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Showing posts with label Immigration and Customs Enforcement-Homeland Security Investigations. Show all posts
Showing posts with label Immigration and Customs Enforcement-Homeland Security Investigations. Show all posts

Saturday, September 15, 2012

Good Luck,To You...My Friend!

David Bowdich Named Special Agent in Charge of FBI Los Angeles Counterterrorism Division
Washington, D.C.
September 14, 2012

FBI National Press Office
(202) 324-3691
Director Robert S. Mueller has named David Bowdich the special agent in charge of the Counterterrorism Division at FBI Los Angeles. Mr. Bowdich most recently served as a special assistant to the associate deputy director at FBI Headquarters in Washington, D.C. In this role, he advised about risk management, personnel, administrative, budgetary, and some operational issues, to include a comprehensive review of the FBI’s counterterrorism training and curriculum materials.

Mr. Bowdich began his career as a special agent in 1995 and was assigned to the San Diego Field Office, where he investigated violent crimes and gangs and served as a SWAT team member and sniper. He led a yearlong wiretap investigation that culminated in the first federal racketeering convictions ever to be brought against street gang members in the Southern District of California.

In 2003, Mr. Bowdich was promoted to FBI Headquarters, where he served in the Safe Streets and Gang Unit. In late 2005, Mr. Bowdich returned to San Diego and supervised a multi-agency gang task force. In this role, he led agents who investigated racketeering and drug cases against the Mexican Mafia, Bloods and Crips, and the Hells Angels Motorcycle Club using wiretaps and undercover operations.

Mr. Bowdich became the assistant special agent in charge of the San Diego Field Office in 2009. In this role, he oversaw all non-white-collar criminal violations and the Imperial County Resident Agency and its Joint Terrorism Task Force. He recognized an emerging kidnapping trend perpetrated by Mexican cartel-related criminal enterprises. In response, Mr. Bowdich formalized and initiated the first FBI hybrid squad in the country designed to target the threat posed by the kidnapping cells operating on both sides of the United States and Mexican border. Within one year, the interagency squad constructed a large-scale RICO case against 43 cartel members and associates who operated multiple kidnapping cells in the San Diego region. While in San Diego, Mr. Bowdich also oversaw the murder investigations of two United States Border Patrol agents who were killed in the line of duty.

In 2011, Mr. Bowdich was selected to handle the transition of a new FBI Director given that Director Mueller’s 10-year term expired in September 2011. After Director Mueller received a two-year extension, he was named a special assistant to the associate deputy director.

Before joining the FBI, Mr. Bowdich served as a police officer and detective with the Albuquerque Police Department. He earned a Bachelor of Science degree in criminal justice from New Mexico State University and a master’s degree in leadership from Georgetown University’s McDonough School of Business. Mr. Bowdich and his wife have two children.

Tuesday, August 28, 2012

I Am So Proud To Be A Marinchek-Marn...Thank You All


A burial site on the outskirts of Kigali, Rwanda for some of the victims of the 1994 genocide.
Photo courtesy of The U.S. Holocaust Memorial Museum

Genocide and War Crimes
New Website Designed to Raise Awareness, Solicit Information

08/24/12

Kosovo…Rwanda…Srebrenica. These places will forever be associated with unspeakable, brutal acts of genocide and war crimes.


Genocide and War Crimes Program webpage
The global community has banded together to help prevent crimes like these and to bring to justice the perpetrators who commit them. The U.S. is part of this international effort—most recently through the creation of an interagency Atrocities Prevention Board. And the FBI supports the government’s efforts through its own Genocide War Crimes Program.

Today, in an effort to raise awareness about these crimes and the FBI’s part in helping to combat them, we’re announcing the launch of our Genocide War Crimes Program website. In addition to educating the public on our role, the website solicits information from victims and others about acts of genocide, war crimes, or related mass atrocities that can be submitted to us through tips.fbi.gov or by contacting an FBI field office or legal attaché office.

Why is the FBI involved, especially since these incidents primarily take place overseas? Take a look at the jurisdiction section of our new website, which explains the 1998 Presidential Executive Order 13107 and the four U.S. laws dealing with genocide, war crimes, torture, and recruitment or use of child soldiers.


In Their Own Words


“Rwandans saw accountability as the most important cornerstone to healing and continued progress.”

- FBI Special Agent

Read more


According to Special Agent Jeffrey VanNest, who heads up our Genocide War Crimes Unit (GWCU), our mission is to “systematically and methodically help track down perpetrators of genocide, war crimes, and other related atrocities—the worst of the worst—and apprehend them.”

These types of investigations are among the most complex ones we work. They typically involve piecing together fragmentary bits of information, interviewing overseas witnesses in conflict zones, collecting evidence in other countries, and accommodating language barriers. And the key to successfully conducting them—according to VanNest—is cooperation.




A Look Back: On the Ground in Kosovo

The FBI’s involvement in combating genocide and war crimes is nothing new. Back in 1999, the International Criminal Tribunal for the former Yugoslavia requested FBI forensic assistance after the indictment of former Yugoslavian president Slobodan Milosevic and four Serbian leaders for war crimes. Then-FBI Director Louis Freeh approved the deployment of a 65-person team to Kosovo, a small province between Macedonia and the Adriatic Sea, to work at what he called “the largest crime scene in history” (at that time). The team’s mission? To document and photograph crime scenes; locate, collect, and preserve evidence; and perform forensic exams on the deceased victims. Bureau investigators and forensic specialists ultimately exhumed bodies of 124 victims from 15 sites and processed six “killing” areas.

“The GWCU works shoulder-to-shoulder with our U.S. federal partners—most often with the Department of Homeland Security’s Immigration and Customs Enforcement (ICE)—to determine if there’s a violation of U.S law,” says VanNest. “If so, we envision working many of these cases jointly with our partners in ICE’s Homeland Security Investigations.”

Internationally—because the bulk of these investigations occur overseas—we work through our network of legal attachés who have established relationships in place with our counterparts in foreign nations and who coordinate our work with international criminal tribunals. We also cooperate with INTERPOL.

On the overview section of our new website, you can find out more about how we offer additional support to foreign authorities—such as crime scene preservation, interviewing techniques, age-enhancing photos, language services, and increasingly, victim/witness services—and who our primary domestic and international partners are.

Members of the GWCU, usually in conjunction with our ICE counterparts, coordinate our genocide/war crimes investigations. Collectively, GWCU agents and intelligence analysts in the unit are carefully selected for what they can bring to the table—subject matter expertise, interviewing skills, experience in past critical incident response, foreign language ability, and experience working with partner agencies in the U.S. and abroad.

“Our ultimate goal,” says VanNest, “is to ensure that perpetrators of these heinous crimes find no safe haven in the United States, or for that matter, no safe haven anywhere in the world.”

For more on our Genocide War Crimes Program, visit our new webpage.

Monday, August 27, 2012

Everyone Becomes Blind,When it Comes To The,Lord Resistance Army..

Central African Republic Frees Briton - ABC News....

This is Great Investigating..Thank You

Military Terror Plot: Murder Case Uncovers Terror Plot By 'Militia' Within U.S. Military

By RUSS BYNUM 08/27/12 03:10 PM ET


Sign Up ...Follow: Terrorism, Video, U.S. Military, Armed Forces, Crime News, Militia, Right-Wing Extremists, Soliders Plot Overthrow Federal Government, Soliders Terror Plot, Crime News . LUDOWICI, Ga. — Four Army soldiers based in southeast Georgia killed a former comrade and his girlfriend to protect an anarchist militia group they formed that stockpiled assault weapons and plotted a range of anti-government attacks, prosecutors told a judge Monday.

Prosecutors in rural Long County, near the sprawling Army post Fort Stewart, said the militia group composed of active duty and former U.S. military members spent at least $87,000 buying guns and bomb components and was serious enough to kill two people – former soldier Michael Roark and his 17-year-old girlfriend, Tiffany York – by shooting them in the woods last December in order to keep its plans secret.

"This domestic terrorist organization did not simply plan and talk," prosecutor Isabel Pauley told a Superior Court judge. "Prior to the murders in this case, the group took action. Evidence shows the group possessed the knowledge, means and motive to carry out their plans."

One of the Fort Stewart soldiers charged in the case, Army Pfc. Michael Burnett, also gave testimony that backed up many of the assertions made by prosecutors. The 26-year-old soldier pleaded guilty Monday to manslaughter, illegal gang activity and other charges. He made a deal to cooperate with prosecutors in their case against the three other soldiers.

Prosecutors said the group called itself F.E.A.R., short for Forever Enduring Always Ready. Pauley said authorities don't know how many members the militia had.

Burnett, 26, said he knew the group's leaders from serving with them at Fort Stewart. He agreed to testify against fellow soldiers Pvt. Isaac Aguigui, identified by prosecutors as the militia's founder and leader, Sgt. Anthony Peden and Pvt. Christopher Salmon.

All are charged by state authorities with malice murder, felony murder, criminal gang activity, aggravated assault and using a firearm while committing a felony. A hearing for the three soldiers was scheduled Thursday.

Prosecutors say Roark, 19, served with the four defendants in the 4th Brigade Combat Team of the Army's 3rd Infantry Division and became involved with the militia. Pauley said the group believed it had been betrayed by Roark, who left the Army two days before he was killed, and decided the ex-soldier and his girlfriend needed to be silenced.

Burnett testified that on the night of Dec. 4, he and the three other soldiers lured Roark and York to some woods a short distance from the Army post under the guise that they were going target shooting. He said Peden shot Roark's girlfriend in the head while she was trying to get out of her car. Salmon, he said, made Roark get on his knees and shot him twice in the head. Burnett said Aguigui ordered the killings.


"A loose end is the way Isaac put it," Burnett said.

Aguigui's attorney, Daveniya Fisher, did not immediately return a phone call from The Associated Press. Attorneys for Peden and Salmon both declined to comment Monday.

Also charged in the killings is Salmon's wife, Heather Salmon. Her attorney, Charles Nester, did not immediately return a call seeking comment.

Pauley said Aguigui funded the militia using $500,000 in insurance and benefit payments from the death of his pregnant wife a year ago. Aguigui was not charged in his wife's death, but Pauley told the judge her death was "highly suspicious."

