Organized criminal group, led by the organizer arrested in Serbia, was predominantly involved in drugs trafficking. The general modus operandi of the OCG was designed to distribute drugs through the chain of drug dealers, transfer the proceeds of crime abroad and launder money. The organizer of the OCG, Serbian citizen, was performing his activities, managing the whole OCG business from territory of Republic of Serbia, but no drugs was seized in the territory of Serbia. The chain of drugs trafficking consisted of branches connected to cities where drugs were transferred by ship or plane transportation such as: Amsterdam (The Netherlands), Antwerp (Belgium), Ravenna and Venice (Italy), Buenos Aires (Argentina), Santos (Brazil), Podgorica (Montenegro), Durban (South Africa), Malmö (Sweden), etc.
The mayor role of the OCG and its activities, managed by the leader was to distribute drugs (cocaine) in Europe and other destinations in the world. For the purpose of its criminal activity the OCG engaged mostly members of Serbian origin, but also others originating from various countries.
While committing criminal offences the OCG had assistance of other criminal groups, using secret means of communication, special language and code names for items and places, secretly gathering and meeting with other members of the group. Delivery of cocaine was mostly made in sea ports, but also using airports, hidden places or border crossing. The organizer also used and very much relied on his former connection and friendship with some of the members of the group. They have functioned through regular contacts and co-ordination in order to transfer drugs safely to their customers, and to bring back “dirty” money. Than they were sharing profit and investing the money in legal business.
صربيا
هولندا
بلجيكا
السويد
إيطاليا
الأرجنتين
جنوب أفريقيا
البرازيل
بولندا
الجبل الأسود712 kg of cocaine, 5 kg of heroin
A proactive investigation was conducted in this case by use of conventional police measures and special investigation techniques (SITs), as well including financial investigation and preventive security measures, such as freezing or seizing of assets.
In addition to available evidence, in this case Prosecutor’s Office for Organized Crime also proposed listening to and presenting as evidence recorded telephone conversations of defendants and examining a witness granted by the Court. In the course of proceedings, the Court presented evidence by taking testimony from witnesses sentenced in other (partner) countries. This accelerated significantly the pace of the criminal proceedings.
Total number of 39 targets and 227 telephone numbers were under interception during the course of investigation.
بلجيكاإيطالياهولنداالسويدالأرجنتينجنوب أفريقياالبرازيلبولنداالجبل الأسودIt is important that all procedural opportunities were utilized to establish effective and efficient cooperation during the Operation “Niva”. The were no joint investigation teams, but coordinated investigation activities and measures with partners represented efficient mean to overcome problems, usually inherent to the prosecution of organized crime with a strong international component.
Developed international cooperation between the prosecutors’ offices and the judicial authorities of other countries and representatives of international organizations and institutions is an important prerequisite for successful fight against organized crime, since organized crime is only in rare cases limited to national boundaries. For this reason, Prosecutor’s Office for Organized Crime from the very beginning of this case made efforts to develop international cooperation, at the regional level and beyond. Police used both Interpol channels, as well institutes of liaison officers of affected countries (in Republic of Serbia) and well established co-operation with them to perform swift necessary checks and transfer information particularly in cases of urgency.
Law enforcement authorities in the operation (police, prosecution and judiciary) intensively developed professional contacts and cooperation with their foreign counterparts in order to efficiently prosecute criminal offenders as well as to update their know-how. These contacts encouraged exchange of information and data not only on particular cases, but also on their respective legislations, including the exchange of laws and other legal acts, analytical materials, statistics and reports on organized crime and laundering of money acquired by criminal acts committed by organized criminal groups.
In this case law enforcement authorities of the Republic of Serbia had very positive experience with partner countries requested by MLA: in direct communication between Prosecutor’s Offices in charge, all requested materials and even more than just requested was received in 15 days. For the illustration, the same material was received via formal communication channels in 6 months from the request, i.e. direct communication shortened the procedure and speeded up the proceedings for more than five months.
Criminal proceedings began with the Request for Investigation submitted by the Prosecutor’s Office for Organized Crime in January 2010 to the Investigative Judge of the Special Department for Organized Crime of the Higher Court in Belgrade.
