Update to the contribution to the progress report on the process of accession of the republic of macedonia to the european union

3.24JUSTICE, FREEDOM AND SECURITY

MIGRATION
In the period 01.01.2008-30.06.2008, a total of 939 requests for issuance of working permits were submitted to the Employment Agency.
The total number of issued working permits for employment of foreign citizens in the period 01.01.2008-30.06.2008 was 664, out of which 443 were requests for issuance of employment permits for foreigners with a validity period of 1 year, 158 requests for issuance of personal working permits (68 permits based on marriage with Macedonian citizen, 80 permits based on self-employment, 2 permits based on permanent residence in the Republic of Macedonia and 8 permits based on origin), as well as 63 working permits for foreigners on the territory of the Republic of Macedonia.
Total number of foreigners residing in the Republic of Macedonia, 30.07.2008 (source: MoI)

Permanent residence	Temporary residence	Total
198	11827	12025

On 26.08.2008 the Government enacted a Decision on establishment of Inter-ministerial group for creating the migration policy in Republic of Macedonia, with aim to prepare the Resolution on Migration Policy and to update the Migration Profile of Republic of Macedonia (which was prepared in 2007 by IOM). The first meeting of the Inter-ministerial group took place on 05.09.2008 and the process of drafting of the Resolution is ongoing.

The Inter-ministerial group for integration of refugees and aliens in Republic of Macedonia is preparing the Strategy on integration of refugees

.

The first meeting of the Joint Readmission Committee aimed at exchanging views on the implementation of the Readmission agreement signed between the Republic of Macedonia and EU took place on 17 June in Skopje. Both sides agreed that the agreement is implemented in a satisfactory way.

The Macedonian Ministry of Foreign Affairs, within its capacity of MARRI Presidency-In-Office, organised the Seminar on “Comprehensive Migration Management Systems,” held in Ohrid on 12 September 2008.  

ASYLUM
The issuance of documents to the asylum seekers started on 27.08.2008.
In accordance with the Obligatory instruction for using regulation on determining the right of using redundancy pay, which was adopted by the Ministry of Labour and Social Policy in February this year, until 31 July 2008, 5 families applied and received this kind of aid. The amount is calculated according the number of family members and is no more than 4.600 MKD per family.
Amendments to the Law on Asylum and Temporary Protection which refer to deletion of the category “person under humanitarian protection”, harmonisation of the appeal procedure with European standards, harmonisation with the provisions of the Law on Aliens, Law on Employment and Work of Aliens and the Law on Social Protection were prepared and submitted to the relevant institutions for consultation.
The first meeting of the working group from MoI and the special team from Norway aimed at establishing central data base on aliens, including asylum, visa and migration, took place on 16.09.2008.
The Closing Conference of the Aeneas project ”Strong Institutions and a Unified Approach in the Asylum, Migration and Visa Management in the Western Balkans” was held in Skopje on 24-25 September 2008. The meeting is the last of a series of four regional intensive seminars on asylum, migration and visa issues in the region.


VISA

The first meeting of the Joint Committee for the implementation of the Visa Facilitation Agreement took place on 17 June in Skopje. The Macedonian authorities prepared and handed over to the relevant EC services extensive overview of the progress achieved in each of the blocks introduced with the Roadmap for Visa liberalisation. The overview was subject to discussion at the high level meeting on visa liberalisation held in Brussels on 18 July. On the basis of the additional data and clarifications requested by the relevant EC services, the national authorities prepared an updated overview which was delivered to the EC at the beginning of September 2008.

An Agreement on visa facilitation between the Republic of Macedonia and the Russian Federation was signed on 19.06.2008. Also, on 28 July Agreement on visa facilitation between the Republic of Macedonia and the Kingdom of Norway was signed. Negotiations are ongoing with Denmark, United Kingdom, Ireland, Island and Switzerland.
Amendments to the Law on Aliens were adopted by the Parliament (Official Gazette of the Republic of Macedonia, No 117/08) according to which the Government will adopt a Decision that will enable the citizens of EU member states, signatories of Schengen agreement to enter in the Republic of Macedonia only with ID cards.

