Base de données Jurisprudence

Infractions liées aux drogues

Infractions

• Importation/ exportation
• Culture/ production/ fabrication
• Achat/ possession

Substances impliquées

• Cocaine

Participation à un groupe organisé

Infractions

• Entente en vue de commettre une infraction grave

Trafic d’armes à feu

Infractions

• Fabrication illicite
• Trafic illicite

Types d’objets

• Armes à feu

Autres crimes

Détails

  • Violent sexual offenses;

  • Conspiracy to commit a crime;

  • Murder;

  • Aggravated murder;

  • Extortion;

  • Forced displacement;

  • Aggravated robbery; disturbance of possession of properties;

  • Damage to natural resources; environmental pollution;

  • Management of resources for terrorist purposes;

  • Simple kidnapping and kidnapping for ransom

 

Operation: BACRIM

Résumé des faits

Criminal Organization:

BACRIM, drug trafficking organization lead by [A].

Financial Implications: This criminal organization controlled the cocaine production and trafficking routes from the eastern plains to Venezuela, Central America, United States and Europe. The proceeds of these illegal activities were invested in farms dedicated to livestock and the maintenance of the criminal organization ERPAC.

The financial projection of the departments that make up the eastern plains of Colombia points to an important oil industry, a situation that has affected the behaviour of early deployment and territorial expansion of ERPAC into these regions. They have done this through the acquisition of property in the name of frontmen, consolidating a strategic area that represents an alternate way for financing.

The majority of the profits derived from drug trafficking were being reinvested in the purchase of lands in Meta and Vichada with a triple gain: 1) laundering money earned through drug trafficking, 2) strengthening strategic geographical areas in relation to different crimes, acting as corridors for mobility and/or strategic location of ringleaders, and 3) financial access to the exploitation of natural resources.

Modus Operandi:

Use of ‘spotters’: method where unarmed individuals are equipped with cell phones and radios to warn of authorities’ movements.

Recruitment: incorporation of demobilized individuals from the FARC, Fronts 16 and 39, and individuals trained in combat techniques and drug trafficking areas

Areas of Influence: spaces that allow the free entry of dealers, who act as facilitators in the production of coca base and appealing to coca base growers.

Treatment of civilians: Avoiding the displacement and neglect of coca crops, while at the same time decreasing the chances of complaints being taken to the authorities.

Armed Activities: An order to mid-ranking individuals to avoid confrontations with the security forces.

Continuous rotation: Rotation of mainly "spotters" to minimize the chances of people informing the authorities, making investigative and intelligence work more difficult.

Permeability strategies: persistence from the criminal networks in generating approaches with the authorities in exchange for financial compensation.

Finance: some members are responsible for the purchase of coca base, becoming its exclusive economic source and narrowing their link to drug trafficking activities

As a result of intelligence work and the creation of joint operational efforts between the DIJIN, DIRAN and DIPOL, the National Police of Colombia and the Colombian Air Force, it was possible to carry out an helicopter assault operation over the drug trafficking organization ERPAC, after the death of [B] and alias [C] during a police operation, achieving the capture of 10 other people, among them alias [D].

The operation ended when the body of the leader of the criminal organization was found at the sidewalk of Sabanas of Candelaria. This person was known for his criminal activities linked to homicides, among them the a mass murder in the town of Mapiripan, and death of Miguel Arroyave, another prominent criminal who took part in the defense in the Eastern Plains of Colombia.

U.S. drug authorities were carrying out the process of extradition on the grounds of drug trafficking. The defendant was included in the list of the country’s most wanted criminals, with up to $ 5,000,000,000 reward for his capture.

Commentaire / Faits marquants

The neutralization of alias ‘Cuchillo’ allows for the fracturing of drug trafficking alliances between BACRIM ERPAC and FARC in the Eastern Plains of Colombia. It also reduces the production and shipment of cocaine into Venezuela, Central America, United States and Europe.

This case constitutes an important precedent in the execution of operations against criminal gangs, providing a model for integrated operations between the National Police and military forces. This model will be used to tackle drug trafficking organizations across the country and neutralize their criminal activities.

Auteur:
UNODC / United Nations Online Volunteers

The translation of this case was kindly prepared by United Nations Online Volunteers

Questions transversales

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité impliquant

• Auteur principal (d’une infraction)

Commission d’une infraction

Détails

• Impliqué dans un groupe criminel organisé (Article 2(a) CTOC)
• Produite dans un (ou plusieurs) des frontières internationales (transnational)

Pays concernés

Venezuela (République bolivarienne du)

Colombie

États-Unis d'Amérique

enquête

Techniques spéciales d'enquête

• Surveillance électronique ou autres formes de surveillance

Observations

The intelligence work and creation of a joint operational effort between the DIJIN, DIRAN, DIPOL, the National Police of Colombia and the Colombian Air Force, was able to produce the location and neutralization of [B], alias [C], and the capture of ten other criminals who were part of the organization, including alias [E], second in command of BACRIM.

 

Coopération internationale

Pays concernés

États-Unis d'Amérique

Mesures

• Extradition
• Entraide judiciaire

Résumé

The U.S. anti-drug authorities carried out the legal proceedings for the extradition of the individual, for the crime of drug trafficking.

 

Informations sur la procédure

Système juridique:
Droit civil
Type d'Action Juridique:
Criminel / pénal
 

There are approximately twenty judicial processes in five departments being carried out for the crimes of: violent sexual offenses; trafficking, manufacture or possession of narcotics; conspiracy to commit a crime; murder; aggravated murder; manufacture and trafficking of firearms or ammunition; extortion; forced displacement; aggravated robbery; disturbance of possession of properties; damage to natural resources; environmental pollution; management of resources for terrorist purposes; simple kidnapping and kidnapping for ransom.

 
 

Défendeurs / Répondants de la première instance

Prévenu:
[A]
Sexe:
Homme

Leader of the drug trafficking organization BACRIM

Prévenu:
[B]
Prévenu:
Alias [C]
Prévenu:
[E]

Second in command of BACRIM.