Judicial investigation by Criminal Proceedings Code of Serbia: during the investigation following procedural actions were undertaken:
1. All suspects were submitted to hearing.
2. Witnesses were interrogated.
3. Expert’s Opinion on DNA samples found on temporary seized firearms.
4. International Legal Assistance applied – mostly for the purpose of evidences collection.
5. Bank accounts freezing.
6. Search of rented vaults and seizure of the money.
7. Seizure of crime objects.
Financial Investigation: Order for financial investigation was issued in July 2010 and financial investigation is still pending. During its course, so far, checks have been performed by Financial Investigation Unit for total number of 17 (seventeen) persons (subject persons in the official request, as well third parties related to them). Following assets were identified up to now in the report submitted to the Prosecutor’s Office for Organized Crime: 5 apartments, 6 houses, 1 business premise, land surface 44,25a, 2 vehicles, money - 163.000 EUR; 148.973,82 RSD; as well incomes/revenues of subject persons. Assets related checks are to be performed also in partner countries, applying provisions related to international co-operation within financial co-operation stipulated in the Law on Seizure and Confiscation of Proceeds from Crime (Chapter V, art. 50 – 61)
Indictment - January 2010
Acting Prosecutor has raised an Indictment 6 months after the beginning of investigation for the criminal offences - criminal charges were pressed against 5 persons of who 3 were in custody and two at large. Meanwhile, two persons which were at large were arrested in Montenegro and extradited to Serbia.
Two defendants who were at large were arrested in Montenegro and extradited to Serbia.
Legal base for extradition was a bilateral Extradition Treaty between the Republic of Montenegro and the Republic of Serbia.
Montenegrin authorities allowed for one of defendants to be prosecuted for both criminal offences for which he was charged (Unlawful Production, Possession and Circulation of Narcotics and Criminal Alliance and Criminal Alliance), but in the case of other defendant they did not allow to Serbian authorities to prosecute him for the criminal offence of Criminal Alliance.
Organizer of the organized criminal group
Article 346 par. 1 and par. 2 Criminal Code of Serbia
Criminal Alliance
Article 246 par.2 in connection with par.1 Criminal Code of Serbia
Unlawful Production, Possession and Circulation of Narcotics
Article 348 par. 1 Criminal Code of Serbia
Illegal Possession of Firearms and Explosives
Operation “Niva” dismantled one of the most powerful criminal organizations active in areas of three continents, covering large number of countries. Planning, preparation and commission of criminal offences was followed by the transfer of proceeds from crime into legal property, usually affecting territories of many countries.
The investigation and prosecution of the OCG and its criminal acts, very complex and
complicated to prove, was only possible by means of joint activities of public authorities from Serbia and other countries affected by the criminal activities of the OCG. Criminal proceedings initiated with regard to such criminal acts very often require urgent police reaction, investigation activities and other activities to be conducted without delay. Successful prosecution of this case is of particular importance due to the fact that illegal production and trafficking in narcotic drugs is a very profitable activity and therefore the most frequent international activity of organized criminal groups.
In order to combat organized crime with success, it is necessary that all participants in the operations fully use all available means and capacities. Basic mechanisms of facing organized crime in Serbia, in the field of repression, have so far been based on the establishment and specialization of organizational units within the specific state agencies, using special investigative techniques, as well as to apply Law on Seizure and Confiscation of Proceeds from Crime.
The first two segments have to be reinforced, while the third and/or the latest segment should be implemented decisively, without making compromises and efficiently. Some important steps are being taken in the field of institutional strengthening. The most significant steps have already been made with the adoption of the Law on Public Prosecutor’s Office, as well with the adoption of the 2009 Law on Organization and Jurisdiction of State Bodies in Combating Organized Crime, Corruption and other Serious Crime, significantly enhancing the position of the Prosecutor’s Office for Organized Crime, defining it as one of the two Serbian prosecutor offices of special jurisdiction.
This was the first case where no drugs were seized in the territory of the Republic of Serbia, but the organizer of the criminal group was Serbian citizen, performing his activities, managing the whole OCG business from territory of Serbia. In this context, it was a real challenge for Serbian law enforcement authorities to initiate, develop and finalize the whole case since the main seizures and activities of the criminal group were carried out on the territory of other countries.