslim countries, especially in the Gulf, are channelled through various organisations in Pakistan to Kashmir. Markazdawa al Arshad, for example, mobilises funds from inside and outside Pakistan to support its militant wing, Lashkar-e-Toiba.
- Besides, external funds are also routed through select organisations and individuals in Kashmir, which finally reach the militants.
- Money laundering plays a significant role. Hawala transactions take place swiftly and effectively.
- Besides, it is also believed that the ISI uses drug money to fund militant activities in the state.
- Another significant relationship between organised crime and terrorism, especially in Kashmir, is through the spread of counterfeit currency, FICN.
- Terrorists are the main couriers of Indian counterfeit currency inside Kashmir, which then spreads all over India.
- Even guides for the militants from across the border are paid with counterfeit money. In fact, when some of the ‘indigenous’ militants were also paid with counterfeits, it resulted in squabble between them and the so-called guest militants.
- Unlike the north-east, reliance on funds from extortion and other related means is minimal. There is no parallel government in Kashmir and government resources do not reach militant hands.
- Links Between Terrorism and Organised Crime in the Rest of India:
- Besides Kashmir and the north-east, sporadic incidents in other parts of India, like the Mumbai blasts, for instance, have exposed the connection between terrorism and organised crime. This is distinct from the traditional linkages flourishing between organised crime syndicates and local criminals.
- Bombay Blast:
- Bomabay Blast 1993 was a classical example of organized crime cartel’s planning and executing terrorist activities.
- The 1993 Bombay bombings were a series of 13 bomb explosions that took place in Bombay on Friday, 12 March 1993. The coordinated attacks were the most destructive bomb explosions in Indian history.
- The single-day attacks resulted in over 350 fatalities and 1200 injuries.
- The attacks were coordinated by Dawood Ibrahim, don of the Bombay- based international organised crime syndicate named D-Company.
- Dawood Ibrahim was the mastermind behind these blasts. He is involved in all kind of organized crime cartels like Drugs smuggling, gold smuggling, Supari killing, match-fixing etc.
- Linkages between terrorism and organized crime came to limelight first time in India in Bombay blast.
- Communal tension led to terror activities first time in India. First time revenge of riots was taken in the form of terror attacks.
- Links Between Terrorism and Drug Trafficking:
- Heroin from the Golden Crescent (Afghanistan, Iran and Pakistan) and Golden Triangle (Myanmar, Laos and Thailand) feeds the Asia-Pacific – a region with major transit routes to Europe and North America.
- The increase in consumption within the region has also contributed to regional insecurity because of the terrorist-criminal nexus.
- While organised crime groups that are often linked to terrorist groups control narcotics distribution, many terrorist and guerrilla groups control the territories where the narcotics are cultivated or refined.
- The erstwhile Taliban regime controlled parts of Afghanistan where heroin was produced and taxed the cultivators as also the transporters of opium.
- Furthermore, the threat posed by narcotics to health, economic, and law and order spheres in the region is on the increase.
- Narcotic trafficking is a major source of revenue for terrorists and organised crime networks, particularly groups with trans-state reach.
- As much as armed ethnic groups in Myanmar control the flow of narcotics from Myanmar, armed Islamic groups tax and control organised crime networks regulating the flow of narcotics from Afghanistan.
- The future of the links between terrorism and organised crime:
- Terrorist groups have begun to lay a premium on gaining domestic respectability, as also international acceptance, for their goals. Accordingly, such groups have gradually tended to distance themselves from visibly illegitimate businesses and to invest in legitimate businesses like investment in share market, capital market, IPL spot-fixing, etc.
- With the loss of state sponsorship for terrorism, terrorist groups need to pursue different means of financing, mainly through arms and drugs trafficking.
- Terrorist dependence on organised crime for financial viability and organisational survival will increase in the near future. Structurally, terrorist groups will increasingly mirror organised crime groups. Terrorist groups will rapidly move in search of new opportunities to generate funds.
- With state-sponsors distancing themselves, terrorist groups will either develop robust organised crime components or work closely with organised crime groups.
- While the bulk of the terrorist groups will retain their political leanings, the potential for a few terrorist groups to degenerate into pure criminal groups will, nevertheless, increase.
- To effectively combat international terrorism, state response will have to factor in the nexus between terrorists and organised crime.
UN convention against transnational organised crime and the protocols:
- UNTOC is the guardian of the United Nations Convention against Transnational Organised Crime(Organised Crime Convention) and the three Protocols (Trafficking in Persons, Smuggling of Migrants and Trafficking of Firearms) that supplement it.
- This is the only international convention, which deals with organised crime. It is a landmark achievement, representing the international community’s commitment to combating transnational organised crime and acknowledging the UN’s role in supporting this commitment.
- The Organised Crime Convention offers states which are party to the convention, a framework for preventing and combating organised crime, and a platform for cooperating in doing so.
- By becoming parties to the UNTOC, the states also have access to a new framework for mutual legal assistance and extradition, as well as a platform for strengthening law enforcement cooperation. States have also committed to promoting training and technical assistance to strengthen the capacity of national authorities to address organised crime.
Government steps for dealing with organised crime:
- Anti-trafficking nodal cell by MHA.
- Sakhi-one stop centre, Swadhar program.
- Statutory measures:
- Drugs and Cosmetics Act, 1940,
- The Narcotic Drugs and Psychotropic Substances Act, 1985, and
- The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
- Institutional measures:
- Narcotics Control Bureau was established in 1986 to function as coordinating and enforcement agency to administer these acts.
- International Conventions:
- India has ratified various international conventions of UN and SAARC aimed at tackling organized crime and transnational drug smuggling, e.g. UN Convention Against Organised Crime.
- India has also supported the global efforts led by UN office on drug and crime (UNODC) to curb perpetrating drug menace.
- Inter-Governmental Initiatives: India has entered into various arrangements with Nepal, Thailand and Myanmar.
- Policy measures:
- India has formulated National Policy on Narcotics Drugs and Psychotropic Substances which has given equal emphasis on supply and demand reduction.
- Stepping up of border and coastal security to prevent drug smuggling.
- The Union Government provides financial assistance up to 90% to voluntary organizations for setting up or running Integrated Rehabilitation Centres for Addicts.
- Increasing awareness among citizens about ill effects of drug consumption and about rehabilitation centres.
Problems in dealing with Organised crime:
- India doesn’t have special law to deal with O.C. present laws deal with individuals and not with groups/Enterprise.
- top leaders are generally insulated.
- Problem is criminal justice system.
- Generally trans-national in nature, so difficulties in extradition etc.
- Criminal, Political and Bureaucratic nexus.
- Golden Crescent and Golden triangle at both side.
