Illegal wiretapping (known as the Target/Tvrdina case)
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On 30 March 2016, the Special Prosecution Office (SPO) opened an investigation called Tvrdina into illegal wiretapping perpetrated by the Administration for Security and Counterintelligence (UBK) and the subsequent destruction of the wiretapping systems in 2015 in order to cover up the whole scheme. The attempted cover-up of the illegal wiretapping scheme points to obstruction of justice.
- Country
- North Macedonia
- Sector
- Private finance
- Offence
- Abuse of official position or authority
- Phase
- 1st instance verdict
Description of the case
On 30 March 2016, the Special Prosecution Office (SPO) opened an investigation called Tvrdina into illegal wiretapping perpetrated by the Administration for Security and Counterintelligence (UBK) and the subsequent destruction of the wiretapping systems in 2015 in order to cover up the whole scheme. The attempted cover-up of the illegal wiretapping scheme points to obstruction of justice.
The suspects included employees of the UBK, the head of the Fifth Directorate Goran Grujevski and then minister of the interior Goradana Jankuloska. With their actions, the suspects caused damages of more than €10 million to the state budget, according to the SPO.
On 28 November 2016, the SPO opened another investigation called Target, announcing that several UBK employees were suspected of illegally monitoring at least 4,286 telephone numbers without court orders in the period from 2008 to 2015, including politicians, businessmen and journalists.
Because of the connection between the two investigations, they were merged into one case called Target/Tvrdina. On 30 June 2017, the SPO filed an indictment. The high-profile defendants were former head of the UBK Saso Mijalkov and former minister of the interior Gordana Jankuloska. The other defendants were former UBK employees Goran Grujevski, Nikola Boskovski, Nadica Nikolic, Toni Jakimovski, Vladimir Varelov, Marijan Sumulikovski, Silvana Zlatova, Vasil Isakovski and Valentina Simonoska.
The defendants were charged with various crimes of criminal association under Article 394 of the Criminal Code (CC), abuse of official position and authorisation under Article 353 of the CC, falsifying official documents under Article 361 of the CC, and accepting a reward for unlawful influence under Article 359 of the CC.
The trial in the Target/Tvrdina case was also seen as pivotal for the Special Prosecution Office in its aim to determine responsibility for the illegal wiretapping affair, which was the main cause of a lengthy political crisis that unfolded in North Macedonia in 2015.
Ultimately, the first-instance court issued a guilty verdict on 26 February 2021 against 11 of the defendants, who received sentences ranging from two to 15 years in prison.
In addition, an unnamed twelfth defendant admitted his guilt on 17 November 2017 and received a suspended sentence of six months. The criminal procedure was conducted separately for this individual, whose identity has not been revealed (see here).
Corruption offence
Abuse of official position and authorisation (Article 353 of the Criminal Code of the Republic of North Macedonia)
Accepting a reward for unlawful influence (Article 359 of the CC)
Falsifying official documents (Article 361 of the CC)
Helping a perpetrator after the commission of criminal offence (Article 365 of the CC)
Criminal association (Article 394 of the CC)
Cooperation; Encouragement; Helping (Articles 22–24 of the CC)
Extended criminal case (Article 45 of the CC)
Other (non/criminal) laws breached
Law on the Prevention of Corruption
These laws have been breached insofar as they define the official duty and manner of work of the prime minister and other ministers.
Suspects' institutional affiliation
The accused were high-level state officials
Date of offending
In the period from 2008 to 2015
Sector affected by the offence
Public finance; Public institutions
Related developments
The suspects lost their political power
Court
The Court of First Instance Skopje 1 Skopje; Skopje Court of Appeal; Supreme Court; The Supreme Court of the Republic of Greece
Several cases involve defendants in the Target/Tvrdina case.
The defendant Saso Mijalkov is involved in four other proceedings brought by the SPO: Imperija, Titanic 2, Tortura and Trezor.
The defendant Gordana Jankuloska is involved in two other proceedings brought by the SPO: Titanic and Tenk.
