All Women Police station - Access to Justice for victims of crime
Beulah Shekhar
April 15th - 15:00 | Room 103
Faika Kabir, Dahunsi Oluwafemi
BEULAH SHEKHAR
JO ANNE WEMMERSMANGAI NATARAJANMicheal O'Connel
12
The meeting reviewed all women police stations. It has been documented that women victims of domestic violence in traditional cultures are hesitant to seek police help if the police officer is a male. Traditional, non-western countries such as India, Brazil have introduced several hundreds of women police stations to deal with crimes against women. It was noted that women police stations serve the 70% of women that live in the rural India.
In 1973 the first women police station was introduced in India and in 1985 in Brazil. This gender oriented police station has increased the reporting of domestic violence. For example, between 2004 until 2008, 20,268 cases were registered in one city alone in India.
Empirical research confirms that many more women report their victimization with this special access to justice. In addition, women police stations are considered as gender sensitive and helpful in reducing repeat and secondary victimization in traditional societies thus providing victim safety and protection.
Several countries - including Nepal, Pakistan, Sri Lanka, Ghana, Kosovo, Liberia, Philippines, Sierra Leone, South Africa, Uganda and many Latin American countries have set up women’s units or police stations at a local level. On a note of caution, a New Zealand study suggests victims appear to be more concerned about the sensitivity, fairness and equality of their treatment and less concerned about ‘matching gender’ of victim and police officer. Therefore, ongoing monitoring and evaluation are necessary to ensure adjustments are made to avoid causing more harm to victims and continue to improve plights of women as victims.
15 Years of the UN Trafficking Protocol
Kate Sheill
April 15th - 13:00 | Barzan
Marlyn J. Jones
N/A
Rebecca Napier-Moore
Kristiina KangaspuntaAnne GallagherJoy Ngozi Ezeilo
20
This session, chaired by Rebecca Napier-Moore, editor of the Anti-Trafficking Review, focused on the April 2015 issue of the peer reviewed journal entitled the Anti-Trafficking Review launched in 2012 by the Global Alliance against Trafficking in Women (GAATW). The session, entitled 15 Years of the UN Trafficking Protocol, draws on the international development framework marking the anniversary of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children and is contextualized within the new framework being developed to address the UN Post 2015 Sustainable Development Goals. The session discussed the April 2015 journal process, content and aims to raise the quality of research on trafficking. Oriented towards the academics and practitioner community, the session highlighted the work and entries of three authors, questioned the notion of “progress”, identified problematic issues, and addressed where rights are successfully prioritized. Highlighting works to be done to address the conditions of people being trafficked, including the lack of a baseline, the presenters offered critique and support of the protocol, and discussed protocol negotiations, the intersectionality of labor and sexual exploitation and the need for definitional clarification of issues. A primary critique concerned the exclusion of men who are trafficked in service provision and identification.
Anne Gallagher, journal author, offered congratulations for the development of a framework for scholarship on TIP. Reflecting on the process, she highlighted nine main points, including the protocol’s focus on easy targets and the criminal justice response to human rights protections. Although enforcement is weak, the protocol is important because its absence would represent a step backward. There are weaknesses, such as the need for a clear definition, but the protocol provides a template. While there is a correlation at the state and international levels, there are some obstacles including the unintended consequences of human rights protections and weak implementation. Overall the instrument is strong, and has resulted in myriad outcomes such as UNODC programming, works on the frontline and United States annual Trafficking in Persons Report. She cautions against starting over the process to fix the challenges. Addressing challenges related to prostitution as a trafficking issue, she highlights way in which states “package” issues while real exploitations are left unattended.
Kristina Kanagaspunta, head of the UNODC Global Report on Trafficking in Persons, asserts that while there is still need for training, the protocol changed the situation creating positive outcomes over the last 15 years. Domestically there are good legislation, but conviction rates remain low. Yet women are more likely to be convicted and punished. Nonetheless, the Protocol makes a valuable contribution to help address criminalization concerns. Importantly, the perception that conviction and prosecution do not reflect occurrences and victimization, is impacted by the hidden nature of TIP, making it impossible to prosecute perpetrators. Furthermore, the need for victim’s self-identification makes them vulnerable to further victimization from the criminal justice system. Moreover, sexual exploitation has dominated the discussion to the detriment of forced labor. She asserts that there are some successes that became evident during the process of collecting data for the Global Report on Trafficking in Person, hence, the Protocol represents a significant advance yet more work needs to be done.
Joy Ezeilo, former UN Special Rapporteur for Trafficking in Person, expressed her excitement at being able to contribute to the discussion. She suggests that while the Protocol is not a panacea, it has had important benefits, especially in the area of rule of law and a strengthening of the post CRC discussion on standard setting. She notes that since the 2000 Convention several instruments have been implemented, yet many persons are excluded from protection. A global movement has helped to strengthen protections, nonetheless there is need for setting evaluative standards, and ratification may raise accountability.
Best practices at international borders: addressing smuggling, irregular migration and human trafficking.
Kate Sheill
April 14th - 15:00 | Auditorium 1
Nora Aly Shams and Ian Chapo
Rebecca Napier-Moore
Anne GallagherCarolina HernándezMarika McAdam
20
The speakers in this discussion explore strategies to promote better practices at international borders. They highlight problems with migration policies that violate human rights, criminalizing and stigmatizing migrants. They recognize states' right to exercise jurisdiction at their international borders, and affirm states' commitments to uphold human rights. Experts explain the complexity of migrant categories that ultimately determine the de facto protection migrants receive at international borders. They offer UN Recommended Principles and Guidelines on Human Rights at International Borders that detail human rights of all migrants regardless of their migrant status.
To Protect and Serve: Policing Marginalized Populations and Criminalized Women
Jaime Todd-Gher
April 16th - 15:00 | Room 105
Giselle Armendariz
Jaki Mbogo Mbogo
Farah Diaz-TelloJaime Todd-GherDolphine Anubi
28
The panel meeting addressed the issues that many drug using pregnant women face. The panel discussed the barriers these pregnant women face when interacting with the police, the justice system and with hospital workers. Diaz-Tello proposed that bilateral training should be done for both hospital workers and law enforcement officers in order to assure that they know when to get involved and when not to. There was an overarching agreement that there should be protection and laws for the mother and not just the fetus. Diaz-Tello also gave examples of how in the USA neonaticide is often penalized like homicide. Diaz-Tell advocates the differences in such homicides and proposes that the penalties should be very different. Overall, it was clearly understood that there was much work to be done in terms of pregnant women who are drug users and the stigma put on them from law enforcement.
Calling Time on Counterproductive Criminalization: Exploring Alternatives to the Criminalization of Sex Work and HIV Transmission
Jaime Todd-Gher
April 15th - 15:00 | Room 102
Ian Chapo & Nora Shams
Julia Lukomnik
Professor Nick CroftsCatherine MurphyKate SheillDolphine Anubi
30
Experts discuss the conflict between goals of public health initiatives and police force goals when addressing sex work. Legal policy tends to criminalize sex work, causing sex workers to feel unsafe approaching law enforcement for aid related to rape and the transfer of HIV. As a result, laws criminalizing the transmission of HIV and sex work increase the spread of HIV and danger for sex workers. As a result, decriminalizing sex work can reduce HIV transmission and protect human rights through a reduction of police abuse. Extensive scientific research of HIV criminalization policies from around the world has documented these phenomena, and the presenters discussed alternatives to punitive actions by police forces.
Tackling crime without the death penalty
Chiara Sangiorgio
April 14th - 15:00 | Room 104
Giselle Armendariz
Chiara Sangiorgio
Parvais JabbarOliver Robertson
30
This presentation included three different speakers who spoke on the topic of the death penalty and alternatives. The presenters offered their professional insight on the human rights dimensions of the death penalty followed by a discussion with attendees including the issues of deterrence and rights of people sentenced to the death penalty and the implications thereof.
Some controversial topics that were addressed included Countries using the death penalty as a "quick fix" to crime. Countries using the death penalty for political gain, the use of the death penalty for drug offenses and alternative forms of punishment that do not include the death penalty.
Other topics included adding humanity back to the offender, the best way to cause less damage and harm and still achieve a form of justice not just for the offender but for the victim as well.
Overall, this presentation was very insightful and informative to hear the opinions of attendees from different nationalities all engaging about such a controversial topic in a very educated and professional manner.
Challenges of Less-Lethal Weapons and Restraint Technologies for Law Enforcement
Oliver Sprague
April 13th - 10:30 | Auditorium 1
Nora Aly Shams and Ian Chapo
Oliver Sprague
Christof HeynsNeil Corney
14
Experts explain challenges for law enforcement agencies with the development of new technology and weaponry. They discuss problems with the widespread use of chemical irritant, kinetic impact, and electric shock technologies. Distinctions in "less lethal" and "non-lethal" alternatives to traditional firearms highlight the necessity for better and more specific guidelines and controls for these items that are in accordance with human rights laws. Enforcement operations that include well trained and responsible use of "less lethal" weaponry can provide beneficial outcomes for traditional policing. The international market for weapons poses challenges, misleading "less lethal" alternatives can result in potentially fatal or life threatening events. Weak or non existent controls over the proliferation and trade in these technologies is a major challenge and new standards are necessary to better regulate and control the trade in less lethal weapons. Some items which have no other practical purpose than to torture or inflict unnecessary pain should be prohibited, all other items must be subject to adequate export control regulations. To better uphold human rights laws and protect life, experts stipulate that all less-lethal weaponry must undergo a rigorous "testing and selection" process before they are deployed operationally and that new international standards must be developed for each and every device type which manufacturers must be required to meet. Additionally training practices should reflect more realistic environments.
Reducing Deliberate Acid and Kerosene Attacks on Young Women and Girls in the Indian Subcontinent and Elsewhere
Dr. Mangai Natarajan
April 14th - 17:00 | Room 102
Marlyn J. Jones, Shilpita Sen
NA
Prof. Mangai Mangai Natarajan
Dr. Prasanna GettuDr. Shobha ChamaniaDR. VIBHA HETUFaika KabirDr. John Dussich
10
This session takes a holistic, multidisciplinary and integrated approaching to describe and propose mechanisms to reduce and eliminate deliberate acid and kerosene attacks on young women and girls. The presentation began with an overview by Dr. Mangai Natarajan, who contextualized kerosene and acid attacks as a fundamental violation of human rights. Although a pervasive problem on the Indian subcontinent, it is also present in other countries.
Drawing on a broad range of literature, this panel highlights the extent and consequences of, as well as emphasized work being done to prevent and reduce this form of victimization which is grossly under reported. Better data is required, nonetheless, the research supporting this presentation explored practical measures to eliminate the problems, examined the role of different institutions in reducing violence against women, highlighted the lack of medical and other treatments, establish mechanisms to improve care and after care for women, and recommended mechanisms to hold the perpetrators accountable.
Ms.Faika Kabir discussing acid attacks on women and girls in Bangladesh discussed a range of reasons used to justify these human rights violations. Despite more recent reduction in its occurrence, incidents continue with devastating consequences for the victims. Bangladesh implemented legislation, including capital punishment and introduced mechanisms to provide assistance to survivors. However, the effectiveness of these laws in stopping these attacks needs to be evaluated.
Dr. Natarajan, examines the problem through a criminological lens and draws on public health and domestic violence literature to examine prevention and practical measures to eliminate kerosene and acid attack types of violence against women. She reported on findings from a recently concluded study showing the severity of this deliberate form of victimization. The presentation emphasized the importance of incorporating both public health and crime prevention framework as well as target change agent at both primary, secondary and tertiary prevention stages. Additionally, she identified several mechanisms and practical solutions to the problems, including implementation of target hardening initiatives to reduce or prevent the problem. She also emphasized the importance of developing partnerships to address the problem.
Dr. Chamania, a medical practitioner, notes that the prevalence of this form of victimization cannot be ascertained because of social and cultural problems. Nonetheless, there are significant medical consequences of this form of violence against women.
Dr. Prasanna Gettu, focused on ways in which NGOs have helped to reduce victimization. While advances in medical care increased survival and allows patients to survive and return to the community, the survivors need physical and psychological support. The NGO uses a four phase rehabilitation model to provide comprehensive care to help address victim’s human rights and dignity. The NGO, created to supplement hospital work, develop programs to address challenges such as the patient’s mindset, tendency to protect the perpetrator, lack of support by family and community tolerance of the victimization.
Dr. Vibha Hetu, Victimologist, examined legal provisions for ensuring justice to victims. She highlighted the importance of implementing punishment for practitioners who neglect to effectively address victims’ needs. She reiterated the importance role that for ministries and government institutions, specifically the court, can play in restricting sale of acid. Responses such as implementation of the Criminal Injuries Compensation Act, has helped, but it is also important to help victims cope post victimization as well as to effect additional legal changes and amend policies that create an enabling environment.
Dr. John Dussich, notes that despite the existence of principles and guidelines in international human rights law, international humanitarian law, and the adoption of instruments to protect women and girls, femicide, a culturally acceptable form of victimization and death of women, continues. Interruption of this practice requires examining culturally endorsed social, structural, physical, psychological, or temporal practices. Additionally, the eight principles of victimization can be utilized to effect changes.
This panel brought together experts from different regions to discuss some of the key global developments and challenges in prisons including alternatives to imprisonment, corrections in peace-keeping operations and drug policies – in light of the UN General Assembly Special Session on Drugs (UNGASS) in 2016. Penal Reform International’s new publication ‘Global Prison Trends’ was launched, and served as a basis of discussion. It has been acknowledged that regular monitoring of crime trends and the operations of criminal justice systems is key to measuring progress in strengthening the rule of law and advancing towards sustainable development.
Enrico Bisogno, UNODC research and trend analysis branch, gave a presentation on global trends in crime and criminal justice. When talking about global trends in the past 10 years, property crime decreased, to a lesser extent, violent crime also decreased and drug-related crime is on the increase, especially for use/possession. Despite the fact that the global homicide rates have decreased for the past 10 years, in low development countries the rate has actually increased. The prison population rate has remained stable, registering an increase in South America and Western Asia, and a decrease in North America and Eastern Europe. The global juvenile prison population rate has registered a slight decrease in the past 10 years, while in Africa and in America it has increased. As a conclusion, patterns of homicide, bribery, flows of illicit trafficking, but also levels of access to justice suggest that weaker rule of law is associated with lower levels of economic development.
Allison Hannah, Executive Director of Penal Reform International, presented the report “Global Prison Trends 2015". This report is intended to be the first of an annual series of reports designed to describe key global trends in the use and practice of imprisonment and to identify some of the pressing challenges facing states that wish to organize their penitentiary system in accordance with international norms
and standards. The report comprises seven main parts, a special feature and a series of conclusions and recommendations. Part one looks briefly at what is known about crime rates and their relationship with the use of prison. Part two addresses trends in imprisonment and part three looks at recent changes in the extent and nature of prison populations around the world. Part four discusses questions about the organisation and management of prisons: who is responsible for them, who works in them, the challenges they face and how and what systems are in place for monitoring and inspection. Part five looks at regimes in prison and Part six at the opportunities and challenges created by new technology. Part seven looks at the use of alternatives to imprisonment, and is followed by conclusions and recommendations. A special feature of this first edition puts in focus penal policies with regard to drugs and prison. Significant international developments, recent research projects and precedent-setting court decisions are highlighted throughout. The report includes information and examples from various countries and regions. These are not intended to be comprehensive or exhaustive but rather to illustrate the trends and challenges in a large number of states.
Markku Heiskanen, European Institute for Crime Prevention and Control, affiliated with the United Nations, talked about probation statistics in Europe. There were large differences between the countries in the total number of persons under the supervision of probation agencies in 2010. The rates per 100 000 population ranged from 10 in Croatia to 944 in Poland, reflecting the development of supervision in many countries as well as different definitions of the concept. The mean rate of minors under the control or supervision of probation agencies was 30 per 100 000 total population, with a maximum rate of 124 in Poland and a minimum of 0.4 for Belgium. Most often used community sanctions and measures were: Supervision of suspended custodial sentence (43% of total), Probation as a sanction of its own right (35%), Supervision before a final sentence (28%), Supervision after conditional release from prison (17%).
Christer Isaksson, head of the Office for International Affairs Swedish and Probation Service talked about deploying correction staff in peace keeping operations of the UN. Corrections and peacekeeping was fairly new – in Sweden it has been happening since 2005, and currently there were around 300-350 people in missions. About 25 countries worldwide contributed to peace keeping operations but very few European countries. Only in post-conflict areas, corrections officers go with the role of mentoring and advising the national colleagues, most of what they do consisted of training. Sweden had an executive mandate in South Sudan – help the locals to handle their problems, reverting the use of force. In the past Sweden has had missions in: Kosovo, Haiti, Iraq and presently only in Africa – Ivory Coast, Liberia, Congo, Somalia (want more people to send there), and Kurdistan and were looking to send in the future to Mali, Ukraine, Libya. The challenges: sometimes UN leave too early; Gender – not 50% women, except Sweden and Rwuanda, overcrowding of prisons and very few staff. In some countries the problem was what to do with the army of the loosing side of the conflict. The judicial process was not working – no judges, no prosecutors, no cars, etc.
The audience and the speakers had a discussion on solitary confinement. Peter van der Sande, President of ICPA, mentioned that as it resulted at the ICPA Annual General Meeting in Colorado, solitary confinement was an issue in USA but not so much in other parts of the world.
Allison Hannah considered prolonged isolation to be extremely damaging for mental health and was more a problem than a solution. 15 days should be the longest period.
Gender-sensitive monitoring and oversight of prison systems
Olivia Rope
April 14th - 15:00 | Auditorium 2
Emma Trottier
Bridget Spencer; Michael Walne; Eva Pacios Santamaria; Silvia Diez Ginestar; Abeya Aldabbagh; Noha El Sawah
Andrea Huber
Roselyn Karugonjo-SegawaSilvia Edith MartinezJames Deva NayagamJosh OunstedEva Abu-Halaweh
40
The panel outlined the gender specific needs of women in detention, such as reproductive health needs and the responsibilities women have as primary caregivers to infants and children. Discussed were the challenges in meeting the special needs of women and the improvements which could be made to raise awareness of relevant human rights and criminal justice standards, in particular the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ("the Bangkok Rules").
As a result of women’s special needs, panelists expressed the requirement for monitoring bodies to focus on and incorporate gender perspectives in their work and activities. The session provided examples of monitoring practices used to review the situations and needs of women who are detained or incarcerated, ranging from regional human rights bodies and Public Defenders’ Offices to National Human Rights Institutions (NHRIs) and internal inspection mechanisms. The session also covered the role that non-governmental organizations can play in gender-sensitive monitoring. The panelists also outlined different methods used by monitoring bodies within their work, including prison visits, research and reporting, but also enquiry into individual allegations of violations of rights and litigation by some bodies, depending on their mandates.
With respect to the Bangkok Rules, panelists noted the challenges faced by some states to incorporate these standards in their criminal justice system. To assist states in adhering to both the UN Standard Minimum Rules for the Treatment of Prisoners and the Bangkok Rules, initiatives have increased to provide guidance and trainings to prison administrations and other relevant authorities. It was noted that such initiatives have had a positive impact and led to provisions of the Bangkok Rules being implemented in prisons, in even the most challenging areas.
For further information: PRI/ APT, Women in Detention: A Guide to gender-sensitive monitoring, 2013 (available in English, Russian, Arabic, French, Spanish and Georgian)
http://www.penalreform.org/resource/women-detention-guide-gendersensitive-monitoring/
Launch of UNODC's Assessment Toolkit on Trafficking in Persons for the Purpose of Organ Removal
Silke ALBERT
April 15th - 13:00 | Auditorium 2
Cinzia Miotto and Erkut Cakmak
Silke ALBERT
Madina JarbussynovaDarlene R. PAJARITO
20
It has been a little examined crime but hundreds of cases are detected across some 20 countries. It is not easy to detect or identify victims and cases, nor is it easy to identify organs as objects of a crime.
The host, Silke Albert, presents the background of the work that has been done in the past in conjunction with crime and medical experts. This crime has been considered also in a transnational context. It is possible to track this crime in airports however, but only when there is no evidence of the removal in terms of letters and official documents.
Madina Jarbussynova contributed to the toolkit through research papers. Researchers found more than 11 pre-fixed cases. Main findings are:
1. Particularly devastating impacts on victims for trafficking of organ removals, they are typically vulnerable persons;
2. Social stigmatization that surrounds the issue;
3. Transnational nature of the issue.
The legal and judiciary experts are engaged in tasks to identify whether the crimes of trafficking were solely for the purpose of organs removal or for organs already removed.
Surrogate maternity is another related area in this field.
Darlene Pajarito spoke about organs trafficking in the Philippines (where organ donations is allowed). Consent is compulsory for organ donation, minors cannot donate and exchange is only permitted between Filipinos.
Justice Indicators and Criminal Justice Reform
Brian Tkachuk
April 15th - 10:30 | Barzan
Dahunsi Oluwafemi, Chinemerem Ikpa
Laurence Martinot; Zosia Krasodomska-Jones; Cecilia West; Louise Reynaud
Justice indicators are indirect measures of elements which are taken together to measure trends over time and progress towards specific goals and objectives. Justice indicators can be used to summarize and communicate large amounts of critical data on various aspects of the justice system. They are tools used to evaluate performance, draw attention to issues, monitor progress and evaluate the impact of interventions or reforms. Indicators together with other monitoring and evaluation mechanisms are essential to making justice institutions more transparent and accountable, they are necessary for providing valuable feedback to policy makers and reformers.
There are many reasons for wanting to measure the overall performance of a justice system, the obvious one is the need to identify areas where performance is lacking so that strategies may be devised to enhance it
Changing pre-trial detention practices : field perspectives
Bruno Langhendries
April 16th - 15:00 | Auditorium 1
Lawrence Mitchell
Bridget Spencer; Nicola Dockray; Eman AlSharkawi; Farah Al Khatib;
Bruno Langhendries
Lotfi EzzeddineEdouard MinaniVidhu Vedalankar
35
Bruno Langhendries: There is a need for better service concerning pre-trial detention. Detainees awaiting sentencing are deprived of liberty and most of the times have social, legal or economic problems outside the correctional system that results in their detention.
Edouard Minami: Pre-trial detention practices are dependent on practical observation and capacity building. In Burundi the major problem is overcrowding and pre-trial detention represents 50% of the prison population. Better pre-trial detention practices would substantially reduce the overcrowding issue (there is public pressure regarding this). Instead of completing investigations, the courts rely on police evidence and do not release individuals which results in illegal detentions. These illegal detentions are a violation of human rights and prisoners' civil rights are not protected. There is a need for tools to monitor cases to make sure they appear in court within 48 hours and that they are adjudicated within 15 days.
Lotif Ezzeddine: The government has an obligation to provide a lawyer 14 hours after detention. Lawyers and judges have the tools to combat pre-trial detention issues. Presently, 13 lawyers that have not been involved in pre-trial detention have been trained. Lawyers will be put in police stations and further efforts will be made to employ experts to see if the system is working. There is a need for reforms in criminal procedures and the experts will focus on national issues related to international procedures and will adopt these principles. Presently, they don't have open access into detention centers.
Vidhu Vedalankar: South Africa has a substantial legal aid system established by the Legal Aid Act 113. This system provides services throughout the country in most criminal law areas including lower and higher courts. The legal aid procedures look at what the person can afford for services. In the correctional system there are the traditional problems of overcrowding, gangs, sexual assaults. There is a system to notify a person about their rights including the right to bail. They have an extensive paralegal system and that provides legal aid in every court (approximately 80% of cases).
Citizen Engagement, Education and Stregthening Crime Prevention
Dr. Kimberley Garth-James
April 17th - 15:00 | Room 104
Kelvin Rodriguez and Chinemerem Ikpa
Dr. Garth-James
Margery Coulson-ClarkKevin Brown
16
Public Engagements Education and Strengthening Crime prevention.
By Dr. Kimberley Garth-James
Speakers: Margery Coulson-Clark, Kelvin Brown.
The public have to assist the government to identify and bring to their knowledge the condition of the society requiring immediate attention and response, in order to remedy situations that might constitute a problem to our society if neglected.
Citizenship engagement adds value to the community and to environmental rehabilitation. Reinforcement needs an integration of many entities both at local and international levels to be established. These will contribute to the reintegration of offenders who have been released from prison into the community in order to be productive in society and avoid environmental stigmatization.
"Reinforcement is quite expensive therefore the community should learn to work on the individuals in their early stage of life” via activities like: Restorative Justice, Education, community engagements and participation, volunteering and Job opportunities.
Prevention Measures Against Domestic Violence
This session presented findings from a comparative study between Egypt and Lebanon. The research discussed domestic violence. The team that presented the session were researchers. The study that was conducted had more than 300 people; both men and women. Domestic violence in Egypt was found to be more accepted than in Lebanon. In Egypt, domestic violence happens in the name of religion. In Lebanon, there are laws that enhance domestic violence. For example, a child born of a Lebanese father is Lebanese but a child born of a Lebanese mother is not Lebanese. Also women are punished more harshly than men, even for the same crime. Marital rape is not considered a crime in Lebanon. There is a law that forces women to marry a man who has raped her. As a result, women who have been raped don't tell the authorities because they would not want to be forced to marry the man who raped them. Another law that oppresses women pertains to the custody of children. Men always have custody of the children regardless of the case. Women do not seek legal advise because they know they will not be helped. Lebanon still lacks efficient interpretation of laws.
Domestic violence was described as any sort of physical, mental or psychological harm that goes on in someone's home. Examples of domestic violence were: marital domestic violence, sexual abuse, child abuse, psychological domestic violence and economical domestic violence. Psychological violence is very critical because it cannot be seen. Any family member can be a victim of domestic violence but it's normally women. Domestic violence was also described as violence from a husband on his wife. Domestic violence is an international issue. It was noted too that extreme domestic violence causes mental disorders. There was specific focus on the Arab world where acknowledgement of this issue is still a problem.
Domestic violence affects women psychologically. Women as well as children need to be reassured they have access to legal services. Women were encouraged to talk about domestic violence. In addition, reasons were needed as to why women keep quiet. Some of the reasons women accepted domestic violence were: fear of being forsaken by family and society, religious and cultural obligations and negative effects on their children.
Sexual harassment was also identified as a critical form of sexual abuse. Sexual harassment is any kind of harm that involves forced sexual activity. It is difficult for people to talk about this especially women who fear that they will be judged. There are social organisations that protect women and take preventive measures against domestic violence but they are few. One of the preventive measures against domestic violence that was identified is to educate people in the Arab world, especially the children, so they are taught at an early age about the negative effects of domestic violence. Also, websites to receive complaints from women would be a good measure. Measures were also being taken to provide protection for women and to provide psychological assistance, plus rehabilitation, to women who have been violated. Since the violence inflicted on women has a direct effect on their children, services were provided to children who have also been subjects to violence.
Men were called upon to be part of the awareness. Even though men by nature are more dominating than women, they were cautioned to be gentle with the women. Governments and several associations need to be part of the effort too. The speakers advised that even though we are proud of our culture and identity, we should not do things that involve domestic violence.
Lastly, efforts to stop domestic violence were appreciated but it was made clear that there was still a long way to go in order to achieve the goals against domestic violence.
Different approaches to address criminality due to substance use/abuse
The meeting addressed the link between criminality and substance abuse and/or use; governments and Other institutions approaches for prevention in several Arab countries. Suggestions for improving these measures and proposing suggestions and ways to be including in the system of education.
In her presentation "Drugs and Crime: Causes, Myths, Solutions" Denise Tomasini-Joshi looked at the consequences of prohibition and it showed that the war on drugs has failed. As solutions proposed were Law Enforcement Initiatives and Harm Reduction Programs - how can police, sex workers and people who use drugs are joining forces to improve health and human rights. Another solution is decriminalizing drug possession and investing in treatment and harm reduction services as it can provide major benefits for public safety, such as: reducing the number of people arrested; reducing the number of people incarcerated; reducing criminal justice costs and redirecting resources from criminal justice to health systems; redirecting law enforcement resources to prevent serious and violent crime; diminishing unjust racial disparities in drug law enforcement and sentencing, incarceration and related health characteristics and outcomes; improving relations between law enforcement and the community and protecting people from the wide-ranging and debilitating consequences of a criminal conviction. Decriminalization is supported by organisations such as: World Health Organisation, American Public Health Association, Organisation of American States, National Latino Congreso, International Federation of Red Cross and Red Crescent Societies, Global Commission on Drug Policy. Moreover the case of Portugal which decriminalized drug use proves that it does not cause increase in drug use but evidence indicates reductions in problematic use, drug-related harms and criminal justice overcrowding.
Mr Wael Mahmoud Mostafa presented experiment studies realised in Egypt on a number of drug users. The overall conclusion of was that the problem was not the substance use itself but the problems that led to substance use.
Responding to a question from the audience about the downside of decriminalization, Denise said it was too soon to tell but all results were positive until the moment and there was no resemblance to the effects of prohibition.
There needs to be a comprehensive and holistic approach to drugs - from the psychological aspects of drug use to the role and attitude of the police.
Transnational Crimes and Justice
JANICE JOSEPH
April 14th - 15:00 | Room 105
Kelvin Rodriguez, Zoe Bertrand
Janice Joseph
Jay AlbaneseMahesh NallaBarbara OwenChontit Chuenurah Rosemary Barberet
27
The session began with the moderator, Dr. Janice Joseph, providing a brief overview of the Academy of Criminal Justice Sciences (ACJS). She stated that ACJS is an international organization which was established in 1963 and has approximately 2,800 members, representing every state in the United States and several other countries. She emphasized the fact that the organization has consultative status with UN since 1982. She also called attention to ACJS materials in the room and at strategic places throughout the Congress venue. After this, she then introduced the speakers for the workshop: Dr. Jay Albanese, Dr. Mahesh K. Nalla, Dr. Barbara Owen and Ms. Chontit Chuenrah, and Dr. Rosemary Barberet.
Dr. Albanese focused on the question of whether government interventions have any impact on crime rates across countries. He detailed government investments in crime control, interventions in the lives of citizens and the impact on public safety. It is possible that there were some unmeasured factors at play which influenced the results such as formal contacts, prosecution and detection rates, Police per capita, conviction rate, and crime rate. The research led to the conclusion that government investment in crime control and interventions in the lives of citizens have measurable impacts on crime rate and homicide rates across 40 countries. The impact of other social, political and economic factors were also examined to assess their independent impact on homicide and crime rates.
Dr. Mahesh K. Nalla switched the focus to his research on the legitimacy and trust in private police (security guards), with a purpose to answer whether or not citizen confidence in private security guards vary in countries that vary in democracy rankings. He discussed his methods, measurements and survey construction and concluded with his findings which revealed that compared to the respondents of full (developed and mature) democracies, those of the other categories of democracy systems are likely to hold a higher level of trust in security guards.
Dr. Barbara Owen and Ms. Chontit Chuenrah described their work in profiling women in prison with a human rights emphasis. Their work stems from the research requirements of the Bangkok Rules, UN "soft law" that provides a structure for improving conditions in women's prisons. The presentation reviewed findings from major international reports, including that compiled by International Center for Prisons Studies and Penal Reform International. The presentation then turned to a discussion of work conducted by Dr. Owen and Ms. Chuenrah in Thai women's prisons and that planned for the Philippine prison and jail systems. Challenges related to this data collection include: access and collaboration, instrument development, sampling, translation, gaining trust and rapport, local arrangements and sensitive questions. The presentation concluded with a discussion of the limits of survey methodology and the promise of mixed methods, including supplemental focus interviews and collecting additional administrative data.
Dr. Rosemary Barberet discussed victims of terrorism associations formed in the aftermath of 9/11 in NYC and the Madrid train bombings. She compared and contrasted the responses to these attacks, finding several differences between the two. Then she did the same with the associations dedicated to the recovery process for victims of the attack. Many were interested in her process to analyze data using cached archive webpages located through the Wayback Machine. Her research results allowed her to conclude that these associations may very well have developed skills to prevent or respond to future mass tragedies and help the formation of successive groups, also that associations in Spain are heavily dependent on state subsidy and thus seek to be declared “an association of public utility”, as well as several other results.
CLARIFYING THE DEFINITION OF TRAFFICKING IN PERSONS
Katharina Peschke
April 14th - 13:00 | Auditorium 3
Basharet Sher
Ilias Chatzis
Maria Grazia Giammarinaro (UN Special Rapporteur on trafficking in persons, especially in women and children)Mohamed Y. Mattar (Adjunct Professor of Law at American University Washington College of Law)Anne T. Gallagher (UNODC lead consultant for the three issue papers examining concepts within the definition of trafficking)Bernardo Stadelmann
40
The “session clarifying the definition of trafficking in persons” was an informative debate all about the concerns of human trafficking and the anti trafficking laws adopted by different countries to reduce the success of human trafficking, the different reasons for trafficking, the investigating procedures and laps in investigation, the labours trafficking and its significances and impacts, lack of knowledge about human trafficking by penalties implementing peoples (judges, prosecutors) & procedures needed to implement their awareness.
In this session we had four speakers,
1) The speakers of the session was Chief of the Human Trafficking and Migrant Smuggling Section, UNODC Mr. Ilias Chatzis,
2) UN Special Rapporteur on trafficking in persons, especially in women and children Dr. Maria Grazia Giammarinaro.
3) Adjunct Professor of Law at American University Washington College of Law and the Executive Director of the Protection Project. Dr. Mattar’s professional expertise is in comparative and international law, especially international human rights law.
4) Anne T. Gallagher AO is a lawyer, practitioner, teacher and scholar working in the areas of trafficking, migration and migrant smuggling.
