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After many consultations and exchange of experiences with representatives of South-eastern European cooperative initiative Center for combating trans border crime in Bucharest Republic of Romania, especially at the meeting of task force for combating the financial and computer crime, organized with assistance of SECI Center, on 30th of January and 1st of February 2002 in Skopje in cooperation with representative of Ministry of Justice of USA -Prosecutor Mrs. Margaret O. Donnell, which is observer in the SECI Center in Bucharest, General Public Prosecutor of the Republic of Macedonia held a meetings on which concluded that on the issue of the Witness Protection are interested all other members of SECI Region and that there is a need of Regional meeting-Task Force of Public prosecutors representatives of Public Prosecutions of the SECI Region. This meeting were preliminary arrangements for initiation of a some kind of Work Group, and after this General Public Prosecutor of the Republic of Macedonia with letter addressed to the South-eastern European cooperative initiative Center for combating trans border crime in Bucharest Republic of Romania. This initiative is
addressed to the global expansion of crime, especially organized
crime and terrorist activity in the region which demands a strong,
cohesive, strategic, response from law enforcement. Especially that
often used as source or transit countries for organized crime, the
countries of the region are extremely vulnerable to the devastating
effects of this activity and unchecked, organized crime can destabilize
a nation by corrupting government officials, legal and financial
systems. Having this in mind Public Prosecution of the Republic
of Macedonia thought that with developing of regional strategy related
with suppression of this activities, countries of the region should
use their potentials and talents from their own legal systems, conjoint
the law enforcements and offer a real protection of the countries
and their citizens against the devastating effects of the organized
crime. Public Prosecution of the Republic of Macedonia thought that
only with promoting of this kind of Project- Witness Protection
is based successful detection, inquisition of the organized criminal
groups and their criminal activities. This meeting is the first and unique project in region on this theme and it's a unique arrangement of this kind of protection with a goal to view the meaning and need of this kind of program. On this meeting attended General Prosecutors and their deputies so there were representatives from Republic of Albania-General Prosecutor Mr. Theodor Solaku, Director of Direction for combat the organized crime Mr. Zamir Stilija, Director of direction for International cooperation Mr. Ardian Visha, from Republic of Bulgaria General Prosecutor Mr. Nikola Filcev, from Republic of Greece Deputies of Public Prosecutor Mrs. Stavroula Koutulaku and Mr. Athanasios Kafris, from Fedral Republic of Yugoslavia Federal Public Prosecutor Mr. Stanisa Radak and General Secretary Mr. Milisav Vragolic , from Italy representative from Direction on ant mafia of Naples Mr. Salvatore Sbrici, from Romania Deputy Prosecutor Mr. George Balan, from Croatia Mrs. Dunja Pavlicek Patak, from Slovenia Supreme State Prosecutor Mr. Franc Mazi, from Montenegro General Prosecutor Mr. Zoran Piperovic, General Secretary Mr. Nenad Vujosevic all representatives members of the South-eastern European cooperative initiative Center for combating trans border crime. On the meeting attended high representatives from the Council of Europe-Mr. Alexander Seiger-Program Advisor and representative from the European Commission Mr. Dominique Laprand. As guests on the meeting were invited representatives of the international organizations and diplomatic missions in Republic of Macedonia representatives from the Embassy of USA Mrs. Barbara Carlyn-Resident Law Advisor, Mrs. Kristina Karanakova-Legal assistant, representatives from the IOM mission Mr. Vladimir Danailov, President of the Supreme Court of the Republic of Macedonia, President of the Republic Court Council, President of the Macedonian Bar Association and all Head Local High and Basic Public Prosecutors in Republic of Macedonia. The meeting was opened by Mr. Zoran Krstevski-vice president of the Government of the Republic of Macedonia, and regarded by Minister of Interior, President of the Macedonian Bar Association and Director of the Legal Department of SECI Center. All representatives from different countries discussed together with the representatives from the Council of Europe and European Commission and motivate the situation in their legislation meaning that there is not yet any legal Acts on Witness Protection. The Meeting has focused on discussions on following subjects: - the operational proposal by the SECI Center concerning witness protection; - preliminary draft of a regional Witness Protection Program; - the role of the Public Prosecutor in regional operations, connected with the law enforcement and the execution of penal sentences.
Presentation on the Project on Witness Protection was made by: · Ministry
of Interior of the Republic of Macedonia by Mr. Sofrevski Spase-undersecretary; Presentation on the Maintaining prison penalty for severe type of crimes was made by: · Ministry
of Justice of the Republic of Macedonia by Mr. Dragi Celevski-State
secretary and General Prosecutors recognizing the ability of a witness to give testimony in a judicial setting, or to cooperate with law enforcement investigations, without fear of intimidation or reprisal, is critical to the maintenance of justice in any civilized society, accept that this meeting should be a first stadium, faze of preparations for a Regional Agreement on Witness Protection, for more efficient eradication of the organized criminal groups acting in this region. On this meeting were adopted recommendations that conjoint Project on Witness Protection is one of the imperatives to ongoing mutual cooperation of SECI Member Countries in the investigation and prosecution of trans-border crime, particularly organized criminal activity; A Regional Agreement
on Witness Protection must be developed as one of the initial steps
towards the process of harmonization of Criminal Procedure in accordance
with the EU legislation and best practices; It is recognized from the outset of this Agreement that countries in the region have diverse legal and immigration systems. Yet, each country of the region should recognize, at a minimum, the following levels of protection: o Protective Detention Each country shall pass domestic legislation criminalizing the knowing disclosure of information regarding a protected witness by those entrusted with the legal authority and access to information; Each country shall identify a prosecutor or group of prosecutors to advise and counsel the investigations of the SECI Center task forces, targeting specific organized crime activities as a means of achieving the final judicial epilogue against organized criminal entities and understanding the nature of the threat against the witness; The prosecutors identified by each country shall form a regional advisory group, meeting on a regular basis, in order to identify needed domestic and regional legislation, or harmonization of existing legislation, and will forward such recommendations to the appropriate national Ministers; Consistent with international human rights conventions, each country shall ensure adequate protection to the witness and any family members, dependents or close relatives that may be endangered by the witness' cooperation with law enforcement authorities; Public Prosecutors shall be aware of, and seriously take into consideration, the essential criteria established for admission into regional protection measures, including the Memorandum of Understanding signed by the witness seeking protection; Respecting the international rules of Data Protection and Privacy, the SECI Center shall receive the requests for protection and effectively and efficiently distribute those requests to all other participating countries for consideration; The SECI Center will provide the venue for an annual regional meeting of judicial officials and law enforcement directly involved in Witness Protection. This annual meeting will provide and publish current information on best practices and assess training needs as appropriate. After this meeting
Director of SECI Center said that Center shall disseminate the Recommendations
to the Ministries of Justice of each member country, to the Stability
Pact, Council of Europe, Europol and Interpol.
PUBLIC
PROSECUTION OFFICE OF THE REPUBLIC OF MACEDONIA
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