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.

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AN ORGANIZATIONAL SOLUTION TO A GROWING PROBLEM
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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.

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BIO NOTES
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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.

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COMMENT
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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