Identifier
Created
Classification
Origin
06SKOPJE1100
2006-11-20 15:34:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Skopje
Cable title:
MACEDONIA: RULE OF LAW VICTORIES -- WIRETAP LAW
how-toVZCZCXRO4072 RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG DE RUEHSQ #1100 3241534 ZNR UUUUU ZZH R 201534Z NOV 06 FM AMEMBASSY SKOPJE TO RUEHC/SECSTATE WASHDC 5440 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE RUEHVEN/USMISSION USOSCE 2086 RUESEN/SKOPJE BETA RUEAIIA/CIA WASHINGTON DC RUEHBS/USEU BRUSSELS RUEHNO/USMISSION USNATO 3636 RUEAWJA/DEPT OF JUSTICE WASHDC
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
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
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