She said Aguigui used the money to buy $87,000 worth of semiautomatic assault rifles, other guns and bomb components that were recovered from the accused soldiers' homes and from a storage locker. He also used the insurance payments to buy land for his militia group in Washington state, Pauley said.

In a videotaped interview with military investigators, Pauley said, Aguigui called himself "the nicest cold-blooded murderer you will ever meet." He used the Army to recruit militia members, who wore distinctive tattoos that resemble an anarchy symbol, she said. Prosecutors say they have no idea how many members belong to the group.

"All members of the group were on active-duty or were former members of the military," Pauley said. "He targeted soldiers who were in trouble or disillusioned."

The prosecutor said the militia group had big plans. It plotted to take over Fort Stewart by seizing its ammunition control point and talked of bombing the Forsyth Park fountain in nearby Savannah, she said. In Washington state, she added, the group plotted to bomb a dam and poison the state's apple crop. Ultimately, prosecutors said, the militia's goal was to overthrow the government and assassinate the president.

The Army brought charges against the four accused soldiers in connection with the slayings of Roark and York in March, but has yet to act on them. Fort Stewart spokesman Kevin Larson said he could not comment immediately on the militia accusations that emerged in civilian court Monday.

District Attorney Tom Durden said his office has been sharing information with federal authorities, but no charges have been filed in federal court. Jim Durham, an assistant U.S. attorney for the Southern District of Georgia, would not comment on whether a case is pending.

Welcome Home Soldiers...


Aug. 27, 2012
SOLDIERS MISSING FROM VIETNAM WAR IDENTIFIED
The Department of Defense POW/Missing Personnel Office (DPMO) announced today
that the remains of three U.S. servicemen, missing in action from the Vietnam War, were recently
identified and are being returned to their families for burial with full military honors.
Army Sgt. 1st Class William T. Brown, 24, of La Habra, Calif., Sgt. 1st Class Donald M. Shue, 20,
of Kannapolis, N.C., and Sgt. 1st Class Gunther H. Wald, 25, of Palisades Park, N.J., will be
buried as a group on Aug. 30, in a single casket representing the three soldiers, in Arlington
National Cemetery near Washington, D.C. Brown and Shue were each individually buried on
Sept. 26, 2011, at Arlington and May 1 in Kannapolis, N.C.
On Nov. 3, 1969, the men and six Vietnamese soldiers were part of a Special Forces
reconnaissance patrol operating in Quang Tri Province, near the Vietnam-Laos border. The patrol
was ambushed by enemy forces and all three Americans were wounded. Brown was reported to
have suffered a gunshot wound to his side. Due to heavy enemy presence and poor weather
conditions the search-and-rescue team was not able to reach the site until eight days later. At that
time, they found military equipment belonging to Shue, but no other signs of the men.
Between 1993 and 2010, joint U.S./Socialist Republic of Vietnam (S.R.V.) teams, led by
the Joint POW/MIA Accounting Command (JPAC), conducted multiple interviews on nine
different occasions in Quang Tri Province. Additionally, the S.R.V. unilaterally investigated this
case, but was unable to develop new leads. Among those interviewed by the joint teams were
former Vietnamese militiamen who claimed in 1969 they ambushed three Americans in the area
near the Laos-Vietnam border. In 2007, a Vietnamese citizen led investigators to human remains
that he had discovered and buried near the site of the ambush. In 2008, a military identification
tag for Brown was turned over to the U.S. Government from a U.S. citizen with ties to Vietnam.
Finally, in April 2010, joint teams excavated a hilltop area near Huong Lap Village, recovering
additional human remains, and military equipment, another military identification tag for Brown,
and a “Zippo” lighter bearing the name ”Donald M. Shue” and the date “1969.”
Scientists from the JPAC and the Armed Forces DNA Identification Laboratory used
circumstantial and material evidence, along with mitochondrial DNA—which matched that of
some of the soldiers’ family members—in the identification of the remains.

Saturday, August 25, 2012

Great Job ICE...

ICE arrests 28 during 5-day operation targeting criminal aliens, immigration fugitives in northeastern Wisconsin

MILWAUKEE — As part of U.S. Immigration and Customs Enforcement's (ICE) ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators, 28 convicted criminal aliens, immigration fugitives and immigration violators were arrested during a five-day operation in northeastern Wisconsin which ended Tuesday.

This operation was conducted by ICE's Enforcement and Removal Operations (ERO) Fugitive Operations teams in Milwaukee.

Of the 28 arrested, 26 had prior convictions for crimes, such as: sexually assaulting a minor, theft, possessing cocaine, domestic abuse, carrying a concealed weapon, battery, criminal trespass and drunken driving. Four of the 28 were immigration fugitives who had been previously ordered to leave the country but failed to depart; all of those are convicted criminals in addition to having outstanding deportation orders. Four of the 28 – also all convicted criminals – had been previously deported and illegally re-entered the United States, which is a felony.

Following is the nationality breakdown of the 27 men and one woman arrested: Mexico (23), Laos (3) and Honduras (2). The arrests were made in the following northeast Wisconsin communities: Appleton (3), Bailey's Harbor (1), Casco (4), Fond de Lac (1), Gillette (1), Green Bay (6), Manitowoc (5), New London (1), Oshkosh (1), Reedsville (1), Sheboygan (2), Two Rivers (1) and Wrightstown (1).

Following are summaries of two individuals arrested during this operation:

A 25-year-old Laotian national was previously convicted of two counts of sexually assaulting a minor, fleeing an officer and theft. He was arrested Aug. 17 in Oshkosh and is currently in ICE custody pending removal proceedings.
A 21-year-old Mexican national has an extensive criminal history that includes convictions for carrying a concealed weapon, battery using a dangerous weapon, criminal damage to property, domestic abuse and resisting law enforcement. He was arrested Aug. 21 in Sheboygan and remains in ICE custody pending removal proceedings.
"The results of this targeted enforcement operation underscore ICE's ongoing commitment to strengthening and protecting public safety," said Ricardo Wong, field office director of ERO Chicago. "By focusing our efforts on arresting and removing convicted criminal aliens, we immediately improve the safety of our communities."

These arrests were coordinated with ICE's National Fugitive Operations Program, which is responsible for investigating, locating, arresting and removing at-large criminal aliens and immigration fugitives — aliens who have ignored final orders of deportation handed down by federal immigration courts. ICE's Fugitive Operations teams give top priority to cases involving aliens who pose a threat to national security and public safety, including members of transnational street gangs and child sex offenders.


Thursday, August 23, 2012

Sentencing in Major International Cyber Crime Prosecution

Sentencing in Major International Cyber Crime Prosecution

Supervisor of Chicago Cashing Crew Imprisoned

U.S. Attorney’s Office
August 21, 2012 Northern District of Georgia
(404) 581-6000



ATLANTA—Sonya Martin, 45, of Nigeria and Chicago, Illinois, a manager of a Chicago cell in one of the most sophisticated and organized computer hacking and ATM cashout schemes ever perpetrated, was sentenced today by United States District Judge Steve C. Jones to serve two years and six months in federal prison on charges of conspiracy to commit wire fraud.

“This case demonstrates the growing expertise and reach of law enforcement in combating international cyber criminals,” said United States Attorney Sally Quillian Yates. “We will continue to work with our law enforcement partners throughout the world to investigate and prosecute those who defraud victims in the United States, wherever the perpetrators may be.”

Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, stated: “While this was a complex, internationally coordinated crime with many different players and components, it would not have gotten very far without the cashing crews. Today’s sentencing sends a cautionary message to those here in the U.S. who would aid and abet those individuals abroad in such criminal schemes that you will be held accountable.”

Martin was sentenced to two years and six months in prison to be followed by five years’ supervised release, and $89,120.25 restitution.

According to United States Attorney Yates, the charges, and other information presented in court: During November 2008, an elite group of hackers obtained unauthorized access into the computer network of WorldPay US, Inc., then-known as RBS WorldPay, a payment processor located in Atlanta. The hackers used sophisticated techniques to compromise the data encryption that was used by WorldPay to protect customer data on payroll debit cards. Payroll debit cards are used by various companies to pay their employees. By using a payroll debit card, employees are able to make purchases or withdraw their salaries from an ATM.

Once they compromised the encryption, the hackers raised the balances and ATM withdrawal limits on compromised accounts, and provided a network of lead “cashers” with 44 debit card account numbers and their associated PINs, which were used to withdraw more than $9 million from over 2,100 ATMs in at least 280 cities worldwide, including cities in the United States, Russia, Ukraine, Estonia, Italy, Hong Kong, Japan, and Canada. The $9 million loss occurred within a span of less than 12 hours on November 8, 2008.

Throughout the cashout, the hackers monitored the fraudulent ATM withdrawals in real-time from within the computer systems of WorldPay. Once the withdrawals were completed, the hackers sought to destroy data stored on the card processing network in order to conceal their illegal activity. WorldPay nevertheless discovered the unauthorized activity and immediately reported the breach.

Defendant Sonya Martin worked with one of the lead cashers and supervised a cashing crew in Chicago. Martin was given a payroll card number and PIN code, and manufactured counterfeit debit cards based on that information. She gave the counterfeit cards to underlings she recruited and supervised, and together they fraudulently withdrew approximately $80,000 from various Chicago ATMs during the early morning hours of November 8, 2008. Martin, whose primary residence is in Nigeria, was arrested in March 2011 outside JFK airport in New York on her way to London.

This case was investigated by special agents of the Federal Bureau of Investigation. Assistance was provided by numerous domestic and international law enforcement partners. WorldPay immediately reported the crime and substantially assisted in the investigation.

Assistant United States Attorneys Lawrence R. Sommerfeld and Nicholas Oldham, and Trial Attorney Carol Sipperly of the Department of Justice Computer Crime and Intellectual Property Section prosecuted the case, with substantial assistance from the Department of Justice Office of International Affairs.

Everything I Do--I Do For "The Recovery Of Missing Children"..

FBI Brings CODIS Software to Mauritius

Washington, D.C.
August 22, 2012 FBI National Press Office
(202) 324-3691



Today, the FBI announced plans to share the Combined DNA Index System (CODIS) technology with our law enforcement partners in Mauritius. The initiative demonstrates and reaffirms the FBI’s commitment to assist international law enforcement agencies in combating violent crime.

A letter of agreement will allow the Mauritius Forensic Science Laboratory to operate a DNA database, utilizing the same platform as many of its South American, Mexican, and Caribbean counterparts.

