Identifier
Created
Classification
Origin
07SKOPJE137
2007-02-16 12:30:00
CONFIDENTIAL
Embassy Skopje
Cable title:  

MACEDONIA: NEW PUBLIC PROSECUTOR FOCUSED ON

Tags:  PGOV PREL PINR MK 
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RR RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHSQ #0137/01 0471230
ZNY CCCCC ZZH
R 161230Z FEB 07
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC 5742
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHSQ/USDAO SKOPJE MK
RHEHNSC/WHITE HOUSE NATIONAL SECURITY COUNCIL
RUESEN/SKOPJE BETA
RUEAIIA/CIA WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 SKOPJE 000137 

SIPDIS

SIPDIS

DEPT FOR EUR/SCE, DOJ/OPDAT FOR CARL ALEXANDRE

E.O. 12958: DECL: 02/17/2007
TAGS: PGOV PREL PINR MK
SUBJECT: MACEDONIA: NEW PUBLIC PROSECUTOR FOCUSED ON
COMBATING ORGANIZED CRIME

REF: A. SKOPJE 120 & PREVIOUS


B. SKOPJE 27

C. SKOPJE 21

Classified By: PolOff Katrina Mosser, reasons 1.4(b) & (d).

SUMMARY

C O N F I D E N T I A L SECTION 01 OF 02 SKOPJE 000137

SIPDIS

SIPDIS

DEPT FOR EUR/SCE, DOJ/OPDAT FOR CARL ALEXANDRE

E.O. 12958: DECL: 02/17/2007
TAGS: PGOV PREL PINR MK
SUBJECT: MACEDONIA: NEW PUBLIC PROSECUTOR FOCUSED ON
COMBATING ORGANIZED CRIME

REF: A. SKOPJE 120 & PREVIOUS


B. SKOPJE 27

C. SKOPJE 21

Classified By: PolOff Katrina Mosser, reasons 1.4(b) & (d).

SUMMARY


1. (SBU) During a February 9 courtesy call with the
Ambassador, newly appointed Chief Public Prosecutor
Shvrgovski said his number one priority is combating
organized crime in Macedonia. Shvrgovski, a former Deputy
Public Prosecutor, was appointed by the Macedonian parliament
on January 24. He is focused on key issues facing the Public
Prosecutor's Office in the coming months -- the importance of
showing concrete steps in combating organized crime, and
preparing prosecutors for the possible return of four
unindicted ICTY cases (ref A). End Summary.

NEW CHIEF PUBLIC PROSECUTOR APPOINTED


2. (U) On February 9 the Ambassador paid a courtesy call on
newly appointed Chief Public Prosecutor (CPP) Ljubco
Shvrgovski. Shvrgovski was nominated by the GOM and
appointed by the Macedonian parliament on January 24 to a
six-year term of office. He was elected with 61 votes; the
entire opposition boycotted the voting. Parliamentary
opposition parties argued that correct procedures were not
followed during the voting, and that the draft Law on the
Public Prosecutor's Office should have been adopted prior to
appointing a new CPP. The GOM avoided countering the legal
argument, and argued that a new CPP should be appointed as
soon as possible because the position had been vacant since
October 2006, when the new parliamentary majority removed
former CPP Aleksandar Prcevski due to his alleged "failure to
perform his duties," a move many local observers saw as
politically motivated.

PRIORITY #1 - COMBATING ORGANIZED CRIME


3. (SBU) The Ambassador urged Shvrgovski and his fellow
prosecutors to redouble efforts to strengthen rule of law and
combat corruption. Shvrgovski said his number one priority
as CPP is to combat organized crime. In support of that
effort he intends to move forward on a number of outstanding
high-profile cases.



4. (C) Shvrgovski specifically referenced several cases,
including one case involving at least 28 defendants allegedly
involved in corruption and embezzlement; a bungled Macedonian
arms shipment case (ref B); and a recent case resulting from
a drug bust at the Macedonia-Kosovo border (ref C). The
Ambassador agreed that these cases are high-profile examples
that the Public Prosecutor's Office and the GOM could use to
show some concrete results in combating serious crimes
through prosecutions and, where warranted, convictions and
appropriate sentences. She also remarked that a number of
serious cases remain pending, left over from the previous
government.


