Analytics, Corruption, Direct Speech, Latvia, Legislation

International Internet Magazine. Baltic States news & analytics Friday, 29.03.2024, 14:54

Threats for the safety of business and society as exemplified by one criminal scheme

Inara Vilkaste, entrepreneur, human rights activist, the author of the book “Attempt on the State. Inconvenient Vashkevich”, Riga, 10.05.2017.Print version
The article was written summarizing the results of speech at 30th Baltic Criminological Conference held in the capital of Latvia, Riga on April 28-29.

The rule of law – one of the main principles of law-bound state; violation of this principle jeopardise the existence of law-bound state itself, endangers the safety of citizens and undermines confidence in government institutions.

 

Danger of violation of the rule of law principle appears when separate empowered representatives of the society in state service are using the available state resources for mercenary purposes.

 

The biggest danger in this context are the employees of power-wielding agencies – law-enforcement agencies and intelligence services, as long as they have large powers to perform shadowing, tapping collecting large data files, restrict freedoms of citizens, access to weapons etc. Such situation is dangerous when employees of intelligence services are acting in cooperation with criminals, creating the criminal groups.

 

In case of lack of proper supervision by social institutions, the activity of law-enforcement agencies and special services becomes almost unsupervised. Arbitrariness results in lawlessness, when separate employees of intelligence services become organizers of murders, terrorist acts, kidnapping for mercenary purposes.  

 

Let me present you one example how it is done. It is not a solitary instance. During the past two decades this scheme (and analogues) were implemented by corrupt employees of intelligence services several times to extort money from entrepreneurs, to capture successful businesses, for racketeering and redistribution of power.

 

First of all, a group of employees from intelligence services with large powers picks the “victim” and collects necessary information. A fishing expedition method is being used – collection of information about the victim by all means, including shadowing, wiretapping, illegal searches grounded by applications of criminal’s and informants of intelligence services.

 

Then the informant of intelligence services appears near to the “victim”. Often he represents a criminal world, previously convicted or accused in pending criminal proceedings. He is being supported by intelligence services, so he could act without fear for being responsible for his criminal activities and have an axe to grind. Actually, any inhabitant of the state could become such “victim” if he caused interest for criminals for some reason.

 

Second stage of this scheme is an extortion itself. Informant of intelligence services becomes the main character, as long as he:

а) presents the demands of extorters,

б) in case of intractability of victim, performs activities to intimidate the “victim” and force he or she to comply with demands of extorters.

 

It shall be mentioned that as long as intelligence services have almost infinite possibilities, its’ informant enjoys the same infinite possibilities. There was a case when not only threats and blackmailing were implemented to force the victim, but also theft of documents, attempted kidnapping of family members, organization of explosions, murders, terrorist acts.

 

It is quite natural that a victim, being law-abiding person facing such criminal mayhem turns to law-enforcement agencies for protection. Criminal proceedings being initiated under the application of victim and the informant of intelligence services becomes the accused person.  

 

However, at third stage, instead of protection the victim gets a huge amount of counter criminal and administrative proceedings, fabricated under totally absurd accusations! But the most important is that initiator of all the amount of counter criminal proceedings is… the same informant of intelligence services

 

There was a case when after the application to the police the victim himself was involved in 150 (!) criminal and administrative proceedings within several months and these proceedings were initiated under applications of… extorter-informant.

 

Actually the legal “roundabout” is being created, when same persons are suspects, witnesses and victims in dozens of criminal proceedings. Number of such proceedings could increase exponentially: accused person in one proceedings writes applications against the victim, new criminal proceedings are being initiated and they change places.

 

The “victim” becomes object of unexampled pressure – physical, moral and psychological. In presentational scheme a “victim” was summoned to law-enforcement agencies 125 times, to the court – 306 times within a single year. Consider this: it is twice as many as weekdays in a year! In other words, every day (!) twice a day (!) during the whole year (!) a person was to visit different law-enforcement agencies – police, courts and other. This has nothing in common with observance of human rights on private life and freedom of movement, on family and business – basic human rights in law-bound state!

 

Simultaneously to create particular public opinion and put pressure on the victim, information attacks and massive compromising campaigns are being carried out in medias.

 

It is obvious that creation of such “roundabouts” would be impossible without a proper cover from interested persons from intelligence services and law-enforcement agencies.

 

It is also obvious that such legal “roundabouts” allows intelligence services to avoid suspicion and responsibility for their informants.

 

The fourth stage generally brings the outcome. The victim could stop the resistance and goes through hoops for extorters – involved criminals and employees of intelligence services. Or the extorters meet less favourable scenario: the “victim” keeps standing against them.

 

It results in full-scale abuse of state resources by criminals: one criminal cases are being divided to other ones, criminal proceedings are pending years long, court sessions are being postponed over and over again.

 

Despite the fact that same persons are present in more than a hundred criminal proceedings, being either victims, or suspects, all the proceedings are being tried separately, creating almost unlimited possibilities to delay the trials!

 

Endless flow of proceedings ensures the law-enforcement agencies and intelligence services with possibility to endlessly persecute one and the same “victim”, e.g. perform endless wiretapping of conversations of a “victim”, his or her family members and relatives to collect some information.

 

Deep analysis of described scheme allows to rise several serious problems, existence of which causes a great threat to the security of inhabitants and creating lack of confidence in people that their state could ensure one of important functions – protection.

 

1)      First of all: impartial investigation should be able to assess participants of the proceedings with a critical eye. Supervising public prosecutor shall be informed if some of the participants of criminal proceedings are actually informants of intelligence services to be able to assess testimonies in impartial manner.

 

2)      Secondly: The malpractice of creation of legal “roundabouts” when one and the same persons are being victims and suspects in large amount of criminal proceedings shall come to an end.

 

3)      Thirdly: evidences of creation of legal “roundabouts” should be assessed as signs of crimes and abuse of powers with all the consequences that come with it for organizers from intelligence services and law-enforcement agencies.

 

4)      Fourthly: The practice when criminals become informants of intelligence services with a single purpose – to avoid liability for committed crimes shall come to an end.

 

5)      Fifthly: It shall be considered that criminal proceedings, lasting for years are violating human rights on private life, freedom of movement, on family, rights to do business etc. In this context investigative institutions and courts shall ensure the adjudication of cases within a reasonable time frame.

 

Only in law-bound state citizens could be sure of security for themselves and their families, business and the accessibility of protection if they are turning to the law-enforcement agencies.

 

The main principle of democracy shall be observed – the rule of law over a person, not vice versa.






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