New action against ‘Ndrangheta in Italy and Hungary       

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New action against ‘Ndrangheta in Italy and Hungary       

The Hague, 25 January  2023

With the help of Eurojust, the Italian and Hungarian judicial and law enforcement authorities have carried out an operation against the ‘Ndrangheta criminal organisation. During a joint action day, eight persons were arrested. They are suspected of mafia-type criminal association, international money laundering and fraudulent transfer of values.

The operation is a follow-up to a wider investigation concluded in 2019 against the same criminal organisation. Today’s action day focused on the group’s money laundering activities, which were facilitated by a number of companies that had previously been fictitiously registered in the name of third parties under Italian, Hungarian and Cypriot law.

In addition to the eight arrests, investigators seized assets worth approximately EUR 3 million, including bank accounts, real estate, vehicles and a yacht. Four real estate companies were also seized, three of which in Budapest and one in Milan.

The case was opened at Eurojust in March 2019. The Agency organised two coordination meetings and facilitated the execution of a European Arrest Warrant.

The following authorities took part in the investigation:

Italy: Public Prosecutor’s Office of Catanzaro, Special Operations Group of the Carabinieri

Hungary: Metropolitan Chief Prosecution Office of Budapest, National Bureau of Investigation

The Ambassador of Colombia, H.E. Ms. Carolina Olarte Bácares

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The Ambassador of Colombia, H.E. Ms. Carolina Olarte Bácares

H.E. Ms. Carolina Olarte Bácares is the newly appointed Ambassador of the Republic of Colombia to the Kingdom of the Netherlands. She presented her credentials to His Majesty King Willem-Alexander on January 25, 2023. She is coming to The Hague with decades of experience in law. 

Ms. Olarte Bácares’ extensive path in international law began with a Bachelor of Laws, which she attained from The Pontifical Xavierian University in Bogota in 2001. Her specialization was Public Law, International Law, and Human Rights. After graduating, Ms. Olarte Bácares briefly worked as a Legal Advisor at Alberto Preciado Asociados, but quickly resumed her studies. She completed a Master of Research in International Law in 2003, earning her degree with distinction from Robert Schuman University in France. 

Over the next decade, Ms.  Olarte Bácares followed an academic career in international law, investment arbitration, and business and human rights. She has taught and conducted research at various universities, including University Autónoma De Colombia (2006-2009), Sciences Po Paris (2008-2009), University of La Sabana (2013-2020), and her alma mater, The Pontifical Xavierian University (2004-2023). In addition, she has been a guest lecturer at various universities around the globe, including the University of British Columbia in Canada. In 2015, Ms. Olarte Bácares completed her PhD in International Law at University Paris 1 Panthéon-Sorbonne, receiving a degree of distinction. 

The King of the Netherlands and the Ambassador of Colombia, H.E. Carolina Olarte Bácares. Photography Jeroen van der Meyde.

Due to Ms. Olarte Bácares’ work in academia, she has published many academic papers, articles, and books. One of them is International Investment Law and Arbitration from a Latin American Perspective, which she co-wrote alongside Monebhurrun Nitish and Velasquez-Ruiz Marco. 

While teaching and researching, Ms. Olarte Bácares also took up other positions from time to time. She was an Assistant Legal Advisor at the UNHCR in Bogota from 2006 to 2007, where she designed refugee protection claims. In 2016, she became a member of the editorial board of the Brazilian Journal of International Law, a role she held for seven years. In 2019, she was briefly the External Consultant for the International Bar Association, designing an International Training Program and conducting training sessions. Since 2020, Ms. Olarte Bácares has been the Dean of the School of Law at The Pontifical Xavierian University. Additionally, she is also active as an independent consultant. These are a few of her past occupations. 

In between these roles, Ms. Olarte Bácares has participated in various training programs, earning certifications like a Trainer’s diploma in Themis Methodology, legal argumentation, and conventionality control (2019). She currently holds multiple professional memberships, including being a member of the Society for Business Ethics, a board member of the Global Business and Human Rights Scholars Association, and a founding member of the Colombian Academy of International Law (ACCOLDI). 

