Veljko Turanjanin*
Primljeno. 28. februar 2012.
UDK: 614.28(497.6)
Pregledni naučni članak
SUPPRESSION
OF ILLEGAL DRUG TRAFFICKING IN HERZEGOVINA
In this
work, the author deals with suppression of illegal drug trafficking in
Herzegovina. The work consists three parts. In the first part, the author gives
a general overview of drug trafficking, and the role of various international
organizations involved in preventing of this phenomenon. Then, he explains the
ways of modern drug transport, connection of drug production with corruption
and money laundering, and displays specific national and international
organized criminal groups involved in drug trafficking. In the second part, the
author explains drug trade in Herzegovina, from the ways of knowing for such
crime, through possibilities for prevention this trade and the success of
police, to the statistical data of police on drug seizures and court’s
statistics. In addition, in this part, the author gives the results of surveys
conducted among citizens and members of police. The third part of this work
author devotes to the preventive and repressive activities on the prevention
drug trafficking, and he provides critical analyses and formulates certain
proposals in this important area.
KEY WORDS: drugs, Herzegovina, crime, statistics, preventive
and repressive actions
1.
INTRODUCTION
Words like drug, drug crime, and
narcoterrorism are more and more present in our lives. Drug addiction, the
scourge of youth, in a last decade became a center of interests of all involved
in strategies of fighting against organized crime. Awareness of devastating
effects of this evil arose with knowledge of its vitiation from own opposition,
medicine – what was initially thought. Deviant mind of man and its eternal
quest for money and power used substances that already existed in nature, and
caused expansion of their use. In the past, a man used the same substances for religious and medicinal purposes.
Now, he caused mental, physical, and moral collapse of the individual, family, and
whole society.[1]
Is using a drugs crime or punishment
for drug addict? In the preface of a book from Danilo Nikolić – Narkomanija, zločin ili kazna,[2]
dr Bora Čejović ask the same question and give an answer – both.
Therefore, it is one of the contentious issues of these times question of
border in a repression against drug users. Serbian Criminal Code[3]
incriminates holding of narcotics for his own use, with severe punishment. On
the opposite side is Criminal Code of Republic of Serbska[4],
where is unknown incrimination like this.
Organized crime, the most dangerous
form of crime today, is widespread throughout the world, including, above all,
drug crimes, human trafficking, and arms trafficking. It is characterized by
the structure and dynamics of criminal organization, required division of
tasks, strict discipline, and responsibility, and specialization of individual
members.[5]
In an effort to achieve their goals on the most efficient way, professional
criminals make different organized groups, which we can define as groups which
consists three or more persons and
which exist a certain period and act with aim of carrying out one or more
serious crimes.[6] It
is widespread opinion that drug crimes are the most widespread form of
organized crime and certainly ranks the first place on that sphere. Drug
trafficking are spread throughout the world, linking the most distant countries
and smuggling chains are organized on that way that participants know very
little or nothing about each other. Global abuse and accessibility of drugs
have become increasingly complex, as trafficking routes have become shorter,
more diverse, and more easily traversed.[7]
From one side, hierarchical levels are set so strictly and police is, almost
never, able to come to the main organizers and financiers. From other side,
smuggling is very worthwhile, and even in a case of seizure 6/7 amount
smuggling would be profitable.[8]
Routes of drug from producers to consumers are strongly intertwined. In
addition, openness trade is in connection with expansion of drug trade.[9]
Drug expansion did not spare countries of Balkan, Republic of Serbska, and neither
its southern town Trebinje. In this work, we will deal with suppression of drug
trafficking in this city and its region Herzegovina, on the borders of Bosnia
and Herzegovina, Montenegro, and Croatia.
Once only a transit country, Republic
of Serbska, as well as the whole country Bosnia and Herzegovina, developed into
a regional center for storage, distribution and further transportation of
narcotics. Sarajevo was declared as a center of activity and similar situation
is in the city of Trebinje. Due to its special geographical position, passing
through Trebinje part of the drug stay in it, while the rest is transporting
further to the Croatia and Western Europe. In addition, an area of Trebinje is
suitable for cultivation of cannabis. Because this reason, the main activity of
the Public Safety Center Trebinje in the matter of drugs directed in two ways:
breaking criminal groups involved in drug trafficking and discovering drug
plantation in this area. Special efforts focus on the prevention of drug use and
abuse.
In this article, we will try to on
the best possible way, and the more comprehensive way, to present a strategy
and success in combating against drug trafficking in the Herzegovina, both
preventive and repressive forms, and to give some of our suggestions for
improvements in this area. We will start with the concept and types of drugs,
and then we will move on the ways of combating with drug trade, from the battle
at the international level to fight in Bosnia and Herzegovina, and Trebinje. In
addition, we made a survey between citizens and police about danger of drug
abuse, and we will show results on the end of this paper.
2.
ROLE OF INTERNATIONAL
ORGANIZATIONS IN SUPPRESSION OF TRAFFICKING OF NARCOTIC DRUGS
2.1.
Interpol[10]
Interpol is the world’s largest
police organization. It is formed in 1923 and today gathers 188 countries. It
record great achievements in its work, cooperatively connecting all polices,
even those where is not exist diplomatic relations. Interpol has six organs.
These are the General Assembly, the Executive Committee, the General
Secretariat, the Central National Bureau, Advisers, and Commission for the
Control of Interpol acts. It formulated 16 areas of his work. Between them, on
the fourth place is area of drug trafficking. Interpol is the first
organization that realized the size of danger with trading drugs. However,
difficulties in its work is opening borders between states, especially in
Europe. Interpol works very closely with United Nations. On the Interpol’s
initiative established relationship with Economic and Social Council of the
United Nations.
Interpol’s main task is to identify
new directions for drug trafficking and criminal organizations, as well as to
assist national and international police forces in fight against illegal
production, transportation, and abuse of cannabis, heroin, cocaine, and
synthetic drugs, by:
1.
collecting and analyses of data obtained from member states
to make important strategic
and tactic reports;
2.
supporting international investigations against drug
trafficking;
3.
assisting in coordination between at least two states
regarding to drug trafficking;
4.
organizing operational working meetings between a countries
in which it saw a common link regarding
certain questions, and
5.
organizing regional and global conferences on specific topic:
the aims of which are to assess the extent of the drug problem, exchange
information on the latest investigative techniques and strengthen cooperation
within the law enforcement community.
Interpol in 2002 started in Canada
program I-24/7,[11]
which provides immediate notification and sending information and pictures to
all its bureaus about any newly discovered technique or appearance related to
criminal activity. It every year starts and leads several projects in specific area
of crime which trying to suppress. For example, it currently leads Project drug@net, which has an aim to
tackle growing area of drug trafficking via Internet. Then, has a Project White flow, which has an aim to
boost intelligence exchange on South American-produced cocaine, smuggled into
Europe via West Africa. This project aims to gather identification material on
mid – to upper – level cocaine traffickers linked to Africa and to better
disseminate this data among Interpol’s member countries. In January 2009 in
coordinated action of European and Nigerian polices there was arrest of two
major cocaine traffickers from Nigeria. Third project is Operation Ice Trail, which has an aim to target organized crime
groups trafficking huge quantities of methamphetamine by courier and/or cargo
shipment from Iran via Turkey to destination countries in Southeast Asia and
Pacific. Finally, it has a project Anti-doping
initiative, where it works with the World Anti-Doping Agency to fight the
use of performance enhancing drug in sport.[12]
In addition, it had a project COCAF,
which aim was controlling a commercial airline routes between Africa and
Europe, which smuggling a cocaine. In a operation case Siska from 2010 Interpol helped coordinate the investigative
activities and flow the information between Belgium, Germany, Sierra Leone,
Switzerland and the USA to successfully dismantle an organized crime group
trafficking cocaine from South America to Europe via Sierra Leone, and, in
July, a number of involved member countries began coordinated, targeted
operational activity against several of this syndicate, resulting in several
arrests, house searches and seizure of numerous exhibits.[13]
2.2.
Europol[14]
Police cooperation in Europe gained
in effect with establishing European Union. Although theoretically started with
work in 1998, Europol was established by the member states of European Union in
1999. Headquarters of Europol is in Hague. It is interesting to note that the
first forms of combating against organized crime were in the area of drug
trafficking. Besides that, Europol devotes a special attention on human
trafficking, vehicles trafficking, euro forging, and money laundering. In the
last years, it devotes its attention on the high-tech crime. Preventing of drug
trafficking is primary objective of Europol. In European Union there are
smuggling of all kinds of drugs. Entry points in European Union are different.
Drugs arrive to the all countries. Cannabis comes from Spain to Denmark and
Sweden, while synthetic drug produces mainly in Netherlands and Belgium, from
where they find a market in all EU countries. During 2006, after Anglo-German
investigation supported by Europol, there are uncovered four major factories
and warehouses of synthetic drug in the Netherland and Belgium. In that action
police arrested 21 persons: 15 from Netherlands, 3 from Belgium and 3 from
Germany.[15]
In Europe, after cannabis, the most used drug is synthetic drug, amphetamines
and ecstasy. Abuse of methamphetamine and LSD is lightly in increase in some states.
After Netherland and Belgium, second important center is Poland. In the UK in
2005 police seized at least 1.500 kg of amphetamine and in Mediterranean and
Adriatic countries over 12 million of ecstasy pills.[16]
An origin of heroin is Afghanistan.[17]
According to the some calculations of United Nations Department for Drug and
Crime (UNODC), 72% of opium is converted into heroin in Afghanistan. Secondary
distribution moves from Netherlands and Belgium with, usually, Turkish
distributors. However, the Tajik agency for fighting against drug trafficking
discovered in Afghanistan about 400 laboratories for drug production. However,
80 laboratories were localized around the border with Tajikistan.[18]
Drug dealers transfer cocaine from
South America across Atlantic Ocean by ships or airplanes.[19]
To 1999, annual production of cocaine reached a figure up to 950 tones.
However, in the period 1999-2003, production falls to the figure of 650 tones
for year, and holding that level. Cocaine is also transfer from South America
to Europe through Caribbean islands, which can be explained with historical
ties between Caribbean and some European countries. For example, that is
Jamaica and United Kingdom. Cargo ships and speedboats remained the most common
transport for the transfer of drug. Columbian authorities in 2005 confiscate a
submarine used in transport of drugs, where you could fit 15 tons of cocaine
through a Caribbean sea. In addition, each year from South America transferred
to the Europe about 30 tons of cocaine, by using airports in Netherlands,
Spain, Portugal, Great Britain, and France.
According to the reports from 2008,
prevention of drug trafficking will remain a primary target of Europol. There
are chances that a drug trade for the first time in history would be
stabilized. The problem is continuous growth of cocaine trafficking and abuse,
caused by changes in trafficking routes and changes of European Union entry
points. In the fight against drug trafficking in 2008 noticed great success,
when, by providing operational support center in Lisbon, seized 27 tons of
cocaine, and, in October 2008 found and dismantled a large drug laboratory in
Reykjavik. With regard to heroin trade there is, in some countries in European
Union, noted its weakening, but, use of heroin increased in other countries in
Eastern Europe.[20]
Europol continues to be active in adoption of
action plans in combat with illegal trafficking of synthetic drugs, and
continues to support and initiate major investigations. Currently is in effect
Action plan 2008-2012. In addition, it is active in making various catalogs,
situational reports and other material related to the drug problem.[21]
2.3.
United Nations Department
for Drug and Crime (UNODC)[22]
UNODC represent one of the leading
organizations in the fight against drug trafficking. Its operates two programs:
one is for fight against drug trafficking and other for the fight against
international crime (corruption, organized crime, trafficking and terrorism
prevention). Significant for our considerations is first program, which is
established in 1991 under name United Nations International Drug Control Program. It is renamed in today’s
name in 2002. It has offices across the world, and it recently opened one in
Belgrade.[23]
UNODC works in education about all dangers of drug use and abuse. It
strengthens international actions against illicit production and trafficking in
narcotic drugs, through various projects, such as the Project for monitoring illegal groups or Program against money laundering.
