COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE TO HOLD FIFTH SESSION IN VIENNA, 21-31 MAY

21 May 1996

Press Release
SOC/CP/180

COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE TO HOLD FIFTH SESSION IN VIENNA, 21-31 MAY

19960521 Background Release To Consider Global Action on Organized Crime, Money Laundering, Violence against Women, Terrorist Acts, Firearms Regulation, Victims' Concerns

(Reproduced as received from UN Information Service.)

VIENNA, 20 May -- Issues related to recent trends in transnational criminality -- including trafficking in minors, illegal arms trafficking, smuggling of illegal migrants, corruption of public officials, computer tampering and massive international trade in stolen vehicles -- will be high on the agenda of the Commission on Crime Prevention and Criminal Justice, which begins a two-week session here tomorrow.

Recommendations for concerted action on national and transnational crime, organized crime, terrorist activities, money laundering, criminal environmental damage and the control of firearms, as well as for preventive measures directed at rising criminality and violence in cities, have been submitted to the Commission.

In addition to those themes, the Commission will review initiatives under way to acquire, process and distribute crime-related data. The Commission will examine the status of efforts to computerize criminal justice management, focusing on ways of strengthening national capacities to collect, collate, analyse and utilize data, and will consider recent developments in the operation of the United Nations Crime and Justice Information Network.

During the session, which ends on 31 May, the Commission will also look at the technical cooperation and advisory services of the United Nations crime prevention and criminal justice programme, including appropriate mechanisms for mobilizing funds.

The Commission will seek ways of gaining wider application of existing United Nations standards and norms in the field of crime prevention and criminal justice, as well as the question of strengthening cooperation with other United Nations bodies and relevant organizations working with the United Nations in the field of crime control.

Background on Commission

The 40-member Commission was established by the Economic and Social Council in 1992 to replace the Committee on Crime Prevention and Control. It is the major functional body of the United Nations providing policy guidance in the field of crime and justice. The Commission is charged with developing and reviewing the United Nations programme on crime prevention and mobilizing support for it among Member States. It is also expected to coordinate the activities of interregional and regional institutes on crime prevention and criminal justice.

The review of the United Nations crime prevention and criminal justice programme began in 1985 and culminated in 1991 amidst a heightened awareness of the increasing transnational nature of crime and of its use of sophisticated technologies to evade detection. Recommendations for dealing with those developments were made at a Ministerial Meeting on the Creation of an Effective United Nations Crime Prevention and Criminal Justice Programme, which was held in Versailles, France, in 1991.

At its first session in 1992, the Commission set the following priority themes, which were later approved by the Council: national and transnational crime, including organized crime; economic crime, including money laundering; the role of criminal law in the protection of the environment; crime prevention in urban areas, juvenile and violent criminality; and improving the efficiency and fairness of criminal justice administrative systems. The Commission served as the preparatory body for the World Ministerial Conference on Organized Transnational Crime, held in Naples, Italy, in 1994, and for the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held last year in Cairo, and is expected to do so for future quinquennial crime congresses.

During the Ninth Crime Congress -- the first to be held on the African continent and the first in the Arab world -- representatives of 138 countries adopted resolutions aimed at addressing numerous common concerns, mostly calling for endorsement by the crime control Commission, the Economic and Social Council or the General Assembly, as well as for follow-up action by States.

The recommendations of the Congress were reviewed by the Commission last year and subsequently approved by the Economic and Social Council and endorsed by the General Assembly. The Commission is now charged with monitoring their implementation.

Organized Transnational Crime

Organized crime has been identified in various United Nations forums as one of the most pernicious forms of criminality, of which the dimensions have

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yet to be globally measured and the full impact has yet to be determined. Such crime constitutes a veritable underground economic system, the net gain of which exceeds the gross national product (GNP) of many countries.

At recent international meetings dealing with crime control concerns, alarm was expressed by many governments that new forms of organized crime were emerging -- often as the result of the dramatic political, economic and technological changes of the 1990s. Criminal groups have been increasingly taking advantage of looser border controls and the movement towards free trade to launch or expand such activities as international car theft, black-market trade in nuclear materials, smuggling of migrants, arms trafficking, drug trafficking, trade in human donor organs, environmental crime, computer tampering and money laundering.