Currently the piloting with N-VIS centre is successfully running at 14 DMCPs. while 23 DMCPs are equipped with necessary HW and system definitions.. In July, Train the trainers programme for using, maintaining and managing the N-VIS system was completed encompassing 16 participants (trainers, of which 11 from the MFA and 5 from the MoI.

As for the personal documents issued according to the new standards, the situation is as follows:

Type of document	Travel documents	Travel documents -official	Travel documents - diplomatic	Personal ID	Driver license	Travel documents foreigners	License for permanent residence	License for temporary residence
Total number	321.831	402	639	196.551	95.038	64	45	2742

EXTERNAL BORDERS AND SCHENGEN

A Feasibility study on information-communication system for Integrated Border Management was adopted and the best bidder for the procurement of software for Integrated Border Management was selected. Both activities were financed from the National Budget.

The National Commission for IBM established the Portal - Integrated Border Management on the web- site of the Government of the Republic of Macedonia.
The activities related to the operability of the digital police radio system TETRA are in final phase and it is expected to become operational at the end of 2008 covering around 40% of the territory of the Republic of Macedonia.
In view of setting up appropriate IT technology at the borders and considering the efforts to implement

appropriate IT system for exchange of information being centrally connected and enabling effective border control in view of Schengen standards, during July 2008 an OSCE evaluation mission took place. This Evaluation mission was with a purpose to define a project for implementation of the IT structure and inspection equipment at the borders, compatible with the European standards and interoperable with other information systems (Interpol, ICAO, Schengen). Expected results from this mission are definition of a project for implementation of PKI infrastructure for EAS, being a precondition for implementation of fingerprints in the electronic travel documents, definition of a project for development of inter-operable system for border control of travel documents, persons and vehicles (hardware and software) being open for upgrade and integration with other information systems.

By the end of September, four procedural rules of the National Coordinative Centre for Integrated Border Management related to monitoring and coordination of the activities at the border were adopted.
From the beginning of 2008, 40 trainings were conducted for the members of the border police at different topics and areas (situation as until September 2008. In June within the framework of the Border Police Service project, training on identifying forged documents took place in Hungary.
JUDICIAL COOPERATION IN CIVIL AND CRIMINAL MATTERS

On 23 July the Parliament ratified the following Conventions:

• 
  Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption,
  
• 
  the Second Additional Protocol of European Convention on Mutual Assistance in Criminal Matters.
  

The Law on Ratification of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters passed the Government procedure.

POLICE COOPERATION AND FIGHT AGAINST ORGANISED CRIME

See the part on implementation of the 3rd key priority of the accession partnership (benchmarks) related to implementation of the Law on Police.

To address the problem with the Police Academy Amendments to the Law on Internal Affairs were adopted in July 2008. The adopted amendments regulated setting up of Training centre, as an organisational unit within the Ministry. At the same time, the amendments determined the scope of work of the Training Centre, in view of realisation of basic training for the police officers, specialised training and training for security area management (security management training) on the basis of curricula and programs. The contents of the curricula and the programs and the manner of the training implementation, in line with the proposed amendments, were enacted by the Minister of Interior. Through the amendments, the continuous education for the needs of the Ministry of Interior and the competence thereof is transferred from the Police Academy to the Ministry of Interior. The Training Centre within MoI became operational as of 1.08.2008.
In order to define the relationship between the Europol National Unit and the competent national authorities, annexes to the Protocol between the MoI – Bureau for Public Security and MoF –Customs Administration and between MoI - Bureau for Public Security and MoF – Financial Police Office on cooperation in the suppression and fight against organised crime were signed (14.07.2008 and 17.07.2008).

In June this year the Ministry of Labour and Social Policy organised five debates on the topic Deepening the cooperation and coordination in the fight against trafficking in human beings at the local level. Representatives of the local self-government, educational institutions, centres for social work, local police officers, media and non-governmental organisations attended these debates.