According to the record from 2009,[24]
the greater danger in this area is opium production (UNODC estimates that in
the world today exist between 15 and 21 million addicts from opium).
Afghanistan is a country that produces the greatest amounts of opium. Opium
cultivation in Afghanistan is result of historic drug trade by the British
Empire and Soviet-Afghan war, initiated by Pakistan and United States. On that
way, there is created basic for opium and heroin industry in today’s
Afghanistan, which produces 92% of the world’s heroin.[25]
However, opium production declined for 19% compared with 2007, but it is still
very high. Overall, seizures of opium and heroin in the 2008 increased: opium
for 33% and heroin for 14%. The largest market for opium is Iran, Pakistan,
India and Central Asia countries, while is a market of Western Europe less, but
more profitable. According to the same report, polices on the Balkan route
seizure 94% of all seizure opium from Afghanistan.
Turkish heroin comes in Serbia via
one branch of Balkan route. From Serbia, dealers send a drug to the Western
Europe. Kosovo and Albania become important factor for Afghan opium and heroin,
and theirs further transport to Western Europe.[26]
For Republic of Serbska is significant recent drug route, which through Serbia
reach Republic of Serbska, and further goes through Croatia and Slovenia to
Western Europe. When drug gets Netherlands, it is considered as it is shipped
to other countries of European Union.[27]
Cocaine production fell compared with
previous years, and now it is lower for 8%, mainly due to a large drop in
production in Colombia (18%). However, production slightly increased in Peru
(4%) and Bolivia (6%). Colombia is largest cocaine producer, but since 2006 her
production gradually decreasing, and from 610 metric tons in 2006 dropped to
600 metric tons in 2007, and 430 metric tons in 2008. In contrast, production
in Bolivia slightly increase (from 280 to 290, and to 302 metric tons in 2008),
and Peru (from 94 to 104, then 113 metric tons in described period). The
largest amount goes to United States, but a small amount goes in Europe. Thus,
police in United States seizure 88% of cocaine of all seizure cocaine, but in
Europe only 11%.[28]
UNODC predicts that between 200.000
and 641.800 acres planted with cannabis. It is not possible to give exact
information about it, as it is case with cocaine and heroin. It also predicts
that number of addicts in the world of cannabis has increased, and that it is
somewhere between 143 and 190 million of addicts. In the United States every
year that number increase for 26 million (but, there is just 5 million
registered per year).[29]
Abuse of cannabis increased in some countries of Latin America and Africa while
Western Europe and North America noticed a slightly decline.
2.4.
Drug Enforcement
Administration – DEA[30]
United States agency for fight
against illegal drug trafficking in its mission takes, first, strengthening law
which regulating drug trafficking, as well as bringing to justice organizers,
producers and dealers of substances that are considered as drugs to the
competent court. Second, they try to reduce an availability of drugs in
international and drug markets. In achieving its primary task, DEA investigates
and prepares cases for prosecution against the perpetrators who acts on
international level. Then, DEA governs national programs for battle against
drug abuse in cooperation with federal, state and local officials, and
captivates and takes property derived from committing crimes related to drug,
as well as property held for such work. Then, DEA coordinate and cooperate with
federal, state, and local agencies and foreign governments in order to reduce
availability and abuses of drug through various measures, like crop eradication
and training foreign officials in this area.
Specially attention DEA devotes to
marijuana, noticed that marijuana today is not as marijuana in 70-is. It is far
stronger, and seizure of this drug increased from less than 1% to 8%.[31]
Its legalization can only lead to negative consequences, and open the door for
the use other and more danger types of drugs, different medications, and
delinquent behaviors.[32]
DEA finds information that of 19, 1 million of drug addicts in United States,
nearly 15 millions are marijuana addicts.[33]
DEA record a great success in its
work. We will mention only results from last years. In the 2009, there was
Operation Excelerator, conducted after investigation 21 months long. In that operation,
DEA arrested 755 persons and confiscated 59, 1 million U.S. dollars. Seized
12.000 kg of cocaine, more than 16.000 kg of marijuana, 1.200 kg of
methamphetamine, more than 8 kg of heroine, approximately 1, 3 million ecstasy
pills, more than six and half million in other resources, 149 vehicles, 3
boats, 3 airplanes and 169 military means. In Operation Coronado, which
involved 3000 agents, arrested 303 persons from 19 countries, seized 62 kg of
cocaine, 729 kg of methamphetamine, 967 kg of marijuana, 109 vehicles, 144
armed means and found two clandestine laboratories. Finally, we have action
Heavy burden, during which arrested 23 persons, including eight employees of
one US air company. DEA works closely with other organizations that are dealing
with fight against drug trafficking. It also publishes various publications
about this matter and trains officials from other countries for this battle. It
created a number of programs, such as programs for diversions, forensic
training, tactical and computer training etc.
3.
PRODUCTION, CULTIVATION
AND TRAFFICKING OF DRUGS
Illegal drug trafficking improved
acting to such degree that it is now one of the most dangerous form of
organized crime. In many countries are established separate units to fight with
organized crime.[34]
For example, in Serbia is established a special department in prosecutors’
office – special prosecutor office. Under the Ministry of Internal Affairs
established a special unit at the level of administration. Then, a state
established a special department of the District Court in Belgrade that is
responsible for conduct of these procedures. Finally, there are special units
in District prison, in order to maximize safety and isolation of accused for
organized crimes.[35]
The main characteristics of smugglers
are excellent organization, interconnection and technical equipment. Way from
drug manufacturer to consumer is long, because the fact that drug is often
producing on the one continent and delivering on other. It is a job which
connecting people from different parts of world.[36]
Thus, in the most famous action in 2009, in joint action of Serbian BIA and
American DEA, they arrested persons from Serbia, Montenegro, Croatia, Colombia,
Bolivia, Peru and Argentina, when they seized 2,1 tons of cocaine, which price
in Europe go up to 50.000 U.S. dollars per kilo. Drug produces the most in
developing countries, while the biggest consumers are the persons from industry
rich countries, like United States. In recent years, immigrants from Kosovo and
Metohija, in partnership with Colombian drug dealers, dominated in distribution
networks in United States. Colombians, in turn, helped Albanian mafia to grow
coca. Albanians from Kosovo and Albanians from Albania work in cooperation with
Italian mafia, and they supply multimillion markets with approximately 50 kilos
per day.[37]
On the other hand, in Kosovo and Albania, in exchange for drugs enter weapons,
which are supplied Albanian terrorists.[38]
Dealers smuggle by land, water[39]
and air, which are the same as routes used for legal transportation of goods
from one world’s region to the other. Starting point for smuggling opiates are,
so-called, Golden moon bow (located between Pakistan, Afghanistan and Iran) and
Golden triangle (located between Laos, Thailand and Burma (Myanmar)).[40]
The importance of former Yugoslavia, now Serbia, Bosnia and Herzegovina,
Montenegro, Croatia, Macedonia and Slovenia is huge. Its geographic position
shows that they are destined to serve as transit countries. Nevertheless, a
part of drug stays in them. It is well known that these countries are on the
path of drugs known as Balkan route. Countries from this route are used for
supplying with heroin Germany, Netherlands, Italy, Spain, Great Britain,
France, Belgium and Switzerland.[41]
When it exits from Turkey, Balkan
route branches into three main directions: north, central and south. North
route branches in three directions:
1.
Turkey-Bulgaria-Romania-Hungary-Slovakia-Czech
Republic-Germany-Netherlands;
2.
Turkey-Bulgaria-Romania-Hungary-Austria-Germany-Netherlands;
3.
Turkey-Romania (ferry) - Hungary-Slovakia-Czech
Republic-Germany-Netherlands.
South route branches, also, in three
directions:
1.
Turkey-Greece-Italy;
2.
Turkey-Greece-Albania-Western Europe;
3.
Turkey-Italy-Western Europe.[42]
In addition, a middle path goes along
the route Turkey-Bulgaria-Serbia-Croatia-Slovenia-Italy. As we can see, Serbia
is an important part of the middle line. In addition to these routes, a drug
passes through Serbia on a route Turkey-Bulgaria-Serbia-Austria-Western Europe,
and Lebanon-Syria-Turkey-Bulgaria-Serbia-Austria-Western Europe.[43]
More recently is activated a way that moves from Kosovo and through Montenegro
and Republic of Serbska goes to Croatia and Western Europe.[44]
Bosnia and Herzegovina, and therefore
Republic of Serbska, remain a small but important part of Balkan route and
transshipment center for performing drug. Despite development of cooperation in
law enforcement in matter of drug trafficking and improving supervision on the
financial centers, and higher seizures of drugs, political separation in Bosnia
significantly reduces an efficiency in fight against drug trafficking. In
Republic of Serbska, drug-market gradually increases. From one hand, according
to the data of Ministry of Internal Affairs (further: MUP), for the first 8
months in 2005, police arrested 418 persons and filed 118 reports against 191
person. Police submitted 116 reports against 157 persons for possession of
small amounts of drugs or for consumption on public places. It foamed 420 grams
of cocaine, 1.527 grams of heroin, 7.303 grams of marijuana, 1.694 grams of
cannabis, 1.217 ecstasy pills and 424 pieces of different kinds of medical
drugs. From the other hand, Border Police seized 68 kg of cannabis, 27 kg of
heroin and 10 kg of cocaine. In the same period, Federal Police seized 40 kg of
heroin, about 22 kg of marijuana, 1.300 cannabis plants and 700 ecstasy pills.[45]
To the year 2004, a main drug route
from Montenegro to the Republic of Serbska, and vice versa, was across the
border Vraćenovići, from Trebinje do Niksić. With opening a way
Trebinje – Herceg-Novi, this section becomes the shortest way for drug
trafficking, linking Montenegro, Republic of Serbska and Croatia with a way
that is long just 60 km. In a moment when Croatia become member state of
European Union that will be the shortest way for Western Europe.
Trebinje is town with approximately
40.000 habitants, situated on south Republic of Serbska. It is located on the
border Bosnia and Herzegovina-Croatia-Montenegro. From the border with
Montenegro on the west, it is distanced by only 15 km, and 30 km from the
border on northeast. From the border with Croatia, it is distanced 20 km. for
our considerations is important fact that through Trebinje passes one of the
new arms of Balkan route of drug. Trebinje is located in a valley surrounded by
mountains and water. From Trebinje leads five ways. One path leads to Bileća,
and continue to other territory of Republic of Serbska. Another way leads to
west and through Ljubinje to Bosnia and Herzegovina. Third way leads to border
with Montenegro and Niksić. Fourth way leads to another border with
Montenegro and Herceg Novi. Finally, fifth way leads to Croatia. Dealers
smuggle a drug through one of the borders with Montenegro (border crossing
Vraćenovići, Vilusi and Zupci), and then enter in Trebinje. One part
of the drug remains in Trebinje, while the rest continuing further to Dubrovnik
and Croatia. Marijuana comes from direction of Montenegro and passing through
Trebinje, while cocaine from Middle East passes a bit north from Trebinje. For
smugglers it is significant shift over Bileća’s lake. Under cover of
darkens, using fishing boats, they transfer narcotics from Montenegro to
Republic of Serbska, and then through Trebinje to Croatia.
