The organized criminal group consisted of 9 persons specialized for migrants smuggling from Serbia (area of Kosovo and Metohija) towards European Union. An investigation and criminal charges included a total number of 11 persons.
The above mentioned OCG in conspiracy and mutual coordination organized illegal border crossings to the other countries of the region, primarily towards European Union member states. For the organization of illegal border crossings emigrants were paying from 6000 to 8000 EUR (depending on the number of members of the family and destination).
Destination locations were France, Germany and Switzerland. The route started in thr areas of Kosovo and Metohija (administrative check point Konculj) – Bujanovac – Vranje – Leskovac – Niš – Beograd – Subotica (Serbia) – Martonoš – bank of the river Tisa – Republic of Hungary and estimated destinations in Austria and elsewhere in the European Union. Four vehicles were used for the transportation from Bujanovac (South Serbia) to Subotica (North Serbia), and this activity was organized by 6 persons from area of the town of Bujanovac. The OCG engaged several persons to “watch around” and alarm in case the police shows up.
On the day of October 14th, 2009, illegal migrants were put onboard a boat of unknown origin, on the Serbian bank of the river Tisa, trying to reach the Hungarian bank. During the illegal border crossing, the boat sunk into the river Tisa and 15 persons – illegal migrants – drowned. 11bodies were founded and identified, while 4 victims were never found, and 3 illegal migrants survived.
After the criminal offence was committed, members of the OCG were engaged to cover it up.
Serbia
Hungary
Austria
Slovakia1 apartment, 1 house, 1 business premise, 2 vehicles and incomes/revenues
In the course of investigation following conventional and special investigative measures were applied:
Surveillance of the phone communications of 20 persons; 100 interviews were carried out with persons from the territory of Subotica and Bujanovac (Serbia) and more than 72 hours of video material from pay-tolls along the Corridor 10 were reviewed, under presumption of alleged route of illegal migrants’ movement.
Polygraph examination was conducted with 20 persons from the territory of Subotica, Kanjiža and Novi Kneževac in order to check their alibi and possible involvement in criminal offences.
More than 100 targeted toll records of telephone communications were requested in order to provide evidence in the criminal proceedings, as well analysis of about 1000 toll records of telephone communications between persons for whom there was an indication of criminal offence involvement; expert examination of mobile phones and SIM cards; 3 persons significant for solving and proving criminal proceedings were interviewed in the capacity of witnesses; dozens of statements of persons who could contribute to solving the case – 7 persons gave their statements in the capacity of witnesses in the criminal proceedings in relation to investigation of the tragic event itself, as well related to connection between perpetrators or modus operandi of the committed offence.
Based on the rogatory letter sent by the Prosecutor’s Office for Organized Crime for Mutual Legal Assistance, one of the main witnesses of committed criminal offences was interviewed in the territory of Austria.
By the order of Prosecutor’s Office for Organized Crime from March 2011, Financial Investigations Unit of the Service for Combating Organized Crime initiated financial investigations against the organizer of the OCG and other members of the group (total number of persons: 11). During the financial investigation, checks were performed for total number of 25 (twenty five) persons (11 from the initial request and 14 related to them). Following property was identified: 1 apartment, 1 house, 1 business premise, 4 vehicles and incomes/revenues of mentioned persons. Of these all, except 2 vehicles and incomes, was already seized.
HungaryAustriaThe chain of smugglers was the part of the large OCG operating in Hungary, Austria and Slovakia infringing the legal systems of many countries; some of the perpetrators were of foreign origin and citizenship, and for this reason many working meetings were held in the presence of the Deputy Prosecutor for Organized Crime: November 12, 2009, April 14, September 14, 2010, February 3, 2011 in Serbia, March 18, 2010 in Budapest. Exchange of data was successful because it led to the identification of perpetrators in this particular crime case with 18 victims. All meetings were supported by SECI Centre with HQ in Bucharest, Romania. Channels of communication were: Interpol, SECI Centre, Liaison Officers and direct police-to-police communication based on bilateral agreements.
Parallel with these channels, official communication via mutual legal assistance mechanisms between Prosecutor’s Office for Organized Crime and judicial authorities of other interested countries was carried out.
Police officers of the Ministry of Interior of Serbia, Service for Combating Organized Crime, after many months of constant operational activity and collecting information, coordinated by the Prosecutor for Organized Crime, on February 27, 2011 arrested all members of OCG, created to commit illegal crossing of state border and smuggling of migrants, with evidences of their criminal responsibility for 18 illegal migrants, Albanians from Kosovo and Metohija: 9 of them children, whose illegal transportation over the river Tisa they attempted in the day of tragedy October 14, 2009, when 15 drowned in the cold river water.
Department for Organized Crime of the High Court in Belgrade
The significance of the case refers to a large number of victims: 15 dead persons as well circumstances which triggered classic reactive investigation demanded very comprehensive methodology of evidence gathering, particularly data and evidences from EULEX investigation in area of Kosovo and Metohija, collecting statements of survived witnesses and other witnesses of committed crime, necessity of MLA to collect sufficient evidences, etc.
Particularly interesting was gathering of supporting evidences from recordings of video-surveillance along the route of illegal migrants’ movements – more than 72 hours of video material from pay-tolls along the Corridor 10 was reviewed, in the light of assumed route of illegal migrants’ movement.