判例法数据库

毒品犯罪

犯罪

• 进口/ 出口

所涉物质

• Cocaine

参与有组织集团

OPERACIÓN GUADAÑA

事实梗概

Organized criminal group:
The criminal organisation was involved in cocaine trafficking, transporting the drug in containers.

The network, made up predominantly of Colombian and Mexican nationals, used different Spanish ports to smuggle cocaine into the country. Its members included businessmen without any previous links to drug trafficking, who through their habitual commercial import and export activities between Argentina and Spain were able to guarantee the shipping of the cocaine, concealed amongst thousands of boxes of apples they sent every year.

The network carried out its illicit activities through companies engaged in the import and export of apples between Argentina and Spain, using their commercial activity to remain undetected.

They worked with both Argentinian and Spanish companies.

The Spanish businessmen were not only owners of the fruit companies but also the freight company, and in this way were able to move the containers through Spain.

According to the indicators established by Europol and the United Nations Convention against Transnational Organized Crime, this qualified as an organized criminal group.

Description of the operation:

The operation was divided into two phases. The first began with the seizure of 202 kg of cocaine hidden amongst a load of scrap metal in a container arriving at the Port of Barcelona. In this first phase, 15 people were arrested.

Amongst those arrested in this first phase was a senior staff member of the Port of Barcelona, who used his position to facilitate the trafficking operation.

The criminal group was comprised mostly of Colombian and Mexican citizens, who worked with groups of Spanish traffickers specialised in receiving cocaine in containers at different Spanish ports.

The group of Spaniards was responsible primarily for receiving and guarding the drugs, and later making it available to the South American company owners in Madrid. This group also included businessmen without any previous links to drug trafficking, who used their habitual commercial import and export activities between Argentina and Spain to ship cocaine.

They worked with companies in both countries, sending dozens of containers of apples annually; i.e., thousands of boxes in which packets of cocaine could be concealed.

The organisation sent thousands of kilograms of the narcotic substance during the first months of the year, taking advantage of the short period when apples are sent from Argentina to Spain. After this constant criminal activity during the winter, the group would rest until the following year.

Both the South American operators and the Spaniards would travel to Argentina to supervise the loading of the drugs into the cargos. One of the Spanish businessmen was even spending a large part of the year in Argentina, controlling each step from the outset.

So as to be able to strike against these organisations at both ends of the activities (origin and destination), thereby preventing the arrival of the drug to Spain, the collaboration of the Federal Police of Argentina was requested.

As a result of this collaboration, the Federal Police of Argentina and Brazilian law enforcement authorities were able to intercept two fruit containers in June 2010, specifically on the sixteenth and twenty-third days of the month. These had been sent by the organization’s company in Argentina, and were destined for Spain. Both declared apples as their legal cargo, and each container contained 1,700 kg of cocaine, a total of 3,400 kg. 

In addition to the drugs, 4,000,000 euros in cash, 5 leisure boats, several high end vehicles, 1 pistol, 1 revolver and various documents were seized.

评注和重要特点

This police operation demonstrates the importance of collaboration and international coordination between police and judicial authorities from numerous countries, given the transnational character of organized crime.

It also highlights the importance of international collaboration in confiscating the proceeds of such crimes once criminal groups have been detained.

Lessons learned regarding the improvement of this type of operation include:

- All countries involved should have police units specialising in the fight against drug trafficking in containers. This type of investigation should be conducted by specialised courts and public prosecutors.

- These courts, public prosecutors and police units should receive specialised training on the subject.

- These specialised units should have access to all existing databases, in order to be able to prepare risk maps. Access should be immediate and direct, without infringing on the security protocols regarding access, legality and the control of this information.

- The collaboration with other countries is very beneficial, allowing the corroboration of all available information in both source and receiving countries.

- The exchange of operational information at the international level should be strengthened and simplified. In order to exchange information rapidly with other countries, specific contact points should be created.

- Every operation against drug-trafficking should be followed up with an asset investigation of the detained, so that they can be deprived of all profits obtained through the illegal activity.

作者:
UNODC / United Nations Online Volunteers

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

交叉问题

责任

... 为了

• 既遂犯罪

... 作为涉及方

• 主犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

西班牙

阿根廷

巴西

侦查

没收和扣押

评论

In addition to the seized drugs, 4,000,000 euros in cash, 5 leisure boats, several high end vehicles, 1 pistol, 1 revolver and various documents were seized.

 

特殊偵查手段

• 电子或其他形式监视

评论

Investigative measures included: The analysis of police databases, a large number of documents, and criminal intelligence; surveillance, monitoring, phone tapping, and the sharing of intelligence with investigators with the involved countries.

Various technical investigation methods were used, such as surveillance cameras, phone tapping, tracking systems, vehicles for tapping and recording, beacons, surveillance, and tracking.

 

国际合作

所涉国家

阿根廷

巴西

措施

• 没收事宜的国际合作/資產追回
• 司法协助
• 国际执法合作(包括国际刑警组织)

概览

Contact was made with the Argentinian and Brazilian police forces to share the intelligence available, and to follow through on the seizure of cocaine in source countries.

Through the Spanish officials located in Argentina and Brazil, contact was made with the authorities of these countries to allow for better flow and exchange of information. These officials were responsible for the exchange of all the information necessary to ensure the success of the operation, which in this case involved the seizure of containers with cocaine in the source countries.

Police from Spain, Argentina and Brazil were involved.

 

程序步骤

法律制度:
民法
最新的法院:
最高法院

No information on the proceedings available.
15 persons were arrested in phase 1, and 17 in phase II of the operation.