Prosecution on Intercepted Conversations Submitted Report To Parliament


Time: 5:06 p.m. CEST

On December 30, 2015, political party SDSM submitted to this Public Prosecutor’s Office a hard drive and six boxes of transcripts in print, Janeva says in the report to the Parliament. The external hard drive has 546,948 files.

Janeva
Katica Janeva, Special Prosecutor talks to reporters (archive)

The President of the Assembly of Republic of Macedonia scheduled public plenary session on March 28 for the report that today the Prosecution for intercepted conversation submitted to the Parliament according to the legislation voted as a part of the July 15 agreement.

In the report, publicly available on the website of the Prosecution, among other, the Prosecution informs that it had established a commission to listen to the materials, submitted to them. The Prosecution for the intercepted conversations established internal procedures for the evidence of the listening of the materials, separating the talks, which are of private nature and respect of the privacy of the persons covered by such calls.

On December 30, 2015, political party SDSM submitted to this Public Prosecutor’s Office a hard drive and six boxes of transcripts in print. The Prosecution stored the materials in security safes that meet safety standards for the storage of such materials. The first deadline for the evidence, established by the Prosecutor Katica Janeva, was January 29, 2016, but considering the huge number and volume of the material, the deadline was until March 11, 2016.

The Commission says that the the external hard drive has 546,948 files. Of those files, 540, 646 are audio files and 6302 are files created in Word, Excel, PDF. SDSM also delivered 23 spiral bound books with 18,155 pages. All of them contained 119, 088 transcripts of calls and SMS messages. It submitted 1,828 sheets numbered by the Commission from one to 1828.

In the reporting period, the Prosecution enrolled a total of 30 cases against 80 persons, out of which 29 cases in 2015 against 77 individuals and one case in 2016 against three persons. The structure in crimes against 80 persons is as follows:

  • 10 people for the crime of “Violation of the right to vote” under Article 159 of the Criminal Code;
  • 37 persons for the crime of “misuse of official position and authority” under Article 353 of the Criminal Code;
  • 12 persons crime “Violation of the freedom of voters’ under Article 160 of the criminal Code, 1 person for the crime of” violation of the secrecy of voting “under Article 163 of the criminal Code;
  • 3 persons for the crime of “abuse of funds for financing the election campaign ” Article 165-a of the criminal Code;
  • 1 person for the crime of “abuse of personal data” under Article 149 of the criminal Code;
  • 2 persons for the crime of “Coercion Article 139 of the Criminal Code;
  • 6 persons for the crime of “unauthorized wiretapping and sound recording” under Article 151 of the Criminal Code;
  • 1 person for the crime of “espionage” under Article 316 of the Criminal Code,
  • 1 person for the crime of “violence against representatives of the highest state authorities “under Article 311 of the criminal Code;
  • 2 people for the crime of “Violation of equality of citizens” under Article 137 of the criminal Code;
  • 3 persons for the crime of “electoral fraud” under Article 165 of the criminal Code’
  • 1person for the crime of “Destruction of election material” under Article 164 of the Criminal Code.
  • 10 people of “Criminal association” under Article 394 of the Criminal Code;

For the reporting period, the prosecution registered 120 cases, of which 50 cases in 2015 and 70 cases in 2016. The prosecution opened pre-investigation procedures relating to unlawful interception of communications, investigation of irregularities, irregularities in connection with the financing of the media, various abuses of procurement procedures, tax evasion, money laundering, various corrupt acts and various abuses of official position and powers, financial investigations, irregularities in the procedures relating to construction activities.

In the reporting period, taking into account the overall treatment comprised a total:

  • 221 minutes of questioned individuals;
  • 140 requests for gathering the necessary data, information and evidence under Article 287 of the Criminal Code;
  • 29 orders under Article 284 of the Criminal Code;
  • filed a request for issuing a search warrant and seizure of items;
  • submitted two proposals for temporary seizure of objects in 3 cases issued orders for conducting investigation against 25 persons;
  • 9 proposals for determining detention, was issued an order for special investigative measure of the Criminal Code;
  • 10 appeals of decisions.

The public prosecutor for the intercepted conversations sent to public prosecutors request for five items, but Public Prosecution delivered all items that were created for related offenses arising from the content of the illegal interception of communication. The postponed deadlines on the completion of this Public Prosecutor’s Office, including delay in approvals from the Public Procurement Council, affected the planned resources for expertise, contractual services, and public procurement.

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