The Commission's efforts to address the issue of organized crime have already benefited from the outcome of the 1994 international meetings on money laundering and on organized transnational crime, held, respectively, in Courmayeur, Italy, from 18 to 20 June; and in Naples, Italy, from 21 to 23 November, as well as from last year's Crime Congress and fourth session of the Commission.

Organized crime, according to the latest United Nations report, has become predominantly "border-free" in character, while leaving law enforcement locked within traditional national legal frameworks. Without international cooperation, it is impossible for law enforcement agencies to combat criminal operations that span countries and continents.

Before the Commission, in this connection, will be a report on Implementation of the Political Declaration and Global Action Plan adopted by the Ministers of Justice and the Interior taking part in the Naples Conference (document E/CN.15/1996/2). The Plan reflects agreement that if organized crime is not resisted in time, it will undermine political structures, endanger internal peace and development and threaten not only emerging democracies but also well established ones. It calls for improved data gathering and analysis, anti-corruption safeguards, special investigative units and implementation of existing measures directed against loopholes that allow transborder criminals to circumvent justice. The current report takes into account the submissions of more than 20 States on the structure and dynamics of organized crime activities in their countries and their views on possible global remedies.

Among the preliminary proposals offered are intensified efforts to overcome the difficulties encountered by developing countries and those with economies in transition in gathering, processing and evaluating information on the operation of organized transnational crime and the establishment of a central repository of existing legislative and regulatory measures designed to combat organized crime.

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A related document contains the report of a Latin American and Caribbean regional ministerial workshop which was held in Buenos Aires from 27 to 30 November to forge a regional response to the Naples Action Plan (document E/CN.15/1996/2/Add.1).

A further report (document E/CN.15/1996/4) outlines measures taken in various contexts to combat the smuggling of illegal immigrants, which has been identified as a "highly organized global criminal activity, involving international criminal organizations which may earn billions of dollars in illicit revenues". The report summarizes information provided by Belgium, El Salvador, Greece, Holy See, Italy, Lebanon, Portugal, Romania, Slovak Republic, Sudan and the United Kingdom. The views of other countries were reflected in two earlier reports. The Commission is expected to decide whether it has enough information to formulate an international course of action for combating this type of transnational crime.

Concerning international efforts to control the proceeds of crime, the Commission will have before it a new report (document E/CN.15/1996/3), incorporating information provided by 25 States, several of which described broad new anti-money-laundering initiatives. Among the new trends detailed in the report are the impact of world-wide deregulation processes, market liberalization, free trade, open borders and structural changes on criminal organizations' capacity to hide and to transfer large sums of money derived from various illicit activities. Other factors discussed are legal loopholes, rampant corruption, bank secrecy, direct-access banking and non-bank financial systems.

A key issue raised in the report is the increasing use by criminals of the relatively unregulated electronic network linking banks and non-bank institutions worldwide. Microchip-based electronic money that can be transferred via "smart cards" and the Internet is fast becoming a major means of payment. In the criminal world, such "cybercurrency" can be used to bypass reporting regulations and to make the proceeds of drug trafficking and other lucrative illicit enterprises difficult for authorities to trace and seize.

The Commission may look into ways and means of strengthening the Crime Division's capacity to respond to the growing number of requests from States for assistance in preventing the concealment and laundering of criminal proceeds and to authorize the Division to expand its data collection and clearinghouse functions in this area.

The issue of corruption, and its impact upon public institutions, has received dramatically increased attention at the international level in recent years. Corrupt public officials can destroy the effectiveness of government programmes or may even be reciprocally linked to organized criminal groups. With the present movement towards more freedom in trade, corrupt practices threaten to distort the operation of modern markets and to diminish the

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potential benefits of trade freedom, and the result may be detrimental to economic growth.

At a time of financial constraints, financing institutions and international donors are growing more wary of practices that divert resources from their intended purpose and have fostered a trend towards more efficient management of assistance funds.

