MACEDONIA: RULE OF LAW VICTORIES -- WIRETAP LAW

UNCLAS SKOPJE 001100 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR/SCE, G/TIP, DOJ/OPDAT FOR CARL ALEXANDRE, DOJ/ICITAP FOR JOSEPH JONES, CARR TREVILLIAN, AND JEFFREY THOMAS E.O. 12958: N/A TAGS: PGOV PREL PHUM KCRM SMIG MK SUBJECT: MACEDONIA: RULE OF LAW VICTORIES -- WIRETAP LAW AND TIP CONVICTIONS REF: SKOPJE 668 WIRETAP LAW WILL STRENGTHEN PROSECUTIONS OF ORGANIZED CRIME AND CORRUPTION CASES ¶1. (U) Macedonia recently scored two major victories in strenghtening rule of law and fighting organized crime. On November 15, after months of preparatory work by the former and current governments, and heated parliamentary and public debate, the parliament passed the Law on Monitoring Communications. Prior to this summer's parliamentary elections, the Parliament had been unable to muster the needed 2/3 majority vote for passage. The newly formed governing coalition, with help from the opposition SDSM (former governing party),was able to garner the 2/3 parliamentary majority, with 82 votes for the law and none against. ¶2. (U) The law allows for legal monitoring of communications only with a court order, and as directed by the Minister of Interior. Strict conditions are stipulated for the use, storage, and application of the data obtained. Our ICITAP and OPDAT experts agree the new wiretap law provides a vital tool for Macedonian law enforcement in successfully investigating and prosecuting organized crime and corruption cases. CONVICTIONS AND STIFF SENTENCES IN TRAFFICKING IN PERSONS CASES ¶3. (U) In a second positive rule of law development, on November 14, a Skopje court convicted all 28 defendants in Macedonia's largest-ever trafficking in persons case (reftel). The convictions resulted in sentences ranging from 8 months to 13 years in prison. The two defendants convicted of "organizing a group and instigating the perpetration of human trafficking" were sentenced to 10-13 years in prison. Others convicted of migrant smuggling received prison sentences up to 7 years. ¶4. (SBU) U.S. mission staff observed the court proceedings on several occasions and assessed them as having met international standards. The presiding judge maintained courtroom discipline, while the prosecutor effectively used evidence obtained through special investigative methods, including photographic and personal surveillance data and the testimoney of a cooperating witness, to win the convictions. COMMENT ¶5. (SBU) COMMENT: The newly passed wiretap law and the trafficking convictions mark important steps forward in Macedonia's fight against organized crime and the government's efforts to strengthen the rule of law. Our USG-funded adviser on organized crime will assist the Ministry of Interior in developing the bylaws and regulations needed to ensure the wiretap law is implemented in a manner consistent with international law enforcement standards. ¶6. (SBU) The successful investigation, arrests, convictions and sentencing in the TIP trial demonstrate close coordination between the various branches of Macedonia's law enforcement institutions, and reflect the positive impact of recently-enacted judicial reforms that support Macedonia's NATO membership requirements. We will work with the GOM's anti-trafficking secretariat to ensure continued concrete steps to demonstrate the government's will to effectively combat TIP. MILOVANOVIC