Related domestic or foreign cases
Two of the defendants – former head of the Fifth Directorate of the Ministry of the Interior Goran Grujevski and UBK employee Nikola Boskovski – were tried in separate proceedings, because they fled to Greece.
Current stage of the case in criminal procedure
Procedural history
As a result of the investigation conducted in the merged Target and Tvrdina cases, an indictment was filed against a total of 12 defendants on 30 June 2017.
On 17 November 2017, one of the defendants admitted his guilt and received a suspended sentence of six months. The criminal procedure for the person, whose identity was not revealed, was held separately.
Two of the defendants – former head of the Fifth Directorate Goran Grujevski and UBK employee Nikola Boskovski – were tried in separate proceedings, because they fled to Greece.
The trial for the other defendants began on 22 December 2017. A total of four hearings were scheduled in the case between 15 March 2018 and 15 September 2018, three of which were postponed. The hearings scheduled for 27 March 2018 and 15 May 2018 were postponed because the authorities awaited a decision on the extradition request for defendants Grujevski and Boskovski.
Only six of the 11 hearings scheduled from 15 September 2018 to 15 March 2019 took place. The examination of the witnesses for the prosecution continued over the subsequent hearings.
On 26 February 2021, the Skopje Criminal Court in its first-instance verdict found former head of the secret police Saso Mijalkov guilty on all three counts, and handed down a prison sentence of 12 years.
Former UBK officials Grujevski and Boskoski were each sentenced to 15 years in prison after being found guilty of criminal association and abuse of office.
Former UBK official Toni Jakimovski was sentenced to six years in prison and former UBK official Nadica Nikolic received three years in prison after they were found guilty of participating in the criminal group that organised and carried out the illegal wiretapping.
The court also handed down four years’ imprisonment to former minister of the interior Gordana Jankuloska, who was found guilty of helping to destroy the surveillance equipment used for the illegal wiretapping in 2015.
Obstacles
One obstacle arose from the absence of the two defendants Goran Grujevski and Nikola Boskovski.
The Greek Supreme Court rejected a request from the Macedonian Ministry of Justice for the extradition of former intelligence officers Grujevski and Boskovski on the grounds that there were no conditions for a fair trial in the country. Both were also released from detention.
Resolution of the case
On 26 February 2021, the first-instance court issued a guilty verdict against 11 of the defendants, who received sentences ranging from two to 15 years in prison.
On 17 November 2017, a defendant admitted his guilt and received a suspended sentence of six months. The criminal procedure was conducted separately for this individual, whose identity has not been revealed.
Applicable minimum and maximum penalty in the highest band for the
For criminal association (Article 394 of the Criminal Code of the Republic of North Macedonia) prison from one to five years (paragraph 1) and prison from three months to three years (paragraph 2).
For abuse of official position and authorisation (Article 353 of the CC) prison from six months to three years (paragraph 1), prison for at least five years (paragraph 5).
For falsifying official documents (Article 361 of the CC) prison from three months to five years
For accepting a reward for unlawful influence (Article 359 of the CC) prison from one to three years (paragraph 1), prison from one to ten years (paragraph 10)
Charges pressed by the prosecutor in the actual case
On 30 June 2017, the SPO filed an indictment against four defendants, charging them with criminal association under Article 394 of the CC, abuse of official position and authorisation under Article 353 of the CC, and falsifying official documents under Article 361 of the CC. The SPO also presented an indictment proposal charging eight defendants with the same three counts and with accepting a reward for unlawful influence under Article 359 of the CC.
Sanctions imposed
In the first-instance verdict of 21 February 2021, the following sanctions were imposed:
- Sasho Mijalkov received 12 years in prison
- Gordana Jankuloska received four years in prison
- Goran Grujevski received 15 years in prison
- Nikola Boskovski received 15 years in prison
- Nadica Nikolic received three years in prison
- Toni Jakimovski received six years in prison
- Vladimir Varelov, Marijan Sumulikoski, Silvana Zlatova, Vasil Isakoski and Valentina Simonoska each received a suspended sentence of two years (which will not be executed if they do not commit a new crime in the next five years)
Sanctions enforced
The sanctions are yet to be enforced. The accused have a right to appeal the first-instance verdict.
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