Identifier
Created
Classification
Origin
06SKOPJE668
2006-07-14 12:07:00
UNCLASSIFIED
Embassy Skopje
Cable title:  

MACEDONIA: MAJOR TIP TRIAL REFLECTS SOLID

Tags:  PREL PGOV PHUM KCRM SMIG MK 
pdf how-to read a cable
VZCZCXRO9095
RR RUEHAST
DE RUEHSQ #0668/01 1951207
ZNR UUUUU ZZH
R 141207Z JUL 06
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC 4923
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHNO/USMISSION USNATO 3617
RUEHVEN/USMISSION USOSCE 2077
RUEHBS/USEU BRUSSELS
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

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