Case Law Database

Drug offences

Offences

• Importation/ exportation

Substances Involved

• Cocaine

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group
• Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group

Operation STIHL

Fact Summary

OPERATION “STIHL” is emblematic of cases over the last few years. It was overseen by OCRTIS (French National Counternarcotic Office) in 2005. The case started with an open source “OS” who revealed the existence of a cocaine drug trafficking ring, with massive imports into Europe.

The French prosecutor brought a judicial response on « O.C. » Organized Crime activity grounds. The indictment included members in:

- A South American organization located in Colombia « 38 - treinta otcho » and in Venezuela.

- France and Spain

- Italy: criminal group in MILAN.

The Head of OCRTIS, with the agreement of the Public Prosecutor of Paris Court (JIRS - Specialized Interregional Jurisdiction), decided to start a JIT (Joint Investigation Team) with SPAIN. This  was the first successful JIT for a drug case between France and Spain.

150 kilos of cocaine were seized, of a value estimated at 300,000 Euros (without specific financial investigations).

The inquiry started with a written agreement from the French public prosecutor, during the preliminary stage of the proceedings.

On the Spanish side, the same practices were put into effect, with additional phone surveillances.

An undercover operation was implemented, with three agents from SIAT (Inter ministerial Assistant technical department).

Further assistance was provided by:

- BREC (Search and Intervention Team) from TOULOUSE.

- Gendarmerie and Emigration Police (PAF) airforces, surveillance by plane.

Technical French and Spanish groups worked together, using tracking devices. A Spanish team in the field coordinated with the French investigation team.

Commentary and Significant Features

This case was important for several reasons:

- It involved drug trafficking (cocaine imports) from Colombia to several countries of the EU (France, Spain, Italy)

- The transnational organized group was combatted with a new investigation framework: Joint Investigation Team (JIT)

- This case involved the first JIT for a drug trafficking case

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory
• organiser/director

Offending

Details

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

Involved Countries

France

Spain

Italy

Colombia

Investigation Procedure

Involved Agencies

• French National Counternarcotic Office

Special investigative techniques

• Electronic or other forms of surveillance
• Undercover operation(s)/ Assumed identities/ Infiltration

Comments

The judicial investigation was led on three levels:

- French classical inmvestigation (preliminary frame or rogatory commission)

- French investigation with undercover operations.

- French & Spanish investigation in a JIT (Joint Investigation Team).

The Investigation was simultaneously conducted in both countries (France and Spain), on both territories.

Seizure of money, cars, drug, weapons helped the investigation.


Additional investigative measures:
- Use of the INTERPOL database

- Tracking devices

- Air surveillance (helicopter and plane)

 

International Cooperation

Involved Countries

Spain

Measures

• International cooperation for confiscation/asset recovery
• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)

Gender Equality Considerations

Details

• Gender considerations
• Female principal offender

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 

Defendants / Respondents in the first instance

Defendant:
Seanyn AVILA –SERRATI
Gender:
Female
Nationality:
Brazilian
Born:
1973
Defendant:
Victor MARINA-MARCELLES
Gender:
Male
Nationality:
Spanish
Born:
1973
Defendant:
Xavier CAMPO
Gender:
Male
Nationality:
French
Born:
1968
Defendant:
Darius DABROWSKI
Gender:
Male
Nationality:
Polish
Born:
1971
Defendant:
Lilian MOURA
Gender:
Female
Nationality:
Brazilian / Swiss
Born:
1971
Defendant:
Andres Adolfo ISANOA-PEREZ
Gender:
Male
Nationality:
Colombian
Born:
1977
Defendant:
Diegue CAMPO
Gender:
Male
Nationality:
French
Born:
1963
Defendant:
Samuel José MORENO ACOSTA
Gender:
Male
Nationality:
Venezuelan
Born:
1979
Defendant:
Juan Felipe MEJIA BENARD
Gender:
Male
Nationality:
Colombian
Born:
1973
Defendant:
Damian RUIZ
Gender:
Male
Nationality:
Spanish
Born:
1968
Defendant:
Victor Hugo ESCOBAR SALAZAR
Gender:
Male
Defendant:
Alessandro MELA
Gender:
Male
Nationality:
French
Defendant:
Carlos Elias CASTRO
Gender:
Male
Nationality:
Peruvian
Born:
1954

Charges / Claims / Decisions

Defendant:
Seanyn AVILA –SERRATI
Charge details:

- In France and Spain, illegal importation, acquisition, possession, sale and transportation of controlled drugs (cocaine), between January and June 2005;