All societies are vulnerable to corruption, whatever their degree of development. And, in an increasingly interdependent world, the long-term consequences of corruption merit attention and decisive action. As governments attempt to grapple with corruption, however, they face such daunting obstacles as conflict of interest, failure to report abuses and political allegiances that are sometimes more powerful than criminal justice systems.

The Commission will examine a draft code of conduct for public officials, which has been revised to reflect views received from governments over the past year. The draft code, annexed to a report on action against corruption (document E/CN.15/1996/5), spells out a range of rights and responsibilities of public officials, covering such issues as transparency of governmental activities, equality before the law, confidentiality of certain types of information, acceptance or refusal of gifts, political activities of government employees, abuse of power and conflict of interest.

Another issue before the Commission would be to consider the elaboration of a structured international plan of action against corruption, which might include guidelines on good governance and ethical business practices.

How to improve extradition relations among States, to overcome impediments to the surrender of criminal fugitives and to balance extradition obligations against reasonable grounds for denial will also be addressed by the Commission.

With greater mobility than ever before, criminals are increasingly taking advantage of the many loopholes in the present patchwork quilt of bilateral extradition treaties and national laws in an effort to escape prosecution in one country by finding refuge in another. Moreover, general international law does not impose a duty on States to extradite or prosecute persons who have committed crimes in other countries; that duty depends on a treaty setting the prerequisites for and exceptions to such an obligation. In practice, every extradition case amounts to an individual agreement under international law, regardless of existing treaties among the States involved.

Bridging the jurisdictional gaps concerned -- an effort dating back to the beginnings of formal diplomacy -- has been a key task of the United Nations in the crime control field, including the development of a Model

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Treaty on Extradition, which was adopted by the General Assembly in 1990 in an effort to harmonize the provisions of bilateral and multilateral treaties on the matter.

In recent years, with the spread and interlinkage of organized criminal groups, the transborder expansion of money laundering and the establishment of international jurisdictions, such as the International Criminal Tribunals for the Former Yugoslavia and for Rwanda, the urgency of carrying forward the momentum towards improving cooperation in extradition is mounting. The issue has been particularly significant in cases of international drug trafficking, prompting the provision, under the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, that drug and money laundering offences are to be considered extraditable offences.

A note on this issue (document E/CN.15/1996/6) reviews steps taken by the Division in preparation for convening an intergovernmental expert group to define common problems in extradition practice and recommend ways of overcoming the difficulties faced, including model legislation and bilateral and multilateral extradition agreements. Following extensive consultations on the matter, the Division is recommending that the expert group should be convened for four days, possibly in July, to be hosted by the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy.

Concerning terrorist crimes and possible links to organized transnational criminality, an issue of increasing international concern, the Commission will have before it a report (document E/CN.15/1996/7) which summarizes responses received from 24 States and reviews recent international initiatives against terrorist crimes. The report notes that while it appears that links between terrorist acts and organized crime are more circumstantial than institutional, the challenge to which governments have to respond remains formidable. Existing modalities for international cooperation to combat both types of crime have not been able to keep up with the mobility of terrorists and members of organized criminal groups.

The report sees improved prospects, since the end of the cold war, for an effective global response to both types of crime. Among the key factors in moving towards consensus on ways of cooperating are a greater commonality of values throughout the world, coupled with awareness of the need for global action to solve global problems.

The role of criminal law in protecting the environment is relatively undeveloped, and there is little agreement on what type of penal sanctions to impose and how these should be harmonized internationally. There is now widespread consensus that environmental damage is not just a political and civil matter; the deliberate destruction of natural resources or grossly negligent behaviour which leads to such harm should also be punished by criminal law.

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National experience and views on the issue were shared by participants at the Ninth Crime Congress, which looked at case studies from 11 countries in various levels of development. The international community has been considering a number of proposals, including recognition of citizens' environmental rights and obligations, establishment of effective corporate liability, setting up special environmental investigative units and prosecutors, and providing for such sanctions as closure of enterprises, restitution and clean-up orders.