Picture 1:
Position of Bileća’s lake (with red pen is recorded the most used crossing
over the lake
In addition to the fact that this
region is known as a transit area, it is known also as a region for cultivation
of Indian hemp (aka “domestic”, because it is different from the Indian hemp
which comes from Albania, known as “Albanian”). Plantations are mainly located
in specific configurations of terrain, such as cracks, coves, and valleys and
other like that. It is made on the lands, which is property of the state or a
private owner who does not visit them (of course, with exemption when owners
make them). Plantations like them are found in a village of Krnjin kamen, on
border between Bileća and Ljubinje, than in the village named Crgovo
(between Bileća and Nevesinje) and in a village Do, near the Bileća.
Finally, there was a plantation in village Prerac in Bileća’s
municipality.
In Bosnia, among 55 legal border
crossing, there are approximately 400 illegal crossings. Forty of them are near
Trebinje. Those are crosses where cars can pass. Across legal border crossings
one part of drug go further. However, remains passes across these crossings. But,
it is not whole story. Drug dealers transfer a drug across hiking trails and
paths. It is impossible to count these paths. What makes these roads special is
a fact that a large number of them are made by smugglers of drugs and
cigarettes. They build them so tightly that they can withstand the weight of
large trucks. Border Police can hardly control all roads, due to the lack of
personnel in its police. They often close this crossing with cement blocks, but
then smugglers come with machines and they move these blocks.
4.
CORRUPTION AND MONEY LAUNDERING
Drug trafficking brings to the
criminals a large amounts of money. When that sum reaches a certain level,
there is a question of further investments, or, money laundering. In addition,
there is a corruption in police. For example, in Brazil, India and China,
research show a great deal of corruption in police and court machinery, and
there is existence of real and fictions companies that are the front for
drug-dealers trafficking operations.[46]
Therefore, in a fight against drug trafficking we should have in mind this
moment. Police have to hire high professionals between financial experts and
train them further for this job. This is not case in Trebinje. Police should
track transactions of suspicious persons, and their standard of living. In the
beginning, increase of the standard notice through the way of life observed
person. He begins to live a luxurious life, buys expensive houses and cars, but
he have not material basis for that. He is unemployed and often uneducated. Police
should monitor and controls assets near and further relatives of such persons.[47]
In Trebinje large part of population, especially between youth, is unemployed
or on the edge of existence. Many companies go to bankrupt and close. In
contrast to such wealth and social status, these persons can be seen in cafes
for whole days. They do not work, apparently, nothing, but drive for local
conditions, expensive cars. The art of being. In the modern era of universal
surveillance, interception and recording, which may in some aspects of their
application exceeds the limit of human dignity and privacy; it is strange and
surprising that drug dealers remain untouchable and “unknown”. We have great
arrests of drug dealers on all televisions. Tomorrow, in silence, they mostly
go home. We believe that this is an issue that about which we should deeply
think. Police should focus their attention on that field and checking the
property of such persons and their detailed observation.
According to the State Department
report on control of narcotics and the fight against crime, Bosnia becomes a
significant drug hub. Inefficient legal system and government corruption enable
success of drug trafficking. Because of their mutual conflicts and political
differences, there is no comprehensive strategy at the state level to stop a
drug trade. In addition, there are no laws that focused on corruption in the
public sector, and processes that are started against employees in that sector
were never completed. An investigation about missing 20 kg of heroin from the
vault of Federal Interior Minister does not showing any progress. Corrupt
officials used a drug trade to come to the big gains, which then use for their
own purposes. Since it is matter of politic and practice, Bosnia does not
support or facilitate illicit production and drug trafficking, but it simply
happens. However, there is no evidence of involvement high government
politicians in drug trafficking. It is the same case with money laundering
acquired in business with narcotics. International community helps and assists
national institutions in fight with this evil, and in a fight with corruption
and money laundering.[48]
Big drug dealers remain outside of government’s reach and police can arrest
just petty criminals. In contrast, statements of Bosnian officials are full of
praise for its work. It is sufficient to cite a statement during arrest of two
teenagers in 2005, when police found 20 kg of heroin. He said that it is a
crown of successful cooperation and breaking international drug smuggling
chain. It is not given any hint that they will arrest persons who are in a
higher rank in drug trafficking. Dealers are untouchable. Unofficial, but in
the local courts known fact is that a Court of first instance in Trebinje issues
over then hundred orders in investigations, which did not result because
criminals knew for them before they have been issued and implemented.
According to the State Department
report from 2008, corruption stays one of the most serious and biggest problems.
In addition, a report of European Commission from the same year considers a
corruption widespread and cancer in this state.[49]
Corruption is particularly dangerous because it involves political corruption
as much as corruption in a private sector. Anti-corruption strategy, which was
adopted in 2006, had not success. Corruption did not spare members of
Trebinje’s police, regular police and border police both. In the last few
years, eight police officers were accused for corruption. It is also stated
that money laundering in Bosnia stems mostly from drug smuggling, corruption
and tax evasion. However, in reality we do not recognize efforts to stop it.
5.
INTERNATIONAL AND DOMESTIC
CRIMINAL ORGANIZATIONS IN THE ILLEGAL DRUG TRAFFICKING
In the world, Colombian cartels hold
the primary place in the production and trafficking of cocaine and they are
deeply rooted in authorities in Colombia. Cartels operate not only in Colombia,
but they operate in United States and other countries in the world. In the early
90-is United States enters in uncompromising fight with cartel Medelin from
Colombia, and they destroyed him completely with arresting a number of persons
and murders of their leaders: Pablo Escobar and Rodriguez Vocha. However, while
they were destroying Madelin cartel in Colombia developed Cali cartel. Both
have a name like a city where are they from.[50]
Unlike Medelinski, Cali cartel in silence built its power, and it spread across
the world, in cooperating with local criminal groups.[51]
Supervision under smuggling heroin
from Myanmar oversees Chinese Triads. They directly work with various Chinese
and Thai ethnic groups, redeem heroin, and make distribution. Their primary
base is Hong Kong. Particularly is active about 50 triads who from Hong Kong
manage with flow of heroin and opium.[52]
They work in the USA. About that fact we have data that show that in 1990-is
heroin was the most wanted drug in this country. Besides Triads, most recently
appears Chinese Tonzi,[53]
but we must not forget Japanese Yakuza. Yakuza closely cooperate with Cali,
even in the Japanese market.[54]
However, Albania is now base of world
crime. Albanian mafia has about half million members, and its main business is
illegal trade of narcotics. It is located on the top of pyramid criminal
organizations, and great danger of this mafia confirms State Department.[55]
By strengthening of Albanian mafia came from two reasons: capital accumulation
acquired by drug trafficking and cigarettes, and because association of
Albanians from Kosovo, Macedonia, Albania and Turkey in one cartel. After last
war on Balkan, Albanian mafia rises spreads out across the Europe. A data show
that Albanian mafia in Switzerland holds 70% of drug market.[56]
Protectionism of West, and untimely action of Interpol and other organizations
that deals with fight against organized crime helped this expansion. In
addition, there was help American CIA in training Albanian terrorists in war
against Yugoslavian army which, in turn, helped drug trafficking. The
corruption reaches high in the government. According to the some sources, Safet
Zulaj is involved in illegal trade and of oil and drugs. Existence of money
laundering is well known. It is believed that a large amount of money laundered
through privatization process.[57]
Through Trebinje, dealers switch mostly marijuana from Albania, which has an
excellent quality.
Another organization worked in
Sarajevo. It was organization of brothers Hamdije and Ljutvije Dacić, and
Acik Džan, who developed a drug network in nine European countries. As
leaders of large organization, they transferred heroin from Afghanistan to
Western Europe. Nevertheless, they were under observation of police for a long
time. Hamdija Dacić was arrested in November 1999, with 12, 5 kg of
heroin. However, he escaped from prison and hided at his brother. Sarajevo police,
in cooperation with Croatian and Slovenian police tried to break down that drug
network in 2002, but with no success. Finally, in 2009, SIPA arrested leaders
of this criminal organization.
In region of Trebinje, the most
important is group from Bileća. Police suspected this group for transfer
about 500 kg of narcotics across national borders. In addition, they were
connected with Croatian criminal group that transported about 800 kg of
narcotics across national borders. This group is completely broken in action of
CPS Trebinje. In that action, they arrested 12 persons. It is believed that a
head of this organization was Marica Ćulum, lawyer from Banja Luka. A few
months later police arrested one more person in the attempt of smuggling about
80 kg of skunk across the border with Montenegro. It was associated with Bileća
group.
In the city of Trebinje worked a few
criminal groups. Certainly, the most important is group that is broken in
action with code name “Leotar”. In that action, there was arrested 89 persons.
The group worked under direction of Nikola Šaraba. Some persons from group
avoided an arrest, but they are arrested later in the subsequent actions in
distinguished cities, like Novi Sad. There was arrested a few persons whom
police considered that they are on the top of organization broken in Trebinje. Police
followed them for months and arrested in moment when they tried to establish
illegal drug trade. Then, in cooperation of CPS Trebinje and MIA of Federation
BiH, is broken group that worked with drug between Trebinje, Mostar and Gacko.
On that occasion, police arrested 13 persons, Serbian and Bosnian nationality.
6.
DRUG TRAFFICKING IN
HERZEGOVINA
6.1.
Methods and sources of
knowledge for a crime
In forensic science exists a large
number for finding out for crime. There stay out activity of police, public,
media and different types of criminal applications.[58]
Which way will be applied depends from type of crime and environment in which an
offence was committed. Different ways of detecting crime are endemic for
different environments. Police activities in a big cities are a most important
way for finding out that a crime is committed, while in a small cities, like
Trebinje, another ways come to the importance. However, knowledge from the
theory is not used sufficiently. In text that follows, we will try to explain
why that is so.
Introducing new trends in the
detection and prevention a crime, CPS Trebinje in recent years changed its way
of acting. Due to the poor results in a fight against crime, especially
organized crime, police in the world in a last 15-20 years use a proactive
approach. Unlike a reactive approach that is focused on the discovery of
committed crimes, proactive approach means identifying problems that can lead
to the criminal behavior. Police has to cooperate with citizens, if it wants to
succeed in this. Because that, police developed a new strategy, known as
community policing. Community policing or police in the neighborhood is a
police strategy, philosophy based on the idea that cooperation, and support in
the community can help control crime and reduce fear.[59]
Community members help police to identify suspects, detain offenders and for
pointing out to the police on the problems.[60]
Community policing encompasses a much broader aspects of police work and
requires the involvement of all state structures in a joint operation with the
police.[61]
The concept of community policing
began with its implementation in the year 2005. In the centers of Public Safety
are formed committees for the implementation projects. Development of police in
this country is in progress for several years. General police is relieved by
establishment of judiciary, communally and security police, and it is
facilitated its work in this sector. Project community policing started in
municipality of Prijedor, as the first pilot municipality in Serbian Republic,
and then in Doboj and other cities. The purpose of the project is
implementation of project community policing and strategy of community safety,
which would have a preventive influence on crime.[62]
This concept implemented in Trebinje, too. Adequate conditions that would be
enable full implementation are not achieved yet, but it tends to be. In this
concept, much attention was dedicated to the problem of drug abuse. Police
indicated to the citizens that it is just one factor in a battle against drug
crime, and just with involvement of local communities, there can be made more
on this field. At the same time, police organized many forums and meetings and
invited a public to cooperation.
In detecting and proving crimes
related with illegal production and trafficking of drugs, police, border police
and customs authorities bring the main cargo. Within CPS, there are special
departments that work only in detecting criminal offences related to illicit
production and trafficking of drug. In many cases, they come to the main
findings. However, citizens often give this information. There are different
group of citizens who can provide information for police, divided in two groups:
the informers and informants. The main difference between them is that
informers are usually persons who in some case, accidentally come to the
knowledge about crime, and say it to police, while informants are the persons
from criminal milieu. In addition, we have whistleblowers,[63]
who are type of first group.
