Organized crime continues to grow from federal prisons.
Organized crime continues to grow from federal prisons.
The Penitentiary Service did not adopt the measures required more than a year ago by the Narcocriminal Prosecutor's Office (PROCUNAR), headed by Attorney General
The specialized prosecutor's office has just published a new report, according to which
it is necessary to have a criminal intelligence area within prisons.
Nor should the
in the crimes of the personnel working in the prisons be ruled out.
The expansion of the 2021 report consists of 18 pages, about twenty cases analyzed and a reiterated problem.
The document, which
accessed , was recently presented to Attorney General
, and exposes a problem that they describe as serious due to its constant growth: "the deployment of
narcocriminal maneuvers planned or carried out from prisons
After analyzing a large number of cases that led to different drug leaders being jailed, PROCUNAR identified those factors that facilitate or "promote this type of maneuver."
For more than a year, within the framework of a work group set up by the Attorney General, a series of recommendations were made to the Federal Penitentiary Service to "prevent the commission of new crimes from the prison environment."
These proposals were formulated under a central premise: the people who were deprived of their liberty and occupied hierarchical links in complex narco-criminal organizations or groups, "with great territorial influence, continued to communicate with individuals outside the walls, who carried out, under their directives, different maneuvers illicit trafficking of narcotic substances and other related crimes”.
There are two large items on the basis of which all the suggestions on which the SPF did not specify modifications are nucleated.
On the one hand, the Attorney General requested that the imprisoned drug leaders "
do not have contact with other inmates who are detained for crimes related to drug trafficking
or organized crime."
strict control was required of the telephone communications
that the detainee could maintain "through the fixed line telephone that is publicly accessible to the prison population and through other authorized means of communication."
When analyzing twelve specific cases and nine files initiated in recent months as a result of the kidnapping of cell phones, PROCUNAR concluded that all these records "demonstrate a permanence in terms of the management of organizations dedicated to illicit drug trafficking by people who are deprived of liberty for the commission, outside the walls, of crimes of the same nature”.
The conclusion that does not differ from what was already stated in the 2021 report, exposes the seriousness of the situation:
the problem only deepened.
This is supported by the document that
accessed: "Despite the circumstances analyzed in the report prepared in 2021 and the recommendations of the Working Group submitted to the Ministry of Justice, there are indicators that show that the
serious situation continues
and that it is not enough to adopt individual measures that must be litigated in each specific case”.
With the new cases opened for possession of cell phones, for threats pronounced towards judicial officials as well as the orders distributed for the continuation of the crime, the prosecutor Diego Iglesias pointed out that everything accounts for "the violence and complexity of the situation" and that this "They support the need to implement the procedures" raised "by virtue of the seriousness of the facts for which they were convicted both by federal justice and in the provincial courts."
However, the current report states, the adoption of all the requested measures -ranging from greater controls in searches,
placement of cell phone jammers
, the prohibition of having electronic devices, among other requirements- "
has had a dissimilar response from of the magistrates
, who are the ones who must order them in each specific case.
Even more so, when a person is detained at the disposal of various processes and judges”.
At this point, PROCUNAR analyzed the responses and actions raised by the Oral Courts that are in charge of prisoners who are in the process of trial or those who have already been sentenced.
It also includes criminal execution judges as well as those who have different drug leaders available in the investigation stage.
Despite this first observation, the Specialized Narcocrime Prosecutor's Office makes a distinction: even though the Public Prosecutor's Office requests control measures and the magistrates decide in favor of them, "inevitably the execution and control" of compliance with these orders is the
responsibility exclusive of “the authorities of the Federal Penitentiary Service”.
"Possible collusion of federal agents"
At the time of substantiating this aspect, it was noted that there are several cases in which
"one cannot but assume the possible collusion of the agents of said service,
to allow and facilitate the entry of cell phone devices into prisons" .
More than a year and a half ago, there had been requests for this point to be investigated.
They also did not get a response from the SPF.
The Attorney General's Office understands -the report continues- that the problem in question, "which mainly violates the prison coexistence regulations, must be resolved by strengthening the control mechanisms aimed at preventing inmates from using cell phones and promoting measures that enable communication of the prison population with their families through the means of communication that are enabled for this purpose.”
It was pointed out that, as had already been requested by the Working Group since 2021, the "urgency and need to adopt
detainee profiling criteria
prevails and that the penal establishments dependent on the Federal Penitentiary Service have
jammers and frequency inhibitors
This Law, as
reported, dates from 2017 and was never put into effect since it was the obligation of the SPF to enforce the prohibition on the possession of cell phones as well as the placement of inhibitors in the pavilions.
In short, the effectiveness in the adoption of measures "requires a solid determination of all the agencies involved in the issue to prevent and punish the problem of drug crime carried out from prisons."
For this, the PROCUNAR understands, the operation of some internal structure is needed within the Penitentiary Service
"that has the capacity to develop criminal intelligence
and, eventually, act as an auxiliary to justice in the investigation of cases such as those analyzed here."
It must be remembered that the government of Alberto Fernández dismantled the criminal intelligence area within the prisons, denouncing that it was used by the Macrista management for tasks of alleged illegal espionage in the pavilions where the so-called K prisoners were located.
The Comodoro Py Appeals Chamber has already ruled on the matter and denied the existence of illegal intelligence activity.
The prisons continue without an internal intelligence area, something that some federal judges also claimed in various files and the Association of Magistrates ratified a few days ago.
There is a detailed request in the report by the prosecutor Iglesias, and that is that the Office of the Administrative Investigations Prosecutor (PIA)
in charge of Sergio Rodríguez
be given intervention
, “considering that the people linked to drug crime and complex crime from establishments penitentiaries operate under the responsibility of public officials dependent on the National Administration”.
This point refers to possible criminal investigations that could focus on some degree of
with the inmates responsible for organized crime, such as for the request and follow-up of administrative actions related to these inmates, the PIA is an actor of considerable relevance”.
Prosecutors from all over the country, the Association of Prosecutors and the Association of Lawyers, alarmed by the drug violence against the magistrates, demand consensus and actions
A third of the courts that must investigate and punish drug trafficking in Santa Fe are vacant