In this regard, the Division and the regional and interregional institutes have been asked to continue research, exchange of information, training and technical cooperation to facilitate preventive, regulatory and other strategies on the role of criminal law in protecting the environment. Recent developments in that area are outlined in a report on the technical cooperation and advisory services offered by the United Nations crime prevention and criminal justice programme (document E/CN.15/1996/8).

Urban Policy and Crime Prevention

As the incidence of wars between nations appears to be declining in the 1990s, world attention is more clearly focused on threats to the security of individuals, families and ethnic groups within nations. Crime, increasingly an urban phenomenon, is high on the list of United Nations human security concerns.

Discussion at recent international forums -- including the Cairo Congress -- have centred on exchanges of national experience in dealing with rising criminality in cities and on identifying effective preventive programmes that might be adapted to fit the needs of other countries.

The Cairo Congress, after hearing several delegations express alarm at the rise of violent crime associated with racism and xenophobia in areas affected by migration trends, recommended that the Commission consider the possible impact of migratory flows on urban criminality and ask States, in drawing up crime prevention strategies for urban areas, to give attention to the risks faced by migrants of being victims of or becoming involved in criminal activities. A set of guidelines for cooperation and technical assistance in urban crime prevention was adopted last year by the Economic and Social Council, which requested the Commission to consider practical follow-up measures.

With regard to children as victims and perpetrators of crime, the Commission will review recent efforts made by governments and non-governmental organizations to eliminate "sex tourism" involving child prostitution and will consider progress made in establishing a global comprehensive way of combating trafficking in children. A report before the Commission (document E/CN.15/1996/10) also outlines possible ways of promoting the application of

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international norms in juvenile justice, including technical assistance projects in that field.

On illicit traffic in children and adolescents, it points out that more information is needed, such as the approximate number of victimized children and the routes being used in such trafficking, including the sale of children for the purpose of adoption, forced or otherwise exploitative labour, prostitution or pornography, or for their use as sources of donor organs or for their conscription to serve in armed forces.

It is proposed that the Commission consider calling for a world-wide survey on illicit traffic in children, aimed at facilitating the development of counterstrategies, and may call on States to set up a central registry of all missing children and to facilitate tracing the cases concerned. It may also discuss the idea of requesting States to share crime-linked data and to take part in exchange programmes between law enforcement personnel dealing with transnational trafficking in children.

Violence against Women

Violence against women, while appearing relatively recently on the human rights agenda of the United Nations, has been a focus of the Organization's crime prevention and criminal justice programme for decades. Senior police and justice officials, as well as criminologists, have often pointed out that while calls to deal with domestic disputes occupy a significant portion of the working hours of law enforcement personnel throughout the world, intervention generally took place only when the violence concerned could be classified as a "public nuisance"; otherwise, the doctrine of privacy allowed for violence against women -- and children -- to continue unabated.

Against a background of mounting concern about difficulties in addressing various forms of violence against women, the Economic and Social Council in 1990 recognized that "violence against women in the family and society is pervasive and cuts across lines of income, class and culture" and called upon governments to take immediate measures to set appropriate penalties for such violence and to reduce its impact on women and society.

In connection with this issue, the Commission will have before it a summary of States' views on a draft plan of action on the elimination of violence against women (document E/CN.15/1996/11) and a report on measures taken by the Division and United Nations-affiliated crime research institutes, including training and advisory services addressing the problem of violence against women in the context of crime prevention and criminal justice (document E/CN.15/1996/12).

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Firearms Regulation

With the passing of the cold-war era and a shift from inter-State military conflicts to insecurity resulting from violent crime, the United Nations has turned its attention to a class of armament that is killing more people than major weapons -- namely, small, civilian-owned firearms. Such arms are increasingly associated with accidents, suicides and crime, and form a major source of illicit profits for transnational criminal networks.

And, while trade in major weapons is on the decline, small arms are spreading throughout society with little documentation, since they are frequently bought from private individuals, smuggled across borders or stolen from police and defence forces. Secretary-General Boutros Boutros-Ghali, in his report to the General Assembly last fall, spoke of a world "awash" with small arms both for criminal activity and because of fear of violent crime.