From one side, as informers are
especially important conductors on buses, street vendors, waiters,
receptionists etc. From other side, fight against organized crime would be
impossible without use of informants. Those are mostly persons from criminal
milieu. They help police from their personal reasons, which are mostly vicious
nature (expect money for return), or because the fear for their lives or lives
of his family, vanity, folly, desire for revenge etc.[64]
The motive is often, for providing information, need informant for some favors.
When the issue is drug trafficking, informant in practice usually reveals a
shipment of his opponent, in exchange for smoothly passage of his transfer. In
addition, informants who are not involved in drug trafficking seek as a favor
certain sum of money. Because of the limited budget, police in Trebinje does
not use informants. Municipality has no money for this purpose. For example, we
will mention the fact that budget of Brcko District has a 150.000 KM per year
for use of informants. However, in practice exist undercover informants, who
police officer know and whom he has a confidence. It is internal communication
between the officer and person from criminal environment, where consequences
are not known because of their complex and difficult nature.
Police can know for the committed
crimes from the different and variety forms of public gossip. In larger cities,
public gossip has a smaller importance, but in a small city, like Trebinje, it
is very applicable. In Trebinje, many people know each other, personally or by
reputation. This is a case especially in other municipalities in Herzegovina: Bileća,
Gacko, Nevesinje and Ljubinje. It is often story in people which child is in a
bad company, who is a drug addict, what type of drug uses, how long, from whom
he purchases and about questions like that. On that way, MUP obtains a base
from which they can start a search for the perpetrators of this kind of crime.
In criminal practice, different kinds
of criminal application have an importance in detecting crimes. Among them, we
have extract applications that somebody committed a crime (which can be anonymous,
pseudonymous and signed – applications in which police know who is a person who
submits an application), application of the plaintiffs, witnesses and other
subjects who know that crime is committed. Finally, we have self-applications.
In connection with crimes related to drug trafficking, the most common are
medical applications and applications of custom services. Anonymous
applications are also common. Why this is so, there are several explanations.
Frequently, it comes from fear. It is a fear for own life, and then for lives
of their family. Then, there is a fear of drug addict that he will remain
without drug, because he is able to give policy only his own dealer. Uninformed
drug addicts have a fear from criminal proceeding, although in this Republic not
exist a crime for acquisition and possession of drug for personal use.
Finally, police can find out for a
crime from media. Through them, it can find out for the committed and planed
crimes, especially when they study advertisement section. The problem arises if
the government controls the mass media, because government can be involved in
the criminal activities. We mention this because recently one journal from
Trebinje published series of texts about connects between high positioned
persons from government in Trebinje with criminal activities. What is u true,
it is not known, but police have to pay attention on this problem.
6.2.
Criminal intelligence in
the process of finding out for crimes
Intelligence activity is one of the
oldest activities of organized human society, from primitive forms of communal
life to the most developed countries and their alliances of modern times.
Modern intelligence activity is conditioned by the existence of intelligence
agencies, as a part of state apparatus in the security system. Its main
activity is collection of information. Along with a development of science and
technology, the requirements for data and information are increasing. In
addition, capacity for their storage is greater and their transmission is very
speed.[65]
Criminal intelligence work is attempt of integration of knowledge from the area
of intelligence, strategy, strategic management and criminology, whose concept
is relative new approach in forensic science. Criminal intelligence is police’s
(investigation) activity and philosophy, which include the process of
obtaining, analyzing and evaluating interesting data for police, with intention
of efficiently combating against crime at all levels.[66]
Its results, like strategic assessment, profiling of problems and profiling of
perpetrators, enable development of strategies and adequate tactical responses
on expected threat of crime society. From this, we can conclude that criminal
intelligence follows a proactive approach to crime. The most important reason for
development of this form of police acting we can find in inefficiency of
existing approaches to drug prevention. Its previous development owed to the
new findings in area of strategic planning and strategic management, and to the
development computer’s software. Another factor in its implementation is
pressure of Europol on the all-European states. However, since it is a new way
of approaching to the crime, some problems have to show, but they will be
solved in future.[67]
7.
METHODS AND POSSIBILITIES
OF TREBINJE POLICE
7.1.
Introduction
CPS Trebinje mainly his work focus in
the detection of serious crimes, especially murders, but it is also dedicated
on the fight against drug trafficking. Police daily carry out prevention and
detection of criminal offences related to drug trafficking, by planning various
actions and preventive and operational work. Attention is also focused on the
seizure of vehicles, falsification of documents and smuggling of goods and
people. It gives a significant contribution to the prevention of illegal
production and drug trafficking. One part of the activities is aimed to the
shedding light n crimes related on drugs. Second part is aimed on the
discovering plantations of Indian hemp. Police needs better material and
technical resources for more effective fight against transit of narcotics. This
problem solves, in one part, by increasing training of police, which leads to
the better results. In the recent years, CPS Trebinje carried out a serious of
activities on discovering plantations. Conditions and effects of fight against
drug trafficking, in this moment, are not satisfactory. Especially, we consider
essential creating teams that will deal exclusively against this dangerous
phenomenon. Successfully detection of drug trafficking requires superior
expertise, knowledge of routes and modes of transport of illegal narcotics.
Persons who transport a drug are highly skilled and cunning. At the appropriate
place in this work, we will present by which instrumentality dealers want to
traffic a drug to the place of arrival. The main goal of agencies that fight
against this evil is disabling such transports and capture of smugglers, and
detection and destruction of crops and laboratories.
7.2.
Information gathering,
surveillance and ambushes
Through their regular duties, members
of CPS Trebinje obtain information that analyze. On that basis, they make
strategies. Thus, basic method that they use in detecting drug offenders is
collecting information. That is a method which is applied by all polices in the
world. First, it is necessary to know which persons are able to give
information, particularly in regard on their work place, environment where live
and move, and criminal activity in which they are involved.[68]
When police come to those persons, it has to do interview with them, and
persuade them for cooperation. Police officer has to lead carefully
conversation and sees their properties. Often, these are people who are caught
in the criminal offence. Police with them lead conversation with aim in
discovering other persons involved in crime. They, in return, seek favors for
themselves. Since police in Trebinje does not use informers, information source
for them are these persons.
In Republic if Serbska, in
Directorate of Criminal Police, is organized Department for
criminal-intelligence analysis, where police obtains, process, interprets,
integrates, evaluates, and analyzes data.[69]
In Trebinje is also organized special department for organized crime and
intelligence analysis, so-called 4X4 Department. According to information that
we received, Department is successful in its work. Unlike some other policies
in BiH, which have a problem with accepting solutions offered by analytics,
Trebinje police has no such problem. However, problem is a fact that criminal intelligence
work only as logistical support on specific investigations, not to assist in
developing politics, strategic and tactical solutions. There are, too, problems
with professional competence of analysts, i.e. their lack of knowledge and
experience in this field. In addition, since this form of policing just started
to develop, with time problems police will overcome problems of this type.
One way for obtaining information is
cooperation agreement, as a form of plea bargaining. In that process defendant
and prosecutor negotiate about conditions under which defendant will plead
guilty for committed crime. In American criminal justice system, this institute
is widely used in cases of drug abuse,[70]
and, on that way, prosecutor gets some information about other offenders in a
chain of drug trafficking. However, in Republic of Serbska, and Trebinje, is
not used this purpose of plea agreement. Police would get useful information,
and defendant would get a more lenient sanction.
Besides collecting information, CPS
Trebinje conducts supervision over the persons whom they suspect that they are
involved in smuggling, registered dealers, and registered drug addicts. On that
way, they obtain useful information regarding to the persons from chain of
illegal drug trade. This measure is called measure of intensive supervision,
and includes operational control of suspicious points, known as objects where
drug offenders and drug addicts comes, as well as control sites where they
distribute drug.[71]
In Herzegovina, police usually reviews bars in the evening. Of course, it does
not lose from the sight persons from different companies, hospitals and hotels,
because they can provide useful information for this purpose.
For drug transport, dealers mostly
use vehicles, regardless of their nature or purpose. Vehicles have a great
opportunity for hiding drug. Dealers hide a drug in a fuel tank, behind the
wheel,[72]
bumper, in the ceiling, under the driver’s seat, in windshield wipers. Persons
hide a drug in their clothes and things, artificial stomach and other parts of
the body, in the natural cavities of the body, in the suitcases with double
bottom or in soled shoes. In addition, they can swallow a drug. For drugs hiding
there are especially suitable labeled TIR trucks, because they are under
protection of special custom regime on the borders of Europe. That benefit
smugglers use and hide a drug in tracks, when significantly reduce a chance for
drug detection.[73]
Traffic police in Herzegovina, allocated on all exits from cities, have success
in its work and find drugs hidden in vehicles that pass through the cities and
surrounding areas. However, presumption is that great amounts of drugs passed
undisturbed. Smugglers possess exquisite cunning, perfidy, and insolence. They
often send vehicle with drug surrounded by escort of vehicles different types
and categories. Some of them go a few kilometers on front of vehicle that
transporting a drug, and scout a terrain. If they meet a police patrol, they
warn a vehicle that transports a drug. That vehicle stops in the moment and
wait a free way for further. Others go behind of vehicle and, in a case of
pursuit, they arrange on the way and slow down a pursuit until drug vehicle
reach a safety place. It is not rare police corruption if it stops a critical
car, even without police knowledge that car transport a drug. It is not unusual
for smugglers to make different tricks. They sometimes allow to police to
detect smaller and insignificant amounts, and on that way, they reduce and divert
police’s attention while large quantities of drug pass smoothly.
Picture 2:
Drugs found hidden in a car
and small marijuana plants
As a result of cooperate work between
police from Trebinje and other agencies, Serbian and Montenegrin, there are
often findings that certain amount of drug will pass through Herzegovina in
specific time and on specific place. Then police prepare an ambush. Especially
active in ambush preparing is Border police. The most important requirement for
successful ambush is well prepared plan, and police’s ability for that action.
Otherwise, for successful ambush are important forensics’ rules of speed,
surprise and secrecy.[74]
On described way, police arrest smugglers on “fresh act”,[75]
and police is able to provide necessary evidences. During the ambush, police in
Herzegovina use stingers.[76]
Stinger enables stopping a vehicle on relative easy and quickly way. Especially
significant is its possibility to stop selective vehicle, without danger on
other cars is traffic. It is a device in a shape of rhomboids more linked with
spines, which are turned up. Police paced it across the road and it is tied
with cable which end holds a police officer who stands out, on the open or
hidden place, behind the road. He directs a stinger under any vehicle that
passes road. At the moment of crossing the stinger, spines stick in a tires and
release an air, allowing a stopping a vehicle after a few meters. Spike’s
replacement is relative simple, and does not take more the few minutes.
Stinger, also, can stop a buses, trucks and similar vehicles. A special type is
mini-stinger, which police places under tires of suspicious vehicles and
prevent from running from the place where it is located.
During interviews with members of
border police, we found out for different difficulties during ambushes. Leaving
aside smugglers’ unwillingness for peaceful surrender, they hide an explosive
in vehicles, so, in a case where they do not have any exit, they activate explosive
device in vehicle. On that way, they destroy drugs and evidences. Of course,
there always remain specific methods of proving. In several occasions, when
they followed vehicles from drug, police is raid into ambush when on that place
support for smugglers came. Police had to withdraw in those cases, without
achieving any result. On the other hand, because of the proximity of the
border, police sometimes in their action exceed on the territory of Montenegro.
A big smugglers know how far reach jurisdiction of police. To avoid this,
polices of Herzegovina and Montenegro organize a joint actions. These actions
are especially common in drug smuggling from Montenegro via Bileća’s lake,
which belong to the Montenegro in one part.[77]
Members of CPS Trebinje are capable to recognize signs of nervousness.