Presentation of letter of credentials, Ambassador of Colombia H.E. Carolina Olarte Bácares, January 25, 2023. Photography Jeroen van der Meyde.

Even before coming to the Netherlands as Ambassador of Colombia, Ms. Olarte Bácares already had several ties to The Hague. She has been a Member of the National Group in the Permanent Court of Arbitration, and a Co-Agent before the International Court of Justice since 2022. 

Aside from her mother tongue, Spanish, Ms. Olarte Bácares speaks many languages, which is unsurprising considering her time spent abroad. She is fluent in French, speaks English and Italian, and has some command of Portuguese. 

The diplomat community in The Hague sends a warm welcome to Ambassador Olarte Bácares and wishes her all the best in this new term. 

Senegalese accreditation for Dato’ Zainal Izran Zahari

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Senegalese accreditation for Dato’ Zainal Izran Zahari

Thursday, 19 January 2022, Dakar, Republic of Senegal: At the Palace of the Republic, HE President Macky Sall received for a stately accreditation ceremony the Ambassador of Malaysia, HE Dato’ Zainal Izran bin Zahari who conveyed President Sall the personal regards of both, His Majesty The XVI Yang di-Pertuan Agong of Malaysia as well as Prime Minister Anwar Ibrahim. 

For Dato’ Zainal his tenure in Senegal becomes a first ambassadorship since he entered the diplomatic service in 2002. From Senegal he shall likewise serve as non-resident head of mission for The Gambia, Mali, Cabo Verde as well as Burkina Faso. 

Ambassador Zahari previously served in the capacity as Deputy Permanent Representative at the Mission of Malaysia to the United Nations, and other international organizations based in Vienna, Austria from 2019 through the end of 2022. Between 2016 and 2018 he went back to headquarters, and served in the South Central Asia Division in his country’s foreign ministry (abbreviated as KLN for its initials in the Malay language). 

Picture by Presidency of Senegal.

Between 2013 and 2016 he was posted in Brussels wherein he was Deputy Head of Mission at the Permanent Mission of Malaysia to the European Union, and Embassy of Malaysia to the Kingdom of Belgium, and non-resident embassy to the Grand Duchy of Luxembourg. 

Throughout his career Dato’ Zainal has also served as a diplomat in Sweden as well as Papua New Guinea. 

Ambassador Zahari was knighted by the Regent and Crown Prince of Pahang Darul Makmur, HRH Tengku Hassanal, and is bears the honorific Dato’. 

For further information 

Presidency of Senegal: https://www.presidence.sn

Changing of the Guard ASEAN Committee The Hague

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Changing of the Guard ASEAN Committee The Hague

By Roy Lie Atjam

H.E. Ambassador Dato’ Nadzirah Binti Osman of Malaysia in the Netherlands
assumed the chairmanship of the “ASEAN Committee The Hague” (ACTH)on 20
January 2023. All five stakeholders witness the smooth transfer in a serene
ceremony.
Ambassador Osman’s stint will last for six months, commencing January 2023.
We wish Ambassador Osman every success and assure her of our perpetual
fidelity and support.

The Ambassador of the Philippines Jose Eduardo Malaya, presenting Ambassador Osman her instrument of authority.

International Criminal Court Marks Opening of the Judicial Year 2023

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International Criminal Court Marks Opening of the Judicial Year 2023

On 20 January 2023, the International Criminal Court (“ICC” or “Court”) held a solemn hearing for the opening of its judicial year, featuring speeches of keynote speaker Mr Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, ICC Principals, and the President of the ICC Bar Association. ICC judges as well as the Vice-President of the Assembly of States Parties (ASP), Ambassador Kateřina Sequensová, Representatives from national jurisdictions, regional or international courts, the diplomatic corps, civil society and international organisations, also attended the event in ICC Courtroom 1 or through the online streaming. 