Once CODIS is installed, the Mauritius Forensic Science Laboratory will join more than 70 international laboratories that are using the software for the management of its DNA data. The CODIS system provided will have no connectivity to the U.S. National DNA database.

The FBI Laboratory sponsors CODIS as part of a technical assistance program to international law enforcement forensic laboratories. CODIS blends forensic science and computer technology into an effective tool for solving violent crimes. The software allows laboratories to store, compare, and match DNA records from offenders, crime scene evidence, unidentified human remains, and relatives of missing persons. Centralized DNA data enables law enforcement to benefit from new information in previously unrelated investigations.

In 1998 the National DNA database, known as the National DNA Index System (NDIS), was established in the United States. Currently, NDIS has over 11 million searchable profiles and has aided over 177,000 investigations.

DNA databases have proven to be invaluable to the law enforcement community and the victims of violent crimes and their families. They have been particularly helpful to investigations that are very old and no longer producing new leads. Decades ago, crimes from cold cases would have remained unsolved.

With the participation of more than 260 laboratories in over 35 countries, CODIS software has been instrumental in solving violent crimes throughout the world.

The FBI is pleased that our law enforcement partners in Mauritius are joining the CODIS team.

"You Won't Get-Eth Away,with being a Life Long Criminal For-Ever

Search Warrants Lead to Multiple Arrests and Seizure of Thousands of Marijuana Plants

U.S. Attorney’s Office
August 22, 2012 Southern District of Texas
(713) 567-9000



HOUSTON—A total of 24 people have been arrested and nearly 14,000 marijuana plants have been confiscated following enforcement actions conducted throughout the greater Houston area this week, United States Attorney Kenneth Magidson announced today along with Special Agent in Charge of the Drug Enforcement Administration (DEA) Javier F. Peña.

On Tuesday, August 21, sealed search warrants were executed on 60 properties located throughout Harris, Fort Bend, and Montgomery Counties. A total of 40 of these properties were allegedly active hydrophonic marijuana grow houses and contained marijuana plants in various stages of the growth. As a result of the searches, 24 individuals have now been arrested.

“Yesterday’s findings demonstrate the level of sophistication utilized by some organizations to conduct their alleged illegal activities,” said Peña. “The DEA and its law enforcement partners will continue to aggressively and proactively target all areas of drug trafficking. Operations of this nature pose serious safety concerns for the occupants of the residences, as well as entire neighborhoods.”

The criminal complaint filed just moments ago charges the defendants with conspiring to possess with intent to distribute a controlled substance involving more than 1,000 marijuana plants and conspiracy of maintaining a place for the purpose of manufacturing, distributing and using controlled substances. The complaint alleges that numerous houses located throughout Montgomery, Harris, and Fort Bend Counties were utilized to grow marijuana. The searches resulted in the seizure of at least 100 and up to more than 850 marijuana plants in each of the 40 grow houses, totaling approximately 13,907 marijuana plants. Also seized during the course of the enforcement action on Tuesday was the equipment allegedly used to grow the marijuana as well as additional equipment from a suspected hydrophonic store front and warehouse.

Prior to the enforcement action yesterday, 14 additional grow houses had also been searched previously in relation to this organization, during which additional marijuana plants were also seized. The total of plants during the course of the overall investigation totals approximately 19,000 plants.

Those taken into custody during the enforcement action yesterday were arrested at either their residence and/or one of the suspected locations of criminal activity. Those individuals and areas include: Thu Loan Dinh, 35; Hong Nhut Dang, 41; Anh Quang Nguyen, 52; Van Long Tran, 33; Tien Van Nguyen, 43; Minh Pham, 58; Truong Quang Lam, 37; Gioi The Nguyen, 55; Quy Ngoc Nguyen, 39; Khac Hung Dinh, 45, all of Houston; Long Nguyen, 32; Long Do, 32; Tam Nguyen, 52; Thang Van Doan, 35, all of Conroe, Texas; Timmy Dang, 37; Huu Trong Vu, 23; Ida Nga Pham, 33; Vinh Cong Le, 27; Hung Huy Nguyen, 48; Thiet Van Nguyen, 49; Trang Thi Kim Truong, 40; and Thi Ngo, 46, all of Spring, Texas; Yen Thi Do, 42, Richmond, Texas; and Tai Tan Nguyen, 29, Tomball, Texas.

All are expected to appear before U.S. Magistrate Judge Nancy K. Johnson momentarily, at which time the United States will request they remain in custody pending further criminal proceedings.

Also charged in relation to this case is Dinh Le, 47, of Houston. He is currently in state custody on related charges and is expected to be transferred to face these charges in the near future.

A conviction for conspiracy to possess with the intent to distribute carries as possible punishment a term of no less than 10 years and up to life in federal prison as well as a $10 million fine. If convicted of conspiracy to maintain a place of manufacturing, each defendant also faces up to 20 years in prison and a maximum $500,000 fine.

The charges are the result of an Organized Crime Drug Enforcement Task Force investigation dubbed Green House Effect, which included federal, state, and local law enforcement agencies such as the DEA; sheriff’s offices in Harris, Fort Bend, and Montgomery Counties; Texas Department of Public Safety; Bureau of Alcohol, Tobacco, Firearms, and Explosives; FBI, Homeland Security Investigations; police departments in Houston, Katy, Pearland, Willis, Conroe, Huntsville, and Pasadena, Texas; National Guard Joint Counter Drug Unit; and Cypress Creek Emergency Medical Services.

Saturday, August 18, 2012

The Importance Of It All...

Twenty-Three Defendants Charged with Drug and Gun Offenses in Federal Investigation of North Georgia Motorcycle Clubs
Defendants Include Regional President of Outlaw Motorcycle Club and Georgia President of the Outlaw-Affiliated Black Pistons Motorcycle Club
U.S. Attorney’s Office August 16, 2012 ■Northern District of Georgia (404) 581-6000



GAINESVILLE, GA—Twenty-three defendants, most with ties to the Outlaw Motorcycle Club in Georgia and its affiliated clubs, have been charged with federal drug and gun offenses arising from a undercover investigation conducted by the Federal Bureau of Investigation. FBI agents and local law enforcement officers cooperating in the investigation arrested 21 of these defendants today, while also executing seven search warrants at the Outlaw Motorcycle Club clubhouse on Cascade Road in Southwest Georgia; the Hoodlums Motorcycle Club headquarters on South Waterworks Road in Buford, Georgia; and the residences of several defendants.

Six indictments charging 20 defendants and one criminal complaint charging three defendants were unsealed today in federal court in Gainesville, Georgia, and 20 of the defendants arrested this morning began appearing before United States Magistrate Judge Susan S. Cole for their initial appearances. Another defendant, arrested in Dallas, Texas, appeared in federal court there today. Agents continue to seek the whereabouts of two defendants. The indictments charge crimes including methamphetamine and cocaine conspiracy and possession, using and carrying firearms during the commission of drug trafficKing crimes, conspiracy to illegally make and transfer a destructive device, possession of a firearm by a convicted felon, possession of a firearm with an obliterated serial number, and knowingly transferring a firearm to a convicted felon. The criminal complaint charges three defendants with obstructing the FBI undercover investigation.

“All but two of the defendants charged in this investigation have direct ties to the Outlaw Motorcycle Club or other motorcycle clubs that are affiliated with and controlled by the Outlaws,” said United States Attorney Sally Quillian Yates. “The charges unsealed today allege that these motorcycle club members engaged in substantial drug trafficKing and weapons offenses. This case is a big step forward in maKing sure that these groups don’t threaten the safety of our North Georgia communities.”

Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, stated, “Today’s arrests of the numerous members of the Outlaw Motorcycle Club and those of several of its affiliate clubs represents the unified efforts of our region’s law enforcement in addressing a serious and very structured crime problem. The Outlaw Motorcycle Club, its affiliate clubs, and its membership are not above nor beyond the law and today’s arrests, the culmination of a two-year intensive investigation, should serve as clear evidence of that.”

The criminal charges all relate to acts by individuals or small groups of individuals and do not allege that any of the criminal acts were performed on behalf of the motorcycle gangs or as an official part of membership in the gangs.

Among those arrested today was Larry McDaniel, a/k/a, Larry Mack, 65, of Atlanta, Georgia, who is the president of the Silver Region of the Outlaw Motorcycle Club. The Silver Region encompasses Georgia and Alabama. Also arrested were Sean King, 40, of Gordon, Georgia, a member of the Outlaw Motorcycle Club of Georgia; and Howard Brown, 63, of Milledgeville, Georgia, the Georgia president of the Black Pistons Motorcycle Club. The Black Pistons Motorcycle Club is an affiliated club of the Outlaw Motorcycle Club.

McDaniel, King, and Brown are charged in a criminal complaint with obstructing the FBI undercover investigation in connection with the disclosure to other club members who were targets of the investigation that a member of the Cleveland, Georgia chapter of the Black Pistons was working as an informant for the FBI. McDaniel, King, and Brown made initial appearances before United States Magistrate Judge Susan S. Cole in federal court in Gainesville today. King and Brown were released on bond during today’s hearings. The United States moved for McDaniel to be held without bond, and a detention hearing for McDaniel has not yet been set.