The session was chaired by Mr. Ilias Chatzis, who welcomed the head of the Swiss delegation to the crime congress, Mr. Bernardo Stadelmann to share his views & experience also. The main points which were raised by Mr. Ilias Chatzis for discussion were mentioned below.
• The human trafficking protocol is almost universal endorsed and most countries have also dedicated anti-human trafficking laws. Yet the number of successful prosecutions against human trafficking remains low?
• When considering human trafficking, we often tend to think of cases where hard means of control are used over the victims (physical violence, controlled movement, imprisonment etc)?
• One of the usual lines of defense by human traffickers is to claim that the victim has consented to the abuse. In your practical experience, can constant be relevant in trafficking cases and in what ways? Or is it always irrelevant?
From Law to Practice: Implementing Criminal Justice Standards
Marina Ilminska
April 15th - 15:00 | Auditorium 2
Kelvin Rodriguez
Martin Schoenteich
Commissioner Med KaggwaProfessor Malcolm Evans - Chair of the UN Sub Committee for the Prevention of TortureJago Russell - Executive Director Fair TrialsFlorence Jaoko – APCOF Board, University of Nairobi and former Chair of the Kenya National Commission on Human Rights CommissionJavier Carrasco, Executive Director Instituto de Justicia Procesal Penal, Mexico
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Regional and global standards have the potential to guide and transform criminal justice systems and provide tools for day-to-day use by front-line professionals. Yet too often, following an intense drafting process, energies dissipate and standards end up hidden away and forgotten.
The session began with a discussion on how to take international standards and make them real. It was highlighted there is a major difference between what these standards say and what they are in reality. “It is far more difficult to understand what is going on within the system, to understand and explain, than to understand why they are not happening”. The approach is to go beyond an understanding of what the standards are and what they ought to deliver, but to compliment them by trying to understand why they are not in a particular place or within this legal system.
Moving on to pretrial guidelines in Africa, it was heavily discussed whether more guidelines would be the solution to the problems but after various discussions it was agreed that guidelines were still necessary for monitoring the conditions of pretrial detainees.
The session discussed the ten steps necessary to put the standards into practice including dissemination and awareness, domestication, parliamentary oversight, and litigation. These steps towards implementation begin with the development of the standards by first identifying their purpose, context and content.
Cross-Border Crime and Human Rights: The Challenge for INTERPOL
Alex Mik
April 15th - 17:00 | Auditorium 2
Erkut Cakmak, Zoe Bertrand
Jago Russell
Tomasz Kodrzycki Mitre Georgiev Bill BrowderMichel Forst
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The session focuses on the cross-border cooperation and strengthening respect for human rights. Opening remarks concluded that the challenge for INTERPOL would be the violation of human rights; therefore, strengthening respect for human rights would strengthen INTERPOL. The highlight was on the abuse of powers by the states in INTERPOL’s structure. The example given was Russia appealing for a red notice even though INTERPOL rejected the request because it was considered politically motivated.
Mitre Georgiev made a presentation about conflicts of extradition and asylum law. Georgiev gave brief information about the term “refugee” and mentioned that refugees are not exempt from application of criminal or extradition law. Georgiev also made references from Universal Declaration of Human Rights, and the center for peace studies, mentioning the center was actively engaged in several cases of extradition of persons who were recognized refugees in Member States of the EU. National and EU courts are also emphasized in the presentation by mentioning that national courts dealing with extradition should be properly introduced to asylum and additional efforts should be made in order to ensure due application of non-refoulement. Mutual recognition of asylum is also essential to improve the rights and freedom of the seekers.
Tomasz Kodrzycki began his presentation with providing a case study example of Azer Samadov, who is a red notice bearer that is trying to lift the red notice. Kodrzycki gave brief information about Samadov and his case. He explained how he supported Samadov’s movement to lift the red notice. It is stated that INTERPOL is violating Samadov’s rights by apprehending him whenever he tries to leave the country, he cannot travel anywhere outside of Netherlands. As a lawyer, Kodrzycki is struggling with INTERPOL as well as the EU in trying to lift the red notice given that it is violating Samadov’s rights of freedom.
Lastly, Alex Mik concluded the session by making remarks on fair trials’ concerns and proposed solutions. He mentioned refugees at risk of arrest that Georgiev mentioned, and citizens that are unable to move freely, which is a notion that Kodrzycki mentioned in his presentation. Petr Silaev was Mik’s case study, who has a red notice as a result of his activities and demonstrations. Silaev was arrested in Spain by local authorities after he arrived in the country. In the notice, there was no sign of individual participation, ‘hooliganism’ offence is clearly explained in the legislation, and concerns about Khimki's case are well documented. It is alleged that INTERPOL could and should have asked more questions and conducted more thorough research. Another case study was on Bahar Kimyongur, who was a demonstrator in the European Parliament in 2000 and was arrested three times due to an INTERPOL alert. In conclusion, Mik underlined the urgency to make reforms in the INTERPOL and EU justice and human rights systems as they are contradicting with the rights of asylum seekers and red notice holders.
Children of Incarcerated Parents
Laurel Townhead
April 14th - 17:00 | Auditorium 1
Zoé Bertrand
Rachel Brett
Laurel Townhead
15
This session started with the overview of the findings of the COPING project, a transnational research project looking at the well-being and mental health of children of incarcerated parents. The research, conducted in four countries between 2010 and 2012, concluded that the parental incarceration was a negative experience for the children that can lead to isolation, anger, antisocial behaviors and stigmatization.
The research also examined ways criminal justice and educational professionals can support children to reduce the negative impact and support children's resilience. A key finding was the importance of the relationship between the incarcerated parent and the person caring for the child on the outside.
Children of incarcerated parents present vulnerabilities and their rights should be taken into account. The assessments of the best interest of the child need to be incorporated into decision-making processes which affect them. These are complex decisions and the speakers believe the Congress should recommend that UNODC, UNICEF and the Office of the High Commissioner for Human Rights jointly prepare guidance for States on how to make these assessments particularly in relation to whether a child should live in prison with their parent or carer. There is a growing body of recommendations on how to apply the international standards. States should provide data about those children, as it is one of the keys to better supporting them and protecting them. The problem of the situation of children of parents sentenced to death penalty was also raised.
There have been recent developments in the UN human rights system on the promotion and protection of the rights of children of incarcerated parents such as the adoption of The Bangkok Rules on Treatment of Women Prisoners.
For more information, visit the website: www.quno.org
Prevention of labour trafficking and exploitation of migrant workers
Anniina Jokinen
April 13th - 10:30 | Room 106
Erkut Cakmak and Cinzia Miotto
Anniina Jokinen
Liliana SorrentinoAnniina JokinenPeter Van Hauwermeiren Maria Grazia Giammarinaro
30
Opening remarks were made by Maria Grazia Giammarinaro, the UN Special Rapporteur on trafficking in persons, especially women and children. Giammarinaro emphasized the fact that abusive or criminal practices show there is a lack of control in the state. Therefore, states are responsible for taking primary action against criminal acts such as trafficking and exploitation of migrant workers. Giammarino also underlined the importance of freedom of association of workers, which would contribute to making exploitation more visible and more likely to be denounced and reported by workers themselves.
Anniina Jokinen, the host of the session, introduced the ADSTRINGO Project which provided research findings from Estonia, Finland, Lithania, and Sweden, on trafficking in human beings for labor exploitation through improved partnerships, enhanced diagnostics and intensified organizational approaches. The research concluded the forms of exploitation that migrant workers face are largely the same in the Baltic Sea Region and in Europe. Such exploitation practices are most often encountered in agriculture, construction, food industry, and service sectors. There is also a desperate need for public discussion about what are considered acceptable terms and standards of employment and services, and how migrant workers are regarded and treated in the labour market.
Liliana Sorrentino, an independent expert, presented the guidelines to prevent abusive recruitment, exploitative employment and trafficking of migrant workers in the Baltic Sea Region. The guidelines for states included: (1) regulation of labour providers to provide transparent and clear rules and laws, and no recruitment fees charged to workers, (2) monitoring and enforcement of the labour providers through targeted, systematic, and thorough field inspections, (3) greater sanctions on fraudulent recruitment, withholding of IDs, and systematic violations of core labour standards, (4) establishing ethical public procurement, excluding abnormally low bids for example, (5) maintaining transparent and accountable supply chains, e.g. strong rules on joint and several liability, and (6) establishing a regulatory oversight over audit firms. The study also provided some guidelines for businesses that included: ensuring due diligence to prevent exploitation, self-regulation on ethical recruitment and employment, and self-regulation to prevent exploitation in labour supply chains. It is concluded that joining efforts and cooperating is essential. Such cooperation and coordination could be established by having: bilateral labour protection agreements, connecting trade unions and NGOs across borders, improving cooperation mechanisms for exchange of information and for notification on employers’ sanctions, and cross-border cooperation among employers’ associations, private employment agencies, and businesses.
Peter Van Hauwermeiren, Ministry of Social Security – Directorate Social Inspectorate, Belgium, gave a speech on prevention of labour trafficking and the role of labour inspectors. Van Hauwermeiren also mentioned that Belgium is also taking preliminary action against labour trafficking by following the international and national guidelines that are established to prevent trafficking. He mentioned that the fight against trafficking should be victim-oriented, and it is also essential to have a strong prosecution against these criminal acts. In addition, transparent and solid oversight and inspection is a key factor in the fight against trafficking.
Global Study on Children Deprived of Liberty
Anna D. Tomasi
April 13th - 10:30 | Auditorium 2
Zoe Bertrand
Anna D. Tomasi
Benoit Van KeirsbilckAlexandra MartinsMichael Bochenek
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The session started with introductory remarks by the moderator, Ms Anne-Li Ferguson. The near-universal condemnation, prohibition and even criminalization of torture have not yet led to its universal abolition. Torture and other forms of ill-treatment persist in most countries. This calls for identifying efficient and practicable safeguards against torture, which is the key aim of the panel discussion.
The first speaker, Dr Yuval Ginbar, provided an overview of the safeguards against torture in international law and standards. He demystified the common views of torture as mostly involving terrorists and sophisticated methods whereas in the overwhelming majority of cases torture victims are poor and marginalised people, and methods constitute mostly beating and kicking. He presented examples for safeguards against torture, including ensuring detainees’ safety during the crucial first period following arrest and during police questioning, access to lawyers, courts and family, independent visits to places of detention, measures to combat torture outside of prisons and a well-trained, well-equipped and well-paid police force.
The second speaker, Ms Eva Abu Halaweh, analysed attitudes toward torture in the Middle East and provided ideas on how to counter pro-torture arguments. She said that activists in the Middle East brought forth arguments such as that forcing confessions would mean that criminals will walk free, and that respecting human rights would lead to greater security for all. Criminalising torture will help counter beliefs among police that ‘criminals deserve to be tortured’ as by torturing they would then become criminals themselves. Ms Abu Halaweh pointed out the important role of prosecutors and judges in combatting torture.
The third speaker, Professor Malcolm Evans, provided insights from visits to places of detention. He pointed out the need for more states to join the Optional Protocol to the Convention against Torture. Under the Protocol, the UN Sub-Committee for the Prevention of Torture visits prisons and engages in dialogue with the state party, and a National Preventive Mechanism is always on the ground to visit prisons and provide recommendations. Prof. Evans emphasised the importance of a practical, engaging, solution-oriented approach by visiting mechanisms.
Finally, Ms Natalia Ollus described gender based initiatives to combat violence against women in Europe. The Multi-Agency Risk Assessment Conference (MARAC) model streamlines the work of the various agencies supporting victims into a one-stop shop. An independent National Rapporteur on trafficking monitors implementation of anti-trafficking laws, issues recommendations and guidelines and provides legal counselling to victims. An model of dealing with women prisoners recognises the specific needs of women as well as a woman’s position as a victim, perpetrator or witness of violence, and at times all three. Ms Ollus pointed out the need for good practices and expertise in tackling violence against women.
During the discussion that followed, members of the audience raised issues and spoke about experiences in combatting torture in general and violence against women and children in particular from a variety of countries.
Surveillance: Ethical Issues and Legal Limitations
Mikael Johansson
April 13th - 10:30 | Auditorium 3
Kelvin Rodriguez
Rolf Ring
Tom Sorell Katerina HadjimatheouCéline Cocq
20
Tom Sorell and Mikael Johansson were unable to attend this seminar. The speakers began with descriptions of scenarios they used to research the efficiency, ethics and legal requirements behind surveillance. The three scenarios covered different levels of crime in which surveillance is used as a tool to deter crime as well as aid in the prosecution of crimes. These scenarios included “Urban/regular crime”, “Counter-terrorism/NSA surveillance” and “organized crime” including gangs and drug importation. The research revealed that the more serious the crime, the more intrusive the surveillance became. It was also better justified, but the question of what makes a crime serious was highlighted here. Seriousness was measured by both direct and indirect effects. Various methods of surveillance were discussed such as CCTV, ANPR, mobile phone location-tracking and crime reporting portals. The end discussion led to concerns about violations of national and international norms.
Outcomes of the World Congress on Juvenile Justice
Fabrice Crégut
April 15th - 17:00 | Auditorium 1
Adrian Strong
Cecilia West; Zosia Krasodomska-Jones; Louise Reynaud; Laurence Martinot
Fabrice Crégut
Avril CalderCristina GoñiMarie Wernham
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Barbara Fontana - Swiss Permanent Missions to UN – began the session by applauding the Final Declaration of 2015 World Congress on Juvenile Justice held in Geneva between 26 to 30 Jan 2015. Juvenile justice applies not just to child offenders but also child victims and witnesses. The World Congress fosters the exchange of best practice in judicial proceedings and reintegration of children after contact with the criminal justice system. An educational approach is the best and most sustainable way of preventing children coming into contact with the justice system, diverting juveniles away from the criminal justice system and reintegrating them afterwards so that they make a meaningful contribution for future generations.
Avril Calder drew the conclusions from the plenary session of the World Congress. International instruments are central to reform but there are three main conclusions of the Congress: 1. Specialized juvenile justice systems with specialized and professionalized staff; 2. The significance of the family and society in restorative and rehabilitative justice, and; 3. Diversion of juveniles from the criminal justice system. Criminal justice systems must be more than specialized in name only – many justice systems are repressive and very few rehabilitative. The criminal justice system includes the police, prosecutors, lawyers, social workers and probation officers. The requirement for specialized police for juvenile justice has been a message since the 2nd UN Crime Congress in 1960, yet it is still an issue. Home, friends, school and community are key elements that protect children from criminal risk factors and improve outcomes in terms of recidivism and rehabilitation. The New Zealand system was given as an example of a family and community based approach that is still supervised by the courts and involves the victim but results in only 26% of Youth Court appearances leading to a formal court order and only in 10 cases in 2013 where juveniles imprisoned. The family is the best place for delivering enduring interventions. It is also not an expensive solution. The UN CRC requires that wherever appropriate young offenders are dealt with without resorting to court proceedings. A policy of zero tolerance is incompatible with rehabilitative and restorative justice. Judge Calder gave examples from France, Netherlands and Norway. The common features of these systems is that they are provided a flexible and tailored response, take a restorative approach and the prosecution and protection services work together. Multiple stakeholders are required to reintegrate a child and it is beyond the means of the state to do it alone; society is a source of innovation and the media needs to be brought on board to promote restorative justice. Cristina Goni spoke about the history and work of the International Juvenile Justice Observatory (IDDO). She stressed the importance of World Congress on Juvenile Justice to global juvenile justice reform by bringing together activists and juvenile rights defenders from a large number of countries across five continents. She outlined the main juvenile and children's rights developments globally, as well as what the IDDO considered the main milestones, issues and policy developments should be for the international community. These include: better training for police to work within a multi-disciplinary team when dealing with juvenile offenders; access to justice for children ranging from the provision of legal aid to enabling trafficked children and others normally excluded from access to restitution; measures to protect juveniles in situations of conflict and terrorism and protecting children from radicalization. Another key policy reform needed is to extend the definition of juveniles from 18 years of age to include young people up to their early 20s. Marie Wernham's presentation on the synthesis of working groups at the World Congress on Juvenile Justice was played. It can be viewed at: https://www.youtube.com/watch?v=COV1iFct0c8
Guiding Principles in Drafting Legal Aid Laws
Marina Ilminska
April 15th - 10:30 | Room 105
Lawrence Mitchell
Zaza Namoradze
Dr. Mohamed MATTAR, Executive Director The Protection Project at John Hopkins UniversityU Kyaw San, Director-General Union Attorney General’s Office, Republic of the Union of MyanmarMs. BAI Ping, Director Legal Aid Center of the Ministry of Justice, People’s Republic of ChinaMs. Vidhu VEDALANKAR, Chief Executive Officer Legal Aid- South AfricaMs. Jennifer SMITH, Executive Director The International Legal Foundation Mr. Andriy VYSHNEVSKY, Director The Coordination Center for Legal Aid Provision, Ministry of Justice, Ukraine Miri Sharon, Justice Section United Nations Office on Drugs and Crime
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For a criminal justice system to be fair, effective, and based on the rule of law, the rights of suspects and accused persons to legal advice and assistance must be upheld and protected. The right to free legal assistance for criminal defendants is a fundamental right necessary to ensure the right to a fair trial, the right to defence and the fundamental human rights of life and liberty. To address this pressing global issue, the ancillary meeting on ‘Guiding Principles in Drafting Legal Aid Laws’ addressed key elements that are of high importance to develop comprehensive and efficient legal aid laws.
In many countries, state-funded legal services are non-existent, or else they are narrow in scope, meagerly funded, and not guided by quality standards. Although applicable national and international standards suggest an implied or express governmental duty to provide free and effective legal assistance to indigent criminal defendants, there is often little understanding among policy-makers of the need for an organized, systematic, and purposeful response to fulfill this responsibility. At a high-level international conference on Access to Legal Aid in Criminal Justice Systems, held in June 2014 in Johannesburg, South Africa, national-level representatives, civil society members, and experts from Member States discussed priorities for the implementation of the UN Principles and Guidelines. In the conference’s outcome document, one of the top priorities identified was technical support in the area of drafting legislation, as currently many countries are adopting new laws on legal aid or reforming existing laws.
In response to this request from national experts, the United Nations Office on Drugs and Crime is currently developing a tool on legal aid legislation to assist Member States. This tool will help States to establish a national system that is accessible, effective, sustainable, and credible, and will suggest some possible models for legislation while presenting examples from different national systems.
The objectives of the meeting were to allow consultation on the tool and to identify good practices that should be included in it, as well as to raise awareness on the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and encourage States to apply them in their legal systems. Speakers introduced key provisions of the UN Principles and Guidelines, and elaborated on how domestic laws already address and implement these provisions, or how they intend to incorporate them through draft laws discussed in national Parliaments. The challenges of drafting legal aid laws for post-conflict and transitional settings were also highlighted. Speakers also explained how these legal aid laws were institutionalized, and how mechanisms are developed, administered and funded. Participants were presented with examples from the domestic legal systems of Myanmar, China and South Africa and Ukraine.
FIDUCIA – Research on Trust-Based Policy
Minna Viuhko
April 13th - 13:00 | Room 102
Catherine Alexandrina Nakayenga, Obioma Uchechi
Minna Viuhko
Matti JoutsenAnni LietonenMinna Viuhko
10
Session 213: FIDUCIA- Research on Trust- Based Policy.
This session focused on trust in justice, and presented results from a major on-going research project in Europe, FIDUCIA - New European Crimes and Trust-Based Policy. The speakers noted that, although it is commonly believed that people evade the law because they fear punishments, many people in fact obey the law because they believe that this is the "right thing to do". According to the procedural justice approach, if people are treated fairly by the agents of the criminal justice system, they will have greater trust and confidence in the system, and will be more likely to obey the law even if they disagree with the outcome. The speakers focused on two forms of crime, human trafficking and cyber crime. Human trafficking should be seen as a process rather than as a single event. What may start as a not-so-severe situation of exploitation may escalate into a serious crime. According to the findings of the project, judicial authorities do not have sufficient knowledge on trafficking and, for example, policemen often misidentify victims of trafficking as undocumented migrants and instead of helping them they get deported. It is important to prioritize protection of migrants over immigration control and improve the integration of immigrants into a society. The police, the labour authorities and others who come into contact with the victims should be provided training in how to handle human trafficking and how to secure the trust of the victims. Cyber Crime: Although there is no widely accepted definition of cybercrime, one common distinction is between cyber-enabled crime ("traditional" crime, such as fraud, committed with the use of cyberspace) and cyber-crime in the stricter sense (illegal transactions that exist only by virture of cyberspace, and cyber-terrorism). Tentative results were provided from a survey on concern with, and experience with, cybercrime. 60 % of the respondents below the age of thirty reported having downloaded illegal content, and in general do not consider this to be very wrong. The speakers suggested that in this respect, there is room for expanding trust-based policies, as opposed to a sanctions-based policy, which remains the most common approach in most European countries.
Perfecting the safeguards on the way to the moratorium on death penalty
Prof. Luis Arroyo Zapatero
April 15th - 10:30 | Room 103
Yarisa Walsh
Luis Arroyo Zapatero
William SchabasOliver RobertsonCherif BassiouniFrancesco ViganòPiet Hein van KempenEmilio VianoChiara SangiogioPedro DavidLuis Arroyo ZapateroJohn VervaeleZao BingzhiGao MingxuanStefano Manacorda
53
The session began with a brief overview of the topic the panel was going discuss during the session. Suggestions and ideas were brought to the discussion by various members of the panels centered around the main topic (the proposals for upgrading the safeguards regarding the death penalty cases).
The session concluded with an Award Ceremony of Marquis Beccaria’s Medal to Prof. Gao Mingxuan for his outstanding commitment and tireless support through the years.
Systemic institutional fraud and corruption
Jose-Luis DE LA CUESTA
April 13th - 10:30 | Room 104
Adrian Strong and Christopher Sidiropoulos
José Luis DE LA CUESTA
Emilio VIANOLuigi FOFFANIPiet Hein VAN KEMPENMichael O'CONNELLMarc GROENHUIJSEN
14
Criminal justice is not a "zero sum" game, if states pursue repressive criminal justice policies it will lead to greater victimization. Victims are traditionally underrepresented in the criminal justice system but cannot correct that wrong at the expense of the offender. Institutional corruption leads to different victim responses than violent or acquisitive crime. In institutional fraud the main victim responses are helplessness and anger. Anger is the important emotion in victimhood. Previously it was assumed to be fear. In institutional fraud, the response of the criminal justice system is low. There is low reporting of offences and reported offences suffer a high attrition rate resulting in few prosecutions which the victim perceives as a conspiracy of silence between the government and law enforcement agencies. As a response, greater protection should be given to "whistle blowers" and more victim centered legislation. The upcoming review of the UN Convention on Corruption (CoC) should include consideration of more victim centered models. In response to a question on this point, Prof. Dr Greonhuijsen replied that the review of UN CoC should consider two basic requirements: a) there should be a low threshold test, and b) it was imperative that individuals should be able to access the mechanism. When asked how victims could be represented in the criminal process, Prof. Dr. Groenhuijsen replied that victims should have standing at all stages. At present, a victim is only likely to see a police officer investigating and not a judge at any time. The victim needs to feel relevant throughout the criminal process. There is also the possibility of the victim being given greater supervisory powers over the prosecution, such as the right to appeal a decision not to prosecute. In cases , such as large tax fraud where there is potentially 1,000 victims, private prosecutions and class actions have proved to be ineffective. The representational model from the international criminal courts may provide new thinking and solutions for collective or symbolic reparations.
Dr Piet Hein van Kempen: Corruption decreases economic growth and victims of crime are more likely to accept crime than non-victims which leads to a circular system of corruption. Corruption and poverty go together. It leads to inequality of income and systemic fraud is often associated with development programs directly impacting those who need the resources most. The criminal justice system is a necessary component to fight systemic corruption and fraud but it should not play a central role, rather an important but supportive role. The criminal justice system's ability to address the root causes is limited. The mechanisms to prevent corruption, such as the police and judiciary, may be corrupted themselves. There are many adverse effects of the application of penal sanctions to tackling corruption: pre-trial detention and imprisonment bring human rights considerations not just for the detainee but for the spouse and children of the detainee where loss of employment may result in impoverishment and psychological harm. There is also the consideration of the cost to the state of detention and on the cost to the economy of removing a person from being able to contribute to the economy. The rights of the victim to restorative justice or restitution may also be obstructed by incarceration. Responding to a question about how to tackle corruption where the rule of law may be absent, Dr van Kempen said that rule of law and corruption issues reinforce each other. Institutions must be strengthened which are matters of organisational culture, problems of funding, lack of oversight and auditing (transparency) as well as substantive criminal law.
Prof. Emilio Viano spoke about the tacit agreements between governments and large corporations where there is little incentive to respond to corruption as the customer benefits from cheap prices. Arrangements such as paying minimum wage so employees can still claim state subsidy is difficult to counter as such practices are within the law although corporations benefit from state financing.
Universities and higher education establishments also have a role to play and are often overlooked when thinking of organised corruption. A student given subsidized tuition in return for playing organised sport for a university earns nothing from the arrangement and may even not receive the education he or she was promised whilst the institution, which may pride itself on its moral ethics, gains financially and in reputation. The problem is even more obvious where educational qualifications or transcripts are fabricated for the student. In such a case both the student and the organisation benefit from the corruption and fraud and so such cases rarely reach the criminal justice system.
Michael O’Connell observed that the speakers painted a bleak picture – a picture that suggests variously that moral frameworks are utterly broken, political social and economic structures are damaged, even fractured, and legal process lack capacities critical to tackling root causes of corruption. The pervasive nature of corruption impacts at multiple levels resulting in differing outcomes. Illegitimate use of power affects the poor, the disenfranchised and the disempowered. Victims are individuals but also communities. The magnitude of the ‘corruption’ can stimulate responses and reactions that, on the one hand, are similar to those associated with conventional criminal victimisation, and on the other hand, differ markedly. Further, the corrupt agent can be a corrupting agent on those susceptible. The corrupting agent and the corrupted exploit others for gain or benefit. The politically corrupt utilise their power to enact laws to protect themselves and their ventures. As well as promoting a lack of confidence in institutions this deters the reporting of crimes. Unprotected whistle-blowers can become the victimised. Offenders operate with impunity. However, an over-reliance on the law and criminal justice system to counteract corruption results in overcrowding in prisons – the cost of which is borne by those who in broad terms suffer the ripple effects of corruption.
In sum, Commissioner O’Connell asked how the speakers’ views might be captured in a simple way. He adapted Constantine Stephan’s equation on the degree of corruption: Power of Position (including individual power, institutional power and monopolising of power), plus discretion (such as the arbitrary exercise of power), minus visibility (or transparency, which is essential to expose wrong-doings but also for governance and ameliorating impunity), minus morality (a necessary underpinning), equals the level or degree of corruption in a particular place at a particular time. That said, in tackling such variables, he urged realistic and practical remedies.
Information Society and Criminal Policy
Carlos E.A. JAPIASSU
April 15th - 10:30 | Room 101
Alexandrina Catherine Nakayenga, Precious Onovo
Carlos Eduardo Adriano JAPIASSU
Emilio VIANOLorena BACHMAIERJohn VERVAELEJosé Luis DE LA CUESTA
1
Session cancelled. Documents relating to this session can be accessed on the links in attachment.
International cooperation in criminal matters in the XXIth century: towards a new approach?
Katalin Ligeti
April 14th - 13:00 | Room 102
Yarisa Walsh
John Vervaele
Gert VermeulenAnne GallagherVladimir ArasZlata DurdevicKatalin LigetiMichele Simonato
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The session began with an overview of the various topics that will addressed by the panel involving the renewal of existing treaty framework, updating institutional design, duty of cooperation and limited exception as well as mutual legality. The panel discussed uniformity of practice, both in treaty law and national law that can cause less impact to the defendants/victims and their family.
Further detail was provided by the panel in regards to the establishment of trust at the international level that can leverage with record retention, and real time investigations. The panel further explained and suggested that to achieve this goal, the enforcement of treaties must be emphasizing as well as fair cooperation where the rights of suspects and victims are recognized and protected.
Combating Economic Crime in Banking
Yarisa Walsh
April 13th - 13:00 | Room 104
Yetunde Ruqoyat and Olumide Oniyide.
Not available
Yarisa Walsh
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YARISA WALSH : Certified Fraud Examiner from the USA.
The presentation highlighted the concepts and problems presented by technology and also illustarted some of the systems and tools utilized by financial institutions in the United states to fight economic crime.
She highlighted types of economic crime to be,asset misappropriation, bribery and corruption,cybercrime and money laundering. She presented 6 steps to be taken in order to detect crime, they are: understanding the organization, identifying possible fraud trends, documenting posible fraud trends, using technology to gather data on fraud trends, analzing results and finally investigating the fraud.
She further explained tools utilized by banks to combat crime (fraud), tools such as ; data warehouse, card rule editor software, online transactions behavior analytics software, telephone analytics softwares, big data analysis and case management system.
In all, she was able to discuss, insight on economy crime, types of economic crimes affecting financial institutions, systems and tools utilized by financial institutions to combat economic crime and six steps to crime detection.
In conclusion, she believe it would go a long way in the fight against economic crime if private sectors continues to take the lead to find and prevent problems. Furthermore, she recommends that policies should be followed and that it is in the best interest of financial institutions to work together with law enforcement agencies and also to share necessary information amongst themselves, she believes this kind of partnership will go a long way.
Moving Away from the Death Penalty - Death Penalty, Drugs and Terrorism
David Marshall
April 14th - 10:30 | Auditorium 1
Emma Trottier, Erkut Cakmak, Kelvin Rodriguez, Zoe Bertrand
ASG Ivan Simonovic
Honorable Andrea OrlandoChristof HeynsTaghreed JaberJeffrey FaganHaitham ShibliIvan Simonovic
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The panel began with an overview of a recent publication “Moving Away from the Death Penalty: Arguments, Trends and Perspectives” published by the UN Office of the High Commissioner of Human Rights.
The panel provided information on the use of the death penalty worldwide, and discussed the growing trend for states to either abolish the death penalty altogether or impose a moratorium on executions. Despite this growing trend, however, panelists raised concerns with the following statistics: In 2014, there was a 22% decrease from the previous year in the number of executions, but an increase of 28% in the number of people sentenced to death. The increase in the number of people sentenced to death was attributed to growing feeling of insecurity stemming from drug-related crime and terrorism.
Another focus of the session was on deterrence and whether the death penalty has any deterrent effect. Relying on empirical research, panelists explained that there was no evidence that the death penalty
had any greater effect than other punishments, including a life sentence without parole. Further evidence that the position that the death penalty has no deterrent effect is evidence that demonstrates that crimes rates, in particular homicide rates, have increased after the use of executions in a number of member states.
The session concluded with a number of questions from the audience, including questions on the rights of victims, the power of sovereign states, and the research surrounding deterrence and the death penalty.
Panelists concluded the session by observing that there is one standard of international human rights, which should apply to all states.
Strengthening the Legal Architecture to Respond to Environmental Crime
Tuesday Reitano
April 13th - 13:00 | Room 105
Christopher Sidiropoulos
Rob Parry-Jones, Lead International Policy, Wildlife Crime, WWF
Tuesday Reitano, Head of the Secretariat, The Global Initiative against Transnational Organized CrimeSabri Zain, Policy Director, TRAFFICDebbie Banks, Senior Campaigner, Environmental Investigation Agency (EIA)Teale Phelps Bondaroff, Issue Expert and Researcher, The Black FishAmanda Cabrejo le Roux, Legal consultant, The Global Initiative against Transnational Organized Crime
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Sabri Zain presented on wildlife crime and organized crime. The session discussed illegal ivory trade which has increased in recent years. This includes poaching, transport, logistics of transportation by railroad air and sea, and the buying and selling on the market for luxury, medicine, food and pets. Ivory from Africa is traded throughout the world to the Americas, Asia, and Europe. Illegal Rhino trade has also increased in recent years. In 2006 there were 60 cases and in 2014 over 1200. Illegal Rhino trade has five levels starting with the killing of the rhinos. Illegal Tiger trade is another crime that has risen in recent years. Illegal Timber trade is an important issue in places like Tanzania, where revenue of 58 million dollars per year was lost because of it.
Dr. Teal Bondaroff presented The Illegal Fishing and Organized Crime Nexus. The focus was citizen engagement in monitory and reporting on illegal fishing and using innovation and technology. IUU fishing illegal aspect, violates laws and regulations of states or RFMOs. The unreported or misreported fishing is another aspect and last is unregulated fishing which is fishing in areas beyond jurisdiction. The three types of IUU fishing are the ignorant, the opportunist, and the repeat offender. PEW estimates there is 10-30 billion dollars a year of IUU fishing. The harms of this fishing are that it destroys ecosystems, threatens food security, damages economies, and harms legal fishers and more. The organized crime aspects are the preparation, the catching of fish the landing and reporting catches and processing catches, transporting, selling, and accounting. Some recommendations include more severe punishments, increased enforcement and monitoring.
Debbie Banks’ presentation starts with EIA and environmental crime. The impact of illegal trade in ODS are that it delays ozone layer recovery, human health costs, avoidance of taxation and the overlap of the drug trade. The scale of illegal trade in late 1990s was 40,000 tons a year of CFCs worth around 500 million. In 2006, 14,000 tons of CFCs was smuggled into developing countries. In 2013 an estimated 3660 tons of illegal ODS was trafficked within East Asia. Enforcement response includes Operation Cool Breeze, and Operation Catch 22 National Mule Agency Enforcement.
Amanda Caberejole Roux presented tightening the net on transitional organized environmental crime. Causes of TOEC are on biodiversity, human lives, national economy and security. Many types of TOEC including wildlife crime are: illegal fishing, illegal logging and illegal trade. Pollution crime include: illegal transportation, dumping of waste and illegal production of trade in ozone depleting substances. A global criminal law approach would improve criminalization and harmonization, cooperation and assistance in enforcement, and expansion of jurisdiction. The main recommendation is to create a platform for a participatory dialogue process with governments and other stake holders.