A world-wide survey of firearms ownership and related issues was launched last December by the Division, which convened an international team of experts in firearms and crime control for that purpose. The study aims at providing clear and practical information on arms ownership by civilians, the relationship between firearms and crime and the status of regulatory measures in force in selected countries. The data eventually compiled could be used by the Commission in the development of related strategies. A report is before the Commission on this matter (document E/CN.15/1996/14), which includes guidelines for national consultants involved in preparing country profiles on the issues in question.

Strengthening International Response to Crime

The globalization of various forms of criminality, such as organized crime, necessitates bilateral and multilateral cooperation among States, for example, in evidence-gathering and extradition. The expansion of crime continues to overwhelm law enforcement agencies in a widening number of countries, many of which are ill-prepared to control or combat it.

The United Nations is seen by many governments as capable of assuming a greater role in helping States adopt joint strategies for combating such criminal trends, particularly by disseminating research results and data on relevant laws, banking procedures to combat money laundering, model law enforcement techniques and the application of United Nations standards in the crime control field.

In the wake of significant standard-setting efforts on the part of the United Nations, States have been called on to ratify international instruments and apply agreed-upon norms, harmonize their legislation, develop joint strategies for common problems and exchange relevant information with a view to setting up international data banks. To assist in that process, the

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Commission has been asked by the Economic and Social Council to seek practical means to enable the United Nations crime programme to respond the specific needs of governments for training and other assistance.

However, the Council and the General Assembly have recognized that the resources available for the United Nations crime programme are inadequate to meet the large backlog in demands for its advisory services and have called for the provision of additional funds and specialized staff to the Crime Division to ensure the expansion of technical assistance and advisory services to States.

A report on technical cooperation and strengthening the United Nations crime programme (document E/CN.15/1996/8) reviews the services provided to States by the Crime Division from May to December 1995, as well as a number of options for optimizing such activities in the future. It notes that present capacities allow the programme to assess situations, formulate projects, evaluate the results and provide general assistance to States. However, at this stage, the programme still lacks the capacity for the complete realization of the envisioned projects due to a shortage of required resources.

The report recommends that the Commission consider ways of mobilizing funds and personnel to carry out the crime programme's technical assistance activities and advisory services, including inviting States to provide extrabudgetary contributions to the United Nations Crime Prevention and Criminal Justice Fund.

In line with the Division's development of its role as a clearinghouse for crime-related data from various sources, it has begun using the "information superhighway" to provide hundreds of users all over the world with access to its own crime data and those of cooperating organizations. With links via electronic bulletin boards and the United Nations Crime and Justice Information Network, it is addressing the need of criminal justice agencies for correct current information, accessibility and efficient information sharing. According to a report on this subject (document E/CN.15/1996/13), the Commission may consider asking States to make experts and resources available to establish an advisory group on computerization of criminal justice administration and to intensify their involvement in periodic data- collection efforts.

Reform of Police, Courts, Prisons

Throughout the history of its involvement in crime control matters, the United Nations has been formulating standards, norms, model treaties and guidelines covering such matters as the treatment of prisoners, the conduct of law enforcement officials, the use of force and firearms by the police, the rights of crime victims, the independence of the judiciary and the

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administration of juvenile justice. According to a report before the Commission, such instruments provide governments with a basis to assess their own systems and contribute to the concept of an "international rule of law". They are a distillation of expert advice and government recommendations, and can serve as a point of departure for developing national policies.

Before the Commission on this question is an overview of recent actions by the crime programme to promote the use and application of existing standards and norms in the crime control field together, with four reports on their use and application (documents E/CN.15/1996/16 and Adds.1-4), as well as the recommendations of an expert group on victims of crime and abuse of power which was held in Vienna last December (document E/CN.15/1996/16/Add.5).

The expert group recommended that further work be done to complete a draft manual for the application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which was adopted by the Seventh Crime Congress, held in Milan, Italy, in 1985. It also submitted to the Commission a draft plan of action on victims of crime and abuse of power that would include the promotion of an integrated United Nations system-wide approach to curtail victimization and assist victims, as well as a model project that could be adapted by governments to make relevant services available to crime victims. A further submission of the expert group is a set of draft principles for safeguarding the rights and interests of victims in the proceedings of the proposed international criminal court.