Also charged in federal indictments unsealed today:

■Phillip Alexander, a/k/a “Skullf**ker,” 49, of Buford, Georgia, with aiding and abetting the possession of cocaine and methamphetamine with the intent to distribute it.
■Walt Verrill, a/k/a “Black Piston Walt,” 48, of Sautee, Georgia, with cocaine conspiracy and aiding and abetting the possession of cocaine and methamphetamine with intent to distribute it.
■Benny Leverett, a/k/a “Outlaw Benny,” 46, of Buford, Georgia, with aiding and abetting the possession of methamphetamine with the intent to distribute it.
■Dan Redding, a/k/a “Hoodlum Dan,” 26, of Fort Worth, Texas, with aiding and abetting the possession of methamphetamine with the intent to distribute it.
■Renyol Castrojon, 21, of Gainesville, Georgia, with conspiracy and possession counts relating to methamphetamine.
■Larry Samples, a/k/a “Duke,” 42, of Hull, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficking crime.
■Darren Lloyd, a/k/a “Panhead,” 48, of Winterville, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficking crime.
■George Jordon, a/k/a “Hammer,” 45, of Hull, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficking crime.
■Winfred Turner, a/k/a “Outlaw Bubba,” 61, of Watkinsville, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficKing crime.
■Dennis Riley, 35, of Hull, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficking crime.
■James Brown, 41, of Danielsville, Georgia, with cocaine conspiracy, aiding and abetting the possession of cocaine with intent to distribute it, and using and carrying firearms during the commission of a drug trafficking crime.
■Tony Parrott, 45, of Ellijay, Georgia, with methamphetamine conspiracy and distribution, and conspiracy relating to cocaine.
■Howard Haney, 41, of Alpharetta, Georgia, with methamphetamine conspiracy and distribution.
■Davey Honeycutt, 41, of Gainesville, Georgia, with cocaine conspiracy and possession charges and being a convicted felon in possession of a firearm.
■Brandon Musser, 27, of Gainesville, Georgia, with cocaine conspiracy and possession charges.
■Thomas Coley, a/k/a “Preacher,” 58, of Elberton, Georgia, with cocaine conspiracy and possession charges.
■Phillip Honeycutt, 46, of Gainesville, Georgia, with cocaine conspiracy and possession charges.
All the above defendants, with the exception of Howard Haney , are either members of, or otherwise affiliated with, the Outlaws, Southern Knights, the Black Pistons, or the Hoodlums Motorcycle Clubs. The Southern Knights, Black Pistons, and Hoodlums Motorcycle Clubs are affiliated with the Outlaws Motorcycle Club.

George Norwood, 48, of Cumming, Georgia, and Raymond Sellers, 65, of Dawsonville, Georgia, were arraigned on charges that they conspired to unlawfully make a destructive device, specifically, a bomb, and to unlawfully transfer the bomb to an undercover agent. The indictment alleges that Sellers provided the undercover agent with a list of ingredients he would need to make the bomb. According to the indictment, on July 21, 2012, the undercover agent delivered to Sellers a quantity of sulphur, which was one of the ingredients that Sellers stated that he would need to construct the bomb. According to an affidavit filed in support of a search warrant for Sellers’ residence, Norwood claimed that Sellers is capable of building a bomb strong enough to destroy a house. Norwood is charged separately with possession of a firearm with an obliterated serial number.

In their initial appearances before Magistrate Judge Cole today, the government asked for Norwood and Sellers to be held without bond, and Judge Cole scheduled a detention hearing on August 21 at 1 p.m. Norwood and Sellers are both connected with the Black Pistons Motorcycle Club.

James Robert (Bobby) McGlothlin, 48, of Dawsonville, Georgia, is charged with providing a firearm to another individual with knowledge that the other individual was a convicted felon. McGlothlin was released on a bond.

In their initial appearances before Magistrate Judge Cole today, the government asked for McDaniel, Alexnader, Verrill, Leverett, Redding, Castrojon, Norwood, Sellers, Samples, Llyod, Jordon, Turner, Riley, Brown, Parrott, Haney, Davey Honeycutt, Phillip Honeycutt, Musser, and Coley to be held without bond, and Judge Cole scheduled detention hearings for these defendants on August 21 at 23.

Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges, and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents of the Federal Bureau of Investigation with assistance from the North Georgia Major Offenders Task Force, which is composed of the law enforcement officials from the FBI, Georgia Bureau of Investigation, Hall County Sheriff’s Office, Gainesville Police Department, Forsyth County Sheriff’s Office, and Cherokee County Sheriff’s Office. In addition, the White County Sheriff’s Office provided significant assistance in the investigation.

Assistant United States Attorneys William L. McKinnon, Jr. and Sally Molloy are prosecuting the case.

Saturday, August 11, 2012

Oversight Republicans Blog Thank you

Posted on August 11, 2012 by 2012marandalaw.wordpress.com

“####….Someone is Racketeering The States Lottery Numbers”…
Posted on August 11, 2012 by 2012marandalaw

While analyzing the Flame malware that we detected in May 2012, Kaspersky Lab experts identified some distinguishing features of Flame’s modules.

via Gauss: Abnormal Distribution – Securelist####

Canadian Anti-Fraud Centre / Centre antifraude du Canada http://wp.me/p2mFyC-bQ via @wordpressdotcom…

via Gauss: Abnormal Distribution – Securelist.

This is Orgainzed Crime,Once Again.
I Live in Northeast Ohio,I have a War Conflict Name Change,that my 10 uncles set forth,for the protection and well being of my family.
I can’t even send a FBI tip email,or a Fraud Email to our Canada Counterparts.
Every since The Truth is coming out about the “Sexual Serial Killer within The Royal Canadian Air Force”,Atf Fraud,Sex Scandals,Cult Members Locking Up children,Ect..Ect.These Terrible Acts Of Violence,Has To Stop,Within The White House and The Pentagon.
Please Get these Ignorant Human Beings Out Of My Computer!Please don’t take a year to do it either.I perfer Responsible Human Beings!

Thank You,
Donna J.Marn
(Marinchek)

Complaint has been submitted

Complaint has been submitted
From: no-reply
no-reply@consumersentinel.gov To: catwoman125mom
Date: Sat, Aug 11, 2012 12:11 pm

Complaint Submitted
Thank you for contacting the FTC. Your complaint has been entered into Consumer Sentinel, a secure online database available to thousands of civil and criminal law enforcement agencies worldwide. Your reference number is:39640350




Here are links to the publications you may find useful:

ID THEFT: WHAT'S IT ALL ABOUT
Deter, Detect, Defend - VIDEO


If you want to update your information or have any questions, please call our Consumer Response Center, 1-877-FTC-HELP. Keep your reference number handy

Friday, August 10, 2012

“Happy B-Day”..To Me..Thank You

“Happy B-Day”..To Me..Thank You
Posted on August 10, 2012 by 2012marandalaw
CBP at JFK Seizes Heroin
U. S. Customs and Border Protection Officers Catch Heroin in Hair Treatment Product

(Thursday, August 09, 2012)

Jamaica, N.Y.— An arriving passenger at John F. Kennedy International Airport found herself in a “hairy” situation when she was confronted by U. S. Customs and Border Protection Officers.



Heroin disguised as Hair Treatment




On July 25, CBP officers inspected Ms. Emilce Cardona who was arriving on a flight from Bogota, Colombia. During the course of the inspection CBP officers discovered 38 packages of hair treatment within her baggage, which when probed produced a brown pasty substance that tested positive for heroin. Ms. Cardona was arrested for the importation of narcotics and was turned over to Homeland Security Investigations. The total weight, hair treatment as well as heroin, from this seizure is approximately 8.05 lbs.

“This latest seizure demonstrates the steadfastness of the CBP officers on the ground to detect, detain and deter those who would try to import these illegal substances,” said Robert E. Perez, Director, Field Operations New York. “CBP is ever vigilant in our daily battle in combating the flow of illicit narcotics from entering the United States.”



Inventive way to attempt to smuggle heroin into the United States




Ms. Cardona now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

All defendants are considered innocent until proven guilty.

U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of our Nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

"Twitter 19actionnews Copylink"...

RTA ALERT: Blue, Green Lines closed due to electrical issues - 19 Action News|Cleveland, OH|Breaking News, Weather, Exclusives http://www.woio.com/story/192​44916/rta-alert-blue-green-li​nes-closed-due-to-electrical-​issues #.UCUxnXlqmbU.twitter

"This Is a Promised...All Around Law Enforcement Ass Kickin"..From Me!

This is what happens when i send a google email..to my,Local FBI Office,And Our Counterparts..Canadian Fraud Address...I am Just Alittle..Angry,Again!!

Merci d #65533;avoir communiqu #65533; avec le Centre Anti Fraude du Canada. Votre courriel a
#65533;t #65533; re #65533;u. #65533;tant donn #65533; la grande quantit #65533; de courriels qui nous sont envoy #65533;s,
vous ne recevrez aucun suivi.

Si vous #65533;tes victime d #65533;un vol d #65533;identit #65533;, avez perdu de l #65533;argent, n #65533;avez pas
re #65533;u la marchandise ou les services promis, #65533;tes dans le processus d #65533;envoyer de
l #65533;argent ou avez des questions ou des inqui #65533;tudes, veuillez composer notre
num #65533;ro sans frais, 1-888-495-8501, et en discuter avec un repr #65533;sentant. En
raison d #65533;un nombre sp #65533;cialement #65533;lev #65533; d #65533;appels, l #65533;attente peut #65533;tre excessive.

SVP veuillez prendre note que le CAFC est le d #65533;p #65533;t central de donn #65533;es sur les
fraudes. Notre unit #65533; d #65533;analyse de renseignement criminel fournit un soutient
aux agences responsables de l #65533;application de la loi%2

Thursday, August 9, 2012

"I Just Love Those Shiney,SWAT Team Trucks"....

Re: Fwd: Netzero Internet Bank Fraud C/O Stephen D.Anthony Agent In Charge
From: info
info@antifraudcentre.ca
To: catwoman125mom
Date: Thu, Aug 9, 2012 1:55 pm
This is an auto-response, please do not reply.

Thank you for contacting The Canadian Anti-Fraud Centre (CAFC). Your e-mail has
been received. Due to the high volume of e-mails, you will not receive a reply.

If you are a victim of identity fraud, have lost money, not received goods or
services, are in the process of sending money or have a question or concern,
please contact our toll free number 1-888-495-8501 and speak to a
representative. Due to high call volume, you may experience an excessive wait
time.

Please be aware that the CAFC is a central repository for fraud data. Our
Criminal Intelligence Analysis Unit provides support to law enforcement agencies
by analyzing fraud data submitted to the CAFC. We strongly recommend that
consumers also report all fraud related matters to their local police agency.

The Canadian Anti-Fraud Centre advises consumers not to open unsolicited emails
or when the sender is unknown. Spam usually means scam. Just delete them!

For more information, please do not hesitate to visit our website:
www.antifraudcentre.ca

Ceci est un message automatis�; veuillez ne pas r�pondre � cette adresse.

Merci d�avoir communiqu� avec le Centre Anti Fraude du Canada. Votre courriel a
�t� re�u. �tant donn� la grande quantit� de courriels qui nous sont envoy�s,
vous ne recevrez aucun suivi.