Legal Atlas presents environmental crime law database. Environmental crime legislation is related to criminal and civil liability of harming the environment. Australia created Environment Conservation Act of 1999, in which Article 196 states killing or injuring members of the listed threatened species or community was a crime with a punishment. Brazil created Environmental Criminal Law 1998 which Article 29 lists as a crime: killing, chasing, hunting, taking, extracting and or using species of wildlife, native or in migratory route, without permission, license or authorization of the competent authority, or in violation of it which has increased punishment from previous criminal law.
TRAFFICKING IN CULTURAL AND ARTISTIC PROPERTY: GROWING INVOLVEMENT OF TRANSNATIONAL CRIME
Emilio C. Viano
April 15th - 13:00 | Room 102
Basharat Sher and Levi Nwokedi
Jessica Johnstone; Bridget Spencer; Raquel de Pazos Castro; Carmen Rus Rerez;
Emilio C. Viano
Fausto Martin De SanctisZighed AbdelkaderAndrea Murillo Fallas
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The topic for this session was “Trafficking in cultural and artistic property: Growing involvement of transactional crime”. Speakers in the session: Emilio C. Viano Fausto, Martin De Sanctis, Zighed Abdelkade and Andrea Murillo Fallas.
All the four speakers briefly elaborated about crimes affecting cultural & heritage property in the world and the growing involvement of transactional crimes, and the steps which are taken by international crime prevention organizations to reduce incidences in this specific area. Mr. Emilio C. Viano described the role of the archeology departments how they play effective roles against these traffickers.
In this session the speakers also discussed the main causes of organized crimes such as drugs and weapons. Also discussed was the involvement of the Algerian government in combating trafficking and in decreasing the percentage of trafficking in the country.
Latin America culture crime was also a part of this session in order to raise awareness.
Fragile States, Cycles of Violence and Development: The Role of Women
Emilio C. Viano
April 14th - 13:00 | Auditorium 2
Giselle Armendariz
Ian Johnson; Candice Jones; Sana Sakji; Tarek Abbound
Emilio C. Viano
Zeeshan Ali TahirAbass V.O. KamaraHanishi AliStephan ParmentierMohammed Ayat
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One of the focal points covered in this presentation was the advancing role of transitional justice. Stephan Parmentier gave the definition for transitional justice as, "the study of choices made and the quality of justice rendered when states are replacing authoritarian regimes by democratic institutions" (Siegel 1998). Parmentier discussed a country based study done in Guatemala that has been using transitional justice as a form of advancement since getting out of the Guatemalan civil war. Transitional justice hence helped with victim reparation programs and some prosecution. There were even some attempts to start a trial against Guatemalan government with charges of genocide against the Mayans.
Thanks to transitional justice the role of women has changed. The "actoras de cambio" or actors of change, are a group of women in Guatemala that offer intervention programs with psycho social assistance and awareness raising.
Other speakers, such as Mohammed Ayat, touched upon subjects such a sexual violence against women being used as tools of war. He mentioned that since sexual violence is a tool of war, it is also a threat to our national and global security. Ayat concluded this session by saying, “The woman is the future of the man, when men take care of women; they are taking care of themselves and therefore society."
Minimum Age of Criminal Responsibility and Citizen Security
Hugo Morales
April 15th - 15:00 | Room 104
Marlyn Jones
Carmen Rus Rerez; Emily Bailey; Jessica Johnstone
Hugo Morales
Emilio VianoAlexandra MartinsHeike Gramckow
This session chaired by Hugo Morales entitled the Minimum Age of Criminal Responsibility and Citizen Security discussed the age below which a child is deemed to have capacity to form criminal intent, and thus cannot be tried for a crime (ACR). Like many other age related criminal justice concept, there are no clear parameters, instead there are significant variations across the world and sometimes within countries, with each country using a different rationale for establishing this criteria. The age ranges from a low of age seven and a high of age 14, with Latin American countries registering at the lower end of the spectrum. There is a paucity of data, however, the research indicates that if established below age 12, and the child comes in contact with the justice system, this increases the likelihood of later system contact. The issue is barely regulated and countries are unable to reach a consensus, but the extent to which the problem has been addressed through referendum and/or debate is based on political climate in the region. Latin America pursues a more punitive paradigm. Drawing on the developmental literature and historical trends, the speaker advocates social and developmental responses as well as policy reform.
Dr. Emilio Viano discussing the age at which children are raised to adult court in the United States, also known as “waiver”, notes that the age was first established at seven. Presently the age is generally set below age 16, but is trending downward. Reviewing the impact of youths being treated as adults, Dr. Viano discussing variations across states, with youths as young as 10 being vulnerable to waiver, notes there are three methods of waiver: prosecutorial, judicial and legislative. He notes that while adult courts confer more due process protections, youths face a range of vulnerabilities such as more harsh sentences with the trend towards Life Without the Possibility of Parole (LWOP). The current trend of lowering the minimum age results in a growing population of juveniles charged as adults who face severe disadvantages such as more severe punishments, reduced judicial discretion, increased social stigma, employment consequences and more youths in adult facilities who then become vulnerable to physical and sexual abuse and suicides. Minority youths are disproportionately impacted but youths in general are disadvantage because typically they are poor witnesses, have a tendency to protect others, and are less familiar with rules of procedures. Due to the cost to the community, impact on later employment opportunities, and cost to the community, Dr. Viano advocates raising the age at which youths are waived to adult courts.
Ms. Alexandra Martin from UNODC discussed the current model of juvenile justice related international rules impacting the age of criminal responsibility and reviewed the Latin American statistics. Contextualized in terms of current youth protocols, conventions and treaties, she advocates anchoring youth related issues to conform to international standards and specifically, The Convention on the Rights of the Child (CRC) which establishes an excellent framework within which countries can address the rights of youths and establish the age of criminal responsibility. Noting variations across Latin American countries, incorporating developmental literature, citing a lack of or inadequate empirical data, and a shift in societal perception of youth delinquency, she highlights several risk factors for youths and challenges to youth justice emerging from non-adherence to the CRC. Although lowering the age violates the CRC, across Latin America there is a trend towards further lowering. Therefore, not only is there a need for countries to reach consensus on what constitutes “child” there is need to address the trend towards said lowering and eliminate many of the definitional issues by implementing new domestic legal instruments under present international crime and criminal justice standards.
Ms. Heike Gramckow speaking to the Mexican context discussed human rights concerns associated with The Federal Law of Justice for Adolescents enacted in December 2012 to take effect in 2016 that proposes a national fora for youth justice and a lowering of the age of criminal responsibility. Concerned with the lowering of the age at which youths are committing crimes, she advocates social and developmental crime prevention initiatives aimed at the primary, secondary and tertiary levels, an examination of differences across youth associated policies and an identification of youth related familial, cultural and societal risk factors for conflict with the law. Drawing on risk factors and the profile of adolescents in conflict with the law, she reviewed work being undertaken by and for civil society foundations in Mexico with a funding budget of USD2.35 million covering 71 developmental projects being undertaken by 12 entities, of which 20 percent was allocated to tertiary programs and projects.
The panel presentations generated a robust discussion, with the audience members elucidating what obtains in other jurisdictions such as Malaysia and Uruguay. Generally the discussions demonstrated the problems with the trending downward of the age, emphasized the importance linking youth related issues to a range of contexts that incorporate social status and acknowledges the range of inequalities and problems associated therewith. Overall, the panel highlighted social justice issues emerging from the lowering of the age at which youths are brought into the justice system.
Practically Applying the SMR for Treatment of Prisoners
Merethe Borge MacLoed
April 15th - 10:30 | Auditorium 1
Jennifer Leahy
Merethe Borge MacLeod
Christian RanheimRoselyn Karugonjo-SegawaDennis Mungo
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The meeting consisted of representatives from Indonesia, Kenya and Uganda, chaired by a representative from the Raoul Wallenberg Institute (RWI). The representatives shared their successes and challenges pertaining to the practical implementation of SMRs for prisoners, established by the UN 60 years ago. Two session members discussed perspectives as insiders and one session member discussed the perspective of an outsider. As insiders, their goal is to: look at the current system, build a rapport with administrators and staff, work with them to implement changes, and establish auditing procedures. Numerous suggestions were made by presenters regarding what works, and what pitfalls to avoid, in order to prevent staff from rejecting the changes. One valid point made is that custody staff and administrators need to fully understand what is expected of them. For example, no one would play a game of football without first knowing the rules. The same applies to the SMRs. As an outsider, the access is more limited. However persistence does pay off as does taking initiative. At times change comes from the outside such as having support from NGOs to build facilities to detain children to avoid having them placed at police stations. When attempting to implement the SMRs it is essential to pay attention to the needs of custody as well as the human rights of prisoners.
Breaking the Chain between Corruption and Organised Crime in the Post-2015 Development Agenda
Mirella Dummar Frahi, UNODC Civil Society Team Leader and Civil Affairs Officer
April 14th - 13:00 | Room 106
Cinzia Miotto, Erkut Cakmak, Kelvin Rodriguez
Cecilia West; Zosia Krasodomska-Jones
Mr. Kristian Ødegaard
Ambassador Dr. Ugljesa ZvekicProfessor Dr. Louise ShelleyMr. Manzoor HasanDr. Maurizio FiascoMr. Jan AustadMr. Jean-Luc Lemahieu
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Ambassador Dr. Ugljesa Zvekic drew attention to the scale and scope of organized crime, noting changes in the geopolitical equilibration of suppliers and receivers of illicit capital flows, money laundering, corruption and organized crime. Ambassador Zvekic mentioned the increased presence of organized crime in management and political authority structures, so as to influence and control the process of legalization and legitimization of illicit financial flows and gains. Lastly, he underlined that organized crime and corruption had wider implications that went beyond the traditional security and justice framework into sustainable development. To this connection, Ambassador Zvekic listed a number of the proposed sustainable development goals, in addition to Goal 16, which include transnational organized crime spoilers that can prevent the achievement of these goals.
Professor Dr. Louise Shelley presented a summary of her book, “Dirty Entanglements: Corruption, Crime, and Terrorism”. She highlighted the fact that corruption and organized crime help fund terrorist groups and their activities, as recognized in S/RES/2195 (2014) and S/RES/2199 (2015). Professor Shelley pointed out that terrorists often commit crime because it causes multiple harms, in addition to being profitable. Trafficking in drugs and for sexual purposes, as well as kidnapping are examples of such dual crime. The following strategies were suggested to address this issue: (i) increase employment; (ii) effective oversight of foreign aid to prevent its diversion to corrupt officials and pernicious non-state actors; (iii) and private-public partnerships to raise awareness of illicit trafficking.
Mr. Manzoor Hasan, the Chairperson of the UNCAC Coalition, touched upon the topic of effects of local power networks – the mastaans – in Bangladesh. To illustrate this, Mr. Hasan referred to the Rana tragedy on 2013, which lead to the death of around 1,000 workers, as a cause of not following safety guidelines to make an increased profit. Mr. Hasan presented the conclusions of a survey of journalists on the links between politicians, mastaans and governance in seven constituencies in Bagladesh. The research identified land grabbing, drug dealing and extortion as the top forms of economic crimes. In addition to politicians and the mastaan, youth leaders are among the top individuals involved in land grabbing. The findings indicated that (i) the mafia played a major role in most criminal activities in the area; (ii) its power varied from area to area and was greatest where economic opportunities could be more easily accessed through mafia actors, (iii) and the use of mafia power was correlated with violence in local politics, including murder and beatings.
Mr. Maurizio Fiasco presented the new case of “mafia capitale”, introducing similarities and differences to traditional mafia. This new type of mafia uses NGOs meant to serve a good cause, refugees in this case.
exploiting the vulnerabilities of refugees, smuggled migrants and people prosecuted for political, ethnical and religious reasons. Mafia capitale inhabits the so-called “middle world”, between the political class and the underworld of criminality. Mr. Fiasco drew attention to the fact that emergency situations, such as day-after natural disasters, environmental risks, industrial accidents and geopolitical events may be used by criminal groups, such as mafia capitale, to make profit. In order to prevent this, He stressed the need for implementing anti-corruption measures to ensure transparency, accountability and responsibility on the part of public administration and politicians.
Representing Norway, Mr. Jan Austad briefed on national efforts to counter corruption and transnational crime. He noted that his country was for a long time immune to such problems, but noticed with surprise that this was not the case. Mr. Austad presented three case studies of corruption in Norwegian municipalities and how they were dealt with by the criminal justice system. He concluded by highlighting the importance of UNCAC and the need to raise awareness of these crimes as a preventive measure.
Lastly, based on his extensive work experience in Afghanistan, Mr. Jean-Luc Lemahieu explained that despite some tactical successes, the counter-narcotics strategy as implemented over the last decade had failed. Reasons were complex, but could be largely summarised under four factors. First, the lack of coherent vision among different stakeholders on the final outcome of the Afghan intervention. Second, the Cartesian silo approach which resulted in what he called the abstract of the 'schizophrenic farmer' and a 'schizophrenic economy' not fitting reality. Third, the wrong interpretation of economic signals, since the opium growth in cultivation had little to do with supply-demand, but everything with domestic speculation within a governance structure addicted to elevated transaction prices. Finally, the one-dimensional focus on narcotics as it was the end-game to be resolved by the counter-narcotic community, without proper understanding of the political economy and without tackling the root causes. With the saying 'not all poor farmers do cultivate opium, and not all opium farmers are poor', he explained the relationship between vulnerability and opportunity, demanding an integrated approach.
In the discussion that followed, participants praised the contributions that were made and highlighted the need for more research on these topics. The importance of the role civil society and the media can play in monitoring and evaluation was also stressed.
Mr. Kristian Ødegaard, Minister Counsellor at the Permanent Mission of Norway in Vienna, concluded noting that the links between corruption, terrorism and transnational organized crime have been highlighted in the presentations. Therefore, there is a need to increase the prevention of corruption and trace illicit financial flows in order to break the chain or organized crime and ensure the success of the post-2015 development agenda.
Preventing torture - the law and beyond
Yuval Ginbar
April 16th - 17:00 | Room 103
Lawrence Mitchell and Zoe Bertrand
Anne-Li Ferguson
Yuval GinbarEva Abu HalawehMalcolm EvansNatalia ollus
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The session started with an overview of Death Penalty around the world, given by Ms Anne-Li Ferguson. The near-universal condemnation, prohibition and even criminalization of torture have not yet led to its universal abolition. Torture and other forms of ill-treatment persist in most countries.
The first speaker, Yuval Ginbar provided an overview of the safeguards against torture in international law and standards. He demystified the common views of torture by stating that in the overwhelming majority of cases, torture consisted of aggression by law enforcement after the arrest. He presented different safeguard against torture such as the visit of detention place, the compulsory presence of a lawyer and the information of the arrested person of his rights.
The second speaker, Eva Abu Halaweh provided an insight of the Middle East attitude toward torture and gave ideas of how to prevent torture. An important lobbing against anti-torture laws exist in the Middle East as culture values can promote torture attitudes. She overviewed the challenges she met in the field and stated that effects of torture are contrary to the aim it is used. She pointed out the important roles of prosecutors and judges to address these issues.
The third speaker, Professor Malcolm Evans gave an insight into the visits to places of detention in order to prevent torture. He pointed out the need for more States party at the additional protocol for the prevention of torture. The committee visits prisons and then engage a dialogue with the state party, which allows for a constant contact between the two. The additional protocol also requires states to have a national and practical mechanism to prevent torture.
To finish, Ms Natalia Ollus presented gender based initiatives that struggle with torture against women. Gender-based torture is deeply linked with domestic violence and violence against women. The speaker pointed out the need for good practices and for experts in violence against women.
Linking Criminal Justice System Reform with the Wider UN Goals
David Bennett
April 15th - 17:00 | Room 105
Rodica Popa
David Bennett
Donna Lattin
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Fair, effective and transparent criminal justice systems are fundamental to the advancement of UN goals. What strategies are required to attain this? In this session, a team of criminal justice consultants shared practical lessons from comprehensive justice system reform efforts with over 200 jurisdictions and provided answers to questions such as: What constitutes a 'systems approach' to improving criminal justice institutions? How can system change be catalysed and sustained? How can crime prevention and criminal justice system efforts be integrated into the broad UN agenda?
Integrating Crime Prevention and Justice into the wider U.N. Agenda is important because disproportionate confinement contributes to poverty, lengthy or inhumane incarceration can fuel violence, lack of transparent and accountable justice undermines development; lack of access to justice perpetuates unequal treatment and marginalization and unjust systems foster impunity for human rights abuses.
Building Fair, Effective and Accountable Justice Systems
U.N. Sustainable Development Goal 16 "Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels". Justice Reform and Capacity Planning Requires a Comprehensive Approach as it results from the Handbook on Strategies to Reduce Overcrowding in Prisons “The root causes of overcrowding and imprisonment can only be sustainably addressed if comprehensively analysed and if public policies concerning crime and criminal justice are truly comprehensive.”
When talking about a systems approach to justice reform , all aspects of the criminal justice system have to be addressed: Administration of Justice (representative decision-making that is open & accountable, the transparency principle), System Capacity (adequate capacity throughout the system: Police, Prosecutors, Defense, Judges, Prisons, Programs, etc.), Effective Justice (Timeliness and Effectiveness of the Justice system - long pre-trial detention is not only unacceptable but both ineffective and costly for the system). Access to Justice: System Integrity (Rule of Law, Equal Access, Fair, Equal & Humane, Judicial Independence, ‘Do No Harm’ Philosophy). There needs to be an inclusive decision making and in order to do that at the local level a body is needed, a criminal justice council/advisory committee, all of the local judicial authorities involved and working together to develop that policy and access to data in order to have an open and accountable justice system.
Donna Lattin presented examples of Inclusive Reform Models that Catalyse Change (Engines of Reform). Pre-trial services considered as gate keepers of the criminal justice system. Changes/development in the pre-trial services contributes throughout the criminal justice system. It has multiplier effects.
Challenges to Justice Reform: Cultural context – no ‘one size fits all’ model, Weak and non-transparent governance, Corruption, Lack of key Justice System components, Low public trust in the system, No system evaluation – no data, No long-term planning horizon, No assessment and implementation support.
Keys to Successful Justice Reform: Comprehensive plan, Plan reform efforts at multiple points across the system, ‘Any door in’ as a starting point for broad reform, Representative decision-making, Data.
How To Integrate Crime Prevention and Criminal Justice into the wider U.N. Agenda: Take Criminal Justice System reform to scale (Create capacity for locally-driven System reform, Establish an Institute to train Criminal Justice Coordinators to support comprehensive justice reform, Promote System data collection, Develop an ‘Action Plan’ approach tailored for different development conditions), Integrate Justice advancement into all development projects (Provide legal ‘Rights’ education, Establish recourse for settling development-related grievances, Provide legal representation), Establish pilot projects to link justice reform and the goal of Peace and Security, that includes at a minimum: Ceasefire-like violence prevention efforts, Pretrial reform and access to justice, Independent judiciary and defense counsels, Prisoner reintegration.
Organized crime and conflict: what implications for policy?
Today, transnational organized crime is increasingly being portrayed as a great threat to international peace and security. While the recognition of this nexus is not new, much remains to be understood about the nature and extent of the connectivity between organized crime and conflict.
This nexus can take many forms. For instance, drug trafficking and other illicit trade has, in many cases, partially funded conflicts throughout the world. Conflict, post-conflict and transitional environments also provide opportunities for organized crime, which impedes the state’s capacity for sustainable development.
The United Nations University Center for Policy Research (UNU-CPR) presented, as part of an on-going research project, four categories of nexus between organized crime and conflict that seem to be emerging from existing evidence and research: the nexus of opportunity, control, necessity, and the absence of a nexus. While each category requires different policy approaches, the reality on the ground remains dynamic and UNU-CPR highlighted that further research is needed on hybrid and transition cases.
In terms of policy responses, the panelists highlighted the need for comprehensive, sophisticated and coordinated approaches to tackle organized crime in such contexts. This includes better analytic capacity to support UN missions’ deployment in contexts where organized crime plays an increasing role, as well as strategies that go beyond law-enforcement and tackle the political economy of conflict and the issue of corruption.
Mental Illness and Behavioral Change in Criminal Justice
John L. Gannon, Ph.D.
April 15th - 10:30 | Auditorium 2
Giselle Armendariz
John L Gannon
Alphonzo AlbrightAhamefule Agomoh
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There is a desire to have prisons treat prisoners with dignity and respect, as well to have protection from violence in order to have successful rehabilitation and reintegration. If we want to reintegrate offenders back into the community we must give human rights at each stage of the justice system, this includes the mentally ill. The mentally ill are persons, just like anyone else. They are not to be exploited economically, sexually or socially, shall not be discriminated against and shall have the right to exercise all their legal, social and economic rights.
Care for mentally ill becomes expensive when funds are distributed wrongfully and people go to prison instead of mental health hospitals. Prison staff are not equipped with the proper training to care for, or even understand a mentally ill inmate. Mentally ill persons are a very vulnerable group that face stigma and are often times shunned from society.
Problems include that there are different definitions of what constitutes good mental health. There is an allusion that non treatment in an acceptable response. Gannon said, "from a humanitarian perspective, treatment saves lives." Mentally ill are sick and therefore should be given treatment not be put in prison. There is a movement in Nigeria to get the mentally ill out of prisons, a topic covered by Dr. Agomoh.
SDG Goal 16: Measuring armed violence reduction and prevention
Anna Alvazzi del Frate
April 17th - 13:00 | Auditorium 1
Lawrence Mitchell
Luigi De Martino
Anna Alvazzi del FrateSteven MalbyTiziano Balmelli
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The Philippines hosted the Asian/Pacific meeting in 2014 which focused on the need for good data and evidence in measuring violence. There were 120 regional participants who discussed measurable reductions concerning armed conflict. There is a need to observe violence over a substantial time, to find solutions and seek prevention methods, enhance data collection and measuring systems, and influence policy making.
The stakeholders must be involved to address these issues, to develop impact assessments, measure goals and to develop an agenda to further this work.
The big question is why safety and security? Many people live in areas of conflict (and post-conflict) where there is a strong nexus between safety, security and development. To measure aspects that regulate peace, lessen corruption, reduce violence. There are ways to measure homicides, but many times these figures exclude deaths in combat which are about 508,000 each year, of which approximately 16% are females.
Measuring violence should include gender, geography, race, and age. There should be international standards to enhance data sharing and wider analysis.
Promoting justice across borders: the transfer of execution of sentences as an alternative to extradition
Gilberto Duarte
April 16th - 10:30 | Auditorium 2
Kelvin Rodriguez, Emma Trottier
Joshua Hunter; David McCafferty; Carmen Rus Rerez; Andres Reche Stitt
Valerie Lebaux
Douglas Fischer Federal ProsecutorJesús AlonsoGilberto Duarte
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The session begins with Valerie Lebaux the moderator of the event introducing the speakers and providing a summary on the benefits of transferring execution sentences as an alternative to extradition.
The international transfer of sentenced persons contributes to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.
Douglas Fischer: The transfer of sentences is a muttered alternative in the criminal justice system. It is important that state respects the due process of the prisoners but it is also important to respect the community because the system is designed to protect the victims. Mr. Fischer then discussed that when talking about the transfer of execution sentencing we should reference it to mutual legal assistance. There are two significant obstacles that stop this principle from being enforced which are the sovereignty of state and public order. This topic is significant on a level of humanitarian law rather than criminal law. A bilateral or multilateral treaty is important in the development of these ideas and it is fundamental that states find alternatives to the traditional methods of extradition to create a balance within the criminal justice system.
Jesus Alonso: Focused on the transfer of execution in the context of the European Union. The idea of justice has a special effect on state sovereignty and there has been much change on sovereignty due to many interregional agreements. EU citizens have the right to live in any of their member states and this movement allows for them to live within the state whose legal system benefits them most, but this is not designed to allow for perpetrators to escape criminal sentencing. Harmonization of law should be applied across European legislation. Mutual recognition is key in moving forward, creating a balance across the European Union.
Gilberto Duarte: Spoke with a concentration on Human rights guarantees. Most of the issues that base this discussion concern jurisdiction, including clashes in jurisdiction and cooperation between member States. There is a difference between crimes that are transnational in nature vs. those where the effects of the crime are in one state alone and one flees to escape prosecution. The issue of consent is also prevalent within this discussion as it shows that the interest lies with the prisoners, but we cannot disregard that there are deliberate actions to evade the course of justice and create an irrelevance in the transfer of execution of sentences. Changes in perception regarding jurisdiction is vital in promoting the transfer of execution.
Collective anti-corruption and compliance research & training
Simona Marin
April 16th - 13:00 | Room 102
Basharat Sher, Levi Chimaeze NWOKEDI
Martin Kreutner
Michael HershmanArjun Ahluwalia
44
This session “Collective anti-corruption & Compliance research & training” was headed by Martin Kreutner as moderator and the speakers of the session were Michael Hershman, Arjun Ahluwalia and Dimitri.
A video presentation was shown from different countries USA, Canada, etc. showing appreciation of the knowledge acquired from the studies on crime and corruption which are anti-corruption compliant.
The UN supports the training of those who are fighting against crime and corruption. It was emphasised that there was a need to listen to the new generation and to look to how we can empower them by means of education and training about corruption. Value based education was discussed as the key for long term prevention on crime. The menu of topics and program structure was explained which promotes new ideas, views and resolutions about corruption and crime.
IACA also have online program courses which are seen as an effective tool in anti-corruption initiatives and has helped to train over 5000 people from the program. It is available in a variety of languages.
Sexual Violence against Women: Strengthening Preventive Steps
Professor (Dr.) Sanjeev P. SahniGarima JainIndranath GuptaDr. Adam Dubin Dr. Beulah ShekharAstha DandaMilica Dimitrijevic
29
Order of presentation: Dr. Manjushree Palit; Professor (Dr.) Sanjeev P. Sahni; Dr. Adam Dubin; Dr. Beulah Shekhar; Ms.Milica Dimitrijevic; Prof.Indranath Gupta; Ms.Garima Jain and Ms. Astha Danda.
TOPIC: Sexual Violence against Women: Strengthening Preventive Steps
Dr Palit gave the introduction, she reiterated that the the topic of discussion (sexual violence) is prevalent and widespread across the globe and that to prevent the problem (of sexual violence), inter-disciplinary initiatives on multiple levels are required. She highlighted some steps; preventive ones, that can be implemented to address the issue. The steps are: Promoting gender sensitization classes in schools; Enforcing mandatory trainings for officials in the legal system and enforcement agencies; Regular and updated gender sensitization programs and sensitivity training for lawyers, law enforcement officials, medical professionals, and state agencies; Community awareness programs that promote information relating to basic human rights, and strict laws should be made to discourage lesser offenses like acid attacks, voyeurism, etc. against women.
INTERNET INFIDELITY: ADULTERY IN THE AGE OF TECHNOLOGY
Time spent in internet chat rooms means time not spent with a partner or family. Where the online conversations are of an intimate and sexual nature and the activity is kept private from a spouse does it amount to infidelity? The session addresses the changing nature of private relationships in the internet age.
Dr Sanjiv Sahni – there is no definition of internet infidelity and no law enforcement agency considers internet infidelity a crime, even where adultery is a criminal offence. The law isn't keeping pace with technology. As a psychologist, I ask the question why indulge? What are the user's needs and wants? What kind of people visit these sites and is someone committing an offence by having online sex chat?
The effects on the victim are clear - she will start feeling insecure and ignored and the husband will stop spending time with his family. Is it a social or cultural problem? In India and South Asia there are many myths and taboos around sex, and it cannot even be discussed in the home. Is sexual desire being suppressed? At what age should sex education be provided? In India a person is not supposed to have sex until after marriage so should this behaviour be prevented? If so, how? The answers may be found in the right kind of sex education, understanding why a person indulges and asking the question: "How far is it illegal?"
Garima Jain: In a sample survey conducted in India, the study found a distinct rationalization of involvement in online infidelity – 34% admitted online infidelity and there was not much difference between genders. The reasons given for not indulging in internet infidelity include lack of knowledge, lack of internet access, fear of getting caught by their partner, religious values, strong moral values and not wanting to cheat on their partner. The anonymous nature of the internet helps individuals to project themselves differently than they would in normal life as physical characteristics and body language are not projected. For example, it is well known that the majority of internet chat users lie about their age. As a result of this altered self-projection, it is easier to employ rationalizing behaviours and justify their actions but this behaviour does lead to relationship problems and divorce.
Dr Manjushree Palit: In a case study, a wife complains that her husband is always on the phone or his email sharing emotional messages to an online friend. This shows a lack of trust between husband and wife, the wife suffers emotional exhaustion, the husband is not spending time with his wife and he is not assisting with household chores. There is a third person in the relationship without the consent of the partner. A lot of research that focuses on infidelity as a cause for marriage breakdown does not consider online infidelity. Intimacy in a relationship has been extensively studied but culture has an impact. It is often assumed that an Indian marriage will continue even though unfulfilled and unhappy. Intimacy has been studied in the Indian context. The resulting characteristics and components of intimacy include emotional closeness and the ability to express feelings. Self-disclosure and disclosure to a partner are important in maintaining emotional closeness in a relationship. A further component of intimacy is supporting the other person, and that comes from being genuine in a relationship. Physical intimacy is more than just having sex, it is about physical affection and communication.
Prof Dr. Monica Whitty: in a Western context infidelity online or even physically is not a crime. Research data shows a strong response for equivalence between cyber sex and physical sexual intercourse. Online pornography is not seen so much as an act of infidelity. Student responses indicate that relationships frequently begin online or an online element is introduced early in the relationship, especially to flirt. Infidelity, or internet infidelity may be a way of escaping unhappiness in a relationship. There may be positive sides to online intimacy when physical intimacy is not possible, for example, as a result of disability or due to distance. This helps maintains a closeness and intimacy in a relationship.
Internet fraud exploits the vulnerability of those who engage in cyber sex. For example, romance scams where the fraudster creates a false internet personality and develops an online relationship with the victim who believes it to be genuine and is then manipulated into acts for the fraudster including handing over money. There may also be an element of blackmail, when there are threats that online activities will be revealed to family or employers if money is not handed over. Receivers of scamming emails idealize the partner sending the messages – hyper-idealization – and frequently believe relationships online are more profound and the love expressed deeper. Asynchronous relationships online also create a permanent record of the intimate conversations. Such scams can be relatively easily prevented by raising awareness of the issue and encouraging those engaging in online relationships to arranging to meet as soon as possible after the relationship begins online. The other party rarely lives up in person to the idealization of online communication.
Professor Indranath Gupta: It is not possible to remove the enabling technology that allows online infidelity to occur. Technology that allows online communication clearly has positive applications and in the modern world is absolutely unavoidable. Should ISPs be held liable in these cases of internet infidelity as they are for other online criminal offences such as copyright piracy cases? If so, can software manufacturers in fact change their business models? There is no immediate solution to the problem. It is necessary to bring together multiple stakeholders to find a solution and prevention is a long way off.
Shilpita Sen:Predicted future opportunities for online sexual gratification:
Where once online sexual gratification was limited to the one-sided viewing of internet pornography, there are three emerging areas of sexual gratification – remote sex, virtual sex and robot sex. Although still in its infancy, remote sex is now a reality. Most forms of remote sex are achieved by way of haptic technology, the science of transmitting a sense of touch by applying force feedback, vibrations, and motions to the user. All of these will be enabled by internet technology and bring greater problems to the definition of online infidelity. By 2020, according to engineer and futurologist Ian Pearson the world could see full-immersion sex suits, capable of transmitting sensory information between partners and allowing a person to see and hear a virtual sex partner as if he or she was in the same room.
Thus online infidelity and virtual sex "is and will be confounding how we define some of our most basic beliefs about sex, intimacy, and relationships.”
The impact of which is indeed emotionally crippling.
An International perspective on Cybercrime: complexities and way forward
Professor Indranath Gupta
April 14th - 15:00 | Room 103
Shilpita Sen
Professor Indranath Gupta
Professor (Dr.) Sanjeev P. SahniMs. Garima JainDr. Manjushree PalitMs. Astha DhandaProfessor (Dr.) Brajesh KumarMr. Pratik Dash Kumar
18
Cybercrime essentially consists of organized criminal activity, which may include both known and unknown victims. The term Cybercrime has different connotations for different sets of individuals i.e.
From the side of a victim
The association that it has with the perpetrator
The intermediaries
The law makers
The legislation
Thus Cybercrime is complex for the law and law makers to make laws.
Chinmayee K Udapudi
There has been a rise in cybercrime and the extent has also increased. In a nutshell, we are shocked by cybercrime, but also expect to be shocked by it because we expect it to be there, but - confusingly - we appear to be shocked if we are not shocked (if we don't find it)!”
― David S. Wall, Cybercrime: The Transformation of Crime in the Information Age
The biggest myth in the cyberspace is 100% security.
The IC3 is a valuable resource for both victims of Internet crime and the law enforcement agencies identifying investigating and prosecuting these crimes.
The Top 5 countries ranked on the basis of 'compliant' are US, Canada, UK, India and Australia. It has been reported that there has been a 40% annual increase in Cybercrime cases between 2012 – 2014. And the offenders age is between 18 to 30.
Pratik Dash Kumar
The countries have used a 2-tier approach i.e. Domestic Laws and International Efforts. The strongest domestic laws are followed in: Japan, Indonesia, China, Singapore, India, and Thailand.