Therefore, if a person transfer drug over the border in his stomach, he has to
cross the border as soon as possible. Otherwise, a bag with drug wills break in
his stomach and he will die. As soon as police starts to retain him, he starts
to show signs of nervousness and police officer, who passed training for
recognition persons who smuggle or hide something, will suspect on drug. He
will take this person to a special room, where that person will, using
laxatives remove all drugs from the body.
For detecting drugs, it is advisable
using dogs. From one side, Border police started dog training program in 2003,
with intention on preventing drug trafficking. Since 2006, all stations have a
officiary dogs, including all Herzegovina’s stations of Border police. However,
significant results are not obtained. Dogs go out just in cases when police
have a report of smuggling, or if it is necessary detailed inspection of
suspicious vehicle. Through the country, only two police stations had a
success, and it discovered just small amounts of narcotics. Borders police in
Herzegovina, which protects a border with Montenegro and Croatia, did not have
success until now. It is obvious that dogs, simply, are not used. Although
Border police, generally, has success in fight against drug trafficking, obvious,
they do not trust enough in dogs’ ability. Considering that this is part of
Balkan route, it is clear that in the battle with drug trafficking it has to
use all enabled instruments. CPS Trebinje, from other side, uses dogs with
success. But, it also brings dogs on terrain just in cases when there is a
report.
Finally, police uses on the crime
scene special equipments to determine presence of drugs in the body. On that
way, it gets certain information that suspicious person is under influence of
drug, or, there is a high possibility for that. However, about the chemical
analysis, Clinical Hospital Centre in Trebinje does not work it. When it is
necessary, police sends a sample for chemical analysis in Crime Technical
Centre in Banja Luka, for further analysis.
8.
ACTIVITIES ON SUPPRESSION
DRUG TRAFFICKING
Police from Trebinje, from year to
year notes growing success on the field of fight against drug trafficking. The
most famous operation was carried out in 2008, under code name “Leotar”. In the
first wave of action, police arrested 56 persons, searched over 200 locations
where found narcotic drugs and weapons. Action lasted four days, but police
prepared it six months, in cooperation with Federal police, MUP of
Herzegovina-Neretva Canton, and polices of Montenegro and Croatia. The whole
action was carried out under supervision of the competent prosecutor’s office.
Police found 60 kg of marijuana, 635 grams of cocaine and certain amount of
hashish. In the continue of action, police arrested another 33 persons. Of the
total number if arrested persons, police conduct 17 persons to the Special
prosecutor, 21 to the BiH Prosecutor office, and 11 to the District prosecutor.
EU police mission, which has closely followed action, praised the professional
conducting with action. Action “Leotar” is considered as a biggest action in
BiH ever conducted.
In the November 2004, CPS Trebinje,
in cooperation with police from Bileća, in a family house in Bileća
found 80 kg of marijuana. After that, when they searched one rented flat found
a bag with 45 grams of heroin and a bag with 60 grams of cocaine. In august
2008, during the search on festival “Hertz”, police found small amounts of
ecstasy, marijuana and hashish. In the same month, police search apartment in
Trebinje and found small amounts of marijuana and heroin. Around Bileća,
police arrested one person in the attempt to smuggle 80 kg of marijuana across
the border with Montenegro. In August 2005, police deprived of freedom one
person for possession 10 grams of heroin.
In July 2006, in the early morning,
members of MUP Special units, CPS Trebinje and Unit for support, on the 14
locations in Bileća perform synchronized action with aim-finding persons
who deals with organized crime. Action is result of two-month work. Action
performed 94 persons, in which they arrested one person, and seized 641, 10
grams of marijuana, 2, 4 grams of speed, 5, 2 grams of heroin and 88 grams of
in that moment unknown material, but with subsequent analysis they will find
that this is also type of narcotics. In mid February 2007, police arrested one
person for possession 667 grams of marijuana and for suspicion that it helps
one person from Herceg Novi to enjoy narcotic heroin. In 2008, police seized
684,708 grams of cocaine, 225,507 grams of heroin, 99 cannabis plants, 96
pieces of cannabis seeds, and 3.465, 054 grams of marijuana. During the
breaking of Bileća group, police searched 42 locations – 22 in Bileća
and 20 on the territory of East Sarajevo: Foča, Višegrad and
Ilidža. On that occasion, police arrested 20 persons, who are suspected
for transferring 500 kg of marijuana from Montenegro.
At the beginning of February 2009,
police deprived from liberty passenger on the bus relation Trebinje-Belgrade,
for possession 218,057 grams of heroin. In the June, police started action
under code name “Plantation”. At one person, police found 14, 2 grams of marijuana.
In late August, members of CPS Trebinje, on the road Nevesinje-Gacko, searched
two cars, when they found 100 grams of heroin and digital scales. They arrested
three persons: two from Gacko and one from Novi Sad. In September, in joint
action of CPS Trebinje and MUP Federation BiH, they arrested 13 persons and
found 2 kg of heroin. In one car, police found traces of the drug, which is
further indication that they deal with drug. In December, in the same year, in
Perovića Bridge, police deprived from freedom one person. In its car, from
left and right side of the back seat, behind protective barriers, police found
10 packages of skunk, with a total weight of 8.644 grams. Arrested person was
member of CPS Trebinje. Finally, at the beginning of 2010 year, CPS Trebinje
performed two successful actions. In the first action, this derived from 26.
February, in the routine control of one car, police patrol found two packages
of 8 kg and 1 kg of skunk. Two days later, police arrested two people for
possession 2 kg of heroin. One of them police has arrested year ago, but it was
released because lack of evidences.
Second part of activities police
directs on the discovering of marijuana plantations. In August 2005, in the
village Krnjin kamen, on the border between Bileća’s and Ljubinje’ s
municipality, police found two large marijuana plantations with more than 1.700
stems, and with total weight of about 1.500 kg excellent quality. Plantations
were planted on almost inaccessible rocky terrain. There were not any roads to
lead to them. To reach those plantations police had to go on foot, making their
way through undergrowth. The stems were more than three meters high, making
this marijuana to like on the trees. According to estimates, a price of
wholesale quantities of marijuana would be approximately 300.000 KM, while in
smaller amounts it would be reach a price of one million dollars.
Three days after this operation,
police found in area of Nesevinje and Bileća municipality another two
plantations, with 400 and 500 marijuana plants, height of 1-2 meters. According
to the police reports, with discovery of these plantations, police prevented
production of 250-300 kg marijuana. Their market value was about 180.000 KM.
After these actions, police in municipality of Bileća discovered one
plantation, but it also found 78 kg and 100 grams of dried marijuana in a
makeshift kiln on the plantation. Otherwise, a band that warns of a minefield
surrounded an entire plantation. However, it drew attention to the plantation.
Then, in Zasad field, in the municipality of Trebinje, police found plantation
with 5 Indian hemp height of 80 cm, in the vicinity of wastewater collector.
Border police in the country, which
department in Trebinje is considered as the best, also has success in its work.
In recent year, members of this department were usually finding small packages
of marijuana, with 5-10 kg. In 2009, Border police seized 2 kg of heroin. In
addition, it found three plantations of marijuana, with 18, 23, and 115 stems.
As we can see from these data, in the
last few years CPS Trebinje had success in clarifying crimes related to
narcotics. From one hand, a certain number of arrested persons is from
Trebinje, but also from Bileća, (who are mostly members of Bileća-group)
and from Gacko and Ljubinje. The largest number of arrested from action
“Leotar” is from Trebinje. On the other hand, the biggest number of found
plantations is from other Herzegovina’s municipalities.
9.
STATISTICS OF POLICE AND
COURTS FROM TREBINJE
At this place, we will give a brief
overview on the crime statistics in Republic of Serbska, and then we will
switch to the consideration on crimes related to narcotics in Herzegovina. In
the 2011, police discovered 219 crimes, what is in higher percent in comparison
with previous year. Because of the basic suspicion of committing these crimes,
police submitted 193 reports against 329 persons; number of submitted report is
higher then in previous year, but number of reported persons decreased for
16,03%.[78]
This data is shown on the graphic below.
Graph 1: Ratio on statistics data from the period 2008-2011 year
Quantity of seized drugs illustrated is in the
panel below.
TYPE |
2008 |
2009 |
2010 |
2011 |
Heroin |
11.092,88 gr |
14.852,14 gr |
1340,34gr |
773,57 gr |
Cocaine |
787,43 gr |
787,09 gr. |
331,65gr |
193 gr. |
Marijuana |
56.928,55 gr |
22.660,14 gr |
207527,3gr |
213083 gr |
Hashish |
111,7 gr |
1,8 gr |
1,3gr |
10 gr |
Amphetamine |
1.721,8 gr |
247,49 gr |
1404,22 gr |
791,44 gr |
Cannabis - stems |
697 |
1.266 |
1364 |
2162 |
Cannabis - seeds |
3.029 gr |
460 gr |
84.747 |
6925 |
Ecstasy |
570 |
225 |
120,5 |
3 |
Medicinal drugs |
382 |
1.408 |
417 |
3613 |
Table 1: Amount of seized
drugs in period 2008-2011 |
However, the smallest number detected
crimes are in area of Herzegovina, what is shown on the next graph. It is
surprising fact because one of the main drug traffics ways passes through
Trebinje. Data from 2011 will be compared with data from 2009.
Graph 2: Statistic’s
data from 2009
Graph 3: Statistic’s data from 2011
In the period 2002-2008 police
seized, in the area of Herzegovina, 655 kg of marijuana, 1,81 kg of heroin and
found 8.913 cannabis stems and ten plantations (the most of them is related to
2006 and 2007 year). Statistic has processed data for crimes and perpetrators
for 2007, we could find only to the October. For the past years, we could not
find processed data. On the two next graphs, we will show these data.
Graph 4: Graphical representation of the crimes, reports, and
reported persons in 2006-2006 and 2008 year
Graph 5: Graphical representation of the crimes, reports and reported persons for the first nine months in 2007
In Trebinje, the number of solved
crimes related to narcotics in 2009 is significantly higher than earlier. Above
fact, we can trace through data of District court, which sentenced in the 2009
more people than in the four previous year together. However, the Court of
first instance judge for significantly more crimes than District court.
District court is competent only for severe form of the crime Unauthorized production and sale of
narcotics, while in the last years was not trials for crime Enabling of drug use on the District
court. Statistically we will forward cases from 2005 to 2009 (we were not able
to get data from previous years because of the change monitoring cases). As far
as District court, we will cover the period 2005-2010. We have adjusted tables
for some specificity.
Year |
Unauthorized
production and sale of narcotics |
Enabling
of drug use |
2005 |
8 |
2 |
2006 |
6 |
- |
2007 |
6 |
- |
2008 |
6 |
- |
Table 2:
Statistics of sentenced cases on the Court of first instance
Overall, in the watched four years,
on the Court of first instance are sentenced 26 crimes of Unauthorized production and
sale of narcotics and 2 crimes of Enabling
drug use. All persons are sentenced. Sentences are in the range from one
month to three years, where 80% of all sentences are length to the one year.
From other side, on the law level of sentences affects a fact that in the
approximately 50% of all cases is reached guilty agreement. In addition, a
court imposed four suspended sentence. However, it is obvious that these
sentences are more severe than sentences on the District court.
On the District court were
not a large number of cases.