US State Department Trafficking in Persons Report for 2008, published in June, placed Republic of Macedonia back in Tier 1. The report highlighted that the Government of Macedonia fully complied with the minimum standards for the elimination of trafficking and that made marked progress during the last year: it improved its capacity to identify and protect victims, resulting in a greatly increased number of victims identified and significantly more victims offered and provided assistance. It is also underlined that the government’s aggressive prosecution efforts resulted in an increased number of traffickers convicted.
In July the Parliament adopted the Law Amending the Law on Criminal Procedure (“Official Gazette of Republic of Macedonia” no. 83/08). The amendments harmonised the provisions for witness protection with international standards in this field, especially the Standards of Council of Europe consisted in the European Human Rights Convention and the Recommendations of the Council of Europe. The law also widens the scope of application of special investigative measures over the criminal offences related to corruption.
Regarding the implementation of the Law on Interception of Communications it should be noted that the interception of communications started after the adoption of the bylaws and the harmonization process with the Law on Classified Information and currently 4 cases are ongoing. This measure is being applied by the Ministry of Interior but it is being controlled and approved by the Investigative Judge and the Public Prosecutor (every 30 days an approval for continuation of the usage of this measure is being requested from the Investigative Judge). In 2008, POCC applied the special investigative measures provided for in Articles 142-g in relation with article 142-b from the Criminal Procedure Code, in 19 cases.
For more details on the application of special investigative measures and the outcome please see Appendix 1 Use of special investigative measures.
The Law on control of narcotic and psychotropic substances was adopted on 01.08.2008.
Nearly one ton of narcotic drugs that were seized as evidence in trials were destroyed on 08 July. Among the narcotic drugs subject to destruction were 500 kilograms of cocaine that were seized at Blace border crossing. Also regarding the World Day of destroying weapons, on 9 July the Macedonian police destroyed 1000 peaces of seized illegal weaponry.
On the border crossing point Tabanovce Macedonian police confiscated 12 kilograms of morphium. According the police the Macedonian citizen was supposed to transport the drug to Switzerland and then deliver it to the western European countries.
MoI (Organised Crime Department) Breakdown by type of criminal offences and indicative cases⁶
Economic crime - During 2008 in the area of economic crime, 23 criminal charges were submitted (13 criminal charges to the Public Prosecutor’s Office - Department for prosecution of perpetrators in the area of organised crime and corruption and 10 to the Basic Public Prosecution Offices) for perpetrated total of 50 crime offences, (35 basic crime offence and 15 co-perpetration, instigation, providing assistance and continuous crime offences related with the basic offences), against 110 perpetrators out of which 8 are legal entities. Number of prosecutions: 30 criminal offences of “tax evasion” 5 criminal offences of “money laundering and other proceeds of crime”, 15 criminal offences of “abuse of official position and authorisation”.
The crime offences in the area of the economic crime mostly are perpetrated by the managers or companions of the companies damaging the Budget of the RM, but also former directors of Public enterprises (Public enterprise for management with facilities for sport property of the RM, Public enterprise “Makedonija Pat”), State market inspectorate, Commodity Reserves Bureau, mayors and managers in the Municipalities, executive and technical directors and presidents and steering board members of the stockholder companies, bankruptcy managers, employed in the Customs Administration etc.
The abuses were perpetrated by 47 natural and 14 legal entities (public enterprises, stockholders associations and other state institutions), damaging the National Budget in amount of 1.538.876.008, 00 MKD.
As more indicative case regarding the amount of the obtained illegal property one can point out at the abuse of an official position and authorisation perpetrated by former director of Public enterprise for management with facilities for sport property of the RM, who during 2005 and 2006 illegally rented parts of the facilities which are not in function of sport, concluding several unfavourable agreements and annexes to the agreements with natural an legal entities for renting sports facilities, property of the abovementioned Public enterprise and damaging it for amount of 972.388.984,50 MKD.
Also, more indicative case was the criminal charge for abuse of an official position and authorisation pressed against 5 persons, out of whom one was the Mayor of the Strumica Municipality. The persons against whom the charges were pressed, depending on the authorisations they had, perpetrated the abuse by opening a public tender for co-investment to build the Trade Business Centre on the location of the previously situated market in Strumica, contrary to the Law on public procurements and without legally regulating the property documentation of the land concerned , also contrary to the Law on construction and the Law on spatial and urban planning and other legal regulations. With the abovementioned action, a certain company, which is co-investor to the Strumica Municipality, acquired a tender for building the object and obtained property benefit in amount of approximately 7 - 8 million EUR.