5. (C) Shvrgovski also mentioned the draft Law on the Public
Prosecutor's Office and his objection to the creation of a
separate, semi-autonomous organized crime office, which he
believes would be unconstitutional. He supports instead the
creation of a specialized unit for organized crime within the
Public Prosecutor's Office, as he agrees there is a need for
specialized staff and training to prosecute organized crime
cases. (NOTE: Post's OPDAT Legal Advisor has reviewed the
draft law and sees no constitutional inconsistencies in it.
Shvrgovski's announcement at the meeting with the Ambassador
that he was breaking with the consensus earlier achieved in
the drafting committee for the law, came as an unpleasant
surprise to this mission. His reason will be carefully
examined. END NOTE)

ADDITIONAL TRAINING NEEDED FOR ICTY CASES


6. (C) Shvrgovski agreed with the Ambassador that the
Macedonian judicial system is not ready to accept the return
of four unindicted ICTY cases (ref A). He believes the
judiciary needs additional training to prepare for the return
of cases, and specific training to deal with the heightened
public interest and outside pressure the judiciary will
likely face when processing the controversial cases.
Shvrgovski welcomed the assistance of OPDAT and OSCE in
providing the necessary training.

SKOPJE 00000137 002 OF 002



CONTINUED U.S. SUPPORT AND ASSISTANCE


7. (SBU) Shvrgovski thanked the Ambassador for OPDAT's and
USAID's continued support for upgrading court facilities,
training prosecutors and judges, and providing valuable
advice and expertise on the GOM'S ongoing judicial reforms.
The Ambassador pledged to continue the close cooperation
between the embassy and the Public Prosecutor's Office, since
strengthening rule of law and judicial reforms are top
priorities for the embassy. She stressed that the full
implementation of judicial reforms and concrete results in
combating organized crime and corruption would play a key
role in advancing Macedonia's NATO membership prospects.

WHO IS SHVRGOVSKI?


8. (U) Prior to assuming his current office, Shvrgovski was
the Deputy Public Prosecutor for the City of Skopje. He is
not closely linked to any political party though he is close
to senior figures with considerable influence in PM
Gruevski's VMRO-DPMNE. Born in 1960, Shvrgovski holds a
degree from the Law School at the University of Saints Cyril
and Methodius. He rose through the ranks of the Skopje
Municipal Court from 1989-1997, when he was appointed Deputy
Public Prosecutor.


9. (C) Fellow prosecutors and international community legal
experts hold a favorable opinion of Shvrgovski as a
knowledgeable and capable prosecutor. His previous work on
human trafficking and migrant-smuggling cases, and the
prosecution of offenses against the state related to
terrorism, public finances, and "white collar" crime should
help to strengthen his office's ability to fight these
all-too-common crimes in Macedonia. (NOTE: Deputy Chief
Public Prosecutor Kosta Petrovski joined Shvrgovski during
the Ambassador's courtesy call. Petrovski frequently coached
Shvrgovski or supplemented his remarks during the meeting.
Petrovski is viewed as a key behind-the-scenes player and is
likely to exert significant influence over Shvrgovski.
Petrovski is the former president of the influential Public
Prosecutors' Association, and has enjoyed a long-standing and
positive relationship with international community
representatives. END NOTE)

COMMENT


10. (C) OPDAT and USAID historically have had excellent
cooperation with the Public Prosecutor's Office and we expect
this cooperation will continue under the new leadership.
Shvrgovski's focus on fighting organized crime and his stated
intent to move forward on a number of high-profile cases will
support strengthening of rule of law in Macedonia. He also
will have to focus, however, on tackling older corruption
cases involving bigger "fish" (some involving former members
of the current governing party VMRO-DPMNE),and not only the
politically convenient "small fry" he currently is pursuing,
if he wants to be seen as genuinely committed to enforcing
the law.
MILOVANOVIC