Year |
Number of crimes |
Number of sentenced persons |
Number of released persons |
2005 |
- |
- |
- |
2006 |
1 |
1 |
- |
2007 |
1 |
1 |
- |
2008 |
1 |
2 |
- |
2009 |
4 |
15 |
3 |
2010 (to 15. January) |
1 |
2 |
- |
Table 3: Statistics of sentenced cases on the
District court
District court did not sentence for
the crime Enabling of drug use. So,
statistic is based on a crime Unauthorized
production and sale of narcotics. Nevertheless, here is interesting a fact
that there were not trials for drug production, than for other forms of that
crime. Type of drug is usually cannabis, and then heroin and marijuana. Sentences
are in range from 3 months to 2 years and 6 months. We think that it is not enough
severe. If we take into consideration that for the crime from paragraph 2,
court can punish a defendant from 3 to 15 years, it is evident that penalties
are not severe enough. Between them, there are not sentence that is on the
minimum of possible sentence. Twenty defendant reached plea agreement, which
means that just one person did not reached an agreement. However, neither the
possibility of reducing sentences by plea agreement does justify such a low
sentences. In addition, just four of sentenced persons are not recidivists.
Everyone else already committed several crimes, the same or different kinds. In
Table 3. are listed persons who are released from procedural reasons or because
there were not enough evidences that they committed a crime. In the legislation
of Republic of Serbska, is not yet criminalized as a crime possession of small
amounts of narcotics. Courts qualify such cases as holding small amounts of
drugs for personal use and release those persons. Even the fact that police
found in garden of one of these persons buried 10.000 KM, not initiated a
police investigation in that direction. Finally, it should be noticed that
defendant are in 50% of cases – juveniles.
10. DRUG ABUSE CONTROL
10.1.
Introduction
Control of drug abuse is established
on three levels: international, regional and national. In fact, drug abuse
control is implemented through preventive and repressive labor. The control
system includes a wide combination of social action that has aim suppression
and prevention of production, circulation, and consumption of drugs. However,
with all normative-legal regulation of control is regulated repressive
measures, but preventive measures, without which no success in the countering
to this phenomenon, remain unjustly neglected. In contrast, in other countries,
preventive measures take a priority. For example, in England, a focus is on the
protection of young people. One of the protection programs is involving parents
in schools to patrol and keep an eye on children. On the other hand, only program
that had a success is one to one took, without usually practiced group
interviews.[79]
Young people from this area were,
mostly due to war and loss of loved, and then because hard social post-war
situation, exposed to stress, which led to anti-social and aggressive behavior
among adolescents.[80]
This caused drug abuse and rapid spread of drug addiction. Throughout the
region, situation is similar. In Bileća, for example, the massive
unemployment has led to the situation where drug dealer, mostly high school
student, is only person in family who brings money in house, and whom parents
justifies absents from school by making different reasons. Families, not
accustomed to problems like this one, deny it to the moment when it is to late
to react. This behavior goes so far that even professors say that in this area
no drug problem! Parents are the last who notice that their child has drug
problem. Even than, they deny reality and flee from the truth or they try to
solve a problem on the various inadequate ways. Drug user registers just in a
moment when they start to heal freely, or when police arrest them.[81]
Consequently, there is need for preventive acting: first, there should
eliminate circumstances in which a healthy man becomes a drug addict, and
second, there should educationally act about the harmful effects of drug use
and abuse. In addition, there should open an institutions that will deal with
treatment of drug addicts, because in BiH exist just two centers like
this.
10.2. Preventive acting on
suppression of drug control
Prevention of drug abuse should be a
primary task of society in drug control.[82]
Prevention is proactive process aimed at building capacity for the conservation
and improvement of the health and welfare of people, including specifically
identified individuals and population groups at high risk.[83]
Prevention should conduct primarily among young people as a risk group, and
among other social structures. It should be carried out in the systems of education,
health, welfare, safety, and penitentiary institutions.[84]
The measures are meant to prevent the initiation of drug abuse, and to prevent
that test drug use does not turn into regular use. Faculty and school members
implement prevention through education. However, this kind of education should
conduct students trained in education.
Second, non-institutional, but in our
opinion substantial leverage in this type of prevention, is family. As the basic
unit of society, it is essential in formation of each healthy person, and
without it as a starting point in preventive, any further fight against drug
addiction would be illusory. Healthy family means a healthy society, and today
state in society is due, primarily, dissolution and disintegration of the
family. Schools are educational institutions, and it act on the personality of
young people, shaping and directing him. In Herzegovina’s elementary schools,
for students of 8th and 9th grade, each year there are
holding lessons about harmful effects of drugs (except 2009 year, when it is
not kept). Unfortunately, it is noticeable lack of interests of students for
these classes. It happens that many leaves such classes. Some other group keeps
just desire to see examples of drug that teachers bring and show in the
lecture. In Trebinje, in 2008, classes are held in all three elementary
schools, for members of 8th and 9th grade, and in the
high school center. Lectures were not mandatory. We were not been able to get
information about exact number of student who presented, but according to the
information we have received from their head teachers, about 4/5 of student
were on that classes.
Domestic and foreign authors agree
that prevention should be implemented through strengthening of the families and
community. Families should be strengthened through various counseling, therapy,
and support (especially at the time of early child growing up). The community
should be strengthened through support to his members, develop of concept of
leader-representative of the community, as well as computer coordination as
leverage to support their neighbors and members.[85]
Besides the work on finding and
breaking of drug trafficking chairs, CPS Trebinje part of its activities focus
on prevention. Independently or in cooperation with schools or other
organizations:
-
organize lectures about harmful effects of drugs;
-
implement action “Drug out from school”;
-
implement action “Educate an educators”, when five students
come to Public Safety Center, where authorized person hold them lecture about
harmful effects of drugs, and then they go in schools and hold a classes about
it;
-
implemented action “Choose life not drugs”;
-
implement action “Types of drugs, adverse effects and tips
for parents (Peace Trails Youth Leadership Adventure Programs”;
-
implement a campaign “Choose life, choose health – drugs is a
disease”;
-
within Project of community policing on the meetings in local
communities, one of the mandatory issues is drug;
-
within Project of community policing organized action “Stop
drugs”,
-
organize press conferences for journalists on fight against
drug trafficking issue;
-
organize competitions for the best literary works on the
theme “Choose life, not drug”;
-
organize street racings on the theme of drugs;
-
build sport terrains that young people turn to the sport and
healthy activities;
-
organize regular leafleting and pasting posters around town
about harmful of drugs;
-
organized anonymous telephone line 122, on which public can
report a crime;
-
in cooperation with the European Union Police Mission
organized special unit, so-called Crime Stoppers, to whom citizens, calling
080-020-505, can report a crime.
Police, however, consider that
cooperation with schools is not yet at the high level. In high schools,
situation is very difficult. During the survey in 2000, it is noticed that a
significant number of students (35, 33%) is not at all interested in matters
related to drugs. Most of the respondents believed that drug is disease that
destroys a person, but there have also been opinions that drug is something
that brings a satisfaction. Some of them come to the information about drugs
very early, most with fewer than 12 years. Sources of information about drugs
are different, and the biggest source is television and movies, then the
parents, while the role of school is very negligible. The number of respondents
whom dealers offered drugs increases with age, especially between 18-s and
19-year. Nevertheless, it is not significant percentage of offering drugs to
children in elementary schools. Due to curiosity, many young people try
marijuana. The most critical period for drug use is between 16-s and 18-year,
in the school. In a case of problems with drugs, the great number will spoke
with family, which point to the fact that the family still has a very important
role. Nevertheless, it is a fact that many young persons does not know for
institutions where should they go in a case of drug problems.[86]
Number of drug addicts in Herzegovina
increasing. In the year 2004, there were 65 registered drug addicts, who went
in Belgrade for medical treatment (but, there were curried just five of them).
If we start from the formula that on each registered drug addict come seven
unregistered, we obtain a result that the number of unregistered drug addicts
in 2004 was 455, i.e. in 2010 that number increase on the 2275. However,
according to the unofficial information, the number is in the range 3000-3500
of drug addicts.
Center for Social Work is not
especially active in solving this problem. Its cooperation with CPS Trebinje is
weak, mainly because Center for Social Work has 07-15 working time, so, in time
when juveniles commit crimes (in the late evening or night), workers of Center
for Social Work are not available. That makes a difficult work for police,
because they are mandatory to be present in these cases. Therefore, Center for
Social Work should introduce employer for these cases. Church in prevention
programs engages as far as it can. Judging from the experiences of other
countries, a church can do a lot. In Russia, for example, church has tight
cooperation with Federal Drug Control Service, with whom it signed agreement
about work together. It turns out that a church was more supplies this
institution instead that the institution provides help and support for church,
especially with regard to training on the field of prevention.[87]
Church in Herzegovina makes efforts to educate young people about drugs. In
progress is preparation of the forums that will deal with this issue and city
authorities have to help these efforts.
10.3. Repressive acting on
suppression of drug control
Another type of drug abuse control
measures are repressive measures. Without them, there is no effective control.
Today, in the world does no a place without drug abuse. The lack of timely
prevention significantly reduced the appearance on success of repressive
measures. Repressive measures are related to:
1.
detecting, identifying and punishing the perpetrators crime Unauthorized production and sale of
narcotics;
2.
detecting, identifying and punishing the perpetrators crime Enabling of drug use;
3.
detecting and punishing of persons who are involved in
smuggling of drugs and their supporters, as well as persons involved in
organized crime in general;
4.
stricter punishment of these persons, and
5.
wherever is appropriate, the imposition of security measure Compulsory treatment of alcoholics and drug
addicts.
To repressive measures were
successful, it is necessary, above all, cooperation. From one hand, the law provides
mandatory cooperation between police, customs and judicial authorities, as well
as their constant exchange of information about all offenders and offences
related to the illegal production, storage and drug trafficking.[88]
Without successful cooperation, there is no successful battle. On the other
hand, all these measures must be carried out continuously, systematically and
smoothly, on the local area and through whole country both. Members of CPS
Trebinje believe that there is excellent cooperation with the District
prosecutor’s office, which is significant foundation for all actions. With the
courts, as separate and independent authorities, that will eventually trial for
these crimes, there is almost no contact.
11.
SURVEY RESULTS
The survey among citizens was
conducted in 25.02.2010. A sample was obtained by using a simple random sample.
It had 100 respondents, of whom 50 were males and 50 females, aged from 18 to
72 years. In research, we used methods of quantitative and qualitative analysis
of questionnaires and statistical method. Survey results are presented
graphically and textually.
1.
On question 1: Rate work of prosecution office against drug
trafficking, we obtained next results:
It is noticeable that a large number
of respondents consider the work of the prosecution office weak or
insufficient.
2.
On question 2: Rate work of PSC Trebinje against drug
trafficking, we obtained next results:
Answers on this question show that
people’s views about police’s work against drug trafficking is very bad.
3.
On question 3: Rate the appropriateness of sentences of
courts to seriousness of the offence, we obtained next results:
It is noticeable that citizens consider that penalties
are too lenient.
4.
On question 4: Rate efforts of school against drug addiction,
we obtained next results:
From graph, we can note that
respondents feel that school does not make any enough efforts or it make a
little efforts.
5.
On question 5: How much is, on Your opinion, number of
registered drug addicts in Trebinje, we obtained next results:
Citizens consider that
number of registered drug addicts is small.
6.
On question 6: How much is, on Your opinion, registered drug
dealers in Trebinje, we obtained next results:
The largest number of respondents
considers that registered dealers have more than 35, which indicate on
awareness of the citizens about the fact how is widespread drug trafficking in
Trebinje.
7.
On the question 7: What are the possibilities of police to
stop drug trafficking in Trebinje, we obtained next results:
From this, we can conclude that most
of the citizens believe that police in Trebinje is unable to stop drug
trafficking, or that possibilities are small, but it is not negligible number
of people who believe that the police have good results.