International Efforts:
➢ Council of Europe, Budapest Convention on Cybercrime, CETS No. 185
➢ Directive 2013/40/EU on Attacks Against Information Systems, 2013
➢ Proposal for a ‘Cybersecurity Directive’ pending negotiation at Council of Europe.
Not all countries signed the Budapest Convention because not all the countries were a part of the drafting process.
➢ United Nations
➢ Other organisations
E.g. OPEC, NATO, APEC, VGT, SACCWG
If a 2-Tier approach is already in place then why hasn't the menace been stopped yet. The proposed answer is an international treaty but the Budapest convention did not work the last time.
Dr. Sanjeev P. Sahni
How is cyber crime different from crime? The psychomotor ability of a cyber-criminal is much higher than that of an ordinary human. The people who are high on cognitive ability is high on IQ. Cybercrime is definitely a criminal behavior. It’s a behavioral issue and thus has to be linked to the theory of needs.
Garima Jain (Neutralisation in cyber crime)
The Internet enables individuals to easily commit criminal activity for 4 reasons:
Anonymous Communication, it is transnational, it has created a shift in thinking from ownership of physical property to the ownership of idea and it is relatively easy. Justifications given by people after committing any crime are
• Denial of Responsibility
• Denial of Injury/ Denial of victims
• Condemnation of Condemners
Lack of knowledge is also a reason for people indulging in cyber crime. Distance between the victim and offender in cyberspace is also a prime factor.
Self control: This is an era of instant gratification. We are in the age of technology and instant gratification – self control is very essential hence behavioral aspect should be taken into consideration by law makers.
Brajesh Kumar (Economics of Cybercrime)
Difference between crime and cybercrime is the unique structure of crimes commited.
Structure: High Skill, higher degree of globalization, new-ness
Economic Factors Affecting Cybercrimes: Target Attractiveness and Economic conditions
Cost Benefit Analysis: A cybercrime is committed if: Mb + Pb > OCP + OcmPaPc
Estimation of Cost is important because decision to invest to reduce the risk depends on Risk-Return criteria.
• Vicious cycle and diff. to break
• Growing Industry
• Stealing of personal information
Some countries lose more than others due to lack of understanding about risk of cybercrime and lack of cyber protection.
Model :
Dependent variable:
• Cost of cyber crime
Independent Variable:
• Per capita GDP
• IT index
Develop a scale
Cyber protection Law index
Develop a scale
• Some control variables (economic condition, region, culture, language, behavioral)
There is a dire need of an empirical Model to understand the reasons of cybercrime.
Astha Dhanda (Public pvt paternship to combat cyber crime – A suggestive crime based model)
Model Outline:
1. Identify the crime
2. Indentify the nature of the crime
3. List the stake holders
4. Understanding in what manner their IT capacity can be increased
5. Build a model to combat the crime.
Classification : IT mediated & Pure IT
Ppp model : International & Domestic
Empowering the stakeholders:
o Increase public awareness in a systematic manner by expert involvement.
o Police capacity building be sensitizations trainings and legal awareness
o Partner with the IT firms and social media
o Implement an IT education system in schools that educates the students and teachers of the consequences
Model: International model
• Build a forum for collaboration of different countries to mutually understand and act against child pornography.
• Interstate collaboration through treaties, etc.
• The Government should make contracts with social media firms where if they are found violating the cyber surveillance clause, they can be held liable to pay compensation.
In the contest of our discussion we have taken our time to look into so many researches and people’s perception on the death penalty, the puzzle remains if the death penalty is painful or gainful? Which of all the criminal acts is worth the death penalty? Should the death penalty be abolished?
Innocent people are being executed every year because of a crime they did not commit, some are due to false witnesses, while some are because of their social economic status. With the necessity for objective evidence in mind, it's of note that during the past decade there has been a noticeable national shift towards a de facto ban on capital punishment, since 2007 so many countries have done away with the death penalty.
Dr. Bonny Forest stated that so many people have been exonerated from death roll while others can’t simply because they have no advocacy. She stated that it is better to spend money on the young mind to get them on track, because a lot of people on death row have had a lack of parental care or educational upbringing. This makes them become law breakers in society. She stated that the best time to get societal reforms to individuals is during the pre-school age. Therefore it is better to catch the young than spending money in the long run.
Prof. Michelle Miao discusses the legislature, judiciary and the public opinion. She said that both the judiciary and the legislature are trying to reform China’s law amendments. The Court has at its fingertips viable objective data from various state legislatures and evidence of decreasing death verdicts by juries, both of which demonstrate a national shift is indeed occurring.
Implementing Victim Rights and Victim Services: Human Rights, Best Practices, Performance Standards and Training
Irvin Waller
April 14th - 13:00 | Room 103
Fraser Bryans
Irvin Waller
Marc GroenhuijsenMichael O´Connell
25
Irvin Waller, President, International Organization for Victim Assistance, moderated the meeting. He recalled the 1985 resolution of the UN General Assembly 40/34 that resolved to prevent victimization and implement the Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power. He stressed that the Congress should give urgent priority to contributing to sustainable development by using compelling scientific knowledge and UN norms to reduce:
• Epidemic rates of street violence in many countries in Latin America and some countries in Africa and elsewhere – more than 400,000 homicides – yes a statistic but 400,000 tragedies (UNODC);
• 1 in 3 women will be victims of intimate partner violence in their lifetime and equally unacceptable numbers will be raped – yes another statistic that represents tragedies (WHO);
• The woeful number of developing countries who do not have programs to meet the loss, injury and trauma suffered by victims and the secondary victimization when cooperating with authorities in criminal justice;
• The lack of serious investment to shift from only reacting to crime to reducing crime victimization by using scientific methods of violence prevention (WHO/UNODC/UNDP) or agreed UN standards and norms and so are unnecessarily wasteful of human lives and scarce resources – Pay now or more later.
Marc Groenhuijsen, President, World Society of Victimology, overviewed the progress since the UNGA resolved to implement the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
He stressed the legal reforms that have reinforced restitution, state compensation and victim impact statements. He pointed to the spread and professionalization of victim support programs and the advances in evidence based policy. He highlighted the rights for victims in the International Criminal Court.
But he was concerned by the gaps in implementation, include such basic issues as the high proportions of victims who are not informed (50%) and the continued lack of respect in too many cases. Victim surveys show that victims are often most dissatisfied in situations where promises have been made to do more.
He pointed to situations where politicians have hi-jacked the agenda to help victims to pursue punitive policies that not only do not meet the needs of victims but trample on advances in rights for accused and convicted offenders, such as minimum penalties. It is important to avoid the trap of the alleged victim instead of the victim of the alleged crime.
He wanted much greater emphasis on 1. Funding of victim services and rights, 2. Training of officials, including judges, 3. Victim rights being treated as human rights, 4. Enforcement of rights through victim commissioners, ombudspersons, and 5. Use of alternative procedures to the traditional criminal justice system such as mediation and restorative justice.
Michael O´Connell, Commissioner for Crime Victims, South Australia, talked about the psychological and emotional impact of crime on victims. In his jurisdiction, there is no mandatory, legal obligation to tell victims their rights, although the Police Commissioner has issued a directive that police distribute a booklet on victims’ rights, victim assistance and the criminal justice process (among other items) when victims report offences. In the best performing Police Service District only 70% receive it and in some districts the percentage of as low as 40%. Most victims’ rights are written in the passive – obliging public officials to act only if the victim asks.
Australia’s Attorneys-General established a National Victims of Crime Working Group that has devised a National Framework on Victims’ Rights and Victim Assistance. All States and mainland territories have a victims’ rights declaration, a victim assistance programme and a state-funded compensation / financial assistance scheme. There are differences across jurisdictions and no desire to introduce uniform victim-centric law, assistance or compensation scheme. The National Working Group has therefore focused on procedures to facilitate cross-jurisdictional co-operation and to guide such an implementation plan has been devised and a series of projects are being undertaken.
The National Working Group has acknowledged that cultural change (resulting in attitudinal and behavioral adjustments) is essential if the promise of victims’’ rights is to be achieved. Thus, it has recommended training for police, prosecutors and judges.
Commissioner O’Connell outlined ways he helps victims dealing with the criminal justice system or other justice system. He mentioned for example that victims can be represented in a coroner´s inquiry; and such inquiry can play an important role in systemic ‘cultural’ / organizational change. He also stressed the difference between services being available and being accessible; and warned that it is easier to proclaim services are available than to make such services readily accessible, in a timely manner that matches victims’ needs, which might change over time.
Regarding his functions, he elaborated on the importance of advocacy at various stages of the criminal justice process – and mentioned, by example, advocacy for a victim during pre-trial process, such as charge-bargaining and at trial. He has engaged legal counsel to assist victims prepare to meet the prosecutor; to consult before giving evidence; and to advise on the content of a victim impact statement. He performed this function in addition to that of victim ombudsman. He pointed out that he could require officials to make an official apology to aggrieved victims.
Sherri-Lyn Young, Director of the Africa Program, International Organization for Victim Assistance, stressed the importance of technical assistance and training that brings experts from other countries to East Africa to be culturally centred. She called for training that is trauma focused and victim centred. She discussed the importance of victim and public participation in relations between police and the community.
Questions from participants focused on the importance of police officers providing information and referrals to victims and the importance of measuring whether programmes were meeting the needs of victims as many are not.
Investing in Violence Prevention for Sustainable Development
Irvin Waller
April 13th - 10:30 | Room 101
Marlyn Jones
Irvin Waller
Anna Alvazzi del FrateChristina Goni
20
Irvin Waller highlighted the conclusions from his new book on Smarter Crime Control that shares the extensive knowledge accumulated on what is effective in reducing violence on the street and in our homes. He included examples of cities in Latin America and Europe that have reduced street violence by more than 50% within a decade. These strategies tackle identified risk factors such as poor parenting, youth exclusion, attitudes to violence, access to alcohol and availability of firearms. They are much more cost effective than reactive law enforcement strategies. Therefore, there is a compelling business case to invest in these violence prevention strategies to reduce violence and so contribute to the Sustainable Development goals.
Anna Alvazzi del Frate highlighted the considerable data available on the use of firearms in fatal violent crimes in different parts of the world. She critiqued traditional methodologies of measuring such violence, advocating greater use of observatories to understand the pertinence of the data for the development of violence prevention strategies. She discussed ways to develop and integrate research-based responses and adoption of best practices for crime prevention.
Cristina Goñi presented a project funded by the European Union to develop effective violence prevention and citizen security programs in 15 Latin American countries, including Mexico, Uruguay, Columbia, Ecuador, Panama, Chile, and Peru. The project developed a framework based on current violence prevention knowledge and then worked with the countries to develop plans to invest in effective violence prevention. This project in 15 high violence countries provides a model for other parts of the world.
Capacity building on cybercrime
Alexander Seger
April 17th - 15:00 | Room 103
Erkut Cakmak, Cinzia Miotto
NA
Alexander Seger
Geronimo SyPedro VerdelhoKritananda Naghee Reddy
45
The purpose of the session on “capacity building on cybercrime” is to illustrate how policies agreed upon by the UN Crime Congress and Commission on Crime Prevention and Criminal Justice can be translated into specific action, and to encourage bi-lateral donors and international organizations to further expand capacity building programmes and to seek synergies between different initiatives. The need for infrastructure was highlighted such as the C-PROC (Cybercrime Program Office of the Council of Europe in Bucharest, Romania).
Geronimo Sy made a brief introduction about cybercrime and how this has evolved in the last decade. Priority themes mentioned in his presentation were: online child abuse, online fraud, and network security. He also highlighted the need of appropriate training of law enforcement authorities, prosecutors, judges, public attorneys, state counsels, and other government agencies on cybercrime. Sy focused on the themes of: partnership with academic-digital forensics courses, procurement of digital forensics equipment, OOC data centers, access to NCMEC VPN, ratification of the cybercrime convention, cybercrime MLATExtrad Desk, and the Cybercrime Prevention Act v.2.
The session then presented a case study on the national cyber security strategy of Mauritius. The Mission and vision of this strategy is 'to integrate information security firmly into the basic structures of the information society, and enhance the cyber threat preparedness of Mauritius and managing disturbances caused by these threats'. Challenges were listed as: strategic coordination among institutions, enforcement mechanisms and legal status, control standards and guidelines, centralized vs. decentralized incident reporting, data interception and retention at the gateway level, and public awareness.
Lastly, capacity building in terms of legislation was mentioned. It is stated that cybercrime is the most transnational of all crimes, and a strong and supported legislation is essential to fight this. Statistical data and examples from Latin America were included in the discussion on legislation on cybercrime and electronic evidence.
Consolidating the Criminal Reform Procedure: The Adversarial System in Panama
Augusto Lavieri
April 15th - 13:00 | Room 106
Olumide Oniyide and Dahunsi Oluwafemi
Andrew Reche; Anna Boira i Valls; Joshua Hunter
Viginia De Maigus
José Eduardo Ayú Prado Canals
22
Consolidating the criminal reform procedure: The adversarial system of Panama.
The meeting was presided by the the President of the Supreme Court of Panama Mr., José Eduardo Ayú Prado Canals,he presented a case of the improvements in the judiciary system of Panama and highlighted the procedures and development of the court system in Panama.
The system allows both the Public Ministry, Plaintiff, if any, and defense to all have the same opportunities, with an independent judge will decide whether the person who has been charged is absolved or sentenced, based on evidences shown at the hearing or the oral proceeding.
The aim of these developments were to achieve positive goals in the justice system within a defined timeframe and to ensure the rights of people according to the agreements with the international community.
Immediate Access to Justice: Fewer judicial delays with less time required to resolve a case. (148 days = -65.16% ). These developments also include freedom to investigate criminal cases.
Part of the development of this Justice system include (a)Oral justice has been put to consideration(b)Greater proceeding in solving conflicts(c)formal justice system and traditional justice system are also been put into considered(d)victims has assess to personal interdisciplinary support.
Promoting International Cooperation through Operational Prosecutors’ Networks against Transnational Organized Crime.
Augusto Lavieri
April 16th - 13:00 | Auditorium 1
Lawrence Mitchell, Adrian Strong
Michael Walne; Jessica Johnstone; Ana Vazquez Fernandez; Anna Boira i Valls
Virginia de Abajo Marqués
Jorge Chavarría GuzmánGiselle MartinThelma AldanaAmado Philip de Andrés
28
Central America has been a leader in the global initiative to establish networks of prosecutors. The Regional Network of Prosecutors against Organised Crime (REFCO) aims to establish a regional school of prosecutors for the 8 countries in the Central American region.
Jorge Chavarria Guzman: REFCO started with help of UNODC. Successfully prosecuting transnational organized crime at both the national and international level also requires prosecutors to respond at a transnational level. REFCO encourages prosecutors to meet with each other and share experiences and challenges. The basis of cooperation is trust and for trust there needs to be a relationship not just a signature on a treaty. The three objectives of REFCO are: 1). Establish training programmes for prosecutors. 2). Change the way in which prosecutors think, if it is a transnational case, the prosecutor must think wider than his/her own national interest. There is a duty to pass information on to prosecutors in other states who may be able to use it and to carry out investigations together. 3.) Strengthening cooperation on operational and judicial matters. The Central American Region is seeing results with a number of successful prosecutions as a result of greater regional co-operation. There is a need to train specialized police officers who work in different areas and to provide the tools needed to fight transnational crime.
The pillars for REFCO are: co-operation, regional training sessions (responsive to the needs of the national prosecutor), capacity building, technical assistance and spreading the visibility of the network with the help of the UNODC.
More than 1,000 prosecutors have been trained by REFCO and 20+ workshops held. Crime networks are very fluid and present themselves in many countries. The response needs to be similarly fluid and transnationally the aim must be, with the help of the UNODC, a network of prosecution networks on a global scale. Prosecutors need to come together, co-operate, assist each other and share information, experience and evidence in order to deal with most powerful transnational criminals.
Thelma Aldana: The establishment of the Central American School of Prosecutors is a transnational response to train elite prosecutors to tackle transnational organized crime. It is not a substitute for existing national prosecutoral training, but a complement to it. The aims of the school are to create common procedures between countries that all prosecutors are aware of and an online training platform to inform prosecutors of developments in tackling transnational organized crime. The aspiration is for a university accredited regional masters programme and Panama has provided assistance for the School by providing the site for it to be built. The mission of the school is to provide training resources for all, training for trainers and keeping public ministers aware of good practice and success on a global level so those successful practices can be applied at a regional level. The school will be a year long MA program and they are in the process of cataloging courses.
Questions: There are a number of challenges not least the various national constitutions that may not allow sharing of information and cooperation between judiciaries. However, Latin America is one of the regions that draws most often on international instruments such as UNCAC and UNCATOC as the basis of cooperation and cooperation between states in the region is already present.
REFCO must first make the network function on the regional level as it is intended to do but it aspires to co-operate with other networks globally. REFCO will not have the resources to deal with that and will look to the assistance of the UNODC to create a network of networks.
Internet Finance and Crime Prevention
Ms Wan Juan
April 16th - 13:00 | Auditorium 2
Cinzia Miotto
Fan Wang;
Dr Eduardo Vetere, Vice President of the International Association of Anti-Corruption Authorities
Dr Ye Feng, the Secretary General of International Association of Anti-Corruption Authorities, the former Vice President of the International Association of ProsecutorsMr. Qin Hongtao, President of Hengchang Credit, ChinaProfessor Zhao Binzhi, President of China Criminology Society, ChinaProfessor Xu Hanming, President of Hubei Developing Strategic Academy for Rule of Law, ChinaProfessor Wang Xiumei, Beijing Normal University, China
25
Mr Wan Juan Introduced the hosts and briefly described how Internet finance is influencing Chinese economic and development.
Qin HongTao (President of Hengchang Credit): spoke about merging platforms of internet finance and technology. He described the high risks of fraud and money laundering and spoke about the dedicated team of professionals researching and studying specific cases and threats. This data has to be highly protected but as a result there will be a lower rate of internet crimes with these new improved systems.
Prof. Sun Chang-yong: Spoke about cyber finance crimes and its threat to both consumers and business and the increase in e-commerce popularity in mainland China. Prevention of internet finance crimescan be aided through enhanced internet finance thresholds and standards. Entities must be qualified before becoming involved in financial security matters. Secondly, the strengthening of regulations on internet finance, especially on foreign institutes will play an important part. 70% of internet financial crimes are conducted by mainland entities in partnership with foreign countries. Thirdly, regional and international cooperation is a must. Fourth, legislation has to be promoted. Traditional laws are not suitable for internet finance crimes. There must be law for e-commerce and the delivery of e-products.
Prof. Wang Xiu-Mei:
- Background history of internet in China, started in 1992. Internet finance is promoting economic development (third-party online payment, online wealth management product distribution, peer to peer, P2P, lending, crowd funding).
- Challenges in China: Illegal fund-raising, money laundering, crime of fund-raising frauds, crime of relending loans, crime of encroachment on safety by exposing personal information of individuals;
- Policy and regulations for internet financial crimes: the criminal law should fully respect the rationality of the existence of internet finance and affirm its financial innovation. The intervention by criminal law in the financial crimes caused by the internet finance industry should adhere to the timelines, accuracy and moderation.
Prof. Xu Han-ming:
Big data has delivered a huge amount of information; more importantly the new era of big data has transformed people's lifestyles. Human society has entered a new era of information resources, usage and implementation. Big data has posed challenges for the internet financial system;
1. Lack of talents in internet cybercrime, big data and internet finance. Internet security has become an issue for both developed and developing countries;
2. Intellectualization of identity, digitalization of crime prevention and methods.
Reasons for internet financial crimes: Internalization of internet, Globalization of technology, lacking legislation, monitoring and supervising.
The USA serves as example for internet financial crimes prevention. The UK combines government administration with legal control and prevention. Japan can also be an example through their rigid regulations for internet financial crimes. Germany also has been developing regulations to prevent internet financial crimes.
Strategies to prevent and control financial crimes:
Theories have to be combined with practices. Multiple punishments have to be implemented to tackle this problem. A higher number of criminal institutions have be working in partnership in order to combat transnational and trans-border crimes. Stricter rules concerning electronic signatures should be promoted. The government has to play a key role in preventing cybercrime from the source. Industry supervision should also be combined with the governmental role. It is important to act from the source. International cooperation is essential to combat internet financial crime.
Is it possible to reduce the rate of internet finance crime and still enjoy the benefits of big data? Technical innovation can bring advantages as well as side effects in the new era of big data. The efficacy of cross jurisdictional governance and cooperation is paramount.
Doctor Zhou Zhen-jie : Civil law and criminal law. There are different sanctions: criminal law has more standards. It is possible to confiscate the gains generated from internet finance crime? The financial sector should also be responsible for assisting in the prevention of internet finance crime.
Responsible Gaming and Crime Prevention
Ms Wan Juan
April 16th - 15:00 | Room 106
Erkut Cakmak & Cinzia Miotto
Huishi Hu; Yuan Zhang
Dr Eduardo Vetere, Vice president of the International Association of Anti-Corruption Authorities
Dr Ye Feng The Secretary General of International Association of Anti-Corruption Authorities, the former Vice President of the International Association of ProsecutorsMr Fu Xinchen Director of Administrative Committee of Yicai Foundation, ChinaMs Angela Jing General Secretary, Yicai FoundationMr Gengguang LIU Deputy Director General, the Policy Research Centre, The Ministry of Civil Affairs of People's Republic of China.Mr Fong KA Chio, Davis Director of the Institute for the Study of Commercial Gaming University of MarcauVincent Yang International Law University of Saint Joseph Pro-RectorOleksandr Shynalskyi Member of the Executive Committee of IAACA of the Ukraine Association of ProsecutorsAlison Lau Shenzhen New Concept Technology Company Limited ChairwomanYu Wensheng Jim Senior Deputy Manager General, 500.com
55
The session focused on “Responsible Gaming and Crime Prevention”. It is mentioned that the problem has never been tackled before by the United Nations. Fu Xinche, the director of the Administrative Committee of the Yicai Foundation, made the opening remarks by showing appreciation to the participants. Xinche also highlighted the importance and contribution of the Yicai foundation to the gambling, gaming, and crime prevention world. Gengguang Liu, Deputy Director General of the Policy Research Centre, the Ministry of Civil Affairs of People’s Republic of China, gave brief information about the history of China and China’s social welfare lottery. He also mentioned how the lottery transformed from a local event to a worldwide known, nation-wide significant event. Liu concluded his presentation by mentioning the administrative and economic system of the lottery. It is stated that the lottery is regarded as a safe and responsible gaming event, and statistical data is also provided by Mr. Liu.
Ambassador Zvekic gave a presentation about gambling and organized crime case study in Italy. Zvekic provided statistical data on proceeds of Italian organized crime, as well as Italian organized crime groups' revenues from illegal activities in Italy. He also highlighted some facts about how organized crime control gambling, by shifting focus from illegal gambling sites to legal gambling activities. Organized crime groups have two types of control over gambling: direct control, by acquisition of gambling licenses, and the other type is indirect control, through extorting protection money from managers of legal gambling sites. These organized crime groups maintain their competitive advantage by: corrupting public employees; managing of betting rooms, gambling sites, and slot machines; and money laundering.
Fong Ka Chio, Davis Director of the Institute for the Study of Commercial Gaming University of Macau, highlighted the problems in gambling including addiction and cheating, which creates major issues among individuals. He also mentioned how these problems in gambling affect an individual’s life, as well as typical characteristics and personalities of illegal gambler. Illegal gambling would also affect an individual’s family, friends, loved ones, as well as the staff that is working at the venue. Chio concluded that cross-border cooperation and information sharing would have a major impact on the battle against illegal gambling and crime prevention.
Yu Wensheng Jim, Senior Deputy Manager of 500.com, gave a brief introduction about the administrative structure of China's lottery. Jim also presented the 500.com website (online sports lottery website) and mentioned that it is China’s biggest online lottery website. He explained the modus operandi of his website. Following the basic information, Jim highlighted the methods that 500.com used in order to regulate responsible gaming, such as: requiring national ID cards to register; several ID verifications; setting a daily limit; and, not accepting credit cards.
Alison Lau Shenzhen, Chairwoman of New Concept Technology Company Limited, focused on the lottery in China and positive developments such as: entertainment of the individuals;, diversified networks; and, availability of new and better types of gaming.
Vincent Yang, International Law University of Saint Joseph Pro-Rector, highlighted several facts about the reasons of the downfall of legal gaming in China. Gambling is illegal and a criminal offence in China, therefore, nearly all the persons that are gambling in Macau are Chinese. Macau and Beijing agreed to have a pragmatic cooperation to fight corruption. Yang also stated facts about legal problems of mutual legal assistance.
Promoting interregional and international law enforcement cooperation through the Networking initiatives
Global nature of organized crime requires strengthening of international cooperation and the exchange of criminal intelligence. The United Nations Office on Drugs and Crime promotes the establishment of regional structures and platforms to support cross border and regional cooperation between prosecutorial and central authorities, law enforcement agencies, and financial intelligence units. The new “Networking the Networks” initiative aims at developing /strengthening cooperation links between these regional and international structures in order to support multilateral, long term operations and investigations of the cases having inter-regional links and targeting organized crime. The links are being built also with the Egmont Group Network of FIUs, to ensure better coordination of the law enforcement and the prosecutorial networks with those of FIUs . Support of various international organizations such as INTERPOL, EUROPOL, WCO, and others, is vital in promoting cooperation, coordination, and exchange of intelligence and information for tackling organized crime. Successful operations of INTERPOL and WCO involving a number of international and regional agencies, clearly indicated potential of the networking initiatives. UNODC is also aiming at promoting networking of the law enforcement training and educational institutions (“LE TrainNet” initiative) to enable them to exchange curriculum, training manuals, methodologies, best practices as well as trainers to save efforts, resources and to reach a certain level of standardized approach in delivering universal training in law enforcement and special investigative techniques. This work will be implemented in coordination with INTERPOL, WCO, and other relevant international and regional entities.
Comprehensive Development of new prisons from UN Rules
Rebeka Berruti
April 15th - 17:00 | Room 102
Christopher Sidiropoulos and Precious Onovo
Anna Boira i Valls; David McCafferty; Ian Johnson
Rebeka Berruti
José Julio DíazElías Carranza
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A major problem facing justice systems globally is that of prisons. Many penitentiary systems around the world lack sufficient infrastructure and training of prison personnel, which has led to overpopulation and the formation of groups and gangs within penitentiary facilities which in turn has led to a rise in criminal activity within those facilities. Understaffed prisons and insufficient training of prison personnel, has led to a huge disparity in prisoner-to-guard ratio and a general environment of suspicion and hostility between prisoner and prison employees, which in turn prevents the fostering of the rehabilitation of the incarcerated. This is especially apparent in Latin America and the Caribbean, where the prisoner-to-guard ratio is over 20 to 1 in some countries in the region.
Global trends point to a strong correlation between the incomes of states and violent crime rates, particularly homicide. The trends reveal that, in most cases, countries with low incomes have higher than average homicide rates. This means that improperly distributed income leads to higher homicide rates, which explains part of the reason for overcrowding in penitentiary systems.
There is a strong need for reform of penitentiary systems in many countries. There needs to be restructuring of prison infrastructure to tackle the problem of lack of space and overcrowding. The Conference of Ministers of Justice of Iber-American Countries (COMJIB) has formulated a comprehensive plan to tackle the problems facing penitentiary systems, divided in four phases: institutional phase, design and location phase, documentation phase, and construction and delivery phase.
An additional area in need of reform is the treatment of the incarcerated. Prison personnel need to receive the proper training to provide an environment fostering the rehabilitation and the preservation of the human dignity of the incarcerated.
Cybercrime in Latin America
Diana Español
April 14th - 10:30 | Room 105
Catherine Alexandrina Nakayenga, Yarisa Walsh
Ana Vazquez Fernandez; Silvia Diez Ginestar; Joshua Hunter; Candice Jones; Samah El Khattam; Noha El Sawah
Diana Español
Fernando MiróCelso Gamboa
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Fernando Miro started the meeting and explained the three main categories of cybercrime in Latin America: i) Economics crime, ii) Political Crime, and iii) Social Crime
Economics Crime entails fraud. That is obtaining benefit in financial gain.
Political Crime connects to Cyber Spying which is common in South America. Political Crime also involved using the internet to escalate or create violence and to incite people to commit terrorism. [Example: attack on Costa Rica.]
Social crime entails sexting, cyber bullying, hacking, copyright infringement and child pornography.
Child pornography entails grooming a minor in an illicit sexual activities, contacting a minor to obtain or take part in pornography and/or streaming it online.
How to respond to Cyber Crime
- Prevention through the application of sets of rules.
- Educational strategies.
- Regulating the obligations of ISPC. For they need to be more commited in checking cyber crime because they are the people who ultimately control the internet.
- International cooperation is a necessary requirement.
Tools to fight cyber crime (COMJIB – recommendation to fight cyber crime)
- Punish the criminals for access systems without authorization
- Install Data protection
- Encouraging States to create a new legal framework
- Flexible international co-operation
- Denial of service is a criminal activity which stops access to a website or a system
- Create awareness
- Facilitate sanctions on national and international level.
Victim justice system: Enforceable Rights for Victims
Beulah Shekhar
April 16th - 13:00 | Room 106
Chinemerem Ikpa, Christopher Sidiropoulos
Beulah Shekhar
Micheal O' ConnellSam GarkaweJo-Anne WemmersJohn DussichMangai Natarajan
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The main challenge that arises when addressing the issue of victim rights is the enforcement of those rights. To ensure the protection of victim rights must entail having them written and acknowledged by the justice system. The United Nations Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power as well as the earlier Universal Declaration on Human Rights serve as part of the international framework upon which victim rights have evolved domestically as well as in international legal jurisprudence. They also offer guidance on what should be protected albeit that 'enforcement' of such rights is questionable, even non-existent.
Research in various countries, including USA, India, Canada and Australia, shows consistently that the implementation of victims' rights throughout the world has been patchy at best and non-existent at worst. Victim participation in the criminal justice process is a critical and challenging issue but also ensuring enforcement of victim rights is essential if victims' rights are to advance from rhetoric to reality for those victims who chose to exercise their rights.
The USA federal law presents one method for 'enforcement' through the writ of mandamus and legal counsel in limited circumstances in pre-trial and in-trial proceedings, but whether such has truly improved the plight of victims is yet to be found. In India there is much law and grass-roots activity but the collective of these has not guaranteed stronger victims' rights. Thus, the existence of such law is not of itself a guarantee. In Australia, the Commissioner for Victims' Rights (South Australia) reported on four possibilities for strengthen victims' rights (that might be understood as 'enforcement'): monitoring compliance, facilitating compliance, enhancing compliance; and, enforcement (via existing disciplinary mechanisms, consultation and apology, and penalty). Canada has a history of embracing victims' rights laws, so 'in law' fulfilling its international obligations and meeting domestically victims' and their advocates' expectations. Notwithstanding, the 'rights' are not enforceable, so arguably might be best construed as 'principles of justice' rather then legally enforceable rights; which raises the debate on whether victims' rights are genuine rights.
USA, India, Australia and Canada have nonetheless taken steps to improve outcomes for victims. There is an ongoing need for research to inform further debate in all countries.
The International Criminal Court (ICC) has three initiatives to address the issue: the presumption in favor for protection of vulnerable victims (automatically given unless challenged by the defense), giving discretion to the court to grant victims their own legal representation, and providing a mechanism for giving reparations to victims. Additionally, the ICC has various institutions for victims such as participation and reparation units, Office of Public Council, education, research, and advocacy.
Victim rights must be strengthened. This requires the monitoring of the implementation of current standards of victims’ rights and ensure they are met, and if not have a mechanism of remedial action. There must be a mechanism for the facilitation of victims’ participation in the criminal justice process. Victim rights must also be enhanced by giving them a stronger voice in the criminal justice process. Finally, and most importantly, a mechanism must be created to ensure that practitioners of the criminal justice system understand the intent of victim rights laws and that they are properly enforced.
Political aspects of crime prevention – and their effects on reducing crime
Slawomir REDO
April 17th - 10:30 | Room 102
Erkut Cakamk, Cinzia Miotto, Kelvin Rodriguez
Zosia Krasodomska-Jones; Jessica Johnstone; Laurence Martinot; Michael Walne; Catalina Sastre Fiol; Carmen Rus Rerez; Tarek Abbound; Eman AlSharkawi
Vongthep ARTHAKAIVALVATEE, Thailand Institute of Justice (Thailand, Bangkok)
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The morning session focused on the political aspects of crime prevention and their effects on reducing crime. Opening remarks made by Dr. Anna Alvazzi Del Frate, followed by a presentation on the political aspect of crime prevention. Helmut Kury gave a presenation on science versus public, media and politicians. He made remarks about how mankind tries to reduce crime by punishing, and if that does not help, increased severity of the punishments is applied. Kury also highlighted the fact that the public is not informed about crime and punishment, and its effects on social life and crime prevention. Kury mentioned that the death penalty should not be a punishment method, as it has no evidence on reducing crime or having a deterrent effect. Media has a major impact on the society; therefore, cooperation with the media is a critical approach to crime prevention.
Steven Malby made remarks about crime prevention and human rights obligations, and security of persons in the post-2015 agenda. Malby focused on political aspects of the matter, international human rights, and crime prevention. Malby also highlighted basic human rights violations and how crime violates human rights. Concerns on inclusion of peace, security, justice, and governance in the post-2015 agenda and the relationship to existing human rights obligations, fundamental differences and similarities between the Goal 16 obligations were also mentioned in the presentation.
Duncan Chappell focused on Australia’s approach to crime prevention and political effects on reducing crime by providing multiple examples and case studies from Australia, as well as the world. Chappell mentioned past incidents and how law enforcement and crime prevention bodies and legislations were affected by these, and how it is essential to have a proactive approach to the matter of political effects on crime prevention.
