Prosecution on Intercepted Conversations Makes Its Way Through Existing System


Time: 10:53 p.m. CEST

The Public Prosecution formed as an institution to investigate criminal charges related to the content of the reported intercepted conversations complained on their official Facebook Page that several institutions refuse to cooperate with them. In the public statement this Prosecution, formed as a result of the July 15 Agreement, says that Agency for Real Estate, the Security and Counterintelligence Department of operational or technical support inside the Ministry of Interior, the Unit for witness protection under the MOI, the Municipality of Bitola refuse to cooperate.

In addition, the statement contains the Administrative Court, the Public Prosecutor’s Office Skopje and the Pubic Prosecutor’s Office for organized crime and corruption, which, as the statement says refuse to cooperate with the formed institution. The Prosecution also says that the Public Prosecutor’s Office Skopje and the Public Prosecutor’s Office for organized crime and corruption refuse to act according to their requirements.

The statement also says that after their requirements to the Public Prosecutors’ Office Skopje for submission of items for inspection, they allow inspection but only in their premises. In addition, as the media reported, where and how this Public Prosecution could see or take the evidences in certain cases brought the different opinions in the relations with the Primary Court Skopje 1 in Skopje.

Especially, in the case “Putsch” against the president of Social Democratic Union of Macedonia Zoran Zaev and other former officials of MOI, the Court and the Prosecution for the intercepted conversations have different views. The Prosecutors says that after two of their interventions to the Court with the request for submitting copies of the evidence materials, on February 29, 2016 the Court has made a decision to refute their request for copies of the records and electronic evidence. They would appeal the decision.

The Primary Court Skopje 1, Skopje reacted yesterday with a public statement and said, that the judge responsible for the specific case issued a decision rejecting the prosecution’s request for submission of copies of documents and electronic evidence.

To the contrary, the court would make direct violation of the obligation to keep classified information given to the fact that the competent authority has not lifted this obligation. As the statement says, “the court finds that there are no legal obstacles to bring copies of these documents and electronic evidence because in this case there is evidence, which was classified as a state secret, after which was declassified as a professional secrecy.

According to the Law voted in the Assembly of Republic of Macedonia by parties on power and those in opposition, public prosecutor that will investigate criminal charges related to the content of the reported intercepted conversations has the following scope of the work.

  • Participation in the litigation and starting any judicial proceedings, including civil and criminal, that the Prosecutor considers necessary;
  • Submitting an appeal against any decision of the Court in any matter or proceeding in which the public prosecutor participates as competent;
  • View all available documentary evidence from any source;
  • Obtain all security exemptions for review of intelligence and information that are not available to the public; and
  • Initiating and conducting prosecutions in any competent court, preparing and signing the charges, submission of information and guidance on all aspects of any case arising from this law in the name of Macedonia.

 

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