Another indicative cases was the criminal charge submitted for reasonable doubts for perpetrated criminal offences “abuse of official position and authorisation” and “money laundering and other proceeds of crime” perpetrated by the executive Director of Public enterprise “Elektrostopanstvo” of Macedonia in the period from 1996 till 1998. Based on concluded agreements for business cooperation with companies from Germany and China for equipment procurement for REK “Oslomej” and building the Hydro-electrical power plant “Kozjak”, it was believed that he illegally obtained for himself, assets in the amount of 21.698.228, 00 MKD.
Corruptive criminal acts - During 2008 in the area of the corruption related criminal offences by providing assistance, co-perpetration and other criminal acts, five criminal charges were submitted for total of 6 criminal offences perpetrated (one criminal charge to the Public Prosecutor’s Office of the RM - Department for prosecution in the area of the organised crime and corruption and five to the Basic Public Prosecution Offices) against 14 perpetrators: 4 criminal acts “receiving bribery”, 1 “giving bribery”, 1 “illegal mediation”.
The corruptive criminal acts were perpetrated by an employee in the Customs section, an engineer in the State geodetic authority, the Mayor and employees in the Municipality, the President and counsellor in the Municipality Council, commercial officer in Stockholder company and member of an organised crime group, who illegally acquired assets in the amount of 93.400,00 MKD and 45.550 EUR.
Most indicative case regarding the extent of the amount of the illegally acquired assets, was the criminal charge pressed against the Mayor, who jointly with 4 more employees on managerial positions in the Municipality, within their authorisations and competencies, associated themselves for perpetrating the criminal offence - receiving bribery, using the legal entity Association of citizens for construction of the church “St. Prorok Ilija”. Namely, from more responsible persons in certain legal persons, who had an ongoing procedure in the Municipality in the area of urbanism, they required bribe in amount of 100.000 EUR as donation to be paid on the account of the Association, perpetrating on that manner criminal offences receiving bribery and criminal association.
Smuggling of goods - During 2007 and 2008 the Sector for financial crime worked on identification and suppression of the organised crime group which was dealing with smuggling of excise goods - cigarettes on the territory of the Republic of Macedonia. In May this year, upon conducted measures and activities, eight members of the criminal group were charged for perpetrated criminal offences “smuggling”, “covering up goods deriving from smuggling and customs fraud”, “giving bribery” and “criminal association”. The reported members of this criminal group in the second half of 2007, 13 times smuggled a total of 10.400 packages of cigarettes in the amount of 12.480.00,00 MKD and let them in excise - payment circulation without paying the taxes as obliged by Law, damaging the Budget of the RM in amount of 3.120.000,00 MKD.
Cyber crime - During 2008, in the area of cyber crime regarding criminal offences “providing assistance”, “co-perpetration”, five criminal charges were submitted for a total of 15 crime offences out of which 1 is for “providing assistance” referring to the same act, against 31 perpetrators: 9 criminal acts “damaging and unauthorised access in the computer system”; 2 crime acts “cyber fraud” and “cyber falsification” and 1 crime act “issuing check with overdrawing the account and misuse of a credit card”.
As most indicative case regarding the extent of the amount of the illegally acquired assets was the criminal charge submitted against three persons for perpetrated criminal acts “issuing check with overdrawing the account and misuse of credit card” and “providing assistance” in regards to this act. During February, March and April 2008 the perpetrators used foreign payment cards property of foreign citizens making payment operations in several places in Skopje, Negotino and Gevgelija, illegally acquiring assets in amount of 1.518.859,00 MKD.
Also, data is being gathered to undertake planned measures and activities to detect the international criminal group consisted of Macedonians, Bulgarians and Montenegro citizens dealing with illegally acquired credit card numbers, falsified credit cards and withdrawal of money from the cash machines in the Republic of Macedonia and several other countries from Western Europe. Regarding this criminal group an international cooperation between the police services in the Republic of Macedonia, Montenegro, Bulgaria, Italy and Germany was established. The communication among the states was realised through the SECI Centre, thus three working meetings for information exchange and mutual coordination were organised. In May 2008, the Organised Crime Department pressed criminal charges against three persons for reasonable doubts that they perpetrated criminal offences “damaging and unauthorised access to a computer system”, “cyber fraud” and “cyber falsification”.
During 2008 one criminal charge was submitted against one person to the Basic Public Prosecutor’s Office for perpetrated one criminal offence “falsification of money”.