The final speaker of this session was Ambassador Ugi Zkevic, who recapitulated and focused on the general conclusions of the presentations. Zvkevic mentioned that political will and support is essential in crime prevention and crime reduction, stating that there is a positive correlation between these. Importance of having adequate budget and sufficient resources allocated to the crime prevention was highlighted by the Ambassador, both in the local, national, and international context. Furthermore, the creation of legislation, which in many countries does not exist, is essential in crime prevention. The Ambassador put emphasis on the abolition of the death penalty, and stated that no nation can be a part of the European Council with this form of punishment in force.
Women and children as victims, offenders and agents of crime prevention
Experts discussed various factors that surround the subject matter "Women and children as victims, offenders and agents of crime prevention". The topic is of importance because women and children belong to vulnerable groups and crime prevention, as well as anti-victimization assistance, are important for these groups in their present and future places in the society.
The discussion looked into various crime and drug abuse issues through the lens of prison reformers and educationists. The panelist discussed the long lasting impact of crimes on women and children especially that of drugs. It was stated that drugs affects the early childhood development of the kids as well as the parenting skills of the mother. Education was seen as an embodiment of soft power, that can change people's perception and belief's towards tolerance, peace and respect for rule of law.
The panelist came to the conclusion that strict monitoring ,prompt recognition and prompt response to violence will help to strengthen the rule of law and prevent the victimization of women and children.
Order of Presentation: Kittipong Kittayarak (Moderator); Mark Richmond; Rob Allen; Dr. Slawomir Redo; Dr. Jianhoang Liu and Prof. Emi plywaczewski.
“Implementing Non-custodial Measures for Women in Relation to Drug Offences”
Ms.Jirapa Sintunava
April 16th - 10:30 | Room 106
Rodica Popa
Vongthep Arthakaivalvatee
Her Royal Highness Princess Bajrakitiyabha MahidolDr.Eduardo VetereMs.Andrea HuberMr.Pithaya JinawatMs.Gloria LaiDr.Barbara Owen
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The UN Bangkok Rules serve as an international benchmark for non-custodial measures for women offenders. In Thailand, as in many countries, a high percentage of offences committed by women are drug-related. There is a clear link between women prison overcrowding and a harsh, punitive drug control laws. This panel examined such a link and exchange experiences in implementing this part of the Bangkok Rules in relation to drug offences.
The introduction of the session was delivered by Police General Chatchawal Suksomjit, Permanent Secretary, Ministry of Justice of the Kingdom of Thailand, followed by the keynote speaker of the session Her Royal Highness Princess Bajrakitiyabha Mahidol of Thailand.
Dr. Eduardo Vetere, Vice President, International Association of Anti-Corruption Authorities stressed the importance of implementation the existing UN rules, especially the Bangkok rules and underlined the efforts made by the Kingdom of Thailand in writing, implementing and promoting the rules. In 2010, in the Salvador declaration a inter-governmental committee was established and had a mandate for the revision of the rules. Since the adoption of the minimum standard rules in Geneva at the first congress, things have changed. As a conclusion, the UN General Assembly recognized the value and importance of the Bangkok rules and the standard minimum rules and the Bangkok rules need to be correlated.
Ms. Andrea Huber, Policy Director, Penal Reform International (PRI) talked about alternatives to imprisonment and that they avoid the high social and economic cost of detention and have proven to be more effective than imprisonment in preventing re-offending, in particular for minor, non-violent offences. The percentage of women offenders charged with these types of offences was particularly high. Both alternatives to pre-trial detention and to prison sentences however tend not to be gender specific, but tailored to the male majority of suspects and offenders. As the female population rose and gained more knowledge on the pathways of women to prison and the consequences not only for them but also their children and families, it served as reminder why alternatives for women offenders were so badly needed. These alternatives need to work for women, the services and interventions must be gender responsive.
Mr. Pitaya Jinawat, Advisor, Inspire Project, Ministry of Justice of Thailand, talked about Addressing overcrowding in women prison through reduction of drug offences: the Thai experience. In his presentation, he addressed the current situation of overcrowding in women prisons, major causes and impacts of the problem, role of the Inspire project in solving the problem and major achievements and challenges. Major challenges faced in implementing the Inspire project were: prevailing paradigm was not supportive, harsh drug policy and rigid drug laws, political parties, government and implementing agencies were afraid of conflicts with public opinion, power/interest groups etc. (which were under the influence of prevailing paradigm), quality of implementation of the government officers to enforce laws in certain part were not transparent (human rights neglect) and the court’s judgement in determining drug cases in circumstances of rigid drug laws to balance legal justice and social justice.
Ms. Gloria Lai, Senior Policy Officer, International Drug Policy Consortium (IDPC), presented experiences from Latin America on reducing the incarceration of women for drug offences. In South America more than anywhere the effects of war on drugs could be seen, which led to extremely disproportionate incarceration rates of women. In the period 2006 – 2012 the rate of women imprisoned has doubled, women stuck in a vicious circle of poverty and crime. Examples were given of what had been done on non-custodial measures for women offenders who were pregnant. However, in some countries if non-custodial measures were provided by law, they were not available for drug offences. Legal reforms: key drivers of prison overcrowding is the law. In Ecuador they amended the law where they make distinction of different types of possession. Costa Rica reduced the sentence for the women carrying drugs in prison.
Conclusions: More data to assess the scale and impact, measures focussing on prevention and development, proportionate sentencing frameworks, which take account of mitigating factors and alternatives to incarceration, with imprisonment as a last resort.
Improving the Quality of Crime and Justice Statistics - New Standards and Tools
The meeting reviewed various new mechanisms to further the development of statistics concerning criminal justice. The post-2015 agenda addressed the relevant and meaningful statistics needed to address issues of human rights. Recent talks in New York saw the formation of a roadmap for their development and assembled an expert group to produce global and national indicators.
Enrico Bisogno: There is need to develop tools for the classification of crimes that all can agree upon to become standards. Reports and definitions can be counted in different ways therefore establishing standards is a necessary component. Ratification of classifications should be codified concerning actual events. Statistical contribution should be obligatory from states to support this.
Adrian Franco: In 2009, Mexico developed a model for statistical evaluation. Because Mexico has three different territories that are all independent there was no previous coordination of statistics.
Han Kyun Kim: A baseline study was conducted in Korea in 2012 using questionnaires. Surveys were conducted every two years addressing the issues in identifying crime classifications.
Addressing HIV in prison settings: UNODC/ILO/UNDP/WHO/UNAIDS comprehensive package of HIV interventions
Ehab Salah
April 15th - 13:00 | Auditorium 1
Emma Trottier and Yetunde Ruqoyat
Not Available
Ehab Salah
Stefan EnggistDr Chileshe Chisela
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Order of presentations: Med Kaggwa (Moderator), Ehab Saleh, Stefan Enggist , Dr. Chileshe Chilesa
Experts discussed situations related to HIV and TB in prisons.
The session provided a detailed outline of the factors contributing to HIV transmission in prisons, including the overrepresentation of the key populations, poor prison conditions, low access to preventive, curative, reproductive and after care, and isolation of health services from public health programming. Panelists agreed that prisoners can face major challenges and barriers in accessing health care services that are in line with human rights standards and based on evidences. In many countries prisoners have very limited choice with respect to their health care services and accessibility to medical staff (). Because of these challenges, panelists reported that countries have a special duty of care for prisoners according to the UN Standard Minimum Rules for the Treatment of Prisoners. To address the issue of HIV/TB in prisons, the panelists discussed the need to have a multidimensional and multidisciplinary response. To begin, health ministries should be responsible for health care services in prison and should advocate for health care services in prisons equivalent to those provided in the community. Also health care for prison staff must be a major concern. Health care should be run independently from prison administration, as this would reduce the ethical issue of dual loyalty that health care workers face when they work under prison management. Other options discussed to address the issue of HIV/TB in prisons included reducing the use of pre-trial detention and reducing reliance on incarceration for people using drugs or who suffer from mental health disorders. Following the panel, a discussion was held on the challenges in providing adequate health care services in prison when a number of states struggle to provided health care services in the community. Questions were also raised about how non-governmental organizations can strategize to encourage states to develop and implement harm-reduction strategies in prisons. Panelists responded that there is need to continue to press states to introduce human rights and evidence based interventions in prisons, and that countries should be made aware of existing evidences indicating that harm-reduction programs in prisons (e.g., needle exchange programs) do not increase violence or drug consumption, but may dramatically reduce the incidence of communicable diseases, such as HIV/AIDS and Hepatitis C.
Alternatives to prosecution and incarceration for people who use drugs
Alternatives to Prosecution and Incarceration for People who use Drugs (In the context of HIV).
UNODC/WHO/ UNAIDS /World Bank estimate that there are 13 million people who inject drugs (PWID) and 13% of them living with HIV. Sharing injection equipment is responsible for HIV transmission among PWID. The international community has endorsed a comprehensive package for HIV services for PWID, including 3 priority evidence-based and most cost-effective interventions: needle and syringe programmes; opioid substitution therapy and access to antiretroviral treatment. The risk for being arrested deters people who inject drugs from accessing HIV prevention and treatment services and contribute to the low access of PWID to these interventions and to the continued HIV transmission in some countries. PWID have a high chance of going to prison. Statistics show that between 56% and 90% of people who use drugs will go to prison at some point in their lives. Access to health services is lower in prisons than in the community so spread of HIV in prison does occur and treatment under standard. Prisons are ineffective in addressing drug use, drug dependence and HIV . The international community has agreed on a new targets for HIV and AIDS by 2030. Alternatives to prosecution of people who use drugs is critical to achieve the goal of 75% reduction of new infections among people who inject drugs .
Alternatives to imprisonment of people who use drugs is part of International Regulatory Frameworks including the Human Rights Framework, the Drug Policy Framework and the Criminal Justice Framework. There are many existing good practices on alternative to incarceration at the different stages of the criminal justice procedure: (1) police diversions at the pre-trial stage; (2) diversion including to drug dependence treatment at the sentencing stage ; and (3) alternatives at the post sentencing stage including suspension of the judgement or parole. For example In Australia, in drug courts a person is allowed to get drug dependence treatment as an alternative to incarceration without being required to make a plea of guilty.
In Portugal, from the mid-1970s, transformations occurring in the society led to an increase in the illicit use of drugs. Illicit drug use remained below European average, but problematic drug use grew fast. A large proportion of those who experimented with drugs ended up becoming dependent. By the 1990s, almost every family had someone using drugs. Although drug dependent people are responsible for their behaviour, they have a disease and so should be helped. The measures that were taken in Portugal to help people who inject drugs are: (1) Decriminalization of drug use in Portugal. (2) A person that is caught with a small quantity of drug (consumable in 10 days) is referred to a drug addiction dissuasion commission where they have to appear within 72 hours. Decisions are tailor made for each individual; whether he/she is a one-time user or whether he/she is a dependent user. Fines, removal of permission to travel abroad and provisional suspension of the process are some of the measures that can be imposed to drug users by these commissions. In the majority of cases, the commissions determine the provisional suspension of the processes. This means that if there are no relapses, then the record is deleted. Due to the measures taken, including in the field of harm reduction, such as needle exchange programmes, there was a reduction in the HIV rates and overdose cases in Portugal. It was stated that there is no magical solution to the use of drugs but some positive changes were observed with the process of decriminalization of drug use. A question was asked about what sort of assessment tool was used to determine the type of drug user in Portugal and it was answered by saying that dialogue with drug user, social workers, health professionals and lawyers are used to determine this. A team of technical experts are also used to determine what sort is of help should be provided to the drug user. The first step is in many cases the provisional suspension of the process that works like a “yellow card” system. If there is a relapse, then other measures could be taken for example community work. They are never transferred to the criminal justice system. It is expensive to rehabilitate drug users but it is more expensive to keep them in prison.
Response to HIV among people who inject drugs is a health issue, an economic issue, and a criminal Justice issue. But incarceration is not an effective nor a cost-effective response to HIV and people who use drugs. It is critical to implement alternatives to prosecution and incarceration for people who use drugs to effectively prevent HIV among them and among the community around them. This point will be addressed in the discussions towards the 2016 UNGASS on Drugs.
Fight against transnational organized crime in Ibero-America
Diana Español
April 15th - 10:30 | Room 102
Ian Chapo and Nora Aly Shams
Joshua Hunter; Andres Reche Stitt; Michael Walne
Diana Español
María de los Ángeles Fromow RangelHoracio AzzolinCarla Bacigalupo PlanásCelso Gamboa
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The experts in this discussion focused on the success of Ibero-America and the continuous battle against transnational organized crime. Increasing advantages in technology have created new mechanisms that require international cooperation. Criminal syndicates established lucrative criminal businesses in human trafficking, drug trafficking, and money laundering. Ibero-America has successfully responded by operating cohesively in joint operations that combat against transnational organized crime. Representatives from each region are actively creating a borderless way of communicating and seeking solutions to ongoing investigations. Experts describe the new initiatives Ibero-America has designed to prevent, prosecute and punish transnational organized crime syndicates.
The critical partnership between police and civil society for HIV prevention among people who use drugs
Zhannat Kosmukhamedova
April 13th - 13:00 | Auditorium 1
Adrian Strong
Monica Beg
Nick CroftsEka IakobishviliZhannat Kosmukhamedova
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Prof Nick Crofts reviewed the statistics of HIV around the world today and concluded that progress in the response to HIV/AIDS has been driven by human rights but warned that punitive laws, policies and policing practices that violate human rights law risk blocking progress towards achieving targets in HIV reduction and Millennium Development Goals. Poverty, stigma and marginalisation increase the risk of HIV per se and drive the marginalised to behaviours that place them at greater risk of HIV. Police behaviours often part of the marginalisation process and interfere with HIV prevention by the harassment of HIV outreach workers, confiscation of condoms and syringes as evidence of sex work and drug use, confiscation of educational materials and prevention of HIV education activities on the grounds of being perceived by law enforcement as promoting illegal behaviour. Law enforcement agencies have a mandate to prevent harm to all the community not just parts of it and it is necessary to move police and law enforcement agencies from enemies to leaders in HIV prevention and that involves the police seeing HIV and those at risk of it as part of the community not separate from it. Law enforcement role in public health not unusual and helps in a number of different fields such as road safety. Prof Crofts identified the need to change police behaviour and reform of those laws that stigmatise, criminalise and discriminate against key populations (people who use drugs, sex workers, men having sex with men, transgender people) as necessary steps and even where legislation has been changed, experience of policing on the street frequently remains unchanged. Stigmatisation on the street and discrimination need to be challenged in the courts and police behaviour, attitudes and culture need to be changed. This is not an easy process as the police in general form a closed culture and the challenge is to engage with that culture and change it from within. The lesson from Amsterdam police approach to drugs and HIV harm reduction is to find common ground between HIV prevention and the police need to reduce crime. Police dehumanise communities at risk from HIV and vice versa. Activities that rehumanise each group in the eyes of the other and build bridges between the police and the of key populations have to be actively promoted. Dr Eka Iakobishvilli gave examples from her work building partnerships to prevent police violence against women who use drugs in Eastern Europe and Central Asia. A difficulty in the field is that there are only estimates for the scale of women who use drugs but are evident in the common problem of violence agains twomen by health institutions, the legal systems, at home and on the streets including violence from the police. Across the region there is an increase in the HIV population growing and a feminization of HIV. There are many points of interaction between the police and HIV, and women – drug use is a criminal act, sex work is a criminal act as well as women drug users being more likely to be arrested for acquisitive and petty crime. Gender based violence – family condemnation and the social stigma in Eastern Europe and Central Asia of women who use drugs often results in them being denied access to medical care, housing and welfare benefits frequently leading to homelessness which also brings women drug users into contact with the police. Problems between women drug users and the police isn't restricted to direct violence on the streets or in detention, evidence has been gathered of the falsification of criminal allegations, threats and intimidation. In Central Asia and Eastern Europe, countries that share a recent political history the law enforcement agencies are frequently politicized, militarized, centralized and lacking in sensitivity. A number of ways have been established of engaging with the police – internal and external mechanisms. An external mechanism has been by the systematic engagement of NGOs with the higher command of the police and by bringing administrative orders to force change. Other examples such as engaging the police ombudsman or NGOs putting pressure on the police to conduct effective investigations, particularly of detainees who have died in police detention, have also had success. Street lawyers educating women in their individual rights in relation to the police is also an effective strategy as well as reducing self-stigma. Civil Society oversight of police, especially the monitoring and inspection of places of detention, National HR Institutions, drug policy reforms/sex work decriminalization and community involvement in the issues of female drug use are all important strategies. Internal mechanisms are also necessary; for example establishing a special division for civilian complaints, hotlines, inspection monitoring and evaluation regimes and better training. In another example cited by Dr Iakobishvilli, finding an officer interested in the issue and supporting her to engage with colleagues has been effective. Dr Zhannat Kosmukhamedova spoke of the UNODC response among two key groups - drug users and the prison community. HIV is not just a health issue but a HR and criminal justice issue. The UNODC response has been to focus on 24 High Priority countries, engaging key in-country stakeholders, focusing on identifying the bottlenecks and obstacles to developing and scaling up HIV programmes and then developing a country specific priority work plan. A strong multi sector partnership between Law Enforcement Agencies, Civil Society Organisations and Community Based Organisation is critical to overcome bottlenecks to HIV prevention and reduce stigma from the risk of HIV from intravenous drug use. Workshops have been held in 16 countries since 2013 as part of the international HIV plan. A key part of the UNODC response has been the manual for law enforcement officials; "Training manual for law enforcement officials on HIV services for people who inject drugs". There is still a long way to go. Major barriers continue to exist in relation to HIV and harm reduction services. Drug control systems rely on sanctions and imprisonment rather than evidence based health care and HR compliance.
The U.S. hosted ancillary event, “Combating Wildlife Trafficking on the Internet” held a panel of experts from NGOs, intergovernmental organizations, and the private sector to an audience of 40 participants attending the UN Crime Congress. Wildlife trafficking and poaching has reached unprecedented levels globally. This phenomenon has led to the fostering of corruption, undermining of the rule of law, harming local economies and sustainable development. The convergence of the booming use of the internet and the insatiable demand for illegal wildlife products has further exacerbated internet wildlife trafficking. The internet has provided a limitless platform for the illicit wildlife trade. Panelists discussed recently released reports on internet investigations on wildlife trafficking at the global, regional and local levels. The United States Ambassador Luis Arreaga, Principal Deputy Assistant Secretary of State, Bureau of International Narcotics and Law Enforcement Affairs at the U.S. Department of State, provided opening remarks highlighting the U.S. National Strategy for Combating Wildlife Trafficking and U.S. support to assist with law enforcement capacity building across the globe. The INTERPOL representative highlighted Project WEB, which was the first international enforcement investigation on internet trafficking of wildlife, focused on the illegal ivory trade in the European Union. International Fund for Animal Welfare (IFAW) released a report in 2014 regarding a six-week investigation across 280 online marketplaces across 16 countries with impressive findings, including a majority of live animals being traded online and many ivory product advertisements by online sellers. A panel expert from TRAFFIC China presented on a 2015 report that was released on an investigation for e-commerce platforms and social media sites in China revealing that a large number of online illegal wildlife products are ivory products. The private sector representative from Etsy discussed their initiative to ban the sale of goods from endangered species and all ivory products. In conclusion, a greater need for effective law enforcement to respond to this niche area of wildlife crime, awareness raising among law enforcement to work on combating wildlife trafficking on the internet, additional capacity building through training for law enforcement to better tackle this issue, and legislative reform to assist law enforcement efforts.
Good Practices for Supporting Victims of Terrorism within the Criminal Justice Framework
Philip Divett
April 16th - 13:00 | Barzan
Ian Chapo
Ian Johnson; Candice Jones; Laurence Martinot; Louise Reynaud; Raquel de Pazos Castro; Silvia Diez Ginestar
Mauro Miedico
Guillaume Denoix de Saint MarcShadrach HarunaMuhammad Rafiuddin Shah
30
Academic experts, as well as government representatives discussed the growing level of terrorism as well as legal frameworks developed to combat it. They focused on the need to better support victims of terrorism. Policy focuses on investigation and prosecution of terrorists, but those affected by terrorism are usually neglected. The international community is working to develop normative frameworks to support victims of terrorism. There is a need to focus on their human rights and protect them from the media, as well as from those who victimized them. Currently, the Council of Europe and the European Union are developing various policy instruments to protect and support victims of terrorism. The Madrid Memorandum on Good Practices for Assistance to Victims of Terrorism Immediately after the Attack and in Criminal Proceedings has been developed, and multilateral cooperation will support its recommendations, including the UNODC.
Rule of Law and Internet Legislation
Ms Wan Juan
April 13th - 10:30 | Room 105
Catherine Alexandrina Nakayenga, Obioma Uchechi
Fan Wang; Huishi Hu; Liying Zhang; Yuan Zhang; Marwa Mhamdi; Eman AlSharkawi; Raquel de Pazos Castro; Eva Pacios Santamaria
Eduardo Vetere
Hanming XuXiaying Mei Jian-ping Lu Zi-yi ZhangBiheng Lin Ting Hu
50
Session 203: Rule of Law and Internet Legislation.
Reflections on Web Security Legislation in the Big Data Era - Professor Xu Han-ming.
I. Challenges to China’s internet security legislation in the big data era.
It refers to information asset that has high volume, high growth rate and high diversity and that requires new processing mode to satisfy the need for decision making, insightful discovery and procedural improvement. It bears basic characters of high volume, diversity, low value density, and fast speed. Ever since Gartner Group raised the concept of “Big Data” in a study report in 2001, the concept has gone through the stages of logical judgment, systematic thinking and wide use in the human society’s various areas of politics, economy, culture, military and social life. It started a new era of human society’s use of information, production of information tools, progressing from modern industry to information society, and building information civilization. Big data is changing people’s life, appearance, conduct, decision making mode, and is even influencing and changing a state government’s governance and social service concerning its purpose mode, conduct policy and technology measures. It has become a key element to enhance a state government’s creditability, and has also become a basic and indispensable tool to handle the international affairs among the states to achieve “mutual connection, mutual link, mutual enjoyment, and mutual administration”. Big Data is like a two-edged sword, and its adverse impact is also worth noting. (1) At the national information security level. Controlling rights over huge volume of information are in the hands of only a few developed countries, and it becomes a phenomenon threat to other countries’ national security. Many countries have consequently upgraded national information security to national strategy and have taken actions. (2) At economic and trade security level. Under economic globalization, big data is widely used in the areas of international goods trading, investment, intellectual property, and finance. It has become a key platform for international economy and even business trading. Quite some multinational companies conduct cyber spying to obtain business intelligence due to fierce international market competition, and caused distorted market competition and brought threat to enterprise security in the areas of manufacture, investment and trade. (3) At citizens’ personal data and property safety level. On the one hand, big data has brought more options for citizens to fully realize their rights and protect their properties. On the other hand, big data presents challenges to citizens’ personal data and property security. With wide spreading of internet, it changed people’s living and brought new platform for economy, culture and social life. At the same time, it also brought big challenges to national governance system and modern governing competence. The weakness of cyber space security law barrier has become a more significant issue, mainly in the following aspects: Firstly, cyber space infringement spreads without restriction. Secondly, unfair competition on the cyber space has become more and more serious. Thirdly, illegal online behavior caused serious threat to national security. (4)Weakness in internet security core technology has become the weakness of internet security barrier. Fifthly, internet security legislation is comparatively lagged behind, and the boundary in internet production, transaction, regulation, service and user norms are weak and unclear. In China, on the one hand, the basic internet laws and statutes established include over 20 laws particularly regulating the Internet. All those are great progress that attracts world’s attention. On the other hand, the laws and statues on internet security are not of high priority. how can international communication and cooperation be strengthened concerning internet security system construction through internet technology, and how can internet security be further promoted through information elements, technology elements, modernization and internationalization.
II、Comparison and revelation of the international internet security legislation in Big Data Era.
The developed countries took advantage of technology development and application, with the initiative of safeguarding national security, timely studied the introduction of the national information security strategy and relevant laws. The internet security management of developed countries has changed, from policy guidance to the legal regulation, policy adjustment, technical specifications, control---using, personnel support and comprehensive strategies. It showed standardized, institutionalized and systematic modern features, which provided guideline and path to developing countries to improve their legislation. In order to implement the decision of the Fourth Plenary Session of the eighteenth Central Committee of the Communist Party and materialize its solemn commitment to the world that government promote open government information, strengthen construction of government information Internet Data Services platform and convenient service platform, curbing internet security breaches, On 19 November, 2014, China held the first World Internet Conference in Wuzhen, Zhejiang province. More than 1,000 global Internet leaders from nearly 100 countries and regions attended. The conference established the "interoperability share cohabitation" theme, and express the will to the world that we hold mutual respect, mutual trust principle to deepen international cooperation, respect for the sovereignty of the internet, maintain internet security, work together to build the peaceful, safe, open and cooperative internet space, set up multilateral, democratic and transparent international Internet governance system. With national internet security perspective，focusing on the international community of internet security incident response way and our legal mode of internet public emergencies disposal, we find two paths. On the one hand, we should, actively involved in project cooperation within the legal framework of the United Nations. In order to promote the development and progress of human beings and safeguard the equalization of the human inherited right to subsistence and development, international organizations should speed up the legislation and norms of internet security. Legal norms of internet security should be formulated, which should include “clear right and responsibilities, compact structure, complete system, full function”, and should be able to ensure the efficient and authoritative legal protection of internet security . The legislative mode and system design is to build the law framework according to the Socialist legal system with Chinese characteristics and accelerate “four modernizations”: standardized and institutionalized, systematic and legalized construction, and in turn form a internet security legal system with Chinese characteristics. To build a internet security system needs to grasp certain core elements of its legal aspects. (1) Strengthening the regulation of the critical infrastructure internet vulnerability monitoring; (2) Enhance the ability of the government and society to deal with the cyber threats. (3) Encourage private enterprises, social organizations, and grass-roots community to get involved in internet security practice. (4) Insist on the protection of privacy, civil liberties and rights of nation. (5) Focus on the top-level system design, make long-term national information security strategy, and form internet security polymeric system with the following core elements: ①Information security technology standard certification system; ②Self-regulatory system of information security; ③Information security access, use, and protection system; ④ Enforcement and supervision mechanism against infringement; ⑤Information security standard system of laws and regulations. Only through the building of the national security legal system, a complete system with reasonable structure, multi-level functionality, and effective-safeguard, can the national internet security become legalized and modernized.
III. Purpose, structure and mode selection of Internet Security legislation in the Big Data era.
(I) Broaden study perspective on internet security legislation.
(II) Establish network security management model.
(III) Clarify the focus of internet security legislation.
(IV) Choose legislation path of internet security.
(V) Build the frame of the Network Security Law, which mainly includes the following aspects:
1. General provisions. It is necessary to define the legislation’s objective, regulatory goals, jurisdictional limit and basic principles of enforcement. Basic principles include principles for coordination and balance between national security protection and personal freedom, grade protection, cooperation for joint governance, and technical innovation, etc., which can highlight scientific features of the network security law.
2. Establishment and responsibilities of network security administration.
3. Definition of behaviors endangering internet security and internet order. It is involved in not only distinguishing between legitimacy and non-legitimacy, compliance and non-compliance, legality and illegality.
4. Internet suppliers’ obligations for maintaining internet security and internet order.
5. Legal liabilities. Internet law violation and even internet crime have their own legal subject and object. The components of subjective factors and behavior mode are the qualification elements in assumption of legal liabilities for internet law-breaking behaviors and even internet crimes. With the lack in any of the aforesaid elements, the subject assuming legal liabilities should not be constituted. It is hard to be evaluated by law and to be held liable by law enforcement organs and judicial organs. The experience in protecting the dignity and authority in rule by law in internet governance and in promoting legalization of internet governance provides people with a new prospect and implementing mechanism for internet source governance, systematic governance and multi-level governance. These measures restrict the power exercising subject provided in internet security law by systems and prevent power abuse by the subject. Accordingly, internet security law should focus on governance, prevention and control of illegalities for personal gains, abuse of power for personal gains and misuse of authority, etc. by law executors and judicial practitioners. If the working personnel of internet security supervision department misuse authority, misconduct in office, commit illegalities for personal gains or disclose national secret, business secret or personal information that are known to them during law enforcement, which constitute a crime, such situation should be included in normative system of the internet security law which should contain clauses regarding investigation of administrative liabilities and criminal liabilities in accordance with the law, so that law executors will conscientiously abide by law and become constructors, promoters and protectors of internet governance by law.
(VI) Promote international cooperation in internet security. Internet security and law guarantee is a new topic across the world, which requires close international cooperation for interconnection, sharing and joint governance. Chinese Chairman Xi Jinping has proposed the establishment of a multilateral, democratic and transparent international Internet governance system, which symbolizes Chinese government’s definite attitude towards protection of state sovereignty, security and interest development, reflects China’s sincere desire to commit itself to the international community’s construction of a “peaceful, safe, open and cooperative internet space”, and displays the favorable responsibility-taking image of China as a responsible great power. China is one of the members of the global village. Observing the UN’s international pact for utilization and security of the Internet is the persistent standpoint of Chinese government, which is also the responsibility that should be assumed by China as a sovereign state of Internet agreement. Positively participating in the draw-up of internet technology application rules as organized by the United States and international organizations and in the stipulation of internet security rules indicates China’s responsibility assumption during its evolution from a big internet country to a powerful internet country; participating in disposal of international internet security accidents and judicial assistance as well as punishment and prevention of internet crimes especially internet terrorist activities are the inevitable choice for international cooperation in internet security, joint promotion of international internet governance, sharing of internet development achievements, protection of the new order of international internet governance, enhancement of global human civilization, and promotion of the internationalization level of internet governance. They will also become the “new ordinary state” of China’s participation in international internet affairs. We will spare no efforts to follow Chinese government’s claim in the First World Internet Conference and expect that all governments, experts, scholars and outstanding entrepreneurs will positively respond to the claim: all villagers in the global village in this macro-data era should, from both concepts and actions, “promote interconnection of internet space, respect all countries’ internet sovereignty, jointly maintain internet security, jointly carry out internet anti-terrorism, promote development of internet technology, vigorously develop Internet economy, widely transmit positive energy, care for teenagers’ healthy growth, and stimulate sharing and joint governance of internet space”. We are absolutely convinced that a macro-data era that benefits the human society will be bound to accelerate the leap-forward development of economy, politics, culture, society and ecological civilization of all countries, and endow this era with implantation of brand-new concepts, growth in great fortunes, integration of colorful cultures, development of diversified civilizations, and acquisition of multi-dimension human welfares.
Laws on Protection of Personal Property - Professor Mei Xia-ying
Personal information abuse affects our society in a negative way. The "Theory of Information Protection" suggests if personal information is not protected, it will have a negative impact. Some of the key factors of Information Protection are the "Degree of Relevance" and "Influence of Age of Subject of Information". We can establish/formulate the International Protection Law by knowing that internet security is relative and not absolute, so a law that works for one country may not work for another. China has come up with a framework of internet legislation laws that are a framework for other laws.
Intelligent Governance: Innovative Social Governance Mechanism in an Information Society-Dr. Zhang Ziyi
School of Public Administration of Zhongnan University of Economics and Law
Intelligent governance of community pays more attention to the governing status of community members in governance, the introduction of intelligent governance concept, realization of constructing an open community involving participation and services, realization of trans-regionally cooperative and shared governance with more openness, interaction, and de-identification, though it relies on government organization and information construction during the course of providing service.
The value orientation of community intelligent governance is democracy and good governance. Intelligent governance drives community governance to shift from being driven by traditional government functions to being guided by citizen personal demands. Mode selected by community intelligent governance maybe the shared governance. Community intelligent governance empower individuals, which makes citizens turn into governing body from being governed, and underlines the timely response to individualized demands of citizens. Technique support the function realization of community intelligent governance. Virtual community is featured with intangibility, anonymity, freedom from region and time. In a virtual community, interaction is realized through transmission vehicles such as texts, pictures, videos, etc. other than traditional face-to-face verbal communication. Voices can be heard timely, cost of interaction between people greatly reduced.
However, information can be of varying quality, even fake, due to virtual governing bodies on internet and explosive information spread.Therefore, the government shall timely diagnose and control, and enhance public opinion guidance at the same time to ensure that online public opinion evolves in the right and reasonable direction during community intelligent governance.
The value and vigilance of the “Right to be forgotten” Dr. Lin Biheng
"The right to be Forgotten" is a right to have an individual's personal information deleted permanently from an information controller and to be forgotten by the internet unless there are legitimate reasons for keeping that information. The right to be forgotten has two sides, a positive side and a negative side. On the positive side, the right to be forgotten helps to protect individual's privacy and enhances their freedom of speech. On the negative side, the right to be forgotten may remove information that governments and intelligence organizations use to track down terrorists and crime-doers.
The Path Selection of the Legislation of the "Right to be Forgotten" - Ms. Hu Ting
The topic is the path to the legislation of the right to be forgotten in China. Base on the national condition of China, five aspects of its subject, object, content, applicable exception and legal liability should be considered. China ought to bring more clarity and legality to the right to be forgotten, to cope with the urgent demands of personal information protection in the era of big data and adapt to the rule of law. We should establish a governance system through multiple angles that coordinates the legal, technological and market measures, ensuring the right to be forgotten can be properly realized, and contribute to the protection of personal data.
Support for Inclusive Crime Prevention and Criminal Justice Systems to reduce Poverty and bolster shared prosperity – Lessons from World Bank Projects
Clare Gardoll
April 15th - 10:30 | Room 106
Adrian Strong
Heike Gramckow
Omniah Ebeid
12
Dr Heike Gramckow:
There are important reasons for the World Bank ("WB") to become involved in criminal justice projects and crime reduction programmes but the WB is a bank, not a donor. Countries come to the WB and seek finance, usually a large credit, for a specific project and crime can be a sensitive area as HR issues may be engaged, there may be issues of corruption and there may be issues with the use of armed force. The WB involvement with crime reduction has come largely from WB country clients in Latin America because crime is a development issue and can impede other WB projects.
