URUGUAY ESTABLISHES NEW COURTS TO TACKLE COMPLEX

UNCLAS MONTEVIDEO 000023 SIPDIS STATE FOR WHA/BSC MDASCHBACH, WHA/AND MWELLS, L/LEI STORRES DOJ FOR OIA E.O. 12958: N/A TAGS: SNAR SOCI PGOV KCRM KJUS UY SUBJECT: URUGUAY ESTABLISHES NEW COURTS TO TACKLE COMPLEX CRIMES REF: A. A. 2008 MONTEVIDEO 449 ¶B. B. 2008 MONTEVIDEO 569 ¶1. SUMMARY. In an effort to ensure that complicated cases are properly understood and adjudicated, and to address the public's growing concern about organized crime and narcotics abuse and trafficking, the GOU has established two new courts to focus specifically on those areas. The Juzgados contra Crimen Organizado (&Tribunals against Organized Crime8) began hearing cases on January 1. In Uruguay, complex cases involving more than one defendant are often referred to as "organized crime," so the phrase has a meaning distinct from its use in the U.S. Judges serving in these courts are Uruguay's specialists in hearing such complicated cases. The courts are off to an energetic start, having already achieved some notable successes, but further training will likely be needed is needed to ensure the continuing success of the courts in combating narcotrafficking and organized crime. End Summary. -------------- -- AN ORGANIZATIONAL SOLUTION TO A GROWING PROBLEM -------------- -- ¶2. The Uruguayan people have registered an increasing dissatisfaction with the growing problem of organized crime in the country. A 2008 Latinobarometro poll found that more than one-fifth of the country's population feels that the top domestic problem facing Uruguay today is security, in particular, crime, violence, gangs, and narcotics. At the same time, many Uruguayan jurisdictions are ill-equipped to deal with cases involving a large number of individuals (e.g. drug trafficking organizations) or having a particularly convoluted evidentiary trail (e.g. money laundering). The new courts are dedicated specifically to address these issues, and are another example of the Vazquez government's decision to make combating counternarcotics and organized crime a priority (reftel A). They have country-wide jurisdiction and will hear cases on money laundering, trafficking in persons and arms, sex trafficking, child prostitution and child pornography, and financial crimes. ¶3. Two judges have begun hearing cases related to organized crime, money laundering, and narcotics in the courts. About twenty pending criminal cases have been referred to them, and all new cases filed as of January 1 pertaining to these topics are directly sent to their offices. Upon their swearing-in, Jorge Vazquez, Deputy Chief of Staff of the Presidency and President of Uruguay's Counter-narcotics Commission (JND),noted specifically that the new courts are the culmination of a long-term project between the JND and the Judiciary to allow for the centralization of complex crimes that were heard before in distinct tribunals throughout the country. Vazquez characterized the courts as an important advance in the fight against narcotrafficking and money laundering. He mentioned to the ambassador January 8 that the GOU would be interested in any specialized training opportunities that could help to prepare officers of the courts for their unique challenges. Note: The Embassy will work with its interagency law enforcement team to identify suitable opportunities. End Note. ¶4. The courts have already arraigned several high profile cases, including a local ring of drug traffickers and a Colombian wanted for participating in a pyramid scheme that brought ruin to thousands of Colombians. In the latter case, Judge Jorge Diaz has reached out to the Judiciary in Colombia to make arrangements for her extradition. -------------- BIO NOTES -------------- ¶5. Judges Graciela Gatti and Jorge Diaz were designated by the Supreme Court to serve on these courts because of their previous experience handling such cases. Permanent prosecutors for the court have yet to be assigned, but Monica Ferrero and Ricardo Perciballe, currently serving temporarily, are among the most likely candidates. Both have experience working with criminal cases, and Perciballe prosecuted two well-known narcotics cases that Diaz heard. ¶6. Graciela Gatti has served as a judge for 17 years at local and district levels. She most recently was a member of the Criminal Court (seventh turn). Gatti has taken many courses in anti-crime matters, both in Uruguay and abroad. She is the judge presiding over the case of former banker Juan Peirano Basso, who was extradited from the U.S. to Montevideo in September 2008 for his part in a large banking scandal earlier in the decade that victimized thousands of account holders. ¶7. Jorge Diaz has served as a judge for 15 years at local and district levels. His most recent post was as a member of the Criminal Court (fourth turn). Diaz has taken classes abroad specializing in combating organized crime and money laundering. -------------- COMMENT -------------- ¶8. The establishment of courts dedicated exclusively to complicated cases such as money laundering and narcotrafficking is a strong indication that the GOU is taking those problems seriously. We have been ramping up our cooperation with Uruguayan government entities dedicated to fighting crime (reftels),and will be on the lookout for training opportunities that could increase the effectiveness of officials serving these courts. End Comment. Baxter