MACEDONIA: MAJOR TIP TRIAL REFLECTS SOLID

UNCLAS SECTION 01 OF 02 SKOPJE 000668 SIPDIS SIPDIS DEPT FOR EUR/SCE, G/TIP E.O. 12958: N/A TAGS: PREL PGOV PHUM KCRM SMIG MK SUBJECT: MACEDONIA: MAJOR TIP TRIAL REFLECTS SOLID COORDINATION BETWEEN POLICE, PROSECUTORS, AND THE JUDICIARY SKOPJE 00000668 001.2 OF 002 SUMMARY ¶1. (U) Macedonia's largest-ever trial for trafficking in persons continued on July 6 with the testimony of the star witness for the prosecution. The witness, who initially was charged as a co-conspirator in the case, reached an immunity deal with the prosecution in exchange for his testimony against the other defendants. The case provides a good example of effective Macedonian police coordination with prosecutors and the courts, and of the judiciary's ability to conduct an organized crime trial in accordance with international standards. END SUMMARY MACEDONIA'S LARGEST-EVER TRAFFICKING TRIAL ¶2. (U) On April 11, 2006, Macedonia's largest-ever trial involving 28 defendants charged with illegal smuggling of migrants and stolen vehicles, began in Skopje Basic Court 1. The defendants had been apprehended and charged in November 2005, after a five-month targeted investigation conducted jointly by the Ministry of Interior's (MOI) organized crime department and the border police. (NOTE: Post's ICITAP Senior Police Organized Crime Advisor provided technical advice during the investigation and previously had provided training for the officers conducting it. END NOTE) ¶3. (U) The investigation resulted in the arrest of the commander of the border police station in Gevgelija on the Greek border, along with several border police officers and customs officers. The defendants are accused of organizing and carrying out the smuggling of migrants from Albania to Greece, through Macedonia, and the smuggling of stolen vehicles from Greece through Macedonia during 2005. The defendants were indicted on various charges, including smuggling of migrants; smuggling of vehicles; forgery of documents; abuse of official position; and "organizing a group and instigating the perpetration of human trafficking." STAR WITNESS TAKES THE STAND ¶4. (U) The trial continued on July 6 with the testimony of a star witness for the prosecution. Post's OPDAT Legal Assistant observed the proceedings. The prosecution's witness was a border police officer who initially was indicted as a co-conspirator in the case. After two months in detention, however, the prosecution -- using a newly-enacted immunity statute, secured his release under an immunity agreement in return for his testimony against the other co-defendants. The witness previously had reported receiving threats from the Bulgarian mafia that he would be "liquidated" for disclosing the stolen vehicles scheme. As a result, officers from the MOI's witness protection unit provided on-site security throughout the proceedings. ¶5. (U) The trial was presided over by a chamber of five judges, including two professional judges, one of whom is the chief presiding judge, and three "lay judges," similar to jurors in the U.S. Two organized crime prosecutors represented the prosecution, and each defendant was represented by at least one defense attorney. OPDAT Legal Assistant observed that the presiding judge adequately controlled the courtroom; reprimanded attorneys who spoke without permission; allowed for stenographic recording of testimony upon the request of one of the defense attorneys; and properly informed the witness of his rights. Defendants were seated next to their attorneys and were able to consult with them at any time. The courtroom setting was appropriate, with proper police presence and security procedures in place. A court translator was provided for Albanian-speaking defendants. (NOTE: The presiding judge had participated in several OPDAT-sponsored organized crime-fighting training programs. END NOTE) NEXT STEPS ¶6. (U) The next hearing is scheduled for July 13. Following that hearing, the trial likely will be suspended until August because of the collective summer holiday period (July 15 - August 15). Local law restricts the length of detention of suspects to one year after charges are filed if a verdict has not been reached. Therefore, the prosecution hopes to complete the trial in October, as it would be substantially more difficult to convene proceedings with all 28 defendants present in court if they were released before then. The lead prosecutor is satisfied with the pace of the trial and believes it will be completed by the end of October. SKOPJE 00000668 002.2 OF 002 COMMENT ¶7. (SBU) This case is a welcome example of the Macedonian judicial system's ability to conduct an organized crime investigation and trial in accordance with international standards, given sufficient political will on the part of the GOM. The successful investigation, arrests, and timely trial proceedings demonstrate solid coordination between the MOI, prosecutors and the courts, and reflect the positive impact of recently-enacted judicial reforms that meet Macedonia's NATO MAP requirements. WOHLERS