Opening the event, the President of the Court, Judge Piotr Hofmański, stated: “We are particularly honoured by the presence of many presidents of international and regional courts and chief justices of national jurisdictions of States Parties to the Rome Statute. As we pause for a moment to reflect on our mandate and renew our commitment to justice, it gives us strength to see so many esteemed colleagues by our side. … It is first and foremost the domestic courts that must be the vanguard against impunity, and only when they cannot or will not act, the ICC should intervene. And, domestic courts are also the ones that must carry on the torch of justice once the ICC’s intervention ends.” 

United Nations Legal Counsel Miguel de Serpa Soares delivers Keynote Address at the opening of the ICC judicial year 2023 on 20 January 2023 at the seat of the Court in The Hague ©ICC-CPI

The Under-Secretary-General for Legal Affairs and the United Nations Legal Counsel, Mr Miguel de Serpa Soares, delivered the keynote address in which he recognized the central role of the Court in the international criminal justice system. “The abiding challenge for the Court remains to realize its full potential in its fight to end impunity and build a just and more peaceful world,” he said, noting that the attention of the international community focused on its work, and in particular its judicial decisions. The Legal Counsel emphasized the strong relationship and extensive cooperation between the United Nations and the Court. “The Court will always find in the United Nations a committed partner, a staunch ally and a firm friend,” he concluded.

Prosecutor Karim A.A. Khan KC noted that in 2023 his Office would focus on “delivering increased results in the courtroom through a renewed approach to investigations and prosecutions, drawing on new technology.” He underlined that “this year should be one in which the bonds between victims and the Court is strengthened, by bringing justice closer to affected communities. Through new approaches, and by strengthening the bridge between survivors and the Office, this year can be one in which the impunity gap is finally narrowed through collective action.”

ICC Registrar Peter Lewis, whose term will end this year, said: “Above all else, we face 2023 with the knowledge, that for those victims and communities who thirst for justice and peace, what we do at the court matters.”

In addition, the President of the International Criminal Court Bar Association (ICCBA) Marie-Hélène Proulx stated: “As we enter into this new year, I want to pay tribute to the contribution of counsel, and of their support staff. The ICCBA is proud to represent them, and to voice their concerns and their demands before the organs of the Court, the ASP and the general public. There can be no justice without a strong defence, and without meaningful representation of participating victims. And there can be no fair trial without equality of arms.”

The solemn hearing was followed by the ICC’s Fifth Annual Judicial Seminar attended by ICC judges and ca. 35 judges from international, regional and national courts, including several chief justices of ICC States Parties. This year’s edition of the Judicial Seminar focused on the crucial role that national courts and jurisdictions play in the international criminal justice system aimed at closing the gap of impunity for the gravest crimes under international law.

The participants discussed the legal aspects of the principle of complementarity, the support of the United Nations for the capacity building of national jurisdictions as well as the concrete experiences of national and hybrid jurisdictions. A summary report of the Judicial Seminar, held under Chatham House rules, will be issued subsequently. The ICC is grateful to the European Commission for its financial support of the Judicial Seminar.

Statement of President Zhaparov on Kyrgyzstan’s green transition

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<strong>Statement of President Zhaparov on Kyrgyzstan’s green transition</strong>

Dear partner countries and international financial development institutions! We can all see how the problem of smog has become one of the most pressing problems in our country in the recent years. Smog is especially strong in the fall and winter period, since the use of coal for heating plays a significant role in this.

Undoubtedly, the solution to this issue requires a comprehensive approach. In my first year as the president, I identified environmental and green economy issues as one of the top priorities of the state policy.

On our initiative, the UN declared 2022 as the “International Year of Sustainable Mountain Development,” in Kyrgyzstan last year was also declared the «Year of protection of mountain ecosystems and climate sustainability». The issues of the negative effects of climate change concern all countries of the world, including Kyrgyzstan, which has thousand-years’ glaciers.

