Identifier
Created
Classification
Origin
09TIRANA56
2009-01-27 15:48:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Tirana
Cable title:
SUPREME COURT RELEASES HUMAN TRAFFICKER
how-toVZCZCXRO6127 PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG DE RUEHTI #0056 0271548 ZNR UUUUU ZZH P 271548Z JAN 09 FM AMEMBASSY TIRANA TO RUEHC/SECSTATE WASHDC PRIORITY 7818 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE RUEAWJA/DEPT OF JUSTICE WASHDC
UNCLAS TIRANA 000056
SIPDIS
SENSITIVE
DEPARTMENT FOR EUR/SCE; G/TIP
DOJ FOR OPDAT AND ICITAP
E.O. 12958:N/A
TAGS: KTIP PHUM KCRM PGOV PREL IT AL
SUBJECT: SUPREME COURT RELEASES HUMAN TRAFFICKER
REF: 08 TIRANA 292
SENSITIVE BUT UNCLASSIFIED - PLEASE TREAT ACCORDINGLY
UNCLAS TIRANA 000056
SIPDIS
SENSITIVE
DEPARTMENT FOR EUR/SCE; G/TIP
DOJ FOR OPDAT AND ICITAP
E.O. 12958:N/A
TAGS: KTIP PHUM KCRM PGOV PREL IT AL
SUBJECT: SUPREME COURT RELEASES HUMAN TRAFFICKER
REF: 08 TIRANA 292
SENSITIVE BUT UNCLASSIFIED - PLEASE TREAT ACCORDINGLY
1. (SBU) Summary: The Supreme Court recently overturned two
suspected traffickers' convictions and a lower court's decision to
confiscate their assets, believed to be worth several million euros.
The Supreme Court ruled that since the victims were "cohabitating"
with their traffickers (the traffickers married the victims under
false pretenses and forced them into prostitution in Italy) the
victims had to be informed of their right to not testify against
their spouses. As the victims were not informed of this right, the
Court vacated the convictions and returned the case to a lower court
for a retrial. End summary.
2. (SBU) Post has learned that on December 3, 2008 the Supreme Court
overturned a lower court's conviction of two suspected traffickers,
Fatmir Tahiraj and Arjan Kane, and also overturned the confiscation
of several million euros worth of their assets that had been seized
by the Prosecutor's Office. According to the Court's decision,
Tahiraj's and Kane's convictions were invalid on procedural grounds
since the trafficking victims, who were "cohabitating" with the two
suspects, should have been informed that they had no obligation to
testify against Tahiraj and Kane. (Note: The traffickers "married"
the victims under false pretenses, took them to Italy, and forced
them into prostitution. Marriage or engagement under false pretenses
is the most common method of recruiting victims of trafficking in
Albania. End note.) This decision was made in order to protect the
important social relationship between husband and wife, according to
the Court. Since the women were not informed of this right, the
Supreme Court overturned an Appeals Court decision that found them
guilty in absentia and seized their assets.
3. (SBU) As reported reftel, on December 11, 2007, the Serious
Crimes Appeals Court sentenced Tahiraj and Kane in absentia to 20
years in prison and confiscated their assets, determining that the
two had been engaged in human trafficking since 1997 and had used
the proceeds to build a large business empire in Tirana and Fier.
One of the vic said she was exourt's overw`elming concern for the sanctity of the
importantsocial relationship between husband and wife is ad-irable,
in this case, where women were married under false pretenses, forced
into prostitution, and habitually abused, the Court's ruling is
disingenuous. (Note: The lower court found that these abuses did in
fact occur. End note.) Furthermore, one of the victims in this case
came forward to the police herself and asked them to prosecute the
case. This case was first brought to our attention by a senior
Albanian court official who feared, correctly it seems, that
significant pressure and money were being used in order to overturn
the lower court's verdict. At this time it is not clear how the
case will continue as the whereabouts of the victims are unknown and
it seems unlikely that, after this decision, they would return to
give their testimony again.
WITHERS
SIPDIS
SENSITIVE
DEPARTMENT FOR EUR/SCE; G/TIP
DOJ FOR OPDAT AND ICITAP
E.O. 12958:N/A
TAGS: KTIP PHUM KCRM PGOV PREL IT AL
SUBJECT: SUPREME COURT RELEASES HUMAN TRAFFICKER
REF: 08 TIRANA 292
SENSITIVE BUT UNCLASSIFIED - PLEASE TREAT ACCORDINGLY
1. (SBU) Summary: The Supreme Court recently overturned two
suspected traffickers' convictions and a lower court's decision to
confiscate their assets, believed to be worth several million euros.
The Supreme Court ruled that since the victims were "cohabitating"
with their traffickers (the traffickers married the victims under
false pretenses and forced them into prostitution in Italy) the
victims had to be informed of their right to not testify against
their spouses. As the victims were not informed of this right, the
Court vacated the convictions and returned the case to a lower court
for a retrial. End summary.
2. (SBU) Post has learned that on December 3, 2008 the Supreme Court
overturned a lower court's conviction of two suspected traffickers,
Fatmir Tahiraj and Arjan Kane, and also overturned the confiscation
of several million euros worth of their assets that had been seized
by the Prosecutor's Office. According to the Court's decision,
Tahiraj's and Kane's convictions were invalid on procedural grounds
since the trafficking victims, who were "cohabitating" with the two
suspects, should have been informed that they had no obligation to
testify against Tahiraj and Kane. (Note: The traffickers "married"
the victims under false pretenses, took them to Italy, and forced
them into prostitution. Marriage or engagement under false pretenses
is the most common method of recruiting victims of trafficking in
Albania. End note.) This decision was made in order to protect the
important social relationship between husband and wife, according to
the Court. Since the women were not informed of this right, the
Supreme Court overturned an Appeals Court decision that found them
guilty in absentia and seized their assets.
3. (SBU) As reported reftel, on December 11, 2007, the Serious
Crimes Appeals Court sentenced Tahiraj and Kane in absentia to 20
years in prison and confiscated their assets, determining that the
two had been engaged in human trafficking since 1997 and had used
the proceeds to build a large business empire in Tirana and Fier.
One of the vic said she was exourt's overw`elming concern for the sanctity of the
importantsocial relationship between husband and wife is ad-irable,
in this case, where women were married under false pretenses, forced
into prostitution, and habitually abused, the Court's ruling is
disingenuous. (Note: The lower court found that these abuses did in
fact occur. End note.) Furthermore, one of the victims in this case
came forward to the police herself and asked them to prosecute the
case. This case was first brought to our attention by a senior
Albanian court official who feared, correctly it seems, that
significant pressure and money were being used in order to overturn
the lower court's verdict. At this time it is not clear how the
case will continue as the whereabouts of the victims are unknown and
it seems unlikely that, after this decision, they would return to
give their testimony again.
WITHERS