Regional: Application of special investigative techniques against firearms trafficking

16 - 18 April 2024, in Sarajevo and Pristina, UNODC worked together with representatives from law enforcement, prosecutorial services, and the judiciary in the Western Balkans (WB) to address challenges in applying special investigative measures (SIMs) to cases of organized crime, drugs, and firearms trafficking. This initiative by UNODC is particularly relevant for enhancing the criminal justice response to firearms trafficking, as SIMs are crucial for executing joint operations and play a significant role in international criminal cooperation.

The first results from this initiative included a comprehensive overview of the regulatory framework governing SIMs across WB jurisdictions, including information on the types of SIMs, their application criteria, and duration of use. Several challenges in the application of SIMs were identified, such as the grounds for contesting the legality of SIMs application by the defense, restrictions related to audio/video recordings, procedural challenges in obtaining court approval for the continuation of SIMs application, and the lack of a normative framework for the utilization of spyware/malware by law enforcement.

The WB practitioners also exchanged information on the legal framework and the application of SIMs by joint investigation teams. A key focus was the challenges associated with using SIMs to counter firearms trafficking through postal and express courier parcels. The experts proposed that UNODC develop comprehensive publications on the application of SIMs for countering firearms-related offenses in the WB. They also reached a consensus on the scope, content, and inclusion of templates in these publications to enhance communication among law enforcement, prosecutors, and pre-trial judges.

This activity is implemented with financial support provided by Germany, the United Kingdom, Sweden, France, the Netherlands, and Norway through the Western Balkans SALW Control Roadmap Trust Fund and supported by the European Union.