In November 2021, in my speech at the opening of the Summit of the World Leaders on Climate Change in Glasgow, I said that by 2030, Kyrgyzstan aims to reduce greenhouse gas emissions by 44%, and by 2050 will try to achieve carbon neutrality, which is possible primarily through development of the hydropower sector.

Kyrgyzstan is a country rich in hydro-resources. It is sad to note that being in the upper reaches of water resources, we were not able to build new hydropower plants during the years of independence and were forced to import electricity in winter time. For the last 30 years we have been using coal, fuel oil and the power of previously built hydropower plants. At the moment we are using only about 10% of our hydropower potential.

Therefore, on my instructions, over the last two years we have actively started building small and medium hydropower plants across the country, and appropriate regulations have been adopted to provide preferences to investors.

The largest construction project, Kambar-Ata HPP-1, the future flagship of the national energy sector, has been launched.

With implementation of these projects, Kyrgyzstan can truly be called an energy-independent country that will export electricity to foreign countries.

Perhaps if more attention had been paid to this issue in earlier years, the smog issue would not be so acute today. We could have used more electricity for heating in the fall and winter.

Now we are firmly committed to development of the green economy, the whole modern world pays special attention to this. That is why I have instructed us to begin actively working on exchanging the country’s foreign debt for green initiatives.

Today, Kyrgyzstan’s foreign debt totals around USD 4.2 billion.

Of course, we are and will be in full compliance with all our foreign debt repayment obligations, and we have every opportunity to do so. We are just taking the initiative to develop the green economy and jointly contribute to improving the environmental situation in the world.

It would be good if the funds earmarked for repayment of the foreign debt were used to support the green initiatives. We are not saying that these projects should only be financed by donors and partners. We are also ready to invest from our side and implement these projects.

For many years the green economy has been discussed at various levels, but unfortunately in most cases it is all in theory. We want to move from words to deeds, together we can change this.

It is no secret that we are far behind other countries in the world in terms of the green economy. We want to correct this as soon as possible.

We are sure that these initiatives will be supported by the donor countries and development partners.

At the moment, 50 small and medium hydropower plants are being built in Kyrgyzstan. But even this is not enough. We have investment projects ready. We have the capacity to build small and medium hydropower plants with the capacity from 1 to 1,000 MW; the rivers are ready.

The countries and financial institutions, of which Kyrgyzstan is a debtor, could take part in construction of energy facilities and hydropower plants in the country. Together we will cut the ribbons of these green economy facilities.

Together we are implementing green projects in Kyrgyzstan, in exchange for us being written off foreign debts.

We all want our children to live in a rich country with a good environment. We want to be a truly energy-independent country which uses its potential rationally. Therefore, the state will continue to move in this direction, paying more and more attention to the ecology and green economy issues.

For further information 

Kyrgyz Presidency: https://president.kg/kg/

30 years of ties between the EU and Central Asia

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<strong>30 years of ties between the EU and Central Asia</strong>

Tuesday, 17 January 2023, Brussels, European External Action Service (EEAS): In the framework of the anniversary of thirty years since the establishment of diplomatic ties between the European Union and the Central Asian republics, namely Kyrgyzstan, Kazakhstan, Tajikistan, Turkmenistan and Uzbekistan, the EU’s Special Representative for Central Asia, Finnish diplomat Terhi Hakala co-hosted a reception with the heads of diplomatic mission of the aforemention countries. 

EEAS Secretary General Stefano Sannino likewise attended the event, and addressed the gathered guests. 

Ambassador Palpanov addresses the guests.

The event featured not merely culinary delicacies but also artistic performances as well as an exhibition of crafts hailing from the Central Asian countries.

For instance, unique Turkmen national costumes adorned with handmade embroideries, beautiful necklaces, bracelets, pendants, brooches and other silver jewelry made by skilled zergars, magnificent carpets made of wool and silk, as well as unique works of applied craftsmen are presented at an exhibition being held at the premises of the EEAS. 