Si vous �tes victime d�un vol d�identit�, avez perdu de l�argent, n�avez pas
re�u la marchandise ou les services promis, �tes dans le processus d�envoyer de
l�argent ou avez des questions ou des inqui�tudes, veuillez composer notre
num�ro sans frais, 1-888-495-8501, et en discuter avec un repr�sentant. En
raison d�un nombre sp�cialement �lev� d�appels, l�attente peut �tre excessive.

SVP veuillez prendre note que le CAFC est le d�p�t central de donn�es sur les
fraudes. Notre unit� d�analyse de renseignement criminel fournit un soutient
aux agences responsables de l�application de la loi en analysant les donn�es sur
les fraudes soumises au CAFC. Nous recommandons fortement aux consommateurs de
communiquer au pr�alable avec leur service de police local afin de signaler une
fraude.

Le Centre Anti Fraude du Canada recommande aux consommateurs de ne pas ouvrir
les courriels non sollicit�s; polluriel veut g�n�ralement dire fraude. N�ouvrez
pas un courriel dont l�exp�diteur vous est inconnu. Il suffit de les effacer!

Pour de plus amples renseignements, vous pouvez consulter notre site web :

Take a look at this Forwarded Message..
When Ignorant Human Beings..
Do Incredibly Ignorant Shit Like This..
They should go to prison..
For Life..

Tuesday, July 31, 2012

"Pornography That Causes Internet Damage"...

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Saturday, July 21, 2012

"Violent Islamist Extremism"...

LIEBERMAN, COLLINS RESPOND TO WEBSTER REPORT
Thursday, July 19, 2012
WASHINGTON – Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman, ID-Conn., and Ranking Member Susan Collins, R-Maine, Thursday responded to the declassified version of a new report on the causes of the 2009 Fort Hood shooting, which took the lives of 13 people and wounded 32 others.

This latest investigation and its subsequent report were led by former FBI Director William Webster. The Homeland Security and Governmental Affairs Committee issued a report in February 2011 titled “A Ticking Time Bomb: Counterterrorism Lessons from the U.S. Government’s Failure to Prevent the Fort Hood Attack,” which concluded that the Department of Defense and the FBI had enough information to prevent the attack.

The Senators’ statement follow:

“We appreciate the hard work and thorough investigation conducted by Judge Webster and his team on the failures that led to the 2009 Fort Hood terrorist attack, which killed 12 soldiers and one Army civilian employee, and wounded 32 others.

“The Webster report reinforces many of the conclusions we reached and made public in our February 2011 report, including the inadequacy of the investigation conducted by the FBI’s Washington Field Office and the need for better information sharing between FBI and the Department of Defense. Ultimately, our report concluded that the Department of Defense and the FBI had enough information to have detected Nidal Hasan’s radicalization to violent Islamist extremism.

“We are concerned that the report fails to address the specific cause for the Fort Hood attack, which is violent Islamist extremism. And we are skeptical that FBI analysts are now well-integrated into the FBI’s operations, as the report states.

“We are appreciative that, for the first time, the report declassifies the communications between Nidal Hasan and Anwar al Awlaki so that all Americans, especially the families of the victims, can understand Hasan’s radicalization and the full scale of the tragedy for which he is responsible. We reviewed these communications as part of our investigation, and they informed our conclusion that the attack could have been prevented if DOD and the FBI had acted sensibly and responsibly based on the evidence they had of Hassan's radicalization to violent Islamist extremism.”

Monday, July 16, 2012

"80,000 pages of computer documents generated by the surveillance effort"

Vast F.D.A. Effort Tracked E-Mails of Its ScientistsBy ERIC LICHTBLAU and SCOTT SHANE
Published: July 14, 2012

WASHINGTON — A wide-ranging surveillance operation by the Food and Drug Administration against a group of its own scientists used an enemies list of sorts as it secretly captured thousands of e-mails that the disgruntled scientists sent privately to members of Congress, lawyers, labor officials, journalists and even President Obama, previously undisclosed records show.

Enlarge This Image
A list names three of the 21 people said to be collaborating in criticism of the F.D.A., including employees and outside contacts.
Document: Reports From F.D.A. Surveillance Operation
Connect With Us on Twitter
Follow @NYTNational for breaking news and headlines.

Twitter List: Reporters and Editors

A memo reports that monitoring software had been placed on the laptop of an agency medical officer.
What began as a narrow investigation into the possible leaking of confidential agency information by five scientists quickly grew in mid-2010 into a much broader campaign to counter outside critics of the agency’s medical review process, according to the cache of more than 80,000 pages of computer documents generated by the surveillance effort.

Moving to quell what one memorandum called the “collaboration” of the F.D.A.’s opponents, the surveillance operation identified 21 agency employees, Congressional officials, outside medical researchers and journalists thought to be working together to put out negative and “defamatory” information about the agency.

F.D.A. officials defended the surveillance operation, saying that the computer monitoring was limited to the five scientists suspected of leaking confidential information about the safety and design of medical devices.

While they acknowledged that the surveillance tracked the communications that the scientists had with Congressional officials, journalists and others, they said it was never intended to impede those communications, but only to determine whether information was being improperly shared.

The agency, using so-called spy software designed to help employers monitor workers, captured screen images from the government laptops of the five scientists as they were being used at work or at home. The software tracked their keystrokes, intercepted their personal e-mails, copied the documents on their personal thumb drives and even followed their messages line by line as they were being drafted, the documents show.

The extraordinary surveillance effort grew out of a bitter dispute lasting years between the scientists and their bosses at the F.D.A. over the scientists’ claims that faulty review procedures at the agency had led to the approval of medical imaging devices for mammograms and colonoscopies that exposed patients to dangerous levels of radiation.

A confidential government review in May by the Office of Special Counsel, which deals with the grievances of government workers, found that the scientists’ medical claims were valid enough to warrant a full investigation into what it termed “a substantial and specific danger to public safety.”

The documents captured in the surveillance effort — including confidential letters to at least a half-dozen Congressional offices and oversight committees, drafts of legal filings and grievances, and personal e-mails — were posted on a public Web site, apparently by mistake, by a private document-handling contractor that works for the F.D.A. The New York Times reviewed the records and their day-by-day, sometimes hour-by-hour accounting of the scientists’ communications.

With the documents from the surveillance cataloged in 66 huge directories, many Congressional staff members regarded as sympathetic to the scientists each got their own files containing all their e-mails to or from the whistle-blowers. Drafts and final copies of letters the scientists sent to Mr. Obama about their safety concerns were also included.

Last year, the scientists found that a few dozen of their e-mails had been intercepted by the agency. They filed a lawsuit over the issue in September, after four of the scientists had been let go, and The Washington Post first disclosed the monitoring in January. But the wide scope of the F.D.A. surveillance operation, its broad range of targets across Washington, and the huge volume of computer information that it generated were not previously known, even to some of the targets.

F.D.A. officials said that in monitoring the communication of the five scientists, their e-mails “were collected without regard to the identity of the individuals with whom the user may have been corresponding.” While the F.D.A. memo described the Congressional officials and other “actors” as collaborating in the scientists’ effort to attract negative publicity, the F.D.A. said that those outside the agency were never targets of the surveillance operation, but were suspected of receiving confidential information.....This Sounds Very Dangerous....

Friday, June 8, 2012

"The Importance if it All"..

7 June 2012

Security Council
SC/10667
Department of Public Information • News and Media Division • New York
Security Council
6782nd Meeting (AM)

TOP OFFICIALS OF CRIMINAL TRIBUNALS FOR RWANDA, FORMER YUGOSLAVIA DESCRIBE RECENT

GREAT STRIDES TAKEN TOWARDS COMPLETING WORK, IN BRIEFING TO SECURITY COUNCIL

Presidents, Prosecutors Say Challenges Remain to Completion by December 2014,
Including Appeals, Staff Attrition, Recent Start to Trials of Long-Time Fugitives

The Presidents and Prosecutors of the International Tribunals on serious crimes committed during the Balkan wars of the 1990s and the 1994 Rwanda genocide told the Security Council today that they had recently made great strides in completing their work and ensuring a transfer of remaining tasks to a so-called “Residual Mechanism”.

Challenges to finishing all work on schedule by the completion date of December 2014 remained, however, including appeals processes, staff attrition due to the wind-down of the Tribunals and the cases of outstanding fugitives recently arrested or still at large.

In regard to the International Criminal Tribunal for the Former Yugoslavia, President Theodor Meron said that, of eight trials currently in progress, five were expected to be completed by 2012; however, other trials, including those involving recent arrests — namely, the cases of Radovan Karadžić, Ratko Mladić and Goran Hadžić — might continue past the completion date.

Some appeals had been advancing rapidly, Mr. Meron said, but one complex multi-accused case, which had been affected by translation and staffing issues, had suffered substantial delays. The benches hearing all cases would continue to focus on ways to minimize potential delays, while fully protecting the rights of the accused, he said.

Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia, affirmed the heavy workload of appeals cases and highlighted the importance of the Mladić and Karadžić cases. He said that, after a 16 year evasion, the start of the Mladić trial on 16 May was a significant milestone for the Tribunal. On Karadžić, he said the prosecution had made its case within the allotted 300 hours, spanning atrocities committed in Srebrenica in July 1995, crimes committed in 19 municipalities of Bosnia and Herzegovina and the kidnapping of United Nations staff. A hearing in June would determine if there was a need for further trial. In such case, Mr. Karadžić would commence the presentation of his defence in October, leaving a reasonable period to prepare.

On regional matters, Mr. Brammertz welcomed overall cooperation from States, but remained concerned over Serbia’s lack of progress in the prosecution of individuals who had harboured fugitives. In addition, he called on Bosnia and Herzegovina to take action on resolving the issue of outstanding files. He also stated that recent comments by the newly elected President of Serbia denying that genocide occurred in Srebrenica in 1995 were not acceptable.

Vagn Joensen, President of the International Criminal Tribunal for Rwanda, said that the Tribunal now had a vastly reduced judicial workload. Due in large part to continued hard work of staff, nearly all trial work was complete, only one trial judgement in an ongoing case would remain to be delivered in the second half of 2012, and all appeal judgements remained on track to be completed by the end of 2014.