The main goals of the WB are poverty reduction and shared prosperity and demonstrably crime reduction is linked to these issues. The post 2015 development goals include topics such as justice which are likely to give more impetus to the WB's crime reduction work. Issues such as justice sector reform and rule of law will all involve the WB in crime reduction.
The poor frequently suffer most from crime; lack of resources and investment in crime reduction measures are often lowest in poor areas. Poor are also disproportionately affected by crime – for example they suffer more from corruption and wildlife crime which can impact on the tourism sector.
The WB can only act if asked to by a government. The WB's mandate is to avoid political interference, or even the impression of it and this can make it more problematic for the WB to involve itself with crime reduction. Governments do not always ask for crime reduction elements to programmes either due to sensitivity or it may simply not be a priority for that government. As a result the WB looks to try to include elements of crime reduction in other WB projects, e.g. urban planning and design for crime reduction and rural projects that include gender violence reduction measures.
Data is difficult to come by and in developing countries, even where available, data is often unreliable. The WB is developing research methods that can be used to better understand the levels and impact of crime in a particular country. In order to do something about a problem it is necessary to know what the problem is and the likely reactions to intervention. Solid understanding leads to long term sustainable solutions
WB may help with data collection, but its aim is to create sustainable data collection and analysis that feeds into policy at national level as communities change over time. The more fragile a state, the more difficult it can be to develop a project that addresses the underlying causes and where there is often the least data and it is more difficult to collect. Western standards of data collection may not be sustainable in some countries and may not be the most necessary, there is usually a need to focus on “must have” data that can be used practically. Understanding the underlying causes of crime and the effects of crime on communities helps the WB to understand where money can best be invested in a country. The WB frequently collaborates with partners, eg UN, in fragile states where work in partnership on conflict reduction and crime reduction ensures that there is no duplication of resources and efforts and the different perspectives that the WB brings can be helpful to reach an overall solution.
Omniah Ebeid gave a summary of a WB project in Honduras around community based prevention of crime. The WB field study in Honduras (a country which suffers from high crime rates, has a centralized government that often results in little money reaching the municipality level, has problems associated with transnational crime and is on a major drug trafficking route) revealed a severe problem with obtaining quantative data. There were a variety of community approaches to citizen security: vigilante groups in some areas that prevent some crime and give a sense of citizen security but allow some other times of criminal activity to flourish; other communities take collective action with citizens coming together to try to prevent crime. A strong community network is essential to crime reduction but the key is strong community leadership, either formal or informal, which can form links with local and regional authorities.
Dr Gramkow: The conclusion that strong communities are less attractive for criminals is a lesson from Western criminology, but does the WB needs to establish if it also applies in developing countries? If neighbourhood cohesion is an essential element of crime prevention then policing projects and developing law enforcement capacity may not be the most effective use of finance and spending money on strengthening community may be more so.
The WB aims to take a holistic approach to criminal justice and seeks to include it in other WB projects. There are traditional areas where the WB has worked on crime prevention such as working with banks and financial institutions to counter money laundering but projects in the tourism sector can involve crime prevention issues when wildlife crime, especially if organized crime groups are involved, has an effect. The WB frequently does not look at crime as a stand-alone problem. Almost all WB traffic projects have a roads policing component to prevent injuries and deaths on roads but this can be taken further to address corruption issues amongst traffic police that may impede success of the project.
Crime prevention and criminal Justice responses to violence against migrants
Anna Giudice Saget
April 16th - 13:00 | Room 105
Emma Trottier
Valerie Lebaux
Amb. Birnur FertekligilMarika McAdamGurvinder SinghMustafa Kemal BasaHélène Harroff-Tavel
25
For as long as humans have existed, they have migrated, spreading goods, cultures and ideas across the globe. Migration has been recognized as an enabler of human development, as it has empowered not only migrants and their families, but also the societies they have left and the ones receiving them. Unfortunately, the movement of people can lead to situations of mistrust, misunderstanding and misuse of power, which can manifest through violence. Too often, violence is not only a cause of migration, but also a risk against migrants throughout their journey and upon arrival.
The event, organized by UNODC and the International Federation of Red Cross and Red Crescent Societies (IFRC), in cooperation with the Government of Turkey as the Chair of the Global Forum for Migration and Development, addressed the need for effectively combating violence against migrants.
Following UN General Assembly Resolution 67/185 on “Promoting efforts to eliminate violence against migrants, migrant workers and their families”, and with a view to support the implementation of the Doha Declaration, UNODC and IFRC worked together to develop a technical report that was presented during the meeting.
The meeting was chaired by Valerie Lebaux, Chief of the UNODC Justice Section, and was opened by Ambassador Birnur Fertekligil, Permanent Representative of Turkey to the United Nations in Vienna, who stressed the importance of effective State efforts to prevent violence against migrants, to prosecute its perpetrators and support victims. The event saw several presentations from experts in the field of violence against migrants, including Ms. Marika McAdam, who, as main drafter of the report, outlined its main findings, including ten measures to help states develop a response, namely:
· Establish an effective knowledge base
· Address root causes of violence in migration processes and responses
· Address root causes of violence in transit and destination countries
· Strengthen legislation to combat violence against migrants
· Investigate and prosecute violence against migrants
· Protect victims and witnesses
· Assist migrant victims of violence
· Provide access to justice
· Provide restitution and compensation
· Sentence and rehabilitate perpetrators
Mr. Gurvinder Singh, representing the IFRC, provided an overview of trends in migration and practical examples of how support to migrants in Eastern Africa is needed to prevent and respond to acts of violence en route, or during their stay in temporary settlements. Finally, Mr. Mustafa Kemal Basa, Head of the Department for Turkish Nationals Abroad, elaborated on how racism and religious intolerance can lead to violence against migrants and how the Government of Turkey supports migrant victims and works with States that host Turkish nationals to prevent future incidents from happening. Following the presentations, participants engaged in a lively discussion and welcomed the opportunity to discuss the topic in the margins of the Congress as well as the technical report prepared by UNODC.
Police reform and the basic principles on the use of force
Martin Matter, Permanent Mission of Switzerland to the UN in Vienna, introduced the topic, Police reform and the basic principles on the use of force, highlighting the latest incidents on police brutality and excessive force on civilians. It is also emphasized that states’ cooperation against police brutality and excessive force is essential.
Mona Rishwami, the Chief of the Rule of Law, Equality, and Non-Discrimiination Branch in the Office of the High Commissioner for Human Rights (OHCHR), started her speech mentioning the importance between police’s use of force and its effects on human rights. Rishwami mentioned three fundamental aspects to this matter: legality, necessity, and proportionity. Legality offers that use of force must be regulated through legislation, rules and laws. It is essential to have the use of force limited to written laws and regulations. Necessity and proportion is significant in terms of regulating the use of force. Rishwami highlighted two major problems which are: the legal framework is usually not fully understood by the officials, therefore, compliance mechanism of the police is absent, and lack of training of the officials because it is essential to have the law enforcement officials trained and aware of the laws and regulations. Rishwami concluded her speech by stating that human rights laws and regulations of use of force are there to help the police and the society.
Christof Heyns, University of Pretoria, focused on police’s main mission: protecting lives. He emphasized on the latest incidents of police shootings of civilians and use of excessive force, mentioning that police is required to act more rationally and towards saving lives even if it is the life of a criminal. Heyns also mentioned the alternate use of force such as tear gas, rubber bullets, tasers, which are non-lethal, and they should be supported. On the other hand, these weapons can be lethal if they are used by under-trained officials; therefore, it is essential to regulate the usage of these weapons as well as providing adequate training to the officials. Domestic laws are also significant in the fight against excessive force and police brutality. Heyns mentioned that domestic laws should be reviewed and adequately reformed in order to make sure that police is properly equipped, use of force is properly conducted, and laws and regulations are properly followed. Peaceful protest is also stated by Heyns, highlighting that if the states seek the root of the problem that cause the protest, it is more likely to have a resolution. Last point Heyns made was about the usage of armed drones by the law enforcement, and how armed conflict spills over to the law enforcement.
Anna Giudice Saget, UNODC Justice Section in Vienna, made a presentation about police and use of force, UNODC standards, tools and expertise. Saget mentioned that the office is applying Secretary-General’s guiding principles that set up as guiding principles. Saget highlighted that it is essential to shift from “confession-based” policing to “intelligence” based policing, where the law enforcement should be led by intelligence that is gathered by surveillance and policing; not by having individuals confess the incidents.
Anneke Osse informed the audience about the handbook on the use of force and firearms in law enforcement. The handbook highlights how to use of force, how to protect the human rights when using force, and how to avoid using force. The handbook consists of three parts; (1) general principles for the use of force in domestic law enforcement, (2) specific situations on the use of force and administrating a protest, terrorism, organized crime and gang related activities, and (3) promoting compliance.
The session concluded with Peter Pamba, Assistant Inspector General of the National Police Service of Kenya, presenting his research on key reforms, priorities and achievements of the law enforcement, as well as systematic structure of the Kenya Police Force. Pamba highlighted the reforms that are done and underway, implying that the law enforcement branch is on the rise. He also mentioned how the police approach to the use of force, and how they should tackle the problems related to use of force. Pamba concluded his presentation by recapitulating his research and mentioning the reforms that are being done in Kenya and the contributions to the law enforcement branches.
Monitoring homicide to monitor violent crime, strengths and weaknesses
Enrico Bisogno
April 15th - 09:00 | Room 102
Christopher Sidiropoulos
Bridget Spencer; Jessica Johnstone; Raquel de Pazos Castro; Catalina Sastre Fiol; Sana Sakji; Noha El Sawah;
Dr. Mahesh Nalla
Adrian Franco BarriosEnrico BisognoJohn De BoerAlexander Butchart
15
This ancillary meeting addressed the question of whether homicide serves as a valid and effective proxy in which to monitor and understand violent crimes globally. As defined by the International Classification of Crime for Statistical Purposes, homicide is defined as the unlawful death inflicted upon a person with the intent to cause death or serious injury. The United Nations Office on Drugs and Crime (UNODC) provides three classifications for intentional homicide: the killing of a person by another person, the intent of the perpetrator to kill or seriously injure, and intentional killing which is against the law, whereby the law considers the perpetrator liable for the unlawful death.
Utilizing indicators to identify global trends on homicide are vital. The UNODC identifies the correlation of homicide and development as one such indicator in the identification of global trends. The United Nations University Center for Policy Research (UNU-CPR) identifies two major global trends of homicide: the changing nature of violent conflicts and the emergence of fragile cities. These trends have made it increasingly difficult to distinguish between battle deaths, terrorism, insurgency, ethnic and sectarian violence, and intentional homicide.
With respect to data collection, technical working groups must be strengthened to support data collection by increasing involvement of criminologists and public health specialists. Additional sources are needed to fully monitor violent crime. Collaboration between governments and organizations must be intensified in pursuance of a global convergence in and standardization of survey tools and methods.
Priorities for Health Care in Prisons of Low Income Countries
John May
April 16th - 17:00 | Room 102
Olumide Oniyide and Yetunde Ruqoyat
John May
Mark AndrewsKarine Duverger
10
The presentation was done by Mr. John P May ,he made a case study of the prisons in Haiti where people where detained for over two years without court appearance (pretrial detention),most of these people were not able to afford legal assistance, which makes them not to have knowledge on their basic rights. This practice leads to overcrowding ,which later degenerates into unhygienic environments and hardship in the prisons. Overcrowding affects the nutritional value of food being prepared for the prisoners , and it also facilitates their exposure to all types of communicable diseases like tuberculosis, influenza, hepatitis, scabies, pneumococcus, meningitis, and cholera e.t.c.
Mr. John P May further stated that his organization, The International Corrections and Prison Association has made some effort in solving some of the problems. They were able to distribute resources and also provide healthcare services to prisoners; they were able to build modern health centers and also provide training and conferences to prisons officials.He also said that their organization is focusing on the principle of nonmaleficence (do no harm), this means health problems should not start when they are prison or whatever kind of health issues they have should not be compounded because of unhygienic conditions in prisons. Effectiveness of their efforts were measured in terms of reduced mortality rate and an increase in the number of recovering inmates.
The following recommendations were made, the first being that proper health screening should be made available to prisoners, both entry and exit and if funds permits annual ones too will help a lot in curbing the spread of communicable diseases to the community. The screening will also help to get baseline data. Another recommendation is to reform the criminal justice system, this will reduce the problem of overcrowding.
Female prisoners often have more multifaceted problems than male prisoners such as illness, unemployment, mental health issues and addiction. In some Nordic countries, if the female offender wants to be placed in a facility that is close for her family to visit, she runs the risk of being placed in male facility. Female prisoners experience violence on three different levels; as victims, witnesses and perpetrators. Statements were also made about providing prison staff with more training and information in female oriented work.
Despite positive developments, there is still disparity in the law and its implementation. Often times courts, police and other law enforcement personnel discourage the woman from proceeding with her trial. There is a cultural stigma in the Caribbean countries that, "you don't put your business out on the street". Women then are advised to deal with such issues on their own or to simply ignore the abuse. Other issues explored included the use of cash settlements, a form of bribery where the woman takes cash instead of proceeding with the trial. Ms. Joseph spoke on the culture of reconciliation, explaining that we are in a culture where we are advised to "forgive and forget". Such lessons make the woman feel guilty for sending their partner of the father of their children to jail. Patriarchal ideologist also still persist and make it difficult for positive developments to keep expanding. As Ms. Joseph explained, we can have all the law in the world, but if they are not enforced, they are useless and ineffective.
Research on reforms include: care for victims of violence against women, the improvement of date registry systems, specialized responses and the prevention of violence.
ILANUD's 40th Anniversary
Elías Carranza
April 16th - 17:00 | Auditorium 1
Yarisa Walsh
Joshua Hunter; Emily Bailey; Eva Pacios Santamaria; Ana Vazquez Fernandez
Elías Carranza
Eduardo VetereCristina RamírezSimão Jatene
60
The presentation commenced with a 30 minutes video where the work of ILANUD in Latin America and the Caribbean was shown to audience. The video illustrated the 40 years of collaborative and successful work among countries for one common goal, which ILANUD will continued to work on: working with governments on balanced economic and social development through the formulation and incorporation into development plans, policies and instruments for appropriate action in the area of crime prevention and criminal justice.
After the video, two members of the Panel Ms. Christina Ramirez and Mr. Eduardo Vetere delivered a short speech about the penal law and its challenges in many countries in Latin America and the Caribbean. The speech concluded as they thanked Mr. Carranza for the assistance and tireless support through the years.
Mass killing of women
Michael Platzer
April 13th - 13:00 | Auditorium 2
Emma trottier, Giselle Armendariz, Zoe Bertrand
Michael Platzer
Anna Alvazzi del FrateH.E. Luis Alfonso De AlbaKanchana PatarachockeH.E. Dubravka SimonovicWolfgang BrandsetterMilica Dimitrijevic
35/40
The session was organized by the Academic Council on the United Nations System, which recently released its third volume of Femicide: Targeting of Women in Conflict, A Global Issue That Demands Action.
The panel began with a discussion of the Doha Declaration, specifically section 5(f). Panelists focused on violence and the mass killing of women, and the work being undertaken by various countries and organizations to promote and protect women’s rights. Panelists discussed some of the challenges in changing citizens’ attitudes toward violence against women, particularly in countries where domestic violence is viewed as a private, not public, matter. To change the mental structure it is imperative for states to send a message to citizens and the global community that violence towards women will not be accepted and will not go unpunished. This denunciation of violence towards women could begin with the drafting of, or amendments to, existing domestic legislation, as well as through services to protect women, the prosecution of perpetrators of violence, and the development of crime prevention programs targeting children and young adults. A key message from panelists was that states should be responsible for undertaking these initiatives.
Panelists shared a number of innovative programs that are aimed at assisting women who suffer or have suffered from acts of violence (e.g., torture, rape), and discussed the importance of giving women a forum to share their experiences. Another important element in protecting women is ensuring that the criminal justice system is viewed by women as legitimate, which could begin to be achieved through the creation of specialized courts.
What does progressive drug law enforcement look like?
Sanjay Patil
April 17th - 13:00 | Room 102
Ian Chapo
Joshua Hunter; David McCafferty; Ana Vazquez Fernandez; Silvia Diez Ginestar;
Sanjay Patil
James PugelEric SevignyDr. João GoulãoErnesto Pazmiño
40
The “war on drugs” is an international effort begun in the 1980s to combat the problem of drugs. In this session, experts spoke about their respective countries’ or jurisdiction’s policies in the “war on drugs,” and how they have changed them to more effectively reduce drug and drug-related crime. These new policies are in large part created to reduce the costs of this effort, as well as the size of prison populations. Portugal and Paraguay in particular have implemented policies that are being tested in other countries, while a number of US states and cities are modifying their practices that are a response to drugs as well. The main theme of this session was that legal repercussions for drug crime must be proportional to the violation, and that there is no policy that will work in every jurisdiction. These efforts will help world leaders prepare for the UN General Assembly Special Session on Drugs in 2016.
For Expanding Public Defense in Criminal Justice
Yuki Maeda
April 16th - 13:00 | Room 103
Kelvin Rodriguez, Erkut Cakmak
Shunji Miyake
Kie Takahira
24
Shunji Miyake was the first speaker, an attorney in Japan and the vice president of the committee on International Human Rights of Japan Federations of Bar Association. He began his presentation by stating that the access to legal aid has been one of the most basic and important topics among plenary and side events during the Crime Prevention Congress. Mr. Miyake talked about the experience of the establishment of "Duty Lawyer" in Japan, which was led by practitioners together with local and national Bar and was launched in 1990. Based on tragic miscarriage of justice in 1980's, the Duty Lawyer system was designed to improve legal aid and to provide accessibility to defense lawyer at the very early stage after detention of the suspect by dispatching a lawyer free of charge.
The presentation covered 3 issues: (1) what were the problems that had to be overcome for the suspects under custody in 1980's from the the point of view of standards and norms of international human rights (2) how local and national Bars struggled to achieve better tools for suspects and (3) which direction should we move forward in order to create fairer conditions for the suspects in the future. The presentation was heavily discussed from the perspective of international human rights.
Kie Takahira was the second speaker and focused her discussion on the wider commitment to the expansion of public defense in criminal justice. The development of this issue is necessary because the “protection of the rights of suspects and defendants is the key to realizing fairness of criminal justice”. The access to lawyers and legal services is one of the major roles of criminal justice system and something that should be afforded by everybody in order to ensure justice. Several current issues were discussed such as the 20 day period in which detainees can be held without legal representation, interrogations done without the presence of counsels and the high conviction rates which points to the importance of legal support for suspects.
The discussion led to the implementation of systems that would allow for the covering of all suspects in need at early stage in terms of dispatching duty lawyer by Bars free of charge. The main reason why Bars could establish its own system from its own budget is because local and national Bars are definitely independent and financially autonomous in Japan. Current activity towards the development of the duty lawyer system and the court appointed lawyer system include the promotion of public awareness and understanding, the development and improvement of defense activities, and preparation for the covering of broader cases where detention order has been issued.
The ending discussions focused mainly on the quality of the lawyers being provided for these legal aid systems especially those who provide support free of cost. In response, the speakers discussed the many basic rights that suspects are unaware of and how big of a difference it can make to have someone to better inform the suspects of what actions would be in their best interest.
Security Governance Risks
Marian de Bruijn
April 14th - 10:30 | Barzan
Lawrence Mitchell, Dahunsi Oluwafemi
16
Marian de Bruijn
Adil RadoiniJayant Sangwan
This presentation focused on security issues in law enforcement. There is a need to make connections through international networks, establish regional offices to address security needs of the countries, and collaborate with UN partners. Common goals are required to be addressed at state level and to further these through the engagement of all stakeholders to contribute to these virtual knowledge networks.
CBRN helps the international network to mitigate risk of security threats and looks at the needs of countries for long term efforts on these risks. At present there are 50 partnered countries. CBRN creates networks on a local level and develops action plans for each country. At present there are 12 countries that have action plans.
Financial Crime Investigation: best practices and innovative technologies
Indira Fernandes
April 14th - 10:30 | Room 102
Cinzia Miotto
Indira Fernandes
Silvio Roberto Oliveira Amorim Junior
25
Silvio Roberto Oliveria Amorim Junior: federal prosecutor since 2002.
SIMBA is an investigation system developed by Brazilian Federal Prosecution department that allows exchange of information between governmental and public organs and private financial institution. Rationalizing big data of financial institutions is the goal of SIMBA. It was important to form a partnership in order to develop the system. The Brazilian central bank joined the SIMBA system in 2006 and later developed in 2009. In 2007 all financial institutions had to send information regarding their clients to the central bank. The register client information is called CCS.
The central bank also demanded financial institutions to use the same template of SIMBA system in order to proceed and store data. Financial cooperatives will be in the central bank system in six months and SIMBA will be storing all the information.
The judiciary system also demanded to use SIMBA to fight financial crimes. SIMBA became known and partnerships have been created allowing the system to spread across Brazil. Within the SIMBA layout there are 5 files that can contain rationalized bank data. SIMBA is used also by the police and judiciary branch. Through the CCS there is a double check of information. The central bank is responsible for judicial ruling. By public screening SIMBA can evaluate the person during the first stage; the second step is a double check of the validation. Analysts can research data and compile a report of the transmitted information of the prosecutor (validating, transmitting and analysis system). The automatic case management is the main feature. The system automatically matches the banks that are late in giving responses. SIMBA is making developments in order to prevent financial international crimes.
Rehabilitation of Violent Extremist Offenders
Joanne Jousif
April 16th - 10:30 | Room 104
Ian Chapo; Zoe Bertrand
Joanne Jousif
Patrick FoxJoanne Jousif
20
The management of violent extremist offenders varies from one country to another. This session started with the overview of the Rome Memorandum on Good Practices for Rehabilitation and Reintegration of Violent Extremist Offenders by Joanne Jousif. This non-binding Memorandum, finalized at the Rome Global Counterterrorism Forum in May 2012, serves as a foundation for countries’ own policies and programs by enhancing their capacity to prevent terrorist offences. It provides for a rule of law approach to prison management and supports Member States in building new effective programs or improving existing ones by providing valuable guidance, advice and technical assistance. It also promoted exchange of information and underlined the need of good prison standards. Rehabilitation programs need to be safe, secure, with adequate resources and managed by a trained and well-informed staffs.
The GCTF additional guidance workshops underlined the importance of the role of psychologists and religious scholars, such as the role of reintegration programs. The main idea expressed was that prisons can reverse radicalization that leads to violent extremism.
The second speaker, Patrick Fox, provided a number of insights into the situation of Violent Extremist Offenders in English prisons. As a former British prison governor, he gave an overview of the England treatment of those offenders. He underlined the role of friendships in the development of extremism. Indeed, alliances are made by inmates in order to have security and thus conversion is made in prison for pure survival. He also expressed his concern about the amount of people in the prison system who don't belong there. Implementation of good practice for violent extremist offenders must take into account international and national law.
Countering human trafficking in the Americas: building governmental coordinating mechanisms
Gilberto Duarte
April 13th - 10:30 | Room 102
Giselle Armendariz
Joshua Hunter; Jessica Johnstone; Silvia Diez Ginestar; Ana Vazquez Fernandez; Tatiana Kaplun; Nicola Dockray; Noha El Sawah
This session was covered by three different speakers: Heloisa Greco presenting from a Brazilian point of view, Mercedes Pelaez presenting from a Mexican point of view and Gilberto Duarte Santos presenting in support of both Mexican and Brazilian points of view.
Heloisa Greco gave a wealth of information on national mechanisms of policy in relation to human trafficking. Greco spoke of the importance of coordination between various agents stressing it will strengthen relationships between agents, establish co-responsibility of implementation and complex decision making and lastly to establish relevance and indispensability of social participation in the management of public policy. Some challenges that Greco addressed in the efforts to establish this national policy included coordination between relevant governmental institution, competing priorities and inter-agency financing mechanisms.
Mercedes Palaez's presentation touched on the prevention, prosecution, protection and distribution of information on human trafficking. One of the main topics that Palaez covered included the involvement of NGOs (Non-Governmental Organizations) which included the tourism sector, health sector and public prosecutors. Palaez suggested one of the biggest problems in the area of prosecution is making judges understand that human trafficking is a bigger problem than they know.
Gilberto Duarte spoke about the United Nations Office on Drugs and Crime (UNODC). Duarte's presentation touched on human rights, accountability and transparency. Duarte explained that engaging different actors such as Legislators and Judges is very important. For example, it is not enough for a lower court to know the complexities of such a topic if a higher court later dismisses the case due to their lack of knowledge. Duarte also spoke about government reliance on NGOs. NGOs are more coordinated since they organize themselves in groups (women, children, forced labor). The private sector is also very important because they provide the funding that many NGOs use.
No single actor is more important than the other. They are all an integral part of understanding and enforcing criminal acts in relation to human trafficking.
Private-public partnership in prevention and control of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
Commonwealth Secretariat Criminal Justice Work and the development of Model Provisions on Money Laundering.
Shadrach HARUNA
April 15th - 15:00 | Al Zubbara
Basharat & Levi
Shadrach HARUNA
Shadrach HarunaSteven Malby
23
The session “Commonwealth secretariat criminal justice work and the development of model provision on money laundering” had two speakers Shadrach Haruna, & Steven Malby. The session is about the Commonwealth information and the development of the model provisions on money laundering. The Commonwealth is an association of 53 sovereign nations, the memberships include: Span, Africa, Asia America, Europe. The mission statement of the Commonwealth is “We support member governments and partners with the broader common wealth family and others to improve the well being of all commonwealth citizens and to advance their shared interests globally.” The Commonwealth is based in London, headed by the Secretary General. The sessions also have eyes on the mandate of criminal justices, strategies of delivery/methodology of delivery and development tolls. The session also mentioned the activeness of Commonwealth to work as a team with some governmental authorities. They can also be seen as a proactive organization and they are reactive as well when it comes to help. The session also included model provisions on money laundering, cyber crimes and protecting lives and property of witnesses.
Technological Trends & Challenges for Public Safety & Justice
Kirk Arthur
April 17th - 13:00 | Room 105
Kelvin Rodriguez, Zoe Bertrand
Kirk Arthur
25
The session began with Mr. Arthur describing his background, his current role at Microsoft and his experiences with organizations such as the S.W.A.T. Team, Secret Service and work within the presidential protective detail. His presentation focused on technological trends and challenges for public safety and justice.
This is a very exciting time for crime prevention with all of the technological resources available for law enforcement. One example that was constant throughout the presentation was the idea of the cloud and how prevalent it would be in the future. Mr. Arthur explained actions being taking towards changing the current misconception that the cloud isn’t safe and also integrating this system into law enforcement in order to provide a better experience for both the agencies and the community. One of the features most discussed in reference to cloud based services and incorporating them into the work force is the ability to transfer and receive data in real time. With tools such as this one law enforcement can become more efficient in crime prevention as opposed to being useful mainly after the crime has been committed.
There was also a focus on social media and how this can be a resource for both agencies and the community alike. Some examples described during the session were how law enforcement can take advantage of social media as a form of collecting data on suspects and how civilians can use this during times of natural disaster to communicate with one another as an emergency response technique.
Law enforcement is about 10-15 years behind the technology curve in the private sector. One of the main issues law enforcement faces with technology and data is the volume of information to process. There needs to be a focus in order to make this system work.
Predictive policing was another topic discussed. With the use of technology, law enforcement can identify trends and analytical data that can assist in areas such as offender management, incident response and online national ID and a dual approach to sentencing.
Unified Communications & Incident Response
Ahmed Farrag
April 13th - 10:30 | Room 103
Yarisa Walsh
Ahmed Farrag
7
The presentation addressed challenges faced by law enforcement agencies locally and internationally. The speaker provided solutions for issues related to cybercrime, public safety, and crime prevention using, big data, cloud storage, crime analysis, mobility and reporting.
Additional information provided in the presentation pertained to the increase of efficiency in the law enforcement field by integrating numerous platforms that will address rapidly expanding threads.
Improving Operational Effectiveness & Efficiency in Policing
Kirk Arthur
April 15th - 10:30 | Room 104
Cinzia Miotto, Olumide Oniyide
DR. Andrew Hawkins
10
The host, Adrian Hawkens, presents the relationships between Microsoft and Public safety and national security (e.g. National force of Australia) ministries and federal agencies in law enforcement, Interpol and Europol.
Initiatives within the European Union have been developed. Microsoft listens, helps and meets the demand and requests of clients as far as law enforcement is concerned. It is important for Microsoft to gather feedback from clients and develop new updated systems.
Microsoft also deals with disaster responses, in case of natural disasters and emergency issues (e.g. earthquake in Japan).
An advisory council has been set up by Microsoft in order to evaluate the challenges and constraints.
The hosts discussed the areas in which Microsoft operates: local crimes, ivory trade, major events, political riots, sport events, photographs to denounce crimes, the use of social media and information via mobile phones.
Police officers can call for assistance, write digitized reports, and cooperate at the same time with the officers in the patrol.
In France and Germany they needed to invest in technology for austerity reasons and to tackle issues with an aging population and reducing number of people.
The hosts presented technology evolution in policing (Paper based forms, procedures and processes & Radio Mobility), and the processes and changes through which mainframes such as national databases, fingerprints and passports have been established.
Police innovation harnessing technology trends:
- secure hybrid cloud
- big data capture and analysis
- mobility and collaboration
- social media intelligence and analysis
- the internet of things
- LOB app modernization
The Case Management System of Microsoft helps vulnerable people (example of the government of Spain and Australia). A system which has also aided the Hungarian police for traffic management and has assisted Interpol in Washington DC with missing and wanted people. Investigative Case Management (Durham, UK), is a system that reaches out and is able to connect with the city of Durham. The system is reusable in other cities of the UK. Case management can help save money (examples from Pennsylvania Judiciary System).
The host showed a video of the NYPD project with cameras watching in real time and also discussed the border security referring the case of Poland where the process included the management of visas, passports and applications.
Social Media Data Analysis in Criminal Investigations
Kirk Arthur
April 13th - 13:00 | Auditorium 3
Erkut Cakmak and Cinzia Miotto
Kirk Arthur
35
Kirk Arthur (Microsoft) is hosting the workshop.
Mobile cell-phones play key role in society today. So do tablets and mobile devices. There will a consistent increase of number of people working in mobile communications. Social media will grow, especially in business sector. Cloud computing will grow among organizations and businesses. Innovation in digital economy, extended to security, finance, military security and forces. Cyber security goes horizontal. Crime fighting made possible by data analysis. Predictive policing made possible by using data analysis. Monitoring the dark web, this includes drug trafficking, crimes, e-commerce of counterfeit goods. Data analysis enables to monitor the web in a shorter time and speed up the whole process. Governments need to invest on intelligence. Kirk shows a video of Queensland and government, their system is getting slow and too dependent on UK systems. Implementation costs for new systems are low. But it is considered a challenge for governments to implement this system.
Predictive policing has reduced the crime in LA by 23%.between 2009-2013.
The number of social media users has been increasing, especially thanks to mobile devices. It is a great opportunity for government to connect with citizens, direct way to interact. Significant data reported by LexisNexis. Social media has been useful in case of population-wide disaster, in order to provide food, shelters and other supportive services to citizens.
Another video is shown to describe digital maps for critical situations or emergencies.
Crisis maps, created by Patrick Meier, are meant to provide rapid response via social media. Evaluations of issues are made possible by information analyzed by bloggers belonging to the mapping. The software has been improving a lot throughout the years.
It is important to enhance situational awareness through mobile devices, apps, social media and cloud computing. The data/response plans have been implement in the firefighter system in Australia.
Social Media analysis is used to track people. It is also useful to track crime. NYPD could identify gangs and individuals. Gangs use social media to recruit young people.
As far as city surveillance is concerned, internet improves safety with increased visibility and faster response in case of emergency or possible emergency. It enables fast reporting, advanced surveillance, incidents alerts and quick responses.
Kirk Arthur shows a video on CCTV cameras located in NYC.
Mobility for Field Based Investigations & Evidence Collection
Kirk Arthur
April 14th - 15:00 | Room 101
Lawrence Mitchell
DR. Andrew Hawkins
The use of mobile equipment for law enforcement agencies, including city police forces, police volunteers, national security agencies, and others. How various equipment (present and under development) can assist in the collection of data and intelligence. How different types of tools used by law enforcement agencies are networked together and share data. The collection of data and intelligence will increase substantially in the next two years and there is a need to develop ways to capture this data and categorize. Discussions included the ongoing privacy issues involved in the collection of information and the need for laws to keep up with the evolving technologies. Also, the use of mobile equipment presently available in the field and how to inter-connect these devices. The Microsoft Cooperation is working directly with various individual agencies to assist on an individual needs basis on their locality, domestic and internationally. Also, to work with other non-law enforcement organizations to develop mobile equipment to assist in areas such as disaster relief, sports, natural resource investigations and analysis. The use of mobile equipment will depend on the needs of the end users.
Cybersecurity - Trends & Analysis
Ahmed Farrag
April 13th - 15:00 | Barzan
Catherine Alexandrina Nakayenga, Obioma Uchechi
Ahmed Farrag
60
Session 224: Cybersecurity - Trends and Analysis.