Inter-agency cooperation - The Ministry for Internal Affairs in cooperation with the Customs Administration of the Republic of Macedonia realised 4 cases in the area of financial crime by submitting 3 criminal charges from the MOI and one criminal charge from the Customs Administration. Cooperation and information exchange is taking place for another 10 cases.
The Organised Crime Department and Customs Administration also closely cooperate in data exchange related to illegal trade of drugs, in investigations which commenced in 2008 and are still not finalised.
As a result of the inter-agency cooperation of the Organised Crime Department within the MOI with the Financial Police office and the Customs Administration in order to clarify the irregularities in the functioning of the Agency for youth and sport, the Customs Administration pressed charges against the Director and the General secretary of the Football Federation (FFM), since there was reasonable doubt that they perpetrated criminal act “customs fraud”. Namely, during 2004, 2005, 2006 and 2007 the reported persons gave false data to German company which delivered sports equipment for the needs of the FFM, which influenced calculation of the taxes with intention to completely avoid customs and other taxes in total amount of 2.122.492,00 MKD.
In this context it is also necessary to emphasise the cooperation with the Financial Police, as a result of which three criminal charges were pressed to the competent Public Prosecution Offices against 4 persons, for perpetrated criminal acts receiving bribery, abuse of an official position and authorisation and money laundering and other proceeds of crime.
Illicit trade with drugs - During the first half of 2008 regarding the issues of illicit trade with drugs, 4 criminal offences were detected, for which 12 perpetrators were reported. During the actions the police seized and deprived 23 kilos and 685 grams of heroine, 82,15 grams cocaine, 111 grams manitol and 1.16 kilos of seeds from cannabis sativa and seven packages with unknown grass substance (most probably marihuana).
More indicative case was cutting of the international channel of illicit trade with drugs on the route R. Turkey - R. Macedonia - R. Albania. During conducting search of a vehicle driven by Macedonian citizen, 23 kilos and 685 grams of pure narcotic drug -heroine was found and seized, as well as 82,15 grams narcotic drug - cocaine was seized and 111 grams of manitol from a citizen from the Republic of Serbia, with residence in the Republic of Macedonia.
Illicit trade with weapons - during the first half of 2008 regarding the issue of illegal trade with weapons 3 criminal offences were detected, for which against 11 perpetrators criminal charges were pressed and three special reports to the Basic PPO Skopje for greater amount of weapon founded were submitted.
Most indicative was the criminal charge against 9 persons, all from Skopje, since there was reasonable doubt that they perpetrated criminal acts: “criminal association”, and related to “Preventing the process of election and voting”, “illegal manufacturing, possessing and trading with weapons or explosive substances” and “Unauthorised manufacturing and letting in circulation narcotic drugs, psychotropic substances and precursors”. The case was realised on 01.06.2008 during the parliamentary elections nearby Skopje, and upon checking and conducted search of the two motor vehicles, where the identification of the persons took place as well, a greater amount of weapons were found (five guns and 104 pieces of pistol ammunition, four automatic guns with 16 magazines with cartridges, three hand grenades, sixth grenades for grenade launcher, one shotgun and 15 cartridges for the shotgun, 52 bullets for automatic gun, seven packages of marihuana, one manual radio station, one radio transmitter with mini microphone etc.
In the analysed period, upon operative knowledge received and undertaken operational activities, a greater amount of hidden mine - explosive equipment (mortar fire and other types of grenades), hand grenade launchers, mines, ammunition for machine guns and other types of weaponry and munitions) was found, i.e. on two locations in the village of Brest in direction of the village of Lukare- near Skopje, and two times on the road leading from the area called “Ramno” to the village of D. Blace.
