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

犯罪

• 约定实施严重犯罪(共谋)

其他犯罪

Caso ELENA

事实梗概

The modus operandi of the criminal organization was to create a logistics structure formed by an illegal (unregistered) company that would offer freight transportation services from Central American countries into Mexico and vice versa. This company would bring together other similar companies as its subsidiaries, created by straw men employed by the creator of the first company. Freight service vehicles were registered to the straw men, although the documentation and management of the vehicles was handled in El Salvador, at the location of the first company. Simultaneously, drivers and workers from different nationalities (except Salvadorian) were hired and appeared to be working for the straw men, when they were actually being paid by the head of the organization.

These were the drivers who were caught transporting large shipments of drugs in vehicles registered to the head of the criminal group and its straw men. The confiscations took place between 2004 and 2008 in Costa Rica and Nicaragua. Initially it did not appear that the operations were linked to the head of the organization, but further investigations  proved otherwise. Six drug confiscations and one money confiscation were carried out, amounting to 3.800 kilograms of cocaine and $2.219.000 that were intended to be taken from Costa Rica to Mexico, passing through Salvadorian territory.

The case was initiated after an exchange of intelligence information between Drug Control Offices in El Salvador, Nicaragua and Costa Rica, due to the sporadic drug confiscations carried out by authorities between 2004 and 2008 in Nicaragua and Costa Rica. After intelligence was gathered, the investigation focused on the organization itself, which involved certification of court records in the countries where the confiscations had taken place, as well as verification from local authorities. After the participants in every event were identified, a request was made to the Ninth Local Court (Tribunal Noveno de Paz) in San Salvador, which ordered the members of the criminal organization to be detained and their properties to be seized; in total 60 freight vehicles, fifteen bank accounts, and luxury vehicles and property.

Requests were made for the certification of administrative and judicial processes carried out in neighbouring countries, and were supplied by the appropriate authorities. Although there was coordination between authorities, some certificates and investigative proceedings were not sent in the requested timeframe nor with the necessary requirements for their use in court. Although additional support was requested, there was a lack of diligence in the investigation. Currently the authorities have ordered the main defendant and leader of the criminal group to be taken to trial for six counts of drug trafficking, one count of smuggling and one for being part of an illegal organization.

评注和重要特点

This case revealed the efforts carried out by the Salvadorian authorities against criminal groups who aim to become part of the drug cartels based in Mexico, which use the Central American territory as a route for trafficking illegal substances.

The disbandment of the organization was part of a national effort to prosecute members of similar criminal groups that operated in the western part of the country, each having criminal specialties tied to organized crime (money laundering, illegal trafficking, smuggling and tax evasion). 

a) Successful Aspects:
- Obtaining court papers, which facilitated the verification of the existence of a crime (Expert Reports, Records of Confiscations and Certification of Witness Statements);

- Obtaining new evidence.

b) Aspects that need improvement:
- Slowness in the documentation referral process.

- Incomplete responses to the requests submitted for Judicial Cooperation (some of the requests were never answered)

- Appointment of the Attorney General of the Republic of El Salvador as central authority to the implementation of the provisions on the UN Convention against Transnational Organized Crime. 

Significant Features of the Case:

Ability to investigate: This process poses a challenge for the Salvadorian justice system in relation to its capacity to prosecute criminal groups who have already accumulated financial wealth. This further demonstrates the basic resources and knowledge the institutions have in order to carry out these types of investigation.

Legal discretion: The process has created a legal basis that will be used in future investigations.

Cooperation tools: The investigation stage allowed for the evaluation of the efficacy of the international legal instruments of cooperation related to organized crime investigations, identifying weaknesses that require urgent action.

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

... 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

萨尔瓦多

尼加拉瓜

格斯达里加

巴拿马

洪都拉斯

危地马拉

墨西哥

侦查

所涉机构

• National Civilian Police - Elite Division for Organized Crime
• Specialized Public Attorney’s Unit on Organized Crime

特殊偵查手段

• 电子或其他形式监视

评论

Fixed, mobile and electronic surveillance

Use of the INTERPOL database (Red Notice for fugitives)

 

国际合作

所涉国家

危地马拉

尼加拉瓜

格斯达里加

多边条约

• United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

措施

• 司法协助
• 国际执法合作(包括国际刑警组织)

概览

International exchange of information on intelligence

Cooperation based on the Palermo Convention in order to obtain information for investigative purposes and authentic documents and certificates used as evidence

Reciprocal Legal Assistance, Art. 7 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

The following was requested from the States involved:

a) Certification of legal, fiscal and administrative files,

b) Witness interviews

c) Certified customs, bank and official documents

d) Property and legal action reports

e) Location of the main defendants.

In order to carry out this investigation, the collaboration of the Public Prosecutors and Police Forces from Guatemala, Honduras, Nicaragua and Costa Rica was required. These States separately carried out cocaine hydrochloride confiscations and arrests of lower ranking members of the criminal organization.

 

程序步骤

法律制度:
民法
最新的法院:
初审法院
诉讼类型:
刑事的

During the process, the Office of the Attorney General requested assistance from different central American agencies, mainly to find witnesses in order for them to later testify in Salvadorian courts. Assistance was also required as the investigation progressed, requesting different police, ministerial or legal actions related to the investigation.

The Salvadorian National Civilian Police, in turn, coordinated with different police agencies in the region to locate the defendants, which resulted in the capturing of the leader of the criminal organization in Honduras. He was later transferred to a Salvadorian criminal court.

The defendants were charged with:

Charge 1: Illicit Trafficking (Article 33, Regulatory Law for Drug Related Activities) Verdict.

Charge 2: Preparatory Acts, Proposition, Conspiracy and Criminal Association (Article 52, Regulatory Law for Drug Related Activities)

Charge 3: Criminal Groups (Art. 345 of the Penal Code)

Charge 4: Smuggling of merchandise and concealment, forgery or destruction of fiscal information (Articles 14 and 23 of the Special Law to Sanction Customs Violations)

 
 

被告/ 初审被申请人

被告:
Reynerio de Jesús Flores Lazo
被告:
Daisy Aracely Fuentes Cruz
被告:
Bernardo Ricardo Varela Araniva
被告:
Víctor Antonio León Benavides
被告:
Santos Mauricio Rodriguez Reyes
被告:
María Elena Nuñez Montes
被告:
Félix Medardo Mungúía Chevez
被告:
Juan Francisco Altamirano
被告:
Jaime Rodolfo Pérez Artola
被告:
José Hernan Miguel Melgar Escobar
被告:
Pablo Ramón Torres Reyes
被告:
Eusebio González Hernández
被告:
Tulio Griseldo Lemus
被告:
Oscar Gerardo Wolfgang Ramírez
被告:
Luis Eduardo Venegas Mora
被告:
Sonia Elisa Gómez