Šimonović: We do not need a sword, nor aspirin, but a scalpel

Croatia does not need a sword, nor aspirin, in the fight against organized crime. It needs a scalpel that cuts deep and precisely, stated Justice Minister Ivan Šimonović today while speaking in the Parliament about the measures his ministry has taken and plans to take in the fight against the mafia.

Emphasizing that the situation with organized crime is very serious, Šimonović said that it is necessary to act quickly and seriously, as organized crime and corruption have spread to such an extent that they threaten the safety of citizens and the state’s integration ambitions. "It is high time for an energetic, uncompromising, and systematic reckoning," added Šimonović, who reported that the Ministry of Justice has already agreed with the presidents of the Supreme and County Courts that cases of organized crime and corruption will be prioritized.

"Within two weeks, there should not be a single case under the jurisdiction of USKOK for which the courts have not scheduled a hearing, if there are procedural prerequisites," said Šimonović. He also reported that some organizational measures have already been taken, and that today new court and prison regulations will be published in the Official Gazette and come into effect. Based on the new court regulations, special USKOK departments will be established at the county courts in Zagreb, Split, Rijeka, and Osijek. In these cities, USKOK departments will also be established at the municipal court level.

Judges who will work in these departments will be selected based on criteria of expertise and readiness to tackle the greatest challenges, in which they will also have professional assistance from foreign experts and financial incentives. Such judges will undergo security checks, and the USKOK departments will operate separately from the rest of the courts, ensuring confidentiality, said Šimonović. Regarding the prison regulations, the minister emphasized that they will not impose stricter conditions for other inmates, but that they will be tightened for those convicted of organized crime, who will be able to communicate with the outside world only if approved by the special USKOK police.

They will no longer be able to be visited in prisons by those linked to organized crime, thus preventing the arrangement of new criminal activities, said Šimonović. In the normative part, he announced the so-called anti-mafia package, which will amend the Criminal Code and the Criminal Procedure Act as well as the Police Powers Act. He announced that the confiscation of mafia assets will be facilitated, noting that under the USKOK Act, more than 15 million euros in assets of those accused of organized crime and corruption were frozen last year. As the most important change, he announced that all assets of the convicted could be confiscated, not just those proven to be acquired through criminal acts.

Only assets for which the convicted can prove they were acquired legally will be exempted. "This will hit the mafia where it hurts the most – in the wallet," said Šimonović. He once again announced the establishment of a DNA database of convicts and reminded that an amendment to the Criminal Procedure Act is in parliamentary procedure, based on which investigations will henceforth be conducted by DORH, carried out by the police, and judges will only oversee whether the investigation is conducted in accordance with the law and whether the human rights of the accused are respected.

Although the proposed law leaves three years for the system to adapt, the new model of investigation in USKOK cases will be implemented as early as June 2009, announced Šimonović. He also announced new standards for the protection of witnesses and informants, as well as potential witnesses, stating that their protection under new identities in other countries will also be enabled.

Šimonović announced a series of measures to enhance the reputation of the legal profession, especially the judicial duty. Judges will be selected and evaluated solely based on clear criteria established by the profession, and they will be required to undergo lifelong education, he said. Emphasizing that corruption and organized crime are not new phenomena, Šimonović stated that there is no reason for fear. "Since independence, we have successfully overcome even greater challenges," said Šimonović, asserting that the state must simply be better organized than organized crime. (H)