The trend has changed from individuals stealing data to organizations stealing data and the way to protect ourselves from it has also changed. We cannot defend every system the same way. More important systems should be the priority. Malware detection is important, don’t wait to be attacked. Secret plans and systems should be encrypted and stored off the PC. APT's maintain profiles of you, your organization and what you are doing. There should be protocol and enforcement pertaining to regulation of emails. Sometimes it’s a terminated employee who can still access company emails.
People should be educated on protecting themselves. For example, never to use suspicious USB sticks or open suspicious emails. In addition to storage of information, retrieval methods are important. Middle East and Latin America have the highest rates of cyberattacks. Mobile phones are creating openings for cyberattacks too. There are new things to consider like Ransomware. A hacker will try to gain control of your identity by gaining your password and username. Attackers also hide malware on multiple hosts and a response does more damage than the attack itself. Almost all attacks are not zero-day attacks. This means they do not happen immediately and need user action to succeed.
Make use of Digital Crimes Units and use patches. Establish systems to train employees to use it. Pay attention to who is advising you. Research their effectiveness. REMEMBER!! Three phrase strategy: Protect-Detect-Respond
Countering Narcotics Trafficking on the High Seas in the Indian Ocean (Maritime Crime Programme)
Shanaka Jayasekara
UN Plenary Meeting - April 15th - 16:00 | Auditorium 3
Erkut Cakmak & Kelvin Rodriguez
~ ~
Mr. Yuri Fedotov - Executive Director, UNODCHon. Wijeyadasa Rajapakshe - Minister of Justice (Sri Lanka)Hon. Charles Bastienne - Minister of Home Affairs (Seychelles)Commodore Will Warrender - Deputy Commander, Combined Maritime Forces (CMF)Mr. Alan Cole - Head, Global Maritime Crime Programme (UNODC)
35
Mr. Yury Fedotov, executive director of UNODC, made the opening remarks of the high-level event of counter trafficking of narcotics on the high seas in the Indian Ocean (Maritime Crime Programme), which focuses on the events and acts that occurred in the Indian Ocean region especially on the Somalian pirates and drug trafficking. Recent research indicates that there is a significant improvement of heroin trafficking even though the law enforcement agencies and governments take preliminary actions to reduce such activities. Successes of the program included reducing piracy activities and capturing pirates, providing support to the police and politicians in the area, and building correctional facilities in support of law enforcement.
Combined Maritime Forces (CMF) is a multinational maritime organization that provides security and prosperity in the international waters. Commodore Will Warrender, Deputy Commander of the CMF, focused on trafficking of Afghan heroin on maritime routes. He said that, criminals have established new routes and methods which make detecting and preventing these activities significantly harder. Warrender indicated that approximately 400 tons of heroin was produced in 2013 in Afghanistan, of that approximately 150 tons is trafficked using the maritime routes to Africa and Asia. Commodore Warrender said that CMF has intercepted over 6 tons of heroin trafficked through CMF’s areas of operation in the Indian Ocean..
Hon. Charles Bastienne, Minister of Home Affairs of Seychelles, made remarks about piracy activities in the area. Bastienne appreciated the support and partnership of the UNODC, in the fight against maritime piracy. He also reported that there is no doubt that maritime piracy has decreased over time but alluded to the increase in heroin trafficking in the region. He reaffirmed the role of REFLCES3 as a regional information sharing centre to combat maritime crime. Hon. Wijeyadasa Rajapakshe, Minister of Justice of Sri Lanka, mentioned the increase in narcotic trafficking through Sri Lanka by giving statistical data on detections at the Colombo port. Rajapakshe called for greater cooperation between law enforcement agencies and prosecutors across jurisdictions to target transnational organized crime networks. Minister Rajapakshe also offered to host activities of the Global Maritime Crime Programme in Sri Lanka given its strategic positioning in the Indian Ocean. Mr. Alan Cole, Head, Global Maritime Crime Programme, provided a briefing on the newly established Indian Ocean Forum on Maritime Crime (IOFMC) and developing regional and sub regional cooperation among law enforcement and prosecutors to counter maritime crime.
Towards Universal Implementation of the UNCAC: the Institutional Integrity Initiative and the Implementation Review Mechanism
Lindy Muzila
UN Plenary Meeting - April 15th - 14:00 | Auditorium 2
Adrian Strong
Ian Johnson; Michael Walne; Catalina Sastre Fiol; Andres Reche Stitt; Farah Al Khatib; Tarek Abbound;
Candice Welsch
Dennis ThatchaichawalitMartin KreutnerAlejandro AlvarezPatrick MouletteLaura Sanz-LeviaLindy Muzila
70
Under Secretary General HE Yury Fedotov (Executive Director UNODC): Corruption undermines the rule of law, obstructs economic development and hinders growth. UNCAC entered into force in 2005 and is so far the only global instrument directed against corruption and as such UNCAC represents the global will of the members states of the UN.
There is no review mechanism in UNCAC itself. The Doha conference of state parties in 2009 decided to establish review mechanism. The first cycle of review provided a way to look at state measures and look at gaps in state legislation and practice and move towards implementation. There have been roughly 80 reviews so far and many more countries have taken part in other form of engagement. After the November 2015 conference of State Parties the next cycle will look at preventive measures and asset recovery. The Institutional Integrity Initiative (I.I.I.) aims to ensure that integrity rules and regulation in UN and the UN family of organisations are in line with principles of UNCAC. I.I.I. works to enhance control and anti-corruption measures in the UN. I.I.I. shows that the UN can lead by example and apply to itself the relevant provisions of the UNCAC.
UNCAC has been ratified by 175 state parties. It is the international standard in anti-corruption practice. It contains measures that criminalise and prevent corruption, enable enforcement of anti-corruption legislation and set out asset recovery provisions. It is a comprehensive instrument.
Although a lot of work done has been done in recent years and there is some good practice, the I.I.I. report provides recommendations for strengthening anti-corruption measures. A degree of fragmentation exists between UN organisations and further effort is needed in the UN family to bring together all these efforts to prevent, detect, investigate and punish corruption and simplify them.
Dennis Thatchaichawalit: Integrity is a founding value of the UN and embedded in its Charter and core values that staff work to. Integrity is the key to accountability of the UN system of ethics. The UN takes a holistic approach, bringing together accountability and performance. The key issues are establishing a financial disclosure programme, whistleblower protection and providing ethical advice to staff including a hotline and education. The risk from corruption must be managed and mitigated.
Procurement is a high risk area, the UN has increased mandatory training for all staff working in the procurement process. There is also a Suppliers Code of Conduct – only those who meet these standards will be allowed to do business with the UN.
The UNODC from top down has been promoting technical assistance delivery with accountability and that will continue to be our theme.
Alejandro Alvarez: The UNDP recognizes the leadership of UNODC on the integrity initiative and it has allowed the UNDP to align with best practice. The UNDP has mechanisms for prevention of fraud, identifying, reporting and dealing with fraud and corruption amongst all UNDP staff.
Martin Kreutner (Dean International Anti-Corruption Academy): There are 6 ideas for preventing corruption in institutions:
1) Integrity and Ethics;
2) Independence of oversight bodies, investigative and preventative bodies;
3) Immunities and Impunities – no perpetrator can get away under the terms of parliamentary or any other form of immunity and this must apply equally to UN bodies;
4) Resources are adequate for oversight and investigative bodies;
5) Simplified Mechanisms and avoid multiple mechanisms for detecting and preventing fraud otherwise corruption and fraud will find it possible to hide in the gaps;
6) Empowerment through training of staff to recognize and report the signs of corruption and fraud.
UNCAC Implementation Review Mechanisms
Dmitri Vlassis: Work on establishing a review mechanism for UNCAC began at the time of drafting the Convention itself and continued over the first two conferences of the state parties and culminated with Doha 2009. The review mechanism is now operational but it is in some ways an experimental review mechanism for a UN convention. The different approach, characterized by peer review over two five year cycles, was necessary because of the scale implementation of the convention and large number of state parties. 174 states party were reviewed in the 1st cycle, 120+ country visits and joint meetings were carried out, 136 self-assessment checklists and 90+ finalized executive summaries have been received, 34 states have already posted full summaries.
The review mechanism has had a tangible impact on implementation, enhanced the level of anti-corruption reforms and increased the understanding of the provisions of UNCAC. The review mechanism has desensitized and depoliticised the issue of corruption. There has been broad inclusion of stakeholders and partnerships for providing technical assistance. The review process has provided a forum for discussion and given renewed impetus to ratification of and accession to UNCAC.
The reported challenges faced by members states, and the frequency that they occur, allows UNODC to conduct much greater analysis of what challenges states, particularly developing states, face in combatting corruption.
Patrick Moulette (head anti-corruption division in financial and Enterprise Affairs OECD) and Laura Sanz-Levia (Council of Europe) gave the perspectives of their respective organisations of review mechanisms for other regional anti-corruption instruments. Peer review has been an effective way of engaging with states but review mechanism bodies will benefit from greater exchange of information and co-ordination of technical assistance, especially when an organization is working in partnership with the technical assistance provided by the UNODC.
United Nations Rule of Law Assistance in Conflict-and Post-Conflict Settings: The Global Focal Point Arrangement
Anna Giudice Saget
UN Sponsored Event - April 14th - 13:15 | Al Bidah
Christopher Sidiropoulos
Michael Walne; Nicola Dockray; Louise Reynaud; Laurence Martinot; Huishi Hu; Tatiana Kaplun; Samah El Khattam; Abeya Aldabbagh
Rule of law is critical to the advancement of peace, the safeguarding of human rights, and the fostering of sustainable development. The United Nations strives to provide effective and coherent assistance with rule of law in conflict and post-conflict areas through a global focal point, focusing on rebuilding fair and effective criminal justice systems that respect the human rights of the accused and of victims and contain legitimate, transparent mechanisms whereby people can seek justice and redress.
In this capacity, the United Nations Development Program (UNDP) supports national authorities and communities to strengthen the rule of law and increase citizen security by providing technical and programmatic support to develop institutional capacities and improve access to justice.
The United Nations Office of Drugs and Crime (UNODC) assists the UN in addressing a cooperative, comprehensive approach to responding to crime prevention, criminal justice, terrorism and corruption. The UNODC tackles these objectives by providing technical and financial assistance to governments in the adoption of conventions, treaties and protocols.
The UN’s Department of Peacekeeping Operations (DPKO) manages and directs UN peacekeeping operations. It aims to build or rebuild the rule of law in post-conflict countries by assisting in restoring basic, functioning rule of law and security institutions across the criminal justice chain. Its police, justice and corrections advisers work closely with national authorities to ensure early peace building and stabilization, in line with mandates from the Security Council.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) works for the protection of all human rights for all people, helps empower people to realize their rights, and assists those responsible for upholding such rights in ensuring that they are implemented. Its focus includes supporting states in combating impunity and strengthening the rule of law and accountability, in particular through supporting: the establishment of transitional justice mechanisms compliant with international standards; judicial institution building and reform.
The 30th anniversary of the Victims Declaration
Anna Giudice Saget
April 15th - 13:00 | Auditorium 3
Jennifer Leahy
Zosia Krasodomska-Jones; Emily Bailey; Ana Vazquez Fernandez; Leticia Madrid Gonzalez; Tatiana Kaplun; Nicola Dockray
Irvin Waller
Jean-Luc LemahieuSilvia Fernández de GurmendiMona RishmawiAlejandro AlvarezAlexander ButchartLucie AngersMichael O'ConnellEwa PolanoMarc GroenhuijsenMaria De la Luz LimaSherrilyn Young
28
The President of the International Criminal Court (per video message), government representatives from Sweden, Canada and South Australia, senior representatives from UNODC, OHCHR, UNDP and WHO as well as the representatives of the World Society of Victimology, the International Organisation for Victim Assistance and INTERVICT celebrated the 30th Anniversary of the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The audience observed a minute of silence in memory of the 400 migrants who had died off the coast of Libya as well as for the 1400 plus persons who die every day as a result of interpersonal violence.
The panelists explained that the Victims Declaration had been a landmark text which had inspired further developments such as the Statute of the ICC, the UNTOC and UNCAC Conventions. The standards and norms pertaining to victims on an international scale as well as on a domestic level have improved. Victims have been given a voice. However there is much left to be done. Having all available services under one roof and continuing to be vigilant about making sure their needs are not lost in the focus on the offender are essential for moving forward. Partners committed to make additional efforts in particular to provide support and assistance to victims of conflict, victims of sexual and gender-based violence and child victims, by implementing the UN Guidelines on Justice in Matters involving Victims and Witnesses of Crime. Good practices exist around the world and the international community can ensure that victims rights are human rights and that victims receive redress, reparation and compensation.
High Level Special Event on Rule of Law, Human Rights and the Post 2015 Development Agenda
Simone Monasebian
UN Special Event - April 13th - 09:00 | Al Zubbara
Emma Trottier
Zosia Kransodomska-Jones; Bridget Spencer; Tarek Abbound; Farah Al Khatib; Andres Reche Stitt; Carmen Rus Rerez; Louise Reynaud; Sana Sakji
Yury Fedotov
Sam KutesaMartin SajdikKhalid Bin Mohammed AlAttiyahYury FedotovIvan ŠimonovićDmitry TitovMagdy Martínez-SolimánAndrea OrlandoPaiboon KoomchayaDanilo TürkCherif Bassiouni
200
This session focused on the rule of law. Panelists discussed the link most recently made between the rule of law and sustainable development, and that there can be no good governance without the rule of law and no rule of law without good governance.
In the decades ahead, the rule of law and human rights need to be incorporated at the international level, and the UN will need to position itself to assist states in building a framework of human rights in which the rule of law is central. To emphasize the UN's commitment, panelists outlined that 93% of UN resolutions included references to the rule of law.
The rule of law can help bring peace and security to states, as well as social and economic development. The rule of law is, and will continue to be, an instrument for peace, development, the protection of human rights, and the building and maintenance of fair societies.
The UN Trust Fund for Victims of Trafficking in Persons
Monica Belalcazar
UN Special Event - April 14th - 09:00 | Auditorium 3
Adrian Strong & Cinzia Miotto
Bridget Spencer; Michael Walne; Louise Reynaud; Sana Sakji; Farah Al Khatib; Tarek Abbound; Raquel de Pazos Castro; Catalina Sastre Fiol
Monica Belalcazar: the presentation was to highlight the main achievements of the UN Trust Fund for Victims (UNTFV) and underline the challenges of the first five years, showcasing the role of two NGOs it had supported in Nigeria and Nepal. The importance of assisting victims of trafficking is not only a humanitarian act but must be part of the overall fight against trafficking and part of the UN Convention against Transnational Crime. The key challenges face by the UNTFV are the increasing number of individuals and organisations in need of support from the fund and securing sustained financial support from members states and other donors.
H.E. Yuri Fedotov: the UNTFV is a solution, it helps today's victim to become tomorrow’s survivor through identifying the victims, providing them with support and seeking justice for them in the courts. It enables them to become integrated citizens and affords them due dignity. The UNTFV provides assistance to victims, particularly women and children. Since it was established in 2010, the first cycle of funding that ended in December 2014 supported 11 projects from different countries on five continents. Nearly $750,00 (USD) has been distributed to projects. These projects have provided vocational training, psychological and economic support. Basic health and education have also been provided.
Concrete examples can be given of where UNTFV has assisted individuals in a very real and positive way. Not all stories of Human Trafficking have a happy ending and work must continue. Slavery in trafficking has no borders, victims are from everywhere. The call for proposals for the next cycle of funding received many proposals, 15 can be funded but a further 54 projects met the criteria for funding and will be placed on a reserve list if further funding becomes available. Since its establishment, $2,000,000 (USD) has been received by the UNTFV from 19 donor countries and a few private organisations, it is very welcome, but not enough. H.E. commended Civil Society partners, partner organisations and donors to the UNTFV.
Maria Grazia Giammarinaro: prevention and protection of people from all forms of trafficking must be a focus for the UNODC, analyzing emerging trends in trafficking of people and proving support to the criminal justice response. The UNTFV provides vital assistance in preventing re-trafficking and is vital for prosecution of crimes. NGO partners are necessary, not only as service providers but also as strategic partners in the design of programs to protect and support victims. NGOs play a key role in exposing HR violations such as trafficking as well as when anti-trafficking measures violate HRs. NGOs raise awareness of trafficking in the community and hold accountable those that fail to prevent trafficking. They are often the first people that the victim of trafficking comes into contact with. They provide valuable support in terms of shelter, food and medical and psychological care. It is important that states provide funding to NGOs while fully respecting their autonomy. In this context the role of UNTFV is essential. It is not not meant to replace state funding and the obligations of states but many victims have received direct assistance and received opportunities for reintegration and the UNTFV contributes to the sustainability of NGO programs especially at grass roots levels. Dr Glammarinaro urged member states to donate to UNTFV, there is a long way to go to reach their collective goals. The role of the UNTFV is crucial. States still have their rights and duties to protect people. It is important that states raise their financial support to the UNTFV in order to empower victims and provide their human rights.
Two NGOs that received financial assistance from UNTFV gave presentations on the successes of their projects and the challenges they faced.
Ms Sunita Danuwar, from the Nepali NGO, Shakti Samuha aims to help survivors of trafficking lead a dignified life in society by providing them with a means of earning a living. Their goal is to establish a progressive society. The NGO operates in 11 districts across Nepal where the main challenges are the reintegration of victims into the community, finding victims a job and overcoming harassment and stigmatization. There are changing trends in trafficking of Nepali women for domestic employment overseas. They face a funding crisis and it is difficult to trace survivors due to the lack of protocol between Nepal And India. The funding issues mean they cannot presently support female victims of trafficking who return to Nepal with children in their shelters. There is a challenge to find long term support for survivors who really need individual support and finding sources of funding after end of the present donor support.
Mr Paul Adepelumi from the Nigerian NGO African Center for Advocacy on Human Development (ACAHD) explained the challenges facing Nigeria. Nigeria is a country that is at the same time the source, transit route and destination for trafficked women and children. The main concerns are for women trafficked for the sex trade and children for forced labor. Poverty is widespread. People have the desire to work and study abroad and so are vulnerable at the point when co-operation becomes coercion in crossing borders. Root causes of trafficking in Nigeria are a weak legal system, a limited capacity and will to control borders. There is a lack of political will to enforce legislation. The traditional system of entrusting poor children to more affluent friends or relatives creates vulnerability, Conflict is causing trouble too. Boko Haram is terrorizing northern part of Nigeria. The kidnapping of the Chibok Girls is well known but kidnapping and forced slavery are widespread with girls forced into marriage and children forced into becoming soldiers.
With the support from UNVTF, ACAHD has provided vocational job training, tools and equipment for victims to begin earning for themselves and provided start up grants and support to set up own small businesses
The challenges are the number of victims needing help and obtaining financial support for long term support.
A statement was made on behalf of the Austria Government noting Austria's support for the UNTFV from the very beginning and expressing Austria's continuing support.
A statement was made by the Anti-Slavery Commissioner for the expressing his commitment to working with UNODC and commending the work of UNODC in support of NGOs.
A statement was made by a member of the Qatar Mission to Geneva expressing the continuing support of the State of Qatar and noting the work of Qatar Foundation to support these issues in Qatar.
A statement was made by the President of the World Society of Victimology offering his continued expert support to the UNODC.
Violence Against Children in the field of crime prevention and criminal justice
Alexandra Souza Martins
April 15th - 09:00 | Auditorium 3
Giselle Armendariz
Ian Johnson; Tarek Abbound; Laurence Martinot; Louise Reynaud; Ana Vazquez Fernandez; Eva Pacios Santamaria; Samah El Khattam; Farah Al Khatib; Tatiana Kaplun; Nicola Dockray; Fan Wang
N.N. N.N.
Ambassador Elisabeth Tichy-Fisslberger HRH Princess of Thailand Bajrakitiyabha Mahidol Valerie LebauxMona RishmawiAnne-Li Norderhaug Ferguson
115
Protection of children is a matter of urgency. This session talked about how all violence, especially ones against children is preventable. One of the many problems in terms of violence is that children are victims who are unable to recognize violence and report this. In developing countries, children run the risk of being abandoned and become susceptible to abuse within the justice system. Not only are the children victims of the justice system by being put at risk to be abused by the police but by other detainees as well.
Violence against children is a human rights issues as much a it is a crime prevention one. The panelists all agreed that children have the right to be protected by having access to social welfare, health and public education. The overreaching goal being to end abuse, as well as violence and torture towards children.
The presenters and panelists proposed other alternatives instead of prisons. Children belong in schools with love and care; it is the wrong response to deprive them of liberty. In prison children are vulnerable to depression and psychological scars, and death can be real possibility. Other alternatives included the use of diversion and non custodial measures, as well as having child sensitive compliance measures.
There was much praise given to UNICEF for taking a proactive approach which reflects the work and promotion against child violence in various countries.
Building the City of Restorative Justice
Marian Liebmann
April 16th - 17:00 | Room 106
Alexandrina Catherine Nakayenga, Precious Onovo
Rachel Brett
Nicholas McGeorgeMarian Liebmann
10
A City of Restorative Justice is a city in which people, communities, organizations and institutions resolve conflict and repair harm by using restorative justice practices, processes and mediation skills. The speakers stressed that violence is a destructive way of resolving conflicts and how important it is to make apologies and make amends.
One of the things people forget about Restorative Justice is that it involves the community. For example, if a prisoner gets released and he is homeless, sending that person back into society without helping with accommodation is not not going to ensure reintegration back into society.
One of the measures that have to be taken in building a restorative city is convincing people to turn away from the retributive approach. If you have done something that is not right to someone, it is important that you make things right.
Impartial mediators are key in building a restorative city because they help parties involved to come to an agreement. Restorative Justice measures are simple but they really go a long way.
In North Carolina, there is an option of going to trial or to mediate. The results of mediation are immense.
It is important to run Restorative Processes in schools. For example conflicts between students, and between teachers and students can be settled, also it can help with reduction of racist incidents.
An example where Restorative Justice had a positive effect was in Bristol where many projects on conflict resolution were all vying with each other for attention, funds and priority. After mediation, they came together and joined hands under the umbrella ‘Restorative Bristol’.
Africa too has Restorative Justice but just informally. Even if Restorative Justice does not appear in the formal justice system, many aspects of restorative process are still evident in many African communities.
SPORT INTEGRITY: GLOBAL DATA-SHARING FOR EFFECTIVE INVESTIGATION AND PROSECUTION IN MATCH-FIXING CASES
Dr. Ashraf Dajani
April 15th - 10:30 | Auditorium 3
Erkut Cakmak and Kelvin Rodriguez
Emily Bailey; Candice Jones; Eman AlSharkawi; Maged Nofal; Silvia Diez Ginestar ; Anna Boira i Valls
Dimosthenis Chrysikos
Chris EatonLord John StevensMohammed HanzabNick TofilukYury FedotovDimitri VlassisStanislard FrossardLord Colin MoynihanPatrick MouletteMichael HershmanEmanuel MedeirosProfessor Mike McNameeRobert CrepinkoProfessor David ForrestPatrick JayRhodri LewisLaurent VidalGretchen JonkerSimone Farina
120
Sport Integrity: Global Data Sharing for Effective Investigation and Prosecution in Match-Fixing Cases seminar began with a landmark ceremony on the establishment of a new partnership between International Centre for Sport Security (ICSS) and United Nations Office of Drugs and Crime (UNODC). The session was opened by Lord John Stevens, acknowledging the Prime Minister of Qatar, and introducing Yury Fedotov, UNODC Executive Director and Secretary-General of the Thirteenth UN Crime Congress. Fedotov made a speech on the importance of sports integrity and the areas affected, as well as the damage done by match-fixing. Fedotov also mentioned UNODC’s contribution to sports integrity, and the prevention of organized crime. Lastly, Fedotov mentioned the partnership between ICSS and UNODC would significantly contribute to the notion of sport integrity.
Mohammed Hanzab, president of the ICSS, made remarks about ICSS’ previous seminars and summit, as well as the process in sports integrity made by his administration. Hanzab also mentioned the cooperation between ICSS and law enforcement, and its goals in order to establish a healthy and transparent sports environment.
The partnership ceremony was followed by general discussion and panel about match-fixing, organized crime, and money laundering. Michael Hershman, the moderator of the panel and a member of the Advisory Board of ICSS. The discussion focused on the cooperation of two organizations that are pioneers and authorities in their fields. Dimitri Vlassis, Officer-in-Charge of the Division for Treaty Affairs, UNODC, and Executive-Secretary of the Thirteenth UN Crime Congress, highlighted the transnational and organized crimes that are related to sports integrity such as money laundering, match-fixing, betting fraud, and trafficking. Vlassis also mentioned that the cooperation between these organizations would contribute to the sports world in a sense of transparent, fair, and powerful administration. Lord Moynihan focused on illegal betting and how should it be prevented, as well as the inter-agency cooperation between authorities. Having a good governance and administration, alongside with strong oversight and inspection are essential in the path to transparent and fair sports environment. Professor Mike McNamee highlighted the importance of educating the athletes, regulations and laws would play a major role in battling match-fixing, but the education of athletes and sports officials is essential in this matter. Second panel of the day focused on data sharing methods for effective investigation and prosecution in match-fixing cases. Patrick Jay, independent betting expert, former director of trading at the Hong Kong Jockey Club, mentioned how illegal sports-betting doubled since last year in Hong Kong and how the authorities are having trouble preventing it. The second panel included more technical matters and strategies to combat match-fixing and organized crime in the sports environment. In addition, information and data sharing methods are discussed alongside with the steps that need to be taken in order to contribute to the data sharing methods and maintaining sports integrity. Lastly, Patrick Moulette, OECD- Head of the Anti-Corruption Division, approached the conflict from a larger perspective. Moulette’s focus was on corruption and its effects on sports, as well as OECD’s approach to the issue of corruption in the global society and economy.
Third and last panel of the session focused on the data to prosecution. In this panel. Simone Farina, community coach and a former professional footballer, who is also known for reporting the match-fixing offer that he received from one of his teammates to the authorities, was also present in the panel. This panel focused on economic aspects and organized crime that are major parts of match-fixing.
Strengthening national and international cooperation in preventing and countering terrorist financing
Mauro Miedico
UN Plenary Meeting - April 14th - 15:30 | Auditorium 3
Strengthening National and International Co-operation in Preventing and Countering Terrorist Financing
Candice Jones; David McCafferty; Leticia Madrid Gonzalez; Louise Reynaud; Sana Sakji; Laurence Martinot
Yury Fedotov
Trevor Rajah
75
Mr Trevor Rajah (Chief of Terrorism Prevention Branch UNODC): The international community faces a tremendous threat from terrorism and underpinning all terrorist activities is their ability to finance them. Members States are increasingly concerned about new and evolving threats; kidnap for ransom, the foreign fighter terrorist phenomenon and links between transnational crime and terrorism.
Under Secretary General HE Yuri Fedotov – Executive Director UNODC: Terrorism is financed from a variety of sources but most of those are illicit; drug and arms trafficking arms; theft and sale of cultural items and illegal exploitation of natural resources. There are increasing links between transnational organised crime groups and terrorist groups.
In Afghanistan significant amounts of Taliban activity are financed through drug trafficking. In Africa, both East and West African terrorist groups draw their finance from the drug trade and from piracy. ISIL has multiple revenue streams from kidnap for ransom to exploitation of cultural artefacts.
It must be the aim of the international community to prevent terrorists benefiting from transnational crime – national legislative frameworks must counter terrorist financing activities; measures must be in place for banks and international financial institutions to identify, report and investigate suspected terrorism related transactions; law enforcement agencies must possess the specialist skills to investigate terrorist financing. Similar tactics have been used to pursue organized crime groups. The UNODC has found that the most frequent technical assistance needed are promoting co-operation between agencies fighting terrorist financing and enhancing regional and international frameworks.
UNODC’s work is to build national capacity, ensure there are effective legal regimes and in particular prevent and suppress the threat of terrorism. Going after the terrorist business model remains a major challenge and requires a cooperative strategy so terrorists and those that finance them cannot exploit the gaps.
HE Aqeel Kareem Khazaal (Deputy Minister for the Interior, Iraq): The situation in Iraq is well known to the international community. Iraq is suffering human and financial loss through terrorism. Iraq has seen over 14,500 civilian deaths and widespread destruction of buildings. Terrorism in Iraq has been overwhelmingly financed by blackmail, kidnap, robbery, the selling of cultural artefacts and natural resources, people trafficking, bank robberies, and funds received from sympathisers from other countries. There has been huge financial impact on Iraq, access to medication and food has at times been limited.
Terrorism is changing and evolving and thanks to the financing it receives. The source of this money is often unknown. In order to be effective in the fight against terrorism in Iraq it is necessary to implement all the decisions of the UNSC, especially those relating to terrorism. To find and deal with these terrorists Iraq must work with other countries to find a common framework, it is necessary to legislate at a national level to criminalise the financing of terrorism. In the view of Iraq it is necessary to set up an international court that will try terrorist offences but most important is common procedures amongst members of the international community.
HE Ashraf Rifi (Minister of Justice, Lebanon): Terrorism, the financing of terrorism and the fight against both is not knew. The international community has a number of conventions relating to certain terrorist activities and the international community and the UNSC have co-ordinated efforts to support nation states in the fight to prevent terrorism within their borders. The new dimension in the spread of terrorism in the recent past is that terrorist organizations now operate in large territories and have large resources to support their operations. The sources of terrorist financing are many and varied.
A common strategy is needed to fight terrorism. Terrorism must be condemned in all its forms. Action must be taken to remove the situations that lead to terrorism and reinforce the fight against terrorism whilst guaranteeing human rights. Money laundering is the most common amongst all the illegal activities that support terrorism. It is easy for terrorist organizations to take advantage of forced deportation and movement assets and spread the ways they are financed. Stolen archeological objects are reaching the markets of Europe and real source of these items is concealed.
Terrorist organisations also control petrol and gas resources in Iraq – Daesh (ISIL) sells 10,000s barrels each day – selling these assets internationally. The terrorist organisations know that their funding will not dry up whilst they can still transfer funds internationally and target some weak banking systems. Substantial effort is needed to co-ordinate and stop terrorist organisations taking advantage of these gaps.
A further problem are the informal and secret transfers of funds. Bitcoins and the Silk Road phenomenon , for example, are difficult to investigate and the international community needs to support Arab state efforts to combat these formal and informal transfers of money.
Lebanon suffered and fought a ferocious war against terrorism and in the process proved that moderation is the only way to control terrorism and its scourges. Lebanon has also taken a number of measures related to the banking system including establishing an independent body to fight money laundering and the Bank of Lebanon has taken a number of decisions to prevent terrorist money laundering and transfers.
The Special Tribunal for Lebanon provides has provided a number of measures applicable to the fight against terrorism, an example being the protection of witnesses connected to terrorist cases.
Terrorism is not defined by the perpetrator but to the act itself; terrorism targets people whose only fault is to claim liberty and freedom. The international community’s determination to combat the financing of terrorism is a launching point to fight terrorism in the world. The fight against terrorist financing requires credibility to bring life to a new area in the fight against death and darkness represented by these obscurant forces.
HE Said Yusuf Halem (Acting Minister of Justice, Afghanistan): Afghanistan suffered around 3.5 decades from the turmoil of war and continues to suffer from terrorism. Important in the financing of terrorism in Afghanistan is narcotics. The government of Afghanistan has made considerable efforts to reduce crime that finances terrorism and since 2001 Afghanistan has consistently been a partner of the international community in their efforts to combat terrorism and the financing of terrorism.
Afghanistan has enacted legislation, established a specialized police unit to fight terrorism and specifically for the fight against money laundering, created a Financial Intelligence Unit. The first step in fighting terrorist financing is to criminalise the act and criminalise not only those who directly finance terrorism but those who are linked to those acts. Member states must freeze the accounts of terrorists and make sure no direct or indirect source of terrorist finance remains in their custody.
One of most important preventative measures is to monitor financial regimes, forbid citizens and entities from maintaining shadow accounts and have customer monitoring activities and ensure that the identity of account holders is fully known and their purpose for maintaining accounts and making financial transactions is known. An important issue for Afghanistan and other developing states is the regulation of cash transfers. The prohibition of Hawala in all its forms is however not only undesirable but stops business in many forms. Measures can be taken to ensure that proper records are required to be kept.
Assistant Secretary General M. Jean-Paul Laborde (Director UN Counter-Terrorism Committee Executive Directorate): The fight against the financing of terrorism not a new issue but nature of it has changed as new strategies and tactics are employed by the terrorist organisations. The role of the UNODC is therefore vital. The taking over of territory by terrorists provides new sources of financing for these groups but also provides opportunities as the terrorist organization will acquire financial obligations to support that territory it controls.
Selling the oil produced on the territory that terrorists control, systematic looting and taking hostages for ransom are all new forms of financing terrorism but the international community can be progressive and flexible in its response. ISIL has increasingly found it difficult to make a profit from oil and the smuggling of antiquities within the territory it controls due to collective action by the international community. Similarly Boko Haram, is moving revenues from drugs smuggling and kidnap/ransom on occasions using bank branches in the territory it controls before the transfers can be blocked. The multi-faceted nature of the financing of terrorist organisations is a problem the international community faces but may present opportunities to target the outflows, terrorist controlled territory needs to be supported economically and socially; paying foreign fighters etc. means huge expenses so whilst the international community must continue to attack terrorist financing in the traditional way such as improving and implementing national legislation, there is an imperative to use more innovative actions. States must be more open and proactive in exchanging information on money transfers and the flow of funds. States must not hesitate to spontaneously exchange this information, especially where that information may be of use to another state. It may be necessary to think differently in terms of sovereignty. The time to respond to a request for information must be reduced, the transfer of electronic funds is so fast and so fluid, the response must be immediate or the terrorists will always be one step ahead.
This is easy to say but not easy to do and the UNODC does an exceptional job in going beyond co-operation and in taking steps to ensure everything in national legislation is in accordance with international instruments so that activity is consistently criminalized in different countries and terrorists cannot exploit the gaps.
