Case Law Database

Drug offences

Offences

• Distribution/ delivery/ dispatch/ transport
• Importation/ exportation

Substances Involved

• Cocaine

Participation in an organized criminal group

Operation: Drug trafficking case

Fact Summary

The organized criminal group was mainly involved with trafficking of cocaine from Latin America, particularly from Bolivia.
The group was lead by E.P. who had a number of contacts with traffickers from Bolivia. For a period of time he lived in Bolivia, where he kept in touch with the traffickers. He was the one providing cocaine from Bolivia.

He used to hide the cocaine, which varied between 10 – 20 kg, in foodstuff coming from Bolivia as producer country, mainly rice. The trade firm “D-Cont” was used as a purchaser. The company was registered under the name of D.B. who was a member of the group.

The company was used only to order the goods, but didn’t have real trade activity.

The containers went through the following sea itinerary: Santa Cruz, Bolivia – Rotterdam, Holland, Malta – Durres Albania.

D. B was used only as the owner of a legal company ordering the foodstuff, mainly rice.
E. S. was used for other actions after the goods arrived to the port of Durres, Albania. He dealt with the customs, accompanying the load to the destination, which was mainly in the suburb of Tirana, far from the living area. He dealt with the extraction of the cocaine from the load and its hiding. Later on the rice was sold at the market for a low price.
The cocaine was hidden inside the wooden pallets that kept the rice loading.

Dutch custom's authorities of Rotterdam port confiscated 8 kg of cocaine hidden in the wooden pallets of a rice load, inside container no.TGHU3497963, destination Durrësi Port, Albania.

Both countries' prosecutor's offices agreed to conduct controlled delivery for this load, replacing the narcotics with a similar substance, leaving an amount of just 10 gram.

On 28.10.2010 the above mentioned container arrived on board the boat "ALEMANIA" at the port of Durrës. Through investigative and police actions the company who ordered the load was identified, which was "D-Cont" with the legal representative D. B. (alias Ago), and the persons dealing with the custom's clearance of this load, citizens E. S. and E. P.

In cooperation with custom's authorities, continuous container's surveillance became possible. On 02.11.2010 the load transited from Durresi to Tirana Customs, where the clearance was made by E. P. and E.S. Afterwards, E.P. asked E.S. to accompany the container to the right place to unload. The latter with the vehicle TR 3936 S accompanied the container into a living area, into the first floor of a building still in construction. Before this he had contacted 4 persons who would unload the rice and sent them the place of the above mentioned vehicle.

At around 5 PM the unloading began. When the workers put the sacks in the storehouse, E.S. dismantled the pallets and took the parcels wrapped with adhesive and put them in his vehicle TR 3936 S.

All the actions were monitored by the police, and around this time the operation was finalized. E.S. was arrested in flagranti delicto in the moment he was taking the parcels. A few minutes later E.P. was arrested in his apartment.

The container with 15 tons of rice was confiscated, together with 26 parcels wrapped with brown adhesive, an amount of 10 g cocaine, a pistol model 56 (captured from E.S.), 35 pistol bullets (found while D.B.'s apartment was searched), a passport in the name of S.G. but counterfeit with the picture of E.P., and his passport as well with the no. Z2187674. In this passport a number of Bolivian stamps and visas were found.

Commentary and Significant Features

It was a very important case, as a criminal group trafficking cocaine from South America to Albania was investigated.

Albania is not problematic for cocaine trafficking, but these cases show a new tendency of criminal groups being involved in this criminal activity.

This case was a good practice of international cooperation. The operation was successfully completed when 2 of 3 organizers of the trafficking were arrested, the narcotic substance was confiscated and all of the criminal activity was documented.
It was also a good practice in the time of the information exchange between law enforcement agencies involved in this operation.
This was achieved thanks to the use of direct channels of communication, as liaison officers, the offices of international cooperation in the respective prosecutor, etc.
During this direct communication some legal difficulties have been overcome.

Author:
UNODC

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)
• legal persons

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Bolivia (Plurinational State of)

Netherlands (Kingdom of the)

Malta

Albania

Investigation Procedure

Special investigative techniques

• Controlled delivery
• Undercover operation(s)/ Assumed identities/ Infiltration

Comments

Special investigation means were taken, like sequester of the trade company “Denis Continental”; bank accounts were frozen of the above mentioned persons; confiscation of some vehicles.

 

International Cooperation

Involved Countries

Netherlands (Kingdom of the)

Malta

Measures

• International law enforcement cooperation (including INTERPOL)

Outline

The case began with a request of the Dutch party, through a notification to the Albanian General Prosecutor’s Office on the confiscated narcotics. Later on it was agreed to use the special mean of investigation “Controlled delivery” .

Different bodies were involved in the case: Dutch customs and Prosecutor’s Office, Malta Police and the Albanian Police and Prosecutor’s Office.

For this case communication channels of the General Prosecutor’s Office with the three countries Holland, Malta and Albania were used.
At the same time, the liaison officer of Holland in Albania was involved to exchange information in real time.

 

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Defendants / Respondents in the first instance

Defendant:
E.P.
Gender:
Male
Nationality:
Albanian
Born:
1973

Son of S and M, born on 11.03.1973 in Tirana, living in – Tirana, rruga “Him Kolli”, high school education, not convicted before, married

Defendant:
D.B. (alias Ago)
Gender:
Male
Born:
1986

Son of J and S, DOB 01.01.1986, born in Skrapar, living in Tirana

Defendant:
E.S.
Gender:
Male
Nationality:
Albanian
Born:
1987

son of H and MY, born on 07.06.1987, living in Tirana, “rruga “Kongresi i Manastirit” nr.46/3, Elementary education, not convicted before, single, unemployed