For further information 

European External Action Service: https://www.eeas.europa.eu/search_en?fulltext=Terhi+Hakala

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Pictures courtesy of the Turkmen Mission to the EU

Eurojust supports coordinated judicial action in Romania and the Republic of Moldova against border bribery

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Eurojust supports coordinated judicial action in Romania and the Republic of Moldova against border bribery

The Hague, 19 January 2023

Supported by Eurojust, judicial and law enforcement authorities in Romania and the Republic of Moldova have taken coordinated action against border officials who allegedly demanded and accepted bribery to facilitate the illegal passage of vehicles transporting passengers or parcels.

During an action day, 8 suspects were detained and 45 locations were searched across Romania and the Republic of Moldova. Eurojust provided assistance to the Romanian and Moldovan judicial authorities in setting up and funding a joint investigation team (JIT).

Based on the evidence at hand, the national investigative authorities suspect that certain border guards and customs officials working at the Romanian/Moldovan and Romanian/Hungarian border crossing points have been demanding and receiving bribes from individuals involved in the cross-border transport of passengers and/or parcels without the necessary authorisations, in exchange for allowing these illicit border crossings to take place.

Bribes were also allegedly received or accepted in exchange for allowing the border passage of Moldovan citizens who overstayed their EU residency, without applying the legally stipulated sanctions for these situations. The bribes received were allegedly worth up to EUR 500.

The provision of counterfeit work contracts and counterfeit Romanian ID documents by Moldovan suspects is also suspected and subject to investigation. These items were allegedly used to facilitate the fraudulent crossing of State borders by individuals who did not meet the necessary legal requirements.

During the joint action day carried out in Romania and the Republic of Moldova on 17 January, 45 searches were carried out. Furthermore, eight suspects were detained and will be presented to the judge with arrest proposals.

In addition to supporting the establishment of the JIT and providing it with funding, Eurojust actively facilitated the international judicial cooperation by organising a coordination meeting, facilitating the exchange of relevant information and evidence under the JIT, and facilitating the execution of two European investigation orders issued towards a State not participating in the JIT.

The following authorities took part in the investigation:

  • Romania: National Anticorruption Directorate, General Anticorruption Direction within the Romanian Police
  • Republic of Moldova: Anticorruption Prosecutor’s Office, Anticorruption and Internal Protection Service

Registrar Abubacarr M. Tambadou opens the second semester of the Mechanism’s Inter-University Video Lecture Programme

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<strong>Registrar Abubacarr M. Tambadou opens the second semester of the Mechanism’s Inter-University Video Lecture Programme</strong>

Arusha, The Hague,  19 January 2023 – The Registrar of the International Residual Mechanism for Criminal Tribunals, Abubacarr M. Tambadou, today opened the second semester of the fourth cycle of the Inter-University Video Lecture Programme, “International Law and Facts Established before the International Criminal Tribunal for the former Yugoslavia (ICTY)”, with a lecture on the role and functions of the Mechanism for law students from across the countries of the former Yugoslavia.

Registrar Tambadou provided the students with the historical background of the Mechanism’s establishment and discussed in detail its role and functions. He also outlined the challenges faced by the Mechanism in carrying out a number of essential functions previously carried out by the International Criminal Tribunal for Rwanda (ICTR) and the ICTY and discussed the similarities and key differences between the mandates of the Mechanism and its two predecessor Tribunals. He engaged with the students during a question and answer session where the Registrar expanded on the Mechanism’s role in maintaining the legacies of these two pioneering ad hoc international criminal tribunals.

Today’s lecture was the eighth in the fourth cycle of the Programme, which launched in October 2022 with a lecture by the Mechanism’s President, Judge Graciela Gatti Santana. Students also received lectures by experienced lawyers from the Mechanism’s Office of the President, Chambers, the Office of the Prosecutor, as well as by a member of the Defence, covering such topics as the destruction of cultural heritage, joint criminal enterprise, prosecution of war-time sexual violence and the rights of the accused.