Last two questions in questionnaire
was open type: what measures should be introduced in the field of prevention to
improve success in battle against drug trafficking and what measures should be
introduced on the field of repression. Respondents gave different answers. All
citizens agree that all have to be engaging in fighting against drug
trafficking and they have to be more proactive. Then, citizens are dissatisfied
with the police (which they consider corrupted) and schools. Twenty-three
citizens believe that dismissal of the leading man and their replacement, will
give a crop, even partially. Then, 43 persons consider that higher education
would be useful, and 47 citizens believe that there must be more programs
against drug addiction. Finally, 18 respondents believe that opening of sports
terrain and turning youth to sport and science could help in the fight against
drug addiction. Regarding on the repression, citizens’ position is unique: the
imposition of higher penalties and sentences on defendants for drug crimes.
Questionnaire among members of PSC
Trebinje and Border police conducted on 28.02.2010. On this occasion, we got
interesting data. Primarily, they confirmed the fact that a way through
Trebinje is still very current for drug dealers. In recent years, they found
almost every kind of drug from questionnaire, but mostly they found marijuana, heroin,
and skunk. All founded plantations in area of Trebinje are plantations with
marijuana, and until now they has not found any plantations of skunk as
genetically modified marijuana. Besides the seizures in Trebinje, the largest
seizures recorded in Bileća, and roads Trebinje-Bileća-Gacko-Nevesinje.
Also, it is significant and unabated drug trafficking across the Bileća
lake. During the seizures, members of PSC Trebinje did not have serious
conflicts with dealers, what is in opposite with Border police, who had more
serious armed conflicts.
Cooperation with police in Montenegro
and Croatia is poor and not satisfactory. Maybe it is a little surprising fact
that police from Croatia is more willing for cooperation than police from
Montenegro (which can be associated with bigger corruption in that police).
Croatian police, on the other hand, try to take all credit for drug seizures.
It is not rare occurrence that Croatian police cross the border and confiscate
a drug on territory Republic of Serbska. At regarding on cooperation with
authorities of Republic of Serbska, it is noticeable disparity willingness on
this field to cooperate. The police have good cooperation with prosecutor,
while with the court it is rarely in contact. Schools show will for cooperation,
but it is weak now. Collaboration with Center for Social Work is also low,
because its working hours. However, there are some good relationships with some
employees of the Center for Social Work, who helps a police after his work
time.
Despite all prevention
programs that has implemented, the number of drug addicts increase. Under the
influence of drug, or to come to it, drug addicts perform different crimes. In
the most cases, those are property crimes, which are made from above reasons,
and which make Trebinje no different from other cities. Under the influence of
drug, to the some degree, they commit crimes against safety of transport, while
the lowest percentages of all crimes are violent crimes, under drug influence.
12. Conclusion
Drug addiction is one of the biggest
threats to today’s society. It is phenomenon that is spreading rapidly among
people of all ages. First, drug addiction is problem of the sense of human
life.[89]
There is no accurate data about number of drug addicts in the world, but it is
assumed that today that number exceeds 150 million of people, mostly males. Age
limit is increasingly shifting to lower, and according to some statistics,
among drug users is 30% of population younger than 12 years. There are many
causes of drug consumption, and usually that is curiosity. As would say
Dostoevsky, laziness is the mother of all vices. It is not necessary to
emphasize how much and what kind of negative effects a drug have on the human
body. Charles Baudelaire said: “They wanted (drug addicts – n. V.T.) to become angles, but they
became animals”. States on different ways regulate this issue, so, we can
notices more lenient or more severe punishment. In criminal law legislator took
views from international conventions, especially from United Nations Convention
against Illicit Traffic in Narcotics Drugs and Psychotropic Substances.[90]
So, this matter is quite adequately regulated. Regulations that ban illegal
drug trafficking are constantly improved. However, abuse of drugs and number of
drug addicts gets tremendous proportions. Preventing of drug abuse completely
failed and abandoned in many countries, and lack of timely prevention in whole
world has greatly reduced the possibility of repression.
The presentation about this complex
problem is a result of viewing a fight against drug trafficking through
available literature, as well as the analysis of practical work of all bodies
involved in it. In this paper, we tried to introduce on better way preventive
and repressive methods of fight against drug trafficking. One of the important
items is that Bosnia and Herzegovina adopted the National Strategy against drug
trafficking.[91] This
Strategy provides measures of prevention and education, as well as measures for
reducing of offer on the drug market. It is based on 13 principles and
represents a basic for acting authorities, institutions, associations, and
other physical and legal person. Strategy formulates nine general aims:
increase public awareness through community education to implement healthy
lifestyles and maintenance of mental health; suppression and prevention of
further spread of drug abuse; prevent the development of drug addiction,
mortality and health damage due to drug abuse; reducing damage to the community
caused by drug abuse; reduction of demand for drugs, especially among young
people; strengthening institutional capacity and responsible involvement of
society; improving legislation and its application; reducing the supply of
drugs and establishment of an independent Office for prevention of drug abuse
on the state level.[92]
Prevention programs are regulated in details. It is anticipated that programs
are being implemented in five areas: health, welfare, education, security and
in correctional institutions. Especially important is fact that Strategy
devotes special attention to children without parents, pupils in schools and
students in student’s dormitory. Measures for reducing drug supply on the drug
market are also provided in details. Primarily, Strategy provides measures for
police authorities to prevent and reduce offer of drugs on the illegal market
in BiH. Then, strategy provide building of global capacity of investigative
services for the fight against drug abuse and the spread of illegal drug
markets, establishment of reference laboratory for toxicological findings,
establishment information system and etc.[93]
We can conclude that Strategy on
comprehensive way regulates matter related to drug abuse and places ambitious
aims. To what extent they will be able to achieve in practice is open question.
For now, set targets gradually implemented. However, Strategy is the only basis
for action and base for developing a National Action Plan against Drug Abuse.
The Action Plan will provide the mechanisms for coordination with government of
entities, because ensuring that actions that will be undertaken on the state’s
level are complementary with actions undertaken by government entities. In
addition, entities should adopt specific strategies for the prevention of drug
abuse, which will, together with policies of the state of Bosnia and
Herzegovina to implement in practice.
PSC Trebinje approaches to this
problem on the proper way, and it acts in several directions. It detects and
breaks groups involved in drug trafficking, reveals marijuana plantations and
organizes various preventive actions. However, abuse of drug is a problem that
whom all has to face and work together. The results of survey showed that
people transferred all responsibility to the police, ignoring the fact that the
starting point in the fight against drug trafficking is family. Police, within
the framework of its activities, should prevent contact with the drug, and it
cut channels of drug trade. School, Center for Social Work, Red Cross and
church should, in accordance with its possibilities, act preventively on young
people. The courts should also understand serious problem of drug trafficking.
By comparison, we will mention that in other countries courts impose more
severe penalties than in the former Yugoslavia, and thus in Trebinje. During
the creation of this work and researching of a problem about which people
difficult and unwillingness speak, we faced with many difficulties. The biggest
problem was to find out the official number of registered drug addicts and dealers.
Due to introduction of a new system of monitoring court cases throughout Bosnia
and Herzegovina, where cases no longer look at the type of crime, the data of
Court of first instance were hardly obtained.
At the end of these
considerations, we will give some suggestions:
-
first of all, it is necessary that city budget provide
material resources for implementation preventive programs – it is known that
budget has a resources, but it is not known where it goes;
-
conduct continue education in schools and strengthen control
of them, and by possibilities introduce English system in them;
-
include a church in all prevention programs;
-
strengthen a supervision under drug addicts places;
-
carry out education of parents;
-
introduce an internal control in all types of police;
-
organize joint meetings for parents on neighborhoods to
discuss about situation in their neighborhoods and solve common problems;
-
introduce a policeman who would constantly patrolling in
certain area within concept of community policing;
-
open the center for drug addicts, and for this purpose
organize an action for donating money for its construction (on this place we
will present the fact that in the neighboring city of Mostar opened this
center, which currently treating 730 drug addicts, of whom 150 is on the daily
therapy of methadone);
-
install lighting in the park and other focal points of drug
addicts that are in the areas where passing children and youth;
-
strengthen cooperation among police, prosecutors, Center for
Social Work, Red Cross, churches and schools;
-
through local media constantly warn about dangers of drugs;
-
because inefficiency and corruption, exchange police members
with police members from other areas in country;
-
improve monitoring of key points throughout the city for drug
transport, and make better and more effective patrol schedule;
-
build a network of operational links, informers and
collaborators and find material resources in budget;
-
keep an electronic record of all information related to
registered drug addicts and dealers; as well as for their property and changes
in property.
As noted, we must resolutely and
publicly contribute to fighting against drug trafficking. This problem is
complex, difficult, and pervasive. It should be solved in a long period, slowly
and relentlessly, especially persistence, good organization and commitment.
Only in a moment when everyone takes his part of responsibility and persevere
in it and when everyone strengthen his consciousness about the importance of
this issue, and when a practice affirms undeniable moral and human purpose of
fighting against drug trafficking, we can hope to better quality and healthy
society.
Âåšêî Òóðàœàíèí*
ÑÏÐÅ×ÀÂÀŒÅ
ÒÐÃÎÂÈÍÅ ÎÏΣÍÈÌ ÄÐÎÃÀÌÀ ÍÀ ÏÎÄÐÓ×£Ó ÕÅÐÖÅÃÎÂÈÍÅ
Ó
îâîì ðàäó àóòîð ñå áàâè ñïðå÷àâàœåì òðãîâèíå îïî¼íèì äðîãàìà íà ïîäðó÷¼ó
Õåðöåãîâèíå. Ñàäðæèíñêè, ðàä ñå ñàñòî¼è èç òðè ö¼åëèíå. Ó ïðâîì äè¼åëó ðàäà
àóòîð äà¼å îïøòè ïðèêàç òðãîâèíå îïî¼íèì äðîãàìà, òå óëîçè ïî¼åäèíèõ
ìåóíàðîäíèõ îðãàíèçàöè¼à ó ñïðå÷àâàœó îâå ïî¼àâå. Ïîòîì îá¼àøœàâà ñàâðåìåíå ïóòåâå äðîãå,
ïîâåçàíîñò òðãîâèíå äðîãîì ñà êîðóïöè¼îì è ïðàœåì íîâöà, òå ïðèêàçó¼å îäðååíå
ìåóíàðîäíå è íàöèîíàëíå îðãàíèçîâàíå êðèìèíàëíå ãðóïå êî¼å ñå áàâå èëåãàëíîì
òðãîâèíîì îïî¼íèì äðîãàìà. Ó äðóãîì äè¼åëó ðàäà àóòîð îá¼àøœàâà òðãîâèíó äðîãîì
ó Õåðöåãîâèíè, ïî÷åâ îä íà÷èíà ñàçíàœà çà îâà êðèâè÷íà ä¼åëà, ïðåêî ìîãóžíîñòè
çà ñïðå÷àâàœà òðãîâèíå, óñï¼åõà ïîëèöè¼å è ñòàòèñòè÷êèõ ïîäàòàêà î çàïëè¼åíàìà
äðîãå, äî ñòàòèñòè÷êèõ ïîäàòàêà ñóäîâà. Òàêîå, ó îâîì äè¼åëó ðàäà àóòîð ïðèêàçó¼å
ðåçóëòàòå èñòðàæèâàœà ñïðîâåäåíîã ïóòåì àíêåòíîã óïèòíèêà ìåó ãðààíèìà è
ïðèïàäíèöèìà ïîëèöè¼å. Òðåžè äèî ðàäà àóòîð ïîñâåžó¼å ïðåâåíòèâíèì è
ðåïðåñèâíèì àêòèâíîñòèìà íà ñïðå÷àâàœó òðãîâèíå äðîãîì, òå íà êðà¼ó äà¼å
êðèòè÷êó àíàëèçó è ôîðìóëèøå îäðååíå ïðè¼åäëîãå çà ïîáîšøàœå ñòàœà ó îâî¼
âàæíî¼ îáëàñòè.