Prevention and work of SC important but there are areas where we have no legislation for areas of ML, traditional sense of cooperation – reciprocity, countries must therefore be aware of all these aspects. On a state basis there is often not enough co-operation between agencies and the UNODC works to advise, make recommendations and guide the fight against terrorist financing and provides technical and political support to the creation of coherent and strong foundations for the international response.
There had been a number of Request for Interventions:
EU Delegation – outlined what had been done recently in the EU to tackle terrorist funding and to promote international co-operation.
Representatives from the CJTF, Tunisia and Morocco also made interventions but due to pressure of time were requested to put their full statements in writing and circulate them.
The role of international legal networks in the fight against transnational crime
This panel discussion was lead by high level policy makers in the justice sector such as Attorney Generals, President of the Supreme Court and experienced members of IberRed. They explained, IberRed as an informal cooperation tool, for both civil and criminal law, at the disposal of judicial operators from the lbero-American countries. It is a network that consists of regional judges, prosecutors, officials of the Ministers of Justice and Central Authorities that facilitates trust and communication among the Ibero-American countries. IberRed successfully works cohesively on investigations in criminal matters involving mutual legal assistance, extradition, transferring of sentenced person, transnational organized crime, corruption and illicit narcotic trafficking. IberRed encounters challenges since its creation ten years ago, but emphasizes on the efforts and achievements reached and the need for updating information and promoting a mutual exchange of international legal cooperation between countries and specialised networks of the same nature. It was brought the attention that a network is not a synonymous of a forum; there objective and daily work differs notoriously from one another. The network maximizes accessibility of crucial information and trust via partnerships to combat against transnational crime and via the secure communication system Iber@.
It was appointed that there are three key aspects to fight against organised crime in an efficient way: coordination, compromise and trust.
Within the coordination there are three phases that must be covered: internal coordination (national), coordination between countries (international) and formal/informal coordination.
It was highlighted that the collaboration of the States must be in the same stage of equality, equity and reciprocity with the aim to strength effective collaboration, solidarity and mutual knowledge, as well as common strategies.
A participant explained that Spain has approved recently a law according to which the product of any seizure over 10.000 euros will be share in a 50% with the cooperating State. The only requirement is the principle of reciprocity.
IberRed is recognised by its members as a structure free of bureaucracy that facilitates cooperation and trust among them. Therefore IberRed should be reinforced and its experience should be replicated.
International Correctional Core Standards: Adult and Juvenile
Dr. Elizabeth Gondles
April 13th - 17:00 | Auditorium 1
Zoe Bertrand
Dr. Elizabeth Desiderio Gondles
15
This session was an overview of the American Correctional Association’s (ACA) work in international corrections and correctional standards. Doctor Elizabeth Desiderio Gondles gave a brief overview of the ACA history and the work that was started as far back as 1870 on international corrections, drawing a correlation that we are still facing many of the same issues as we did in 1870. She turned her attention to share with the audience an exciting and successful initiative that the ACA has taken on with the development of International Correctional Core Standards (ICCS)and its accreditation program. Since 1954, they have published operational standards designed to enhance correctional practices for the benefit of inmates, staff, administrators, and the public. In 2011, the Association field tested the International Correctional Core Standards in the country of Mexico. This initiative was designed to implement a program that promotes exemplary correctional practice based on human rights and humane treatment of offenders on the international level. The standards uphold the principles of humanity, justice, protection, opportunity, knowledge, competence and accountability. The Standards are designed to
– Protect human rights
– Safeguard life, health, and safety for inmates and staff
– Ensure respect and dignity for all
– Establish and maintain consistent policies and procedures
Through the International Correctional Core Standards and accreditation program, agencies:
– Continuously review their policies and procedures
– Have the ability to make necessary improvements when deficiencies are recognized
– Maintain consistency in staff development and operations both within the institution and across the correctional system
International Correctional Core Standards accreditation requires written policy and procedures to establish a training and staff development program for all categories of personnel. The training requirements address all pre-service, in-service and specialized training curricula with clear timelines, and considers the institution's mission, physical characteristics and offender populations.
Accreditation is an audit process that improves facility operations through adherence to ICCS. The audit process involves assessments that cover administration and management, the physical plant, institutional operations and services, and offender programs. It also assesses issues and concerns that may affect the quality of life at a facility such as staff training, access and quality of medical, mental and dental services, sanitation, use of segregation and detention, incidents of violence, crowding, offender activity levels, programs, and provisions of basic services that may impact the life, safety and health of offenders, as well as staff.
Whether a facility or program, the accreditation process ensures a clear assessment of strengths and weaknesses. Staff, as well as offenders, benefit from increased accountability, attention to physical plant issues and security procedures.
The International Correctional Core Standards are divided into seven categories:
1: Safety
2: Security
3: Order
4: Care
5: Program and Activity
6: Justice
7: Administration and Management
The 138 individual standards have been field tested in the country of Mexico. In 2013 Mexico has started accrediting their state and federal institutions. Following the example of Mexico, more nations are becoming interested in International Correctional Core Accreditation. Dr. Desiderio Gondles, closed the session by quoting Eduardo Guerrero, General Director, Special Prosecution Office for Sentence, Execution and Judicial Measures
“ACA has given {Mexico} the opportunity to standardize the processes and procedures, and this is reflected in the great security benefits that the accreditation of eight facilities in Chihuahua has brought for all citizens.”
Measuring Risk Factors and Social Dynamics for a National Crime Prevention Strategy
Adda Garza
April 13th - 15:00 | Room 105
Basharet Sher and Levi Chimaeze Nwokedi
Silvia Diez Ginestar ; Anna Boira i Valls; Emily Bailey; Ian Johnson; Noha El Sawah; Tatiana Kaplun; Nicola Dockray
Jean Luc Lemahieu
Roberto CampaEunice RendonAdrian Franco
66
The speakers for the session was Roberto Campa, Eunica Rendon, Adrian Franco. In this session the speakers discussed "measuring risk factors and social dynamics for a national crime prevention strategy" the subjects covered in the session were Alternative Sanctions, Crime Prevention and Violence.
They also shared a Survey on Social Cohesion and Crime Prevention (ECOPRED). This survey will allow policy makers and civil society in Mexico to obtain accurate information on the risk factors and social dynamics that increase the probability of occurrence and persistence of crime and violence. This is the first time in Mexico and the world that crime and violence risk factors will be measured at a national scale presenting its users with a unique tool to better understand the complexities of this phenomenon and develop state of the art policy interventions to mitigate it.
Public-Private Partnership to Combat Transnational Organized Crime
Kirk Arthur
April 16th - 10:30 | Auditorium 3
Lawrence Mitchell, Yetunde Ruqoyat, Olumide Oniyide
Not available
Dale Waterman
27
Presented by the Digital Crime Unit, Microsoft Corporation. The function of the unit is basically privacy and security of networks. There are 119 locations around the world. Issues involve fighting malware, protecting vulnerable populations, the elderly, and other protected groups. The unit has traditional investigators like those that follow the money and digital investigators. Two of the major projects are 1) the prevention of child exploitation and 2) scams involving the elderly.
In the prevention of child exploitation or child pornography, the unit has developed a system to intercept websites that share pornographic photos. There are almost 1.8 billion uploads per day that are shared online. The Unit can get warrants from judges to intercept internet communications, locate the users and servers, and provide that information to traditional law enforcement agencies in the located countries to facilitate arrest. Also, the unit can identify scams that target the elderly such as websites that collect and steal financial data on bank accounts.
The Digital Crime Unit works to protect commercial organizations such as banks and users of Microsoft computers. They work with these corporations to better protect their systems by monitoring their networks for malware. Microsoft is working with corporations to manage big data storage systems. They have instituted a Cyber Security Team and Intelligence Unit to better help their customers.
Prison Overcrowding
Piera Barzano
April 16th - 13:00 | Auditorium 3
Giselle Armendariz
Emily Bailey; David McCafferty; Eva Pacios Santamaria; Catalina Sastre Fiol; Tarek Abbound; Noha El Sawah
UNODC, in cooperation with the International Committee of the Red Cross (ICRC) has published a "Handbook on strategies to reduce overcrowding in prisons" to be used by practitioners and policy makers. Available in several languages, the handbook analyzes the possible causes of prison overcrowding and proposes strategies to address them. Prison overcrowding has reached epidemics proportions in many countries, with 77 countries worldwide reporting prison occupancy rates higher than 120% in 2014.
The challenges brought about by prison overcrowding have to be dealt with by prison administrations although the solutions are seldom within their reach. Prison overcrowding has usually several mutually reinforcing causes, like for example punitive criminal policies, overreliance on pretrial detention, lack of alternatives to imprisonment, insufficient access to legal assistance, etc.
Prison overcrowding makes it difficult to dedicate individualized attention to the prisoners and has serious consequences on the conditions of detention, with more people competing for insufficient resources in cramped and unhealthy environments. ICRC underlined the deleterious effects of overcrowding on the prisoners’ health and drew the attention to the importance of proper planning and standards for prison construction to ensure decent living conditions.
An example of the need for a concerted and coordinated effort by various actors in order to successfully reduce prison overcrowding is the South African experience. In a few years, South Africa managed to dramatically reduce the rate of prison overcrowding through strong political will that translated into a multi-pronged strategy, the implementation of which is being supervised by a National Overcrowding Task Team.
Open Society Justice Initiative has recently published a report (Presumption of Guilt) highlighting the excessive and arbitrary use of pretrial detention at the global level. In many countries, high levels of pretrial detention greatly contribute to prison overcrowding. Pretrial detention has a terrible human and financial impact on society as it disrupts the lives of detainees and their families, leads to loss of employment and housing, causes public health problems and results in stigma and greater difficulties in finding a job upon release. Preference should be given to non-custodial measures rather than pretrial detention.
PRI advocated better and wider use of alternatives to imprisonment and underlined the importance of properly informing the public on their application. The most widely used options are probation and community service. While many countries had in place legal provisions foreseeing different types of alternatives to imprisonment, the reality was that judges often did not feel comfortable in applying them as they were afraid of the reaction by the media and the public. Imposing a non-custodial sanction means that offenders can continue to work and earn a livelihood for them and their families; care for their children and, if a Community Service Order is made, contribute to the community through unpaid work.
In Latin America, there are high levels of prison overcrowding and women prisons are often worse as women prisoners tend to be grouped in fewer institutions that are usually very crowded. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) address the specific needs of women in prison and call for measures to mitigate the particularly harsh impact of detention on them. Very punitive drug laws that fail to discriminate between drug traffickers and micro traffickers, have contributed to the increase in the number of women prisoners in Latin America. Many of the women involved in micro trafficking are foreigners, far away from their families and in even greater need for special attention. Recently, several countries have introduced changes in their criminal law, taking into account the conditions of poverty and social exclusion of many of these women to shorten their sentences and facilitate their access to non-custodial measures.
The panel discussion concluded stressing the importance of addressing prison overcrowding as a complex problem, requiring strong political will and a multidisciplinary and concerted effort to be solved.
Revision of the UN SMRs for the Treatment of Prisoners
Olivia Rope
April 14th - 13:00 | Auditorium 1
Emma Trottier
None
Martin Matter
Eduardo VetereVongthep ArthakaivalvateeLucky MthethwaAndrea Huber Nathalie Peter Irgoin
50
The session began with a brief history of the UN Standard Minimum Rules for the Treatment of Prisoners (SMRs) as well as an overview of the current review process to amend and update the SMRs.
It was noted that, while the SMR have remained a useful standard, they have become antiquated in some areas and are no longer in sync with current standards of criminal justice and human rights. Panelists highlighted the commitment by states in Resolutions guiding this process that the current review process must not lower any of the existing standards, and that any amendments must maintain the foundation of providing safety, security and humane treatment of prisoners. Examples of areas and Rules under review were given, including access to legal representation, health care and investigations into deaths in custody.
Assessing the forth intergovernmental Expert Group meeting in Cape Town, South Africa, in March, the panelists agreed that the outcome, result of thorough and intense negotiations, was very positive and that the process should be concluded with the adoption of the revised Standard Minimum Rules for the Treatment of Prisoners at the forthcoming Commission on Crime Prevention and Criminal Justice in Vienna in May. The panelists also welcomed the proposal that the revised SMR should be made known as the ‘Mandela Rules’.
The absence of a preamble, referencing other applicable standards that supplement the SMRs, was noted as one of the issues that was not resolved during the Expert Group meeting. A suggestion was made that such reference could be included in the preamble of the Resolution adopting the SMRs.
Overall, strong support was voiced for revisions to the SMRs as proposed by the Expert Group after four substantive meetings. As for the further process it was noted that a Resolution will be tabled by South Africa at the forthcoming Commission on Crime Prevention and Criminal Justice, which – in case of adoption – would be brought before ECOSOC and ultimately adopted by the UN General Assembly.
Further steps discussed included the implementation of the updated SMRs – if adopted – at the national level, requiring a respective commitment by states and the international community, including technical assistance. The participants and panel discussed how the UN and other agencies and organizations can contribute to the implementation of the SMRs. Reference was made to the important role of internal and external inspections, and of sharing best practices amongst states.
Criminal justice in the penal and correctional institutions and juvenile welfare
Mohammed Al-kuwari
April 16th - 17:00 | Auditorium 3
Erkut Cakmak - Kelvin Rodriguez
محمد الكواري
Abdulla S. Al mohanadi
40
The panel’s focus was on criminal justice in penal and correctional institutions and juvenile welfare. The panel centered on certain set of questions and seeking answers to such questions about corrections field, as well as Qatar’s experience on achieving criminal justice for prisoners and juvenile offenders. Qatari constitution and rights was highlighted in the presentation, stating that every family, child, and youngsters should be protected from corruption. The importance of family bond is also emphasized because it is regarded as one of the reasons why young individuals make wrong choices.
Major reforms and benefits about the inmates were highlighted. Rehabilitation centers were presented stating that they are fully equipped by necessary services and needs. Prisoners would see their families and spend time with them whenever they are allowed to do so. These buildings are renovated and modernized to provide shelter to the inmates in accordance with international human rights conditions. Communication with the outside world and family is essential for the inmates. Therefore Qatari authorities contributed to this notion by enabling a family day program whereby the inmate spends a 24-hour day with the family in a villa-like locale to rekindle family ties and spirit. Vocational and professional rehabilitation is essential in order to ease the procedure in rehabilitating and/or reintegrating the inmate into the society. Therefore, establishment of a teaching center for drawing, carpentry and other similar crafts, equipped with workshops and tools to provide inmates with suitable skills and enable restitution of inmates into the community on release. Social care is also a significant factor in rehabilitating the inmate. Therefore, examining and solving psychological, social, and financial problems and providing social support from public authorities is imperative. Educational, cultural, and religious rehabilitation includes inmates to visit a public library, a TV that is provided to inmates with selected channels, as well as Qur’an classes to contribute to the religious rehabilitation. Psychological care includes treatment to inmates that suffer from psychological disorders. Sports activities are provided to the inmates as physical fitness is as important as mental fitness. Health care is another aspect of assistance to the inmates which provides preventive and therapeutic health care in a clinic equipped with adequate equipment and tools. The inmates are allowed to pursue an education at all levels and study material and an appropriate learning environment are provided to the inmate.
Achieving the criminal justice of minors, focusing on the general legal framework of the constitution was mentioned. The institutional frame to achieve the criminal justice of juveniles, and the role of human rights in contributing to the social welfare of the prisoners and minors, and human rights of prisoners and children in the aspects of human rights management were also highlighted in the panel.
In conclusion, outstanding opportunities to enhance the criminal justice of prisoners and juveniles, as well as challenges and projects alongside with the future visions were recapitulated.
The experience of Saudi Arabia on mutual legal assistance requests
Dr.ISSA ALISSA
April 13th - 17:00 | Room 106
Ian Chapo & Nora Aly-Shams
Eman AlSharkawi; Tarek Abbound; Eva Pacios Santamaria; Louise Reynaud; Anna Boira i Valls; Catalina Sastre Fiol
Dr.ISSA ALISSA
Issa AlissaTurki Altimami
30
Experts discussed the establishment of the “Permanent Committee for Legal Assistance Requests” in the Kingdom of Saudi Arabia, the central authority to facilitate mutual legal assistance (MLA). This committee assists the prosecution by providing responses to legal assistance requests. MLA is an investigative tool that operates as a liaison between the international community and the Kingdom of Saudi Arabia. The success of MLA requires the mutual cooperation of member states to combat transnational crime.
The newly founded Permanent Committee effectively responded to the demand for a centralized legal authority by processing over two hundred legal assistance requests from various states to combat international crime. However, the international community must comply with the regulatory requirement standards of requests to streamline the MLA process.
Trafficking in persons and smuggling of migrants: the successful experiences in the field of criminality in exchange Almsaadhaleghanonah and to protect witnesses and victims of trafficking
ZUHAIR ALZOUMAN
April 14th - 15:00 | Room 106
Cinzia Miotto
ZUHAIR ALZOUMAN
12
Zuhair Almouzan presenting trafficking in persons and smuggling of migrants: the successful experiences in the field of criminality in exchange Almsaadhaleghanonah and to protect witnesses and victims of trafficking.
He is an investigator and director of study centre for public prosecution in Saudi Arabia.
The crime of trafficking in persons and smuggling of migrants has a negative impact on national and international economy. The crime negatively influences people’s dignity. More efforts must be exhorted on an international level; the Kingdom needs to address this issue.
5 sections are presented by Sir Zuhair Almouzan:
1. Criminalizing trafficking of people;
2. Protection of victims;
3. Penalize those who committed the crime;
4. Measures to be taken against criminals;
5. Challenges to avoid this crime in the future.
All the actions have always been criminalized by the Islamic law in the Saudi Kingdom.
Any type of moving or trafficking is criminalized. Anything that is misusing for exchange or trafficking, forcing people to work, slavery, organs exchanging is criminalized. Trafficking in persons in Saudi is in coordination with the UN protocol. Saudi added an extra definition. It is a crime also to conduct medical experiments.
1. The usage: we can use a person forcing to work
2. Moving: to oblige person to move
3. Transportation: from one place to another
4. Accommodation for that person
5. Host this victim from outside the country
The following means can facilitate this crime:
1. Criminalized by kidnapping, misuse of power and money in order to get the person to agree with this crime
2. Use of force against the victim.
The legislator in Saudi Arabia punishes begging, misuse of power over victims. Saudi legislator added more crimes to the definition, including the use of physical force, to commit forgery. Not reporting the abuse of power is a crime. Those who try to conceal this crime will be punished.
The Ministry of Interior is the specialized authority able to protect and track the victims.
The penalty procedure guarantees rights to victims.
Trial and court should hear all the statements in Arabic with translations. Victims can also attend social and medical centers if needed. Security and protection is provided. Victims should be placed in accommodations that are under the authorities protection.
There are penalties for human trafficking with a minimum 15 years custodial sentence. It can serve as deterrence. Those who hide information can be sentenced to prison. The law did not state the minimal penalty because the judge has wider authority.
If the crime is committed by a group or to a child, woman, employee, within family, or over transnational borders, the Saudi legislator has the right to punish with the same punishment of who committed the crime. Harm is considered also physical, psychological and sexual. It is important to protect children including the banning of material that can corrupt a child.
Employers should give rights to its workers, and not exploit through low wages. Any violations of these conditions will violate also the contract. The related resolution is that the employer should not keep the passport and the employee can move freely within Saudi territory.
The 2010 resolution states that there is no discrimination in payment between male and female workers. Authorities have the right to stop the visas of illegal employees.
The court has the obligation to protect all witnesses to avoid threats or abuses against them.
The Kingdom takes part of all regional conferences and it is committed to solve this issue on an international level.
Mohammed Bin Naif Counseling & Care Center Experience in Extremism Confrontation
Dr. Nasser Al Muteiry
April 13th - 15:00 | Room 106
Erkut Cakmak, Cinzia Miotto, Christopher Sidiropoulos
Tarek Abbound; Farah Al Khatib; Bridget Spencer; Eman AlSharkawi; Liying Zhang; Yuan Zhang; Andres Reche Stitt
Dr Yahya Abu maghayed
27
Session is held by Dr. Nasser Al Muteiry and it is about Mohammed Bin Naif Counseling & Care Center Experience in Extremism Confrontation. Dr. Al Muteiry opened the session condemning terrorist acts and mentioning the importance of cooperation in fighting terrorism. Another key point Dr. Al Muteiry made is the fight against terrorism should be carried intellectually and wisely. The importance of re-integration the criminals into our society are also essential.
3 key points are highlighted in the session: counseling, rehabilitation, and care. Counseling is the first step to the system where the individual is provided with correct and healthy counseling. Rehabilitation is the second step where the individual is rehabilitated and re-integrated into the society. Care is the last step of the system where the individual receives constant care in order to keep them in the right track. The center will try to achieve its goals through these steps. It is noted that individuals are still benefiting from these rehabilitation programs in order to get away from terrorism. Lots of prisoners, convicts, and criminals are benefiting from these programs. There are two types of tracks that are established to fight terrorism in a rehabilitative way. One of them is the preventive way, which is the way that is designed to prevent individuals from taking wrong steps in their lives, and the other one is curative way which is designed to cure and rehabilitate individuals that made mistakes in their lives. There are three counseling and treatment programs that are used in the center: individual advice, where individual dialogue sessions with incarcerated individuals are held, scientific courses, where lectures by advice committees’ members for some of the prisoners, and lastly, women advice, which is a dialogue session with some female prisoners by female element of advice committees’ members. Key findings were provided as statistical data at the end of the research presentation. The results show that center’s activities were useful in the path to fight terrorism and rehabilitation of individuals that have extremist ideas and behaviors.
Educational program involves training programs that are short but intense, but give these individuals skills that enable them to rectify their past. There are different sections within the program that these individuals are directed to, that helps them to overcome their problems. Training programmes rehabilitate these individuals especially the ones who come from conflict zones and haven’t seen their families for a while. The Cultural Programme is another type of initiative in the center which includes a group of variety programs aimed to educate beneficiaries to acquire knowledge and expertise that contribute to the adaptation and integration into society. Sport and recreation programmes have several courses focused on physical education and recreational sessions that help the individual to have a healthy lifestyle.
تجربة المملكة العربية السعودية في مجال مكافحة المخدرات - The experience of the Kingdom of Saudi Arabia in the fight against drugs
راشد العارضي
April 14th - 17:00 | Room 103
Christopher Sidiropoulos
راشد العارضي
15
Drug related crime poses a threat to the health of Saudi youth and its society in general. The youth is a particularly vulnerable target of drug related crime. Saudi Arabia has established policies and committees that aim to combat drug related crime through both law enforcement measures as well as educational programs, awareness programs, and rehabilitation services. These policies are in coherence with international conventions and treaties.
Saudi Arabia has established 133 departments dedicated to combatting drugs as well as providing services to victims, Saudi and foreign, of drug related crime. Saudi Arabia’s fight against drugs is based on three components: raising awareness of the dangers of drugs, security, and cooperation with the international community. Regionally, Saudi Arabia has strived to establish a unified Arab response to the issue of drug crime. Internationally, Saudi Arabia has cooperated with other states such as Turkey and the United States, particularly in the exchange of intelligence. Saudi Arabia has also cooperated with international organizations such as Interpol in its fight against drugs.
If a drug related crime has occurred within its jurisdiction, then Saudi Arabia has the responsibility to take appropriate law enforcement and punitive measures. Such punitive measures should be balanced and fitting to the crime.
International cooperation and coordination is of utmost importance. In this respect Saudi Arabia has facilitated all communications between its various department with other states and international organizations. Saudi Arabia has also entered into several bilateral agreements dedicated to fighting drug related crime as well as other related crimes such as money laundering.
EIHAB ELSAYED ABOUELYAZID NAIL
EIHAB NAIL
April 17th - 15:00 | Room 102
Catherine Alexandrina Nakayenga, Precious Onovo
EIHAB NAIL
7
SESSION CANCELLED
SMALL IS BEAUTIFUL: Best Practices in Juvenile Corrections
Dr. Marayca Lopez Ferrer
April 14th - 13:00 | Room 105
Yetunde Ruqoyat,Dahunsi Oluwafemi and olutayo
NA
Dr. Marayca Lopez
19
Dr Lopez highlighted measures by which we can help troubled youth offenders to turn their lives around while in correctional facilities. How we can effectively help them with rehabilitation, to feel empowered, dignified and respected. She also discussed two of the main ways by which youths in juvenile correctional facilities are handled. The first one being the punitive or traditional way, where youths are seen as inmates and incarcerated in large, prison-like, remote facilities; the other approach, a rehabilitative one, where youths are housed in less restrictive settings, in small facilities located near where those kids come from and which offer a home-like, therapeutic environment where isolation is replaced with non-stop group activity and the emphasis is on programming and treatment over punishment.
Furthermore she discussed key elements to a successful paradigm shift under the following headings/groupings:
•system hallmarks (cultural change, getting political will, strong leadership, appropriately trained staff, community and public support, etc.),
•facility hallmarks (local/decentralized sites, small scale and capacity, welcoming, normative and therapeutic environment , etc.).
She believes that the building itself can be used as a therapeutically, rehabilitative tool if planned and purposely designed as proved by some best practices such as:
•the provision of a variety of spaces to accommodate programmes and services (education, vocational training, counselling, physical and mental health, medical services etc.);
• spaces to celebrate achievements (as a way of encouraging and empowering youth, giving out awards, medals or other incentives);
• the provision of a variety of spaces to accommodate volunteers, families, community helpers e.t.c;
• the provision of a safe environment (secure perimeter, good sighlines, open settings, small groups of youth, low staff to youth ratios, spaces for healing), and most importantly, the provision of a normative environment (access to fresh air, plenty of natural light, use of a variety of colors, textures, materials, personalization of the space, movement throughout the facility).
Through case studies from North America, she was able to present evidence-based information on the key role that the physical environment can play in shaping positive behavioral change necessary for the successful reentry and rehabilitation of youth detained in correctional facilities. The information provided can be utilized by persons that are concerned about the placement of youth in juvenile corrections and also for policy makers and governmental bodies that are trying to shift from a punitive model to a rehabilitative one.
Special event on Legal Aid in China
Ms. Hui XIA
Reception - April 13th - 18:45 | Room 105
Catherine Alexandrina Nakayenga, Obioma Uchechi
Liying Zhang; Yuan Zhang; Noha El Sawah; Maged Nofal; Silvia Diez Ginestar
Jianan GUO
70
Brief Introduction to Special Event on Legal Aid in China
Hosted by Chinese Delegation
AGENDA:
18:45 Admission
19:00 the beginning
19:00-19:10 opening remarks by officials from UNODC and Ministry of Justice, P.R.C
19:00-19:20 a short video about Legal Aid in China
19:20-19:45 free discussion (with beverage and finger food)
RELATED INFORMATION:
Since 1994 when the Ministry of Justice proposed to establish the legal aid system, the Chinese government has been actively honoring its obligation for legal aid and based on real conditions, making efforts to promote development of legal aid.
During the past 20 years, measures have been taken to improve the mechanism, including increasing funding for legal aid, enhancing team building of legal aid institutions, innovating ways of publicity and services, expanding the scope of services, strengthening protection for special groups and improving the quality of services.
The Ministry of Justice of P.R.China hosts an exhibition on legal aid in China at A30 HALL 5 of Qatar National Conference Center from 12 to 19 April 2015. In order to further exchange information and experiences on the function of legal aid in the process of access to justice especially in criminal procedures, the Chinese delegation also hosts this special event.
From Research to Practice: Justice, Safety and Inclusion
Rosemary Barberet
April 15th - 13:00 | Room 101
Zoé Bertrand
Anna Alvazzi
Rosemary BarberetMargaret ShawRay Jureidini
15
Session 417, “From Research to Practice: Justice, Safety and Inclusion” as sponsored by the International Sociological Association (ISA) and Criminologists Without Borders, both nongovernmental organizations in consultative status with ECOSOC. The session aimed to highlight how research informs practice in the area of the exploitation of migrant workers, women’s safety and public awareness of crime prevention and criminal justice. The session was moderated by Dr. Anna Alvazzi, Research Director at the Small Arms Survey in Geneva, Switzerland. The first speaker, Dr. Ray Jureidini, is a Sociologist and Professor of Ethics and Migration at the Center for Islamic Legislation and Ethics at Hamad Bin Khalifa University in Doha, Qatar, addressed “The dull compulsion of transnational corruption in migrant labour recruitment”. Dr. Jureidini highlighted the characteristics of migrant labor recruitment to Qatar and other countries of the region, the nature of the kafala system, and important evidence-based reforms that are underway that will reduce corruption in migrant labor recruitment and exploitation of migrant workers.
The second speaker, Dr. Margaret Shaw, an independent consultant from Montreal, Canada, spoke about women's safety and sexual exploitation in different country contexts. She showed how victimology and crime prevention research have informed the development of a global movement to increase the safety of women in public space, highlighting that perceptions of insecurity are highly gendered and have an impact on the use of city space by women. Such tools as women’s safety audits have been developed to empower women to gather data about unsafe aspects of public life and work with decision-makers to effect change. The third speaker, Dr. Rosemary Barberet from John Jay College of Criminal Justice, introduced the literature synthesis produced by Criminologists without Borders for this Thirteenth Crime Congress, which examines women-led initiatives in public participation in crime prevention and awareness of criminal justice. This review highlights the varied but largely unevaluated contributions of women’s CSOs to denounce and criminalize harmful acts, prevent crime, provide access to justice and safety, largely for women but also for men.
International Cooperation Between Legal Aid Providers in Criminal Matters
The session provided a forum for discussion on the need to develop international cooperation between legal aid providers.
At the beginning of the session, the five member panel provided an overview of recent developments in soft law (e.g. UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (A/RES/67/187)). During the session, panelists discussed the opportunities and benefits that would flow from engaging in international cooperation between public defenders, including sharing best practices, better use of resources and quicker “processing time” for suspects in pre-trial detention.
Examples of existing networks were shared during the panel discussion, as were the advantages of such networks. Creating international networks / directories for legal aid providers would assist them in providing support to clients, collecting evidence, as well as collecting information related to requests for extradition and the international transfer of offenders.
At this event, several recommendations were proposed:
1. At the national level, the revision of laws and regulations to allow such cooperation and appoint focal points for implementing them;
2. Encourage Member States that are party to the UN Convention on Organized Crime to use the relevant provisions to allow for cooperation between legal aid providers; and
3. At the international level, encouraging Member States to ask UNODC to develop a directory for such cooperation and other relevant tools such as a model cooperation agreement.
One international network under development is the Mutual Legal Defense Assistance (MILDA). For access to MILDA, please contact Professor Speedy Rice (rices@wlu.edu). In your email, please include “MILDA Access” in the subject line, and relevant contact information, in particular your email, affiliation and title.
The UAE experience in promoting the reliance of criminal justice system on quality forensic evidence
Ibrahim Al Hosani
April 16th - 15:00 | Room 103
Yetunde Ruqoyat and Olumide Oniyide
Maged Nofal; Mahmmud Kamel
Ibrahim Al Hosani
Asma Fakri
20
Experts discussed the need for quality forensic evidence services in order to help the criminal justice system.
The need for forensic evidence should not be underestimated as the physical evidences on the crime scene is used by prosecution. Organized crime keeps changing as technology is being incorporated into crimes and the way they are executed. The best strategy to use to curb these sophisticated crimes is to know how they operate and also to know the challenges the law enforcement agencies might face when combating them.
Efforts are being made by the UAE police (Abu Dhabi Police Forensic Evidence Department's (ADFED) to improve criminal justice and they are trying to innovate new ways by which crimes can be identified. The UAE police is committed to making sure their forensic labs are up to international standards, gradually building their reputation, improving their database and also providing standard tools. All this will promote the reliance of the criminal justice system on quality forensic evidence.
It was stressed that collaboration between states in the MENA and GCC region as well as having evidence based strategies are important, as crimes are getting more sophisticated due to technological advancement. Moreover emphasis was put on promoting the reliance of the criminal justice system on forensic evidence by raising the quality and range of services provided, as well as promoting international cooperation, advancing tools and techniques in forensic services.
Future of Expertise & Forensic in Crime Prevention & Criminal Justice. ( Opportunities & Challenges )
Ministry of Justice - State of Qatar Ministry of Justice - State of Qatar
April 15th - 15:00 | Barzan
Erkut Cakmak & Cinzia Miotto
Abeya Aldabbagh; Eman AlSharkawi; Noha El Sawah
Ms. Najat El Kalaf
General . Hassan El Abadly Mr. Kalad El Zaraa
55
The session focuses on the future of expertise and forensics in crime prevention and criminal justice, including opportunities and challenges. General Hassan Al Abadly opened the session making remarks from the Forensic Laboratory Department and its abilities as well as features. Al Abadly mentioned several laboratories including ballistics and fingerprint laboratories. Tests and analysis that the laboratories make are also mentioned. Technologies and methods that the department uses are also highlighted. Evidence and examples from crimes the department investigates such as; fraud, forgery, falsifying documents, ballistics, fingerprints, car traces, human traces, and arson are displayed. Explanation of the methods that were used are given. Al Abadly also gave examples of several different cases that the department had investigated.
Kalad El Zaraa focused on the administrative aspect of the matter, and called all relevant agencies and organizations to cooperate in the subject. El Zaraa also mentioned technical aspects of the work by highlighting the main and key objectives of the experts. Anna Giudizia, representing the UNODC, mentioned how UNODC supports and integrates forensics into its own policies. Anna also emphasized the fact that experts in this area should be thoroughly selected, trained and well-educated in order to maintain the transparent and healthy relationship between both sides of the law.
Thirteenth United Nations Congress on