The Tribunal, he said, had become more focused on requests for referral of cases to Rwanda and administrative energies were increasingly spent on downsizing and providing the support necessary for the opening of the Arusha branch of the Residual Mechanism, due to open next month, without taking attention away from the central task of completing all trial and appellate proceedings in a fair and expeditious manner. Cases for outstanding fugitives were being processed for transfer to national jurisdiction and the Residual Mechanism. He stressed, however, the importance of finding countries to receive persons acquitted in the Court’s trials, and pledged to increasingly apply his energies to persuade Member States to assist with relocation.

Hassan Jallow, Prosecutor of the International Criminal Tribunal for Rwanda, thanking those responsible for his appointment as Prosecutor of the Residual Mechanism, agreed that much progress had been made. Appeals litigation over referral of cases to Rwanda, however, had become a significant concern of his Office, as had further arrangements for monitoring referred trials. The focus would also shift to tracking the three top-level fugitives earmarked for trial by the Residual Mechanisms. He reiterated the responsibility of States to arrest and transfer fugitives found within their territories.

With regard to staffing, both Presidents highlighted the strain put on their remaining personnel by lack of job security and the loss of posts. They welcomed a waiver obtained from the Office of Human Resources Management on the prohibition on the direct hire of interns, and the transfer of a number of staff to the Residual Mechanisms. They called for further measures in that vein.

Both Presidents also agreed that the Tribunal’s progress in preparing for the transition to the unified Residual Mechanism was proceeding smoothly, and it would commence operations on 1 July 2012 with the opening of the Arusha branch. Aside from dealing with remaining judicial and administrative business of the Tribunals, the Mechanism would also serve to give continued access to the archives of the Tribunals for education purposes and to help build judicial capacity in the two regions, they said.

Following those presentations, representatives of Council members and concerned States expressed high appreciation and support for the work of the Tribunals, welcomed the accelerated progress and urged expeditious completion, while ensuring international standards of due process were maintained. They also called for all States to cooperate in the arrest and transfer of fugitives. Many called for progress in the investigation on the harbouring of fugitives and criticized the statement of the Serbian President on the Srebrenica massacre. Serbia’s representative said the country would continue its full support to the Tribunal, including sharing information on ongoing investigations into the harbouring of fugitives.

Most speakers also placed high value on the Residual Mechanism, with the representative of the United States highlighting its importance for preventing denial of serious crimes committed, combating impunity and contributing to the prevention of future mass atrocities around the world.

Also speaking today were the representatives of Guatemala, India, Germany, United Kingdom, South Africa, Pakistan, Portugal, France, Morocco, Colombia, Togo, Russian Federation, Azerbaijan, China, Croatia and Rwanda.

The meeting began at 10:15 a.m. and ended at 12:50 p.m.

Background

The Security Council met today to consider the reports of the International Tribunals for Rwanda and the former Yugoslavia (documents S/2012/349 and S/2012/354, respectively) on the progress of their completion strategies.

Opening Statements

Judge THEODOR MERON, President of the International Criminal Tribunal for the Former Yugoslavia, reported that the Tribunal had made great strides in the implementation of its completion strategy and in facilitating a smooth transition to the International Residual Mechanism for the Criminal Tribunals. At the same time, the Tribunal still faced difficult challenges, particularly with regard to staff attrition. Of the eight trials currently in progress, five were expected to be completed by the end of 2012; however, other trials, including those involving the lately arrested accused — namely, Radovan Karadžić, Ratko Mladić and Goran Hadžić — might continue past the indicated completion date of December 2014. The benches hearing those cases would continue to focus on ways to minimize potential delays while fully protecting the rights of the accused, he said. In that regard, he recalled that the Mladić case had commenced on 16 May 2012, which was six months before its anticipated start date. The Hadžić case was due to commence in October 2012, which was three months ahead of its anticipated start date.

The Tribunal’s Appeals Chamber was also making progress towards the completion of the cases on its docket. The hearing on the Ante Gotovina and Mladen Markač appeal was held more than nine months earlier than previously forecast, and preparations in the Momčilo Perišić case were advancing very rapidly. However, one complex multi-accused case, which had been affected by translation and staffing issues, had suffered substantial delays. Judgements were expected by the end of the year in the cases of Zdravko Tolimir and Jadranko Prlić et al., and a judgement was expected in the case of Vojislav Šešelj by March 2013. In those cases, measures had been adopted to reduce the translation time in those cases by 50 per cent; nevertheless, unforeseen delays in the trials themselves had delayed the relevant trial judgements. However, he said, with regard to staffing, the Tribunal had benefitted from a waiver obtained from the Office of Human Resources Management on the prohibition of the direct hire of interns.

The Tribunal’s progress in preparing for the transition to the Residual Mechanism was proceeding smoothly, he said, thanks in great part to the Registrars of the Residual Mechanism. In accordance with Council resolution 1966 (2010), the Mechanism would commence operations on 1 July 2012 with the opening of its Arusha branch. In anticipation of that milestone, a number of important steps had been taken, including the swearing in of all judges. The draft Rules of Procedure and Evidence had been circulated, and he hoped the Rules would be adopted expeditiously. The Tribunal had also been advertising vacancies in order to recruit necessary staff. In that vein, he thanked the Office of Human Resource Management for authorizing the Registrar to transfer a number of staff from the Tribunals to the Mechanism, thereby avoiding delays.

Due to those preparations, the Residual Mechanism was slated to assume competence over all judicial and prosecutorial functions identified by the Council on 1 July. In addition, the Mechanism might soon be called upon to exercise jurisdiction over appeals, if any, in up to three cases in which trial proceedings were recently delayed. That would require the assignment of an appeals bench, as well as legal and support staff, and would have financial implications. The overall cost to the United Nations could be greater than formerly envisaged.

Judge VAGN JOENSEN, President of the International Criminal Tribunal for Rwanda, said that since the last report the Tribunal has undergone significant shifts: judicial and legal activities had become more focussed on requests for referral of cases to Rwanda and administrative energies were increasingly spent on downsizing and providing the support necessary for the opening of the Arusha branch of the so-called Residual Mechanism (meant to archive records and complete unfinished tasks) next month, without taking attention away from the central task of completing all trial and appellate proceedings in a fair and expeditious manner.

In December 2011, he said, the final multi-accused trial judgement was expeditiously delivered in the Édouard Karemera et al. case. In the same month, the Appeals Chamber upheld the decision to refer the first Tribunal case to Rwanda for trial, with the accused Jean Uwinkindi transferred to Rwanda in April 2012 and a further three cases of accused fugitives already referred. The Prosecutor already requested, or would request, three more referrals of fugitive cases, all of which would be disposed of by next month. The final three fugitives, for whom evidence preservation would be concluded this month, were slated for trial by the Residual Mechanism upon arrest.

Five trial judgements were projected for delivery during the six-month reporting period and all but one would have been delivered by the end of this month, with the exception now expected by the end of 2012. Just yesterday, the trial chambers granted the application for referral to Rwanda of the final accused in pre-trial custody at the Tribunal, although the accused may appeal that decision and the Appeals Chamber would be expected to hand down a decision in the next several months.

In consequence, in what he called stark contrast to the last six-month report, he said that the Tribunal now had a vastly reduced judicial workload. Due in large part to continued hard work of staff, nearly all trial work was complete, only one trial judgement in an ongoing case would remain to be delivered in the second half of 2012, and all appeal judgements remained on track to be completed by the end of 2014.

Turning to staffing matters, he reiterated that judge extensions that had been requested were critical to ensuring that remaining goals were met. In addition, he again stressed the difficulties of staff retention due to the uncertainties presented by the drawdown of the Court, including the strain put on programme managers. He thanked staff of the Department of Management who had continued to explore and adopt additional measures and a common strategy for the problem, including putting in place an outplacement office for staff who have applied for various positions in the United Nations system.

He also reiterated the importance of finding countries to receive persons acquitted in the Court’s trials, and pledged to increasingly apply his energies to persuade Member States to assist with relocation. He called on Council members to “do their part in helping to ensure that we uphold this fundamental right of freedom to live one’s life after being acquitted by an international tribunal”.

Turning to the International Residual Mechanisms for Criminal Tribunals, he said that the Arusha branch would open its doors in less than one month, and from 1 July many judicial and prosecutorial functions would begin to be officially handed over, along with responsibility for the Tribunal’s archives, protection of witnesses and numerous other functions. Efforts were being made towards a seamless transition.

“As the remaining days of the ICTR become fewer and the Mechanism begins to take shape, we will continue to ensure that knowledge gained and lessons learnt are put to good use”, he said, pointing to the importance of sharing best practices, capacity-building and education for the region, “so that the Tribunal’s impact will not only be challenging impunity, but also helping to improve the means to dispense justice for an entire region”.—eob--

SERGE BRAMMERTZ, Prosecutor for the International Criminal Tribunal for the Former Yugoslavia, said that, by October, when the Hadžić case was set to begin, only three cases would remain on the Tribunal’s docket. However, a heavy workload loomed in the Tribunal’s appeals chamber. The case of Mladić had begun on 16 May, less than a year since his arrest. After his 16 year run from justice, the start of that trial was a significant milestone for the Tribunal. With regard to the Karadžić case, the prosecution had made its case within the allotted 300 hours, spanning atrocities committed in Srebrenica in July 1995, crimes committed in 19 municipalities of Bosnia and Herzegovina and the kidnapping of United Nations staff. At the hearing to be held in June, the chamber will determine if there was a need for further trial. In such case, Mr. Karadžić would commence the presentation of his defence in October, leaving a reasonable period to prepare.

The Tribunal had overcome a period without regular budget funds for the cases of Mladić and Hadžić, and was suffering from a high rate of staff departures at critical times. There was no mechanism in place for reversing the problem, he stressed in that respect. Staff with knowledge of the cases and relevant professional skills would be needed past 2014, and strategies must be in place to promote their continued availability. With no more fugitives from the Yugoslavia Tribunal, the court would be able to focus on requests for documents and witnesses for particular cases.

While he looked forward to the continuation of the Tribunal’s productive working relationship with its regional partners, there were, however, two exceptions. He remained concerned with Serbia’s lack of progress in the prosecution of individuals who had harboured fugitives, including Mladić. Serbia had committed to conducting more in-depth investigation into fugitive networks in the coming months; the Tribunal awaited the results of that investigation as a matter of priority. As for Bosnia and Herzegovina, 9 of the 13 relevant files were still pending, and no concrete evidence of progress had been made since 2008. Bosnia and Herzegovina must take steps towards progress, he stressed.