ÊŠÓ×ÍÅ
ÐÈ£Å×È: îïî¼íå äðîãå, Õåðöåãîâèíà, êðèâè÷íî ä¼åëî, ñòàòèñòè÷êè ïîäàöè,
ïðåâåíòèâíå è ðåïðåñèâíå àêòèâíîñòè
* Teaching assistant on the Criminal law on Faculty of law in Kragujevac, Republic of Serbia
[1] For some effects of drug use, see: M.
Singer, Drugs and development: The global
impact of drug use and trafficking on social and economic development,
International Journal of Drug Policy, vol. 19, 2008, 467-478.
[2] D. Nikolić, Narkomanija
– zločin ili kazna, Beograd, 2001
[3] Krivični zakonik
Srbije, Službeni glasnik Srbije broj 85/05, 88/05, 107/05, 72/09 i 111/09
[4] Krivični zakon
Republike Srpske, Službeni glasnik
Republike Srpske broj 49/03, 108/04, 37/06, 70/06 i 73/10
[5] H. H. Schneider, Kriminologie, Berlin-New York, 1977, 106-116; J R. Beniger, Trafficking in drug users: Profesional
exchange networks in the control of deviance, Cambridge, 1983
[6] C. Bruckert, C. Parent, Trafficking in Human Beings and Organized
Crime, www.rcmp-grc.gc.ca, januar 2010; UN Convention Against Transnational Organized
Crime
[7]
www.interpol.int, august 2012
[8] Ž. Aleksić, Z.
Milovanović, Leksikon kriminalistike,
Beograd, 1995, 125.
[9] H. Bartilow, K. Eom, Free Traders and Drug Smugglers: The Effects of Trade Openness on
State`s Ability to Combat Drug Trafficking, Latin American Politics and
Society, vol. 59, no. 2, 2009, 117-145.
[10] www.interpol.int
[11] About this program, see also: S. Uljanov, Standardi Interpol-a u borbi protiv
ekološkog kriminala, Zbornik: Ekologija
i pravo, Beograd, 2012, 69-70.
[12] Information are taken from
www.interpol.int, August 2012
[13] Ibidem
[14] www.europol.europa.eu
[15] Europol
annual report 2006, www.europol.europa.eu, January 2010
[16] Annual report 2006, www.europol.europa.eu, January 2010
[17] F. Shanty, The nexus: International terrorism and drug trafficking from
Afghanistan, Santa Barbara, California, 2011
[18] Ibidem
[19] About drug trafficking in Brasil, see: E.
D. Arias, Drugs & Democracy in Rio de
Janeiro, North Carolina, 2006
[20] Annual
report 2008, www.europol.europa.eu, January 2010
[21] About production of amphetamine, see
report: Amphetamine – A European Union
perspective in the global context, Luxemburg, 2011
[22] United Nations Office on Drugs and Crime,
www.unodc.org, further: UNODC
[23] www.un.org.rs, January 2010
[24] Refer to year of 2008.
[25] M. D. Nazemroaya, The war in the Afghanistan, www.globalresearch.ca/index.php, March 2010
[26] M. Chossudovsky, The Globalization of Poverty and the New World Order,
www.globalresearch.ca/index.php, March 2010
[27] World
Drug Report 2009; G. Farrell, Routine
activities and drug trafficking: The case of Netherlands, International
Journal of Drug Policy, vol. 9, 1998, 21-32
[28] World
Drug Report 2009
[29] Bulletin on Narcotics, vol. LVIII, 2006, 61.
[30] Drug Enforcement Administration,
http://www.justice.gov/dea/, futher:DEA
[31] Marijuana Potency Monitoring Project. "Quarterly Report #87.”
[32] The
DEA Position on Marihuana, www.dea.gov, March
2010
[33] Ibidem
[34] See interesting article: K. Tunnell, Inside the Drug Trade: Trafficking from the
Dealer`s Perspective, Qualitative Sociology, vol. 16, no. 4, 1993, 361-381.
[35] B. Simonović, Suzbijanje ilegalne trgovine drogom, Pravni život, 9/03, 2003, 111-134.
[36] M. Bošković, Metodika, Beograd, 2005, 213.
[37] M. Bošković, Transnacionalni organizovani kriminalitet, Beograd, 2003, 132.
[38] M. Kosudovski, Kosovski borci za
slobodu finansiraju se iz organizovanog kriminaliteta,
www.globalresearch.ca, March 2010
[39] See: W. Gilmore, Drug trafficking by sea, Marine policy, May 1991, 183-192.
[40] About drug trafficking routes, see also on
www.interpol.int, and, especially for Europe: T. Van Solinge, Drug use and drug trafficking in Europe,
Outlook on Europe, vol. 89, no. 1, 1998, 100-105; J. Van Doorm, Drug trafficking networks in Europe,
European Journal on Criminal Policy and Research, vol. 1-2, 96-105. Experts
estimated that Golden Triangle in 1991-1992 yielded a record crop of 3.000
tones of opium. See: J. Van Doorm, op.
cit., 97
[41] V. Rakočević, Otkrivanje i suzbijanje zloupotrebe droga,
doktorska disertacija, Beograd, 2003, 143.
[42] Ibidem, 146.
[43] G. Drašković, Osnovni pravci međunarodnog tranzita
opojnih droga – oživljavanje balkanskog puta, Bezbednost, br. 3/98,
361.
[44] About this, see also: J. Van Doorm, op. cit., 99.
[45] www.mup.rs, March 2010
[46] M. Schiray, Introduction: drug trafficking, organized crime, and public policy
for drug control, Drugs, criminal organizations & public policies,
2001, 352.
[47] Ž. Aleksić, Pranje novca i nedozvoljen promet droga,
Izbor sudske prakse, 3/04, 2004, 11.
[48] www.state.gov/p/inl/rls/nrcrpt/2005, January 2010
[49]www.ec.europa.eu/enlargement/pdf/press_corner/keydocuments/reports_nov_2008/bosnia_herzegovina_progress_report_en, February 2010
[50] D. Nikolić, op. cit., 394.
[51] About Mexico`s
organizations, see: J. S. Beitel, Mexico`s
drug trafficking organizations, Trends Organ Crim, vol. 15, 64-74; C. Martinez, Transnational Criminal Organizations, Military Review,
September-October 2012, 58-62, H. Campbell, Drug
trafficking stories: Everyday forms of Narco-folklore on the U.S.-Mexico border,
International Journal of Drug Policy, vol. 16, 2005, 326-333
[52] D. Petrović, Organizovanje zločinačkih
udruženja, Beograd, 1996, 21.
[53] R. Jović, A. Savić, R. Kuljača, Droge i terorizam, Bar, 2007, 161.
[54] DEA, Worldwide
Cocaine Situation, Report and Japan:
„Land of show“ Geopolitical drug dispathshno, 2-3
[55] www.state.gov/p/inl/rls/nrcrpt/2005, January 2010.
[56] M. Lopušina, Albanska mafija – najveće zlo Evrope,
www.lopusina.com/knjiga.html?id=45, February 2010.
[57] M. Êosudovski, Kosovski „borci za oslobođenje“
[58] B. Simonović, Kriminalistika, Kragujevac, 2004, 22.
[59] For some aspects in drug trafficking, see:
W. Walsch, G. Vito, R. Tewksbury, G. Wilson, Fighting back in bright leaf: Community policing and drug trafficking
in public housing, American Journal of Crminal Justice, vol. 25, no. 1,
2000, 77-92.
[60] Committee on Law and Justice, Fairness
and Effectiveness in Policing,
National Academies Press, 2004,
24, www.nap.edu/books/0309084334/html/, February 2010.
[61] U. Pena, Nacionalne
strategije suprotstavljanja pojedinim vrstama kriminaliteta i njihova
implementacija, Bezbjednost, 1/09, Banja Luka, 2009, 71
[62] B. Simonović, Rad policije u zajednici, Banja Luka,
2006, 387.
[63] J.Ćirić,. Whistleblowers, Pravna riječ, Banja Luka, 23/2010, 533-544.
[64] R. Ronin, Obaveštajni rad, Beograd, 2009, 34-35.
[65] Ibidem
[66] A. Dvoršek, Kriminalistički obavještajni rad i
njegove perspektive u kriminalistici, www.fw.uni-mb.si/, April 2010, 1
[67] Ibidem
[69] www.eradovi.info/index.php?option=btg_rad&idrad=467, April 2010
[70] M. Simović, Krivično procesno pravo – posebni dio,
Banja Luka, 2006, 75- 80.
[71] V. Rakočević, op. cit, 155.
[72] For searching these places, police use a
special probe, which uses police in Herzegovina.
[73] M. Bošković, op. cit, 216.
[74] V. Vodinelić, Kriminalistika, Beograd, 1984, 88.
[75] That is a most rarely way of finding out
for the crime, when police finds an offender on the crime scene during
committing a crime or immediately after that moment, with fresh traces on him.
[76] They a produced by a company STINGER SPIKE
SYSTEMS, and their price is around 400$. BiH received some stingers as a form
of international assistance a few years ago. See www.fedsig.com, February 2010
[77] Once, Border police moved boundaries of
their jurisdiction. Smugglers noticed them from one peak and they started to
shout how police has no jurisdiction there. Then a police officer, by using
similarity Herzegovinian and Montenegrin accent, began to play Montenegrin.
After that, smugglers surrendered to the police.
[78] Information on security situation,
www.mup.rs, August 2012
[79] J. Bogdanović-Ćurić, A. Radeta, Sprovođenje programa emocionalne
inteligencije u trebinjskim
srednjim školama, Radovi
filozofskog fakulteta, Pale 2004-2005, 6-7, 552, Dropout Prevention Planning Guidebook, www.psesd.org/images/stories/, March 2010
[80] J.
Bogdanović-Ćurić, A. Radeta, Op. cit., Radovi filozofskog
fakulteta, Pale 2004-2005, 6-7, 552
[81] S. Lazić, Špricevi i marihuana u školskom
dvorištu, Pravoslavlje, 952, www.pravoslavlje.spc.rs
[82] R. Jović, A.
Savić, R. Kuljača, Op. cit.,
273
[83] I. Cerić, N.
Mehić-Basara, W. Oruč. H. Salihović, Zloupotreba psihoaktivnih supstanci i lijekova, Sarajevo, 2007
[84] Državna strategija nadzora nad opojnim drogama,
sprječavanja i suzbijanja zloupotrebe opojnih droga u Bosni i Hercegovini za period 2009-2013
[85] M. Harrington, I. Perez-Johnson, A.
Mecstroth, J. Bellotti, J. M. Love, Protecting
children from substance abuse, Mathematica Policy research, www.rwjf.org/pr/product.jsp?id=14191, March 2010, 6
[86] Rezultati ankete o raširenosti bolesti zavisnosti među
mladima grada Trebinja, Trebinje, 2000, 18-29
[87] S. Lazić, Narkomanija kao posledica raspada
duhovnosti, Pravoslavlje, 953, www.pravoslavlje.spc.rs, March 2010
[88] R. Jović, A.
Savić, R. Kuljača, op. cit.,
283
[89] V. Panović, Dajmo šansu dobroti i porodici, Dveri
srpske, br. 44, 4/09, Beograd, 2009.
[90] I. Marković, Krivičnopravna regulativa zloupotrebe
droga u zakonodavstvu Republike Srpske,
Glasnik pravde, 10-11, Banja Luka, 2003, 141.
[91] Državna strategija nadzora nad opojnim drogama, sprečavanja i
suzbijanja zloupotrebe opojnih droga u Bosni i Hercegovini za period
2009-2013.
[92] Ibidem
[93] Ibidem
*
Ñàðàäíèê ó íàñòàâè íà êðèâè÷íîïðàâíîì ñì¼åðó íà Ïðàâíîì ôàêóëòåòó
Óíèâåðçèòåòà ó Êðàãó¼åâöó