The Programme, developed and implemented by the Mechanism Information Programme for Affected Communities (MIP), brings together more than 150 postgraduate students from across the former Yugoslavia to initiate a dialogue about the region’s recent history, the role of the ICTY and the principles of international criminal law and international humanitarian law. The fourth cycle of the Programme is anticipated to continue with lectures delivered on a weekly basis until the end of March this year.

Together with the participating universities, the MIP has created a regional network of law faculties – the first of its kind – where law students from different countries in the Balkans region can learn about – and discuss – the work of the ICTY and its legacy. The lecture series not only builds the students’ knowledge, capacity and understanding of international criminal law and international humanitarian law, but also serves as a platform for genuine dialogue between law students from the countries of the former Yugoslavia.

The network includes faculties of the Union University in Belgrade, the University of Donja Gorica, the University of Niš, the University of Peja, the University of Podgorica, the University of Priština, the University of Sarajevo, the Ss. Cyril and Methodius University of Skopje, the University of Split, the University of Vitez, the University of Zagreb, and the University of Zenica.

The Programme forms part of the wider MIP, launched in January 2019, aiming to increase awareness and knowledge among affected communities about the 1990s conflicts in the former Yugoslavia, based on ICTY and Mechanism cases. The MIP is funded by the European Union.

Takedown of fraudulent cryptocurrency network

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Takedown of fraudulent cryptocurrency network

The Hague, 12 January  2023

With the active support of Eurojust and Europol, a coordinated action has led to the dismantling of a cryptocurrency fraud network operating from Bulgaria, Cyprus and Serbia. The network operated professionally to set up call centres, which defrauded numerous victims in Germany, Switzerland, Austria, Australia and Canada for at least tens of millions of euros.

Four call centres and 18 places were searched, and over 250 workplaces were identified in Serbia, Bulgaria, Cyprus and Germany. Fourteen persons were arrested in Serbia and one in Germany. Overall, more than 250 persons were interviewed and over 150 computers, various electronic equipment and data back-ups, three cars, two luxury apartments and one million US dollars in cryptocurrencies and 50 000  EUR in cash were seized.   

The number of victims identified are almost certainly only be the tip of the iceberg. During investigations into the organised crime group (OCG), which ran the fraudulent call centre scheme, high volumes of financial transactions were detected. The OCG operated the call centres from Serbia and used a technological infrastructure in Bulgaria to run the scheme. Allegedly, Cyprus was the base for laundering the illegal proceedings.

The network attracted potential investors online and often contacted victims by phone to lure them into doing small investments, speaking English and German. After initial gains, victims invested more money, which they subsequently lost. During the operation, active call centres were searched and closed by the authorities in Serbia.

Eurojust organised a coordination centre with Germany, Bulgaria, Cyprus and Serbia to support the cross-border judicial cooperation, including the presence of a crypto expert from Germany and Europol EC3. The Agency also organised a coordination meeting, during which a joint investigation team (JIT) between Germany and Serbia was agreed upon.

Europol organised an operational meeting and provided support to the joint action day from the Eurojust coordination centre and two of the participating countries.

A group of 33 German police officers took part in the actions in Bulgaria, Cyprus and Serbia, as a large share of the victims are from Germany.

Investigations into the online scam were launched in 2021 by the Public Prosecutor’s Office (PPO) in Stuttgart in Germany and the State Office of Criminal Investigations of Baden-Württemberg. Eurojust organised a coordination meeting in November 2022 to prepare for this week’s operation and provided judicial, logistical and financial support to the JIT.

The operation was carried out on the ground by:

  • Bulgaria: General Directorate National Police and Investigative Department in Sofia City PPO under supervision of the Sofia City Prosecutors’ Office
  • Cyprus: Crime Combating Department, Office for Executing European Investigation Orders and Letters of Request Limassol/Pafos Branch
  • Germany: PPO Stuttgart; State Office of Criminal Investigations Baden-Württemberg; Police Headquarters of Aalen and Reutlingen
  • Serbia: Special Public Prosecution Office for Combating High-Tech Crime; Ministry of Interior of the Republic of Serbia – Service for Combating Organized Crime
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