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Viewing cable 06SKOPJE1100, MACEDONIA: RULE OF LAW VICTORIES -- WIRETAP LAW

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Reference ID Created Released Classification Origin
06SKOPJE1100 2006-11-20 15:34 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Skopje
VZCZCXRO4072
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSQ #1100 3241534
ZNR UUUUU ZZH
R 201534Z NOV 06
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC 5440
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHVEN/USMISSION USOSCE 2086
RUESEN/SKOPJE BETA
RUEAIIA/CIA WASHINGTON DC
RUEHBS/USEU BRUSSELS
RUEHNO/USMISSION USNATO 3636
RUEAWJA/DEPT OF JUSTICE WASHDC
UNCLAS SKOPJE 001100 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EUR/SCE, G/TIP, 
DOJ/OPDAT FOR CARL ALEXANDRE, 
DOJ/ICITAP FOR JOSEPH JONES, CARR TREVILLIAN, AND JEFFREY 
THOMAS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KCRM SMIG MK
SUBJECT: MACEDONIA: RULE OF LAW VICTORIES -- WIRETAP LAW 
AND TIP CONVICTIONS 
 
REF: SKOPJE 668 
 
WIRETAP LAW WILL STRENGTHEN PROSECUTIONS OF ORGANIZED CRIME 
AND CORRUPTION CASES 
 
1. (U) Macedonia recently scored two major victories in 
strenghtening rule of law and fighting organized crime.  On 
November 15, after months of preparatory work by the former 
and current governments, and heated parliamentary and public 
debate, the parliament passed the Law on Monitoring 
Communications.  Prior to this summer's parliamentary 
elections, the Parliament had been unable to muster the 
needed 2/3 majority vote for passage.  The newly formed 
governing coalition, with help from the opposition SDSM 
(former governing party), was able to garner the 2/3 
parliamentary majority, with 82 votes for the law and none 
against. 
 
2. (U) The law allows for legal monitoring of communications 
only with a court order, and as directed by the Minister of 
Interior.  Strict conditions are stipulated for the use, 
storage, and application of the data obtained.  Our ICITAP 
and OPDAT experts agree the new wiretap law provides a vital 
tool for Macedonian law enforcement in successfully 
investigating and prosecuting organized crime and corruption 
cases. 
 
CONVICTIONS AND STIFF SENTENCES IN TRAFFICKING IN PERSONS 
CASES 
 
3. (U) In a second positive rule of law development, on 
November 14, a Skopje court convicted all 28 defendants in 
Macedonia's largest-ever trafficking in persons case 
(reftel).  The convictions resulted in sentences ranging from 
8 months to 13 years in prison. The two defendants convicted 
of "organizing a group and instigating the perpetration of 
human trafficking" were sentenced to 10-13 years in prison. 
Others convicted of migrant smuggling received prison 
sentences up to 7 years. 
 
4. (SBU) U.S. mission staff observed the court proceedings on 
several occasions and assessed them as having met 
international standards.  The presiding judge maintained 
courtroom discipline, while the prosecutor effectively used 
evidence obtained through special investigative methods, 
including photographic and personal surveillance data and the 
testimoney of a cooperating witness, to win the convictions. 
 
COMMENT 
 
5. (SBU) COMMENT: The newly passed wiretap law and the 
trafficking convictions mark important steps forward in 
Macedonia's fight against organized crime and the 
government's efforts to strengthen the rule of law.  Our 
USG-funded adviser on organized crime will assist the 
Ministry of Interior in developing the bylaws and regulations 
needed to ensure the wiretap law is implemented in a manner 
consistent with international law enforcement standards. 
 
6. (SBU) The successful investigation, arrests, convictions 
and sentencing in the TIP trial demonstrate close 
coordination between the various branches of Macedonia's law 
enforcement institutions, and reflect the positive impact of 
recently-enacted judicial reforms that support Macedonia's 
NATO membership requirements.  We will work with the GOM's 
anti-trafficking secretariat to ensure continued concrete 
steps to demonstrate the government's will to effectively 
combat TIP. 
MILOVANOVIC