- In France and Spain, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Supplied controlled drugs (cocaine) to Samuel MORENO ACOSTA and Damian RUIZ RUIZ, instructed Juan Felipe MEJIA BENARD, contacted Victor MARINA MARSELLES, and ensured the supply of cocaine in June 2005;

- Illegal possession of controlled drug (cocaine);

Verdict:
Guilty
Term of Imprisonment:
8 years
Fine / Payment to State:
150000  Euro  (100,000-500,000 USD)

Final deportation out of France

Defendant:
Victor MARINA-MARCELLES
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs (cocaine) between January 2005 and June 2005;

- In France, looked for buyers in Italy, carrying 28,000 euros, and taking leadership in the drug transport process in Toulouse;

- In France, illegal acquisition, possession and transport of controlled drugs (73.94kg of cocaine) in June 2005;

Verdict:
Guilty
Term of Imprisonment:
6 years
Fine / Payment to State:
10000  Euro  (100,000-500,000 USD)

Final deportation out of France

Defendant:
Xavier CAMPO
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs (cocaine) between January 2005 and June 2005;

- In France, bought bags and a car meant to transport drugs, with Diegue CAMPO;

- In France, illegal acquisition, possession and transport of controlled drugs, in France (73.94kg of cocaine);

Verdict:
Guilty
Term of Imprisonment:
10 years
Defendant:
Darius DABROWSKI
Verdict:
Not Guilty
Defendant:
Lilian MOURA
Charge details:

- In France, illegal importation, transportation, acquisition and possession of controlled drugs (cocaine) on 18 June 2005;

- Participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs;

- Operated as the accountant of the organization, managing the money to be transferred once the drug was exchanged;

Verdict:
Not Guilty
Defendant:
Andres Adolfo ISANOA-PEREZ
Charge details:

- In France, illegal importation, transportation, acquisition and possession of controlled drugs (cocaine), between January and June 2005;

- Participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs;

- Recruited Damian RUIZ RUIZ in may 2005, to assure the transport of 50,000 euros for a suitcase of cocaine, and recruited Diegue CAMPO in June 2005, to assure the transport of 73.94kg of cocaine;

Verdict:
Guilty
Term of Imprisonment:
6 years
Fine / Payment to State:
100000  Euro  (100,000-500,000 USD)

Final deportation out of France

Defendant:
Diegue CAMPO
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Bought a car and bags meant to transport drugs and recruited a second driver (Xavier Campo);

- In France, illegal acquisition of controlled drugs, illegal possession of controlled drugs, illegal transport of controlled drugs, in France (73.94kg of cocaine) between January and June 2005;

- In Spain, illegal possession of a firearm: semi-automatic MAB22, long rifle, magazine with 10 bullets and a silencer, arms and ammunitions of the 1st and 4th category;

Verdict:
Guilty
Term of Imprisonment:
3 years
Defendant:
Samuel José MORENO ACOSTA
Charge details:

- In France and Spain, illegal importation of controlled drugs, illegal transportation of controlled drugs, illegal acquisition of controlled drugs, illegal possession of controlled drugs (70.5kg of cocaine), between January and June 2005;

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Participated in meetings with Seanyn AVILA SERRATI and Damian RUIZ RUIZ for drug and money exchanges, on the promise of 278,000 euros of payment in June 2005;

Verdict:
Guilty
Term of Imprisonment:
5 years

Final deportation out of France

Defendant:
Juan Felipe MEJIA BENARD
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- In France, illegal importation, acquisition, possession, transport and sale of controlled drugs (Cocaine; 140kg), between January and June 2005;

Verdict:
Guilty
Term of Imprisonment:
10 years
Defendant:
Damian RUIZ
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- In France, illegal transport, possession, acquisition and sale of controlled drugs (cocaine) in 2005;

Verdict:
Guilty
Term of Imprisonment:
4 years
Fine / Payment to State:
50000  Euro  (50,000-100,000 USD)

Final deportation out of France

Defendant:
Victor Hugo ESCOBAR SALAZAR
Defendant:
Alessandro MELA
Defendant:
Carlos Elias CASTRO
Charge details:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January 2005 and June 2005;

- In France, illegal importation of controlled drug (cocaine) with Seanyn AVILA SERRATI, Samuel MORENA ACOSTA, Andres Adolfo ISANOA PEREZ and Victor MARINA MARSELLES, and facilitated the consumption of cocaine;

- In Italy, research potential clients for 70kg imported drug (cocaine);

Verdict:
Guilty
Term of Imprisonment:
10 years
Fine / Payment to State:
200000  Euro  (100,000-500,000 USD)

Final deportation out of France