Also before the Commission will be a note on a draft questionnaire on United Nations standards and norms in juvenile justice (document E/CN.15/1996/17) and a report on the development of minimum rules for the administration of criminal justice (document E/CN.15/1996/18).

The Commission has been asked by the Economic and Social Council to examine the question of capital punishment and governments' implementation of the safeguards guaranteeing the protection of the rights of those facing the death penalty. An updated report has been prepared on that subject (document E/CN.15/1996/19) and will be available to the Commission.

Cooperation and Coordination

In addition to the cooperation and coordination activities touched on in connection with other agenda topics, the Commission will have before it two reports centring on such questions. A report on cooperation with other United Nations bodies and entities (document E/CN.15/1996/20) highlights the role of cooperation between the crime programme and other relevant entities, particularly in providing practical technical assistance in the crime control field.

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It places considerable emphasis on recent joint projects undertaken in cooperation with the United Nations International Drug Control Programme. It also highlights joint initiatives with the Centre for Human Rights, and work carried out in connection with the Department of Peace-keeping Operations, the United Nations Development Programme (UNDP) and the Department of Development Support and Management Services, as well as collaborative efforts with United Nations-affiliated criminal justice institutes and intergovernmental and non-governmental organizations.

A further report (document E/CN.15/1996/21) details the activities of the various institutes working with the United Nations crime programme. These include the Rome-based United Nations Interregional Crime and Justice Research Institute and the United Nations-affiliated regional institutes for Africa, Asia, Latin America and Europe. Also included are the activities of the following associate institutes: the Arab Security Studies and Training Centre in Riyadh; the Australian Institute of Criminology in Canberra, Australia; the International Centre for Criminal Law Reform and Criminal Justice Policy in Vancouver, Canada; the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy; the National Institute of Justice of the United States Department of Justice; and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law at the University of Lund, Sweden. The work done by the International Scientific and Professional Advisory Council over the past year is also outlined.

Tenth United Nations Crime Congress

As the preparatory body for the Tenth United Nations Crime Congress, the Commission will consider a number of organizational and substantive proposals for that event, which would be held in the year 2000 at a date and place to be decided. The 1995 Congress marked a transition to a new congress format, which in future might be even more practice-oriented. It has been recommended that preparations for the next Congress begin earlier and that the number of workshops be reduced and their objectives more clearly defined.

Before the Commission will be a report summarizing proposals submitted by 11 States regarding the structure and agenda of the next Crime Congress (document E/CN.15/1996/15).

Strategic Management The General Assembly last year reaffirmed the importance of the United Nations crime prevention and criminal justice programme and the crucial role it had to play in promoting international cooperation. It authorized strengthening the programme by providing it with the resources necessary to carry out its mandates, including follow-up to the Naples Action Plan on organized transnational crime. The Assembly also stressed the importance of improving the programme's technical assistance and advisory services, particularly in developing countries and countries in transition.

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The Assembly reaffirmed that before a proposal involving the expenditure of United Nations funds is approved by the Commission, an estimate of the programme budget implications of the measure will be provided to the Commission.

The Commission decided last year that starting with the current session it would begin a regular review of the extent to which activities had been successfully carried out in accordance with the strategic management plan it adopted five years ago.

Membership of Commission

The 40 members of the Commission are: Angola, Argentina, Austria, Belarus, Brazil, Burundi, Canada, China, Colombia, Congo, Costa Rica, Cuba, Finland, France, Germany, Hungary, Indonesia, Iran, Italy, Japan, Madagascar, Malawi, Malaysia, Mexico, Morocco, Nicaragua, Nigeria, Pakistan, Paraguay, Poland, Republic of Korea, Russian Federation, Sri Lanka, Sudan, Thailand, Tunisia, Uganda, United Republic of Tanzania, United States and Zaire.

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NOTE:The reports before the Commission are available in English, French and Spanish on World Wide Web at the following address:

http://www.ifs.unvie.ac.at/~uncjin/5comm/5index.html