The Tribunal was also working to assist national authorities with the prosecution of war crimes in their jurisdiction, and was working with its counterparts at the International Criminal Tribunal for Rwanda to establish a mechanism to better respond to requests from national authorities. Even so, there were serious problems in many of those national strategies, particular in Bosnia and Herzegovina. Unless better strategies were put in place, he said, those processes would fail. Finally, he stated that recent comments by the newly elected President of Serbia denying that genocide occurred in Srebrenica in 1995 were not acceptable. “Such rhetoric is a backwards step, aggravates the victims’ suffering” and put progress in the former Yugoslavia as a whole at risk, he stressed.

HASSAN B. JALLOW, Prosecutor of the International Criminal Tribunal for Rwanda, concurred with the court’s President that the implementation of the completion strategy had gained significant momentum in the past six months, noting that the evidentiary phase of all current detainees had been concluded pending judgements to be delivered in the course of this year. Litigation over referral of cases to Rwanda, however, had been a significant concern of his Office during the same period. In addition, he had made further arrangements for monitoring referred trials.

He expressed hope that by the end of this year, all the cases of indictees earmarked for referral to national jurisdictions would have been transferred, leaving only the cases of the three top fugitives, i.e., Félicien Kabuga, Protais Mpiranya and Augustin Bizimana, which have been reserved for trial by the Residual Mechanism. The success of the referral mechanism had been due largely to the commitment of the Government of Rwanda, along with the commitment of the Rwanda Tribunal and development partners, in undertaking extensive law reform and capacity-building measures to ensure fair and effective trials.

The referral activity, besides its other benefits, had facilitated the deportation or extradition of suspected genocidaires to Rwanda from national jurisdictions where prosecution or extradition had hitherto been beset by technical difficulties.

The prosecution and management of appeals was also a growing part of his Office’s work, he said. The Office had been litigating in 33 appeals from final judgements and sentences returned in 12 cases. It also had been making preparations for six potential appeals in three cases. He anticipated, however, that the appellate workload would be concluded well within the time frame of the completion strategy.

If success in pending referral applications was successful, he said, the focus of his Office, in terms of tracking, would shift to the three top-level fugitives earmarked for trial by the Residual Mechanisms. The Tribunal would, however, provide support to Rwanda for the tracking and arrest of those fugitives whose cases had been referred. He reiterated the responsibility of States to arrest and transfer fugitives found within their territories, noting that his office was actively encouraging eastern, central and southern African regional institutions to make the arrest of the fugitives a priority.

He said his Office had also been occupied with archiving records for the Residual Mechanism, as well as servicing foreign requests for assistance, a task which would also be taken over by the Mechanism soon. He agreed that the establishment of the Arusha branch of the Mechanism had moved quickly. In terms of downsizing, he said that separation of staff whose services were no longer required had been intensifying. He expressed indebtedness to staff for their hard work. Finally, he thanked all those responsible for his appointment as the Prosecutor of the Residual Mechanism for a term of four years with effect from 1 March 2012, pledging his dedication to the tasks ahead.

Statements

GERT ROSENTHAL ( Guatemala) said that, 19 years after the first Tribunal had been established by the Untied Nations, he was pleased that no one indicted had escaped justice. With regard to the International Criminal Tribunal for Rwanda, he was happy to see that trials were being conducted within their agreed deadlines. However, he remained concerned that nine people were still fugitives from justice. The court could only accomplish its work if it received support from all States, he said, calling upon those States — especially those in the Great Lakes region — to help in the arrest and handing over all remaining fugitives. Guatemala congratulated the Tribunals for having moved forward in their completion strategies despite the heavy workload, but remained concerned about the loss of staff, which was a major impediment. He hoped that both Tribunals would be able to reverse that trend and to complete their mandates on time. Additionally, as Chair of the Informal Working Group on International Tribunals, Guatemala pledged its full support for those activities. The Tribunals had played an important role in the strengthening of the rule of law and the promotion of stability. Their effects had been far-reaching, in particular with regard to the establishment of the International Criminal Court, he said.

VINAY KUMAR ( India) said he was pleased to see that recommendations made by the Council with regard to the direct hiring of interns had been taken to heart and implemented, and that many cases in the International Criminal Tribunal for the Former Yugoslavia had begun or completed ahead of schedule. All trials at the International Criminal Tribunal for Rwanda were on track, he added, also noting with satisfaction the progress made in the completion strategy and the transfer of work to the Residual Mechanism. It was critical that the Tribunals finish their work on time, he stressed. The judges addressing the Council today had pointed out that trials and appeals were negatively affected by staffing shortages and the attrition of experienced staff. Careful consideration should be given to that pragmatic issue, and the Council should work to solve the problem. He welcomed the cooperation expended by all States concerned with the Tribunals, which was essential for their work. Moreover, the two courts had implemented their mandates, and the support of the Council was crucial at the current “critical time in the life of the Tribunals”.

MIGUEL BERGER ( Germany) recalled that all 161 individuals indicted by the International Criminal Tribunal for the Former Yugoslavia had been apprehended, and that the court anticipated the completion of all of its outstanding trials. Nonetheless, he recognized the need for several of those trials to extend beyond 2014, as the accused were making full use of their right to defence. Germany was satisfied to see the commencement of the Mladić trial on 16 May. With multiple counts of genocide, crimes against humanity and violations of laws or customs of war — of which both Mladić and Karadžić stood accused — those cases would stand out as both a reminder of atrocities committed, and as a warning for future generations, he said. States’ cooperation continued to be crucial for the successful completion of those and other trials, he added, calling upon Serbia and Bosnia and Herzegovina to continue to maintain that approach in the future. At the same time, he noted with concern the Prosecutor’s appraisal of a lack of results regarding Serbia’s stated commitment to investigate fugitive networks.

Turning to the International Criminal Tribunal for Rwanda, he welcomed the progress made in nearing completion of all trial work as foreseen in the Completion Strategy report of 2011. Another positive development had been the first ever transfer of an accused, Jean Uwinkindi, to Rwanda for trial, and the setting up of a monitoring mechanism in that respect. It remained a matter of concern, however, that nine accused and internationally sought persons still remained at large. Their apprehension must be a priority, he emphasized, calling upon the international community, and in particular the concerned States, to bring those persons to justice.

PAUL MCKELL ( United Kingdom) reiterated his country’s support for the work of the Tribunals, their Presidents and their Prosecutors. He noted with appreciation that Serbian authorities had fully met the former Yugoslavia Tribunal’s expectations in providing trial-related assistance, but echoed the report’s call for an intensification of efforts to investigate the support network that allowed Messrs Mladić and Hadžić to evade capture for so long. He also welcomed the trial assistance afforded by Croatia and hoped that all sides would respect the Gotovina appeals process. Also welcoming the capture of Radovan Stanković by the authorities of Bosnia and Herzegovina, he called on country authorities to address the delays in processing domestic war crimes cases as a matter of urgency.

The Mladić trial, he said, was a powerful reminder that impunity was no longer acceptable, while calling for the Tribunal to prevent any further delays in the Karadžić trial. In regard to the ICTR, he welcomed efforts towards timely completion and encouraged all Member States, especially Kenya and Zimbabwe, to provide full cooperation towards bringing the remaining fugitives to justice. In regard to both Tribunals, he welcomed staff retention measures and encouraged the Tribunals to continue to prioritize their resources as effectively as possible, and he encouraged them to continue their close cooperation with each other in transition to the Residual Mechanism.

BASO SANGQU (South Africa), also expressing appreciation for the work of the two Tribunals, said it was important that both invigorate their efforts in ensuring compliance with the completion strategy, while upholding international legal standards. He welcomed referral of cases to national jurisdictions and encouraged the Rwanda Tribunal to make more referrals to domestic courts. Ensuring adherence to international standards was crucial in referred cases, however. With regard to fugitives, he called on Member States to cooperate as much as possible in their apprehension, and in the matter of staff retention, he noted his country stood ready to consider innovative solutions.

ASIM IFTIKHAR AHMAD ( Pakistan) expressed complete support for the two Tribunals, and appreciated that they continued to contribute to procedural and evidentiary international law in a professional manner. He also welcomed progress in the transition to the Residual Mechanism and supported providing sufficient resources to the Tribunals for the completion strategy, and called for the consideration of logical strategies to deal with staff retention. He expressed hope that the remaining fugitives from the Tribunals would be apprehended with cooperation from Member States, which was also needed for finding host States for acquitted persons. Finally, he expressed appreciation for the compilation by the Rwanda Tribunal’s legal library of a bibliography of all relevant literature on the work of the Tribunal and other efforts to ensure the positive legacy for the Tribunals for the future of global justice.

JOÃO MIGUEL MADUREIRA ( Portugal) said that the reports today reflected progress made so far by both Tribunals, and highlighted the fact that practical measures — such as the use of ad litem judges for the trial of contempt cases recently put into practice — could produce considerable results in terms of speeding up judicial activities. Portugal encouraged the Presidents of the Tribunals to continue to actively identify possible ways of further promoting the better use of resources, with a view to improving the management of time devoted to the cases, while keeping fully in line with the required principles of justice. Creative, realistic and cost-effective solutions to that issue needed to be found and implemented as a matter of urgency; he also encouraged flexibility by the Secretariat in that regard.

He highlighted three aspects that continued to be sources of concern. First, on the matter of cooperation, he said that the importance of the cooperation of States with the Tribunals could never be overstated. He urged, in that respect, the continuation of efforts by States concerned to facilitate the arrest of fugitives still sought by the International Criminal Tribunal for Rwanda. Second, the Tribunals needed to be prepared to address the increasing number of requests addressed to States to host convicted persons to serve their sentences, and needed to find appropriate and prompt responses to such requests. Finally, definite solutions were needed to address the singular situation of those persons acquitted, and of those released after serving their sentences.

BÉATRICE LE FRAPER DU HELLEN (France) addressed, among other things, the presentation of evidence and the referral of cases to national courts. There were several concerns that continued with regard to cooperation, in particular the need for increased cooperation from Kenya and Zimbabwe in the arrest of outstanding fugitives. The Council should remind the relevant parties of their obligations in that regard, he stressed. Relocating persons acquitted, or those who had served their sentences, was another challenge. At the request of the Tribunals, France was hosting a number of such individuals, he said, and encouraged other States to come forward to do the same. France was fully aware of the challenges facing the Tribunals. While both courts should move forward in the transition to the Residual Mechanism, nothing should be done that could undermine their capacities to address the serious cases currently being considered. In that regard, he underscored that cooperation with the International Criminal Tribunal for the Former Yugoslavia, and regional cooperation, was important for the European Union. Finally, the massacre of Srebrenica was indeed genocide, he stressed, reminding all parties that such a legal definition was binding.