Violent crime - During the first half of 2008 in the area of violent crime 8 criminal offences were detected - “Threatening the security”- 2, “Extortion” - 2 and providing assistance regarding the same act -1; “Fraud”-1, “Blackmail”-1, “Causing general danger”-1, “Threatening security” -2 and “Severe acts against the general safety”-1.
More indicative case was pressed criminal charges against 6 persons from Prilep, former and present MoI officers, members of the organised criminal group from Prilep, since there was a reasonable doubt that they perpetrated criminal offences organised in a group: “Severe acts against the general safety” and related to “Causing general danger” and “Criminal association”.
Criminal acts against the cultural heritage - In the area of the criminal offences against the cultural heritage 2 criminal charges were submitted for perpetration of 3 criminal acts “Usurpation of goods which are under temporary protection or cultural heritage or nature rarities” and “Providing assistance” and “Co-perpetration” regarding the same criminal offence and the criminal offence “Damaging or destructing goods which are under temporary protection or cultural heritage or nature rarities” against 5 perpetrators out of which 1 is a legal person.
More indicative case were the criminal charges submitted against three brothers from Kumanovo since there was reasonable doubt that they perpetrated the following criminal offences: “Usurpation of goods which are under temporary protection or cultural heritage or nature rarities” and “Providing assistance” and “Co-perpetration” regarding the same criminal act. The reported persons in order to acquire assets illegally usurped six icons which are cultural heritage of the Republic of Macedonia and tried to re-sell them to an unknown person from Skopje, but whilst transporting the icons they were captured.
Trafficking with human beings and smuggling of migrants - during the first sixth months of 2008 in the field of trafficking with human beings and smuggling of migrants 22 criminal offences were registered perpetrated by 92 perpetrators. In the field of smuggling of migrants 10 criminal offences were detected and 39 persons were reported, 8 criminal offences for “Organising a group and instigating the acts of trafficking of human beings and smuggling of migrants” and 42 persons were reported and 3 criminal offences “Falsification of documents” and 5 persons were reported related with smuggling of migrants.
In the field of trafficking with human beings 3 criminal acts were registered - Trafficking with juveniles - for which 11 persons were registered.
More indicative case were the criminal charges against 17 persons for reasonable doubt that they perpetrated 4 criminal offences “organising a group and instigating trafficking of human beings and smuggling of migrants” and “smuggling of migrants”. The charged, in order to illegally acquire assets, organized a criminal group which was dealing with smuggling of migrants from China and Albania. Migrants from China illegally entered in the territory of the Republic of Macedonia from Serbia and were accepted, sheltered, transported and transferred by the members of this organised group, to the illegal border crossings with Greece.
Upon initiative of the MoI of the Republic of Macedonia, and in cooperation with SECI Center an international joint operation was established “Air Bridge” in which several police services from the following countries participated: Macedonia, Austria, Italy, Germany, France, Switzerland and UNMIK – Kosovo. Intelligence was exchanged for international the criminal group involved in smuggling of migrants. In this case, seven persons were charged for criminal offences “Organising a group and instigating the acts of trafficking of human beings and smuggling of migrants”, smuggling of migrants”, and “giving bribe”. The charged for the purpose of illegally acquiring assets organised criminal group for smuggling of migrants from Kosovo, through the territory of the R. of Macedonia in the western EU countries (France, Switzerland, Germany etc.). For the migrants they provided forged documents (travel documents and visas) for exit from the Republic of Macedonia and for entrance in the final destination countries (EU countries), as well as air tickets, and organized also their sheltering, accommodation and transport to the airport “Aleksandar Veliki” in Skopje.