LOTFI BOUCHAARA ( Morocco) said that his delegation was pleased to hear that the Tribunals were on track to complete their work by the expected completion date. Morocco also welcomed the fact that new measures had allowed the International Criminal Tribunal for the Former Yugoslavia to complete cases earlier than scheduled. The efforts undertaken at the International Criminal Tribunal for Rwanda had also led to the anticipation of early judgements. He hoped, in that respect, that the relevant United Nations bodies would consider additional measures related to the process of downsizing and the completion of the deliberations of both courts. In that context, it was necessary to underscore the importance of the cooperation of Member States, regional and subregional groups with the Tribunals, in particular with regard to fugitives at large, requests for judiciary assistance and the hosting of those who had been acquitted, or who had completed their sentences. The transfer of five cases by the International Criminal Tribunal for Rwanda to Rwandan courts, as well as other such transfers, could also help to strengthen those national courts, he said. The protection of the legacy of the Tribunals had a legal and a moral value, he concluded, as they were an important source of history and held lessons for future generations.

JUAN JOSÉ QUINTANA (Colombia), congratulating both Tribunals on progress in completion strategies and the transition to the Residual Mechanism, said that both had made great contributions to international justice and peace and security. He welcomed measures to assist the Tribunals with staff retention matters, as well as progress in facilitating the Residual Mechanism. In regard to the International Criminal Tribunal for Rwanda, he called for the Council to call for greater cooperation from Member States in finding homes for acquitted persons and in arresting fugitives. He said his country would spare no effort in supporting the continued success of the efforts of the Tribunals and the Residual Mechanism.

JEFFREY DELAURENTIS ( United States) commended the Tribunal Presidents, Prosecutors and Registrars for the progress on the completion strategy, downsizing and transition to the Residual Mechanism, expressing gratitude to judges and staff members who were performing multiple functions. He called on the Council to be flexible in deadlines, to ensure that both Tribunals were able to administer justice expeditiously, yet fairly. In regard to the International Criminal Tribunal for the Former Yugoslavia, he welcomed the reported cooperation of Serbia, Croatia and Bosnia and Herzegovina with the court, which was critical for Euro-Atlantic integration, and looked forward to Serbia’s completion of investigations into the sheltering of notorious fugitives from the Tribunal. At the same time, he deplored the statement made this week denying genocide in Srenbenica, which the Tribunal had confirmed and could not be denied.

Turning to the International Criminal Tribunal for Rwanda, he called on all Member States to help apprehend remaining fugitives. He welcomed Rwanda’s willingness to fairly adjudicate transferred cases, as well as the Tribunal’s efforts to create a robust monitoring mechanism. He stressed, finally, the importance of ensuring the accessibility of Tribunal archives, to prevent denial of the atrocities in the future, to combat impunity and to contribute to the prevention of future mass atrocities.

KOFFI KUMELIO AFANDE ( Togo), expressing further appreciation for the work of the Tribunals, welcomed the progress that had been made in the six-month reporting period to address remaining challenges in their completion strategies. He called for redoubling the cooperation of Member States in assisting the Tribunals to finish their remaining tasks, and in finding host countries for acquitted persons, or those who had completed their sentences, which he called an issue of human rights. He welcomed progress in the transferrals of Tribunal cases to Rwanda, along with the creation of monitoring mechanisms to ensure that international standards of due process were maintained. On staffing problems, he signalled his willingness to work with other Council members to find flexible solutions, stressing that experienced staff was critical for the continuing success of the completion strategy and the transition to the important Residual Mechanism.

SERGEY N. KAREV ( Russian Federation) said that the Residual Mechanism was the first of its kind, and would require the greatest levels of concentration and responsibility. The Mechanism had the necessary financing, and could use funds freed up by the Tribunals if necessary. The Tribunals themselves must also have additional capacities to complete their case loads within the time frame expected. However, the implementation of resolution 1966 (2010) “did not look that optimistic”. While trials had come to be heard earlier than expected, additional substantive measures were required to ensure that they completed their work on time. He noted that, in the last several years, the Tribunals had been able to significantly advance their work in apprehending fugitives, thanks to the increased cooperation of States. In that vein, he urged Serbia to urgently complete the investigation into fugitive networks, and specifically into the question of why certain fugitives had been able to evade justice for so long.

AGSHIN MEHDIYEV ( Azerbaijan) said that significant progress had been registered during the reporting period. However, he noted with concern that, similar to previous periods, the retention of qualified and experienced staff members continued to be an obstacle to the pace of the Tribunals’ work. Azerbaijan welcomed all measures implemented by the Tribunals to ensure a smooth handover of judicial functions to the International Residual Mechanism for the Criminal Tribunals. Taking note of the referrals of some cases by the Tribunals to national jurisdictions, he said that such an approach served not only to reduce the overall workload of the Tribunals, but to strengthen the capacity of national judicial systems and to reinforce the rule of law at the national level. It was important that States remained committed to living up to their obligations towards the Tribunals. That included by assisting with the arrest of the nine fugitives indicted by the International Criminal Tribunal for Rwanda.

WANG MAN (China), speaking in his national capacity, recalled that the relevant Security Council resolution required the Tribunals to finish their work by the end of 2014, and stressed that that timeline must be complied with. With regard to the International Criminal Tribunal for the Former Yugoslavia, that compliance was still faced with challenges. Relevant reform measures and the speeding up of cases were, therefore, needed. International cooperation remained of critical importance, he said, welcoming the cooperation of certain States in that respect. He called on States able to do so to host those persons who had been acquitted, or who had carried out their sentences. Finally, he urged the Secretariat to consider “flexible and feasible” ways to solve the difficulties faced by the Tribunals in the area of staff retention.

RANKO VILOVIĆ ( Croatia) expressed strong support for the work of the two Tribunals in effecting a smooth transition to the Residual Mechanism. He welcomed the progress achieved by the International Criminal Tribunal for the Former Yugoslavia and expected swift and efficient procedures in the three remaining first-instance cases, as well as appeals. In that regard, he supported the Tribunal’s efforts to expedite the overall pace of proceedings by introducing innovative reforms in staffing and the continued readiness of the Prosecutor’s Office to provide relevant information to support national investigations on war crimes as an important contribution to national efforts to end impunity.

Over the reporting period, he said, Croatian officials at the highest levels remained engaged in direct dialogue and close working relations with the Tribunal. He was pleased to note Prosecutor Brammertz’s recognition of the unequivocal cooperation of his country with his Office and he reaffirmed his country’s intention to continue such cooperation “until the very end of the Tribunal’s mandate and beyond, in relation to the Residual Mechanism”.

His country, he said, also continued to follow closely jurisprudence emerging from the Tribunal’s work, including its potential to shape future criteria for the lawful use of force. In that regard, he welcomed the Tribunal’s intention to engage eminent scholars in international law to further elucidate those issues. Finally, he affirmed the importance of regional cooperation in the matter of war crimes and related issues, but stressed that it should be carried out with full respect for national jurisdictions and on the basis of accepted international principles of procedure and evidence collection. Regional reconciliation, in addition, was only possible on the premise of accurate interpretation of unambiguously established historical fact and not on their denial or misinterpretation, particularly in regard to the most serious crimes, such as genocide.

EUGÈNE-RICHARD GASANA ( Rwanda), expressing appreciation for the Tribunals’ work, said that 2012 was a landmark year for the Rwanda justice system. A case had finally been transferred to national jurisdiction for trial after much effort, paving the way for others to be so transferred and signalling the competence of his country’s legal system for that purpose. In regard to those alleged genocidaires still at large, he expressed his country’s firm intention to bring those men to justice, and called for international cooperation in that regard. He welcomed extradition of those apprehended in other national jurisdictions to Rwanda and encouraged all Member States to arrest and extradite remaining fugitives, and to cooperate with the Rwanda Tribunal’s tracking unit in that regard.

He welcomed work towards a smooth transfer to the Residual Mechanism. Acknowledging the complex considerations involved in determining the location of the Rwanda Tribunal’s branch of the Mechanism, he called for its relocation from Arusha to his capital Kigali, to better serve the education of its population and to better perform all its functions. In conclusion, he said that, thanks to the efforts over the past decades of those involved in the local traditional process, known as Gacaca, as well as the Rwanda Tribunal and the national justices system, thousands of perpetrators of terrible crimes had been brought to justice and thousands of victims had told their stories, in favour of truth, reconciliation and healing. He called on the international community to continue the fight against impunity and pledged his Government’s continued cooperation to that end.

FEODOR STARČEVIĆ ( Serbia) said that the assessment of his Government and the Prosecutor’s report were once again in accord. There was not a single person accused by the International Criminal Tribunal for the Former Yugoslavia still at large, he stressed, and all those believed to be in Serbia had been captured and delivered to the Tribunal. Additionally, all new requests for assistance received from the Tribunal were received and dealt with on a daily basis, and without delay. The Prosecutor, in his recent report, had also paid attention to the Serbian investigation into the fugitive networks. While that issue did not fall under the competence of the International Criminal Tribunal for the Former Yugoslavia, it was still important for Serbia to find out who had harboured fugitives; Serbia had shared information on that ongoing investigation with the Prosecutor’s Office in good faith, and would continue to do so.

He further reaffirmed Serbia’s full cooperation with the Tribunal and its future cooperation with the Residual Mechanism, as well as its willingness to continue to cooperate with the informal working group on the issue of the archives of the Tribunals. Serbia was also willing to share the results of domestic war crimes trials with other States and partners. His delegation believed that relevant States should be allowed to sign agreements on the enforcement of sentences with the Tribunal. Serbia was willing to share in the responsibility of enforcing sentences, and hoped to do so. It further hoped that the Council would pay due regard to that initiative. The many contributions made by Serbia to the rule of law gave that country a moral right to insist on investigations into the matter of illicit organ trafficking by the so-called Kosovo Liberation Army. He hoped that many critical questions related to that EULEX investigation would receive adequate answers in the shortest time possible.