CENTRAL REPOSITORY OF MEASURES AGAINST ORGANIZED TRANSNATIONAL CRIME CALLED FOR BY SPEAKERS IN CRIME COMMISSION
Press Release
SOC/CP/183
CENTRAL REPOSITORY OF MEASURES AGAINST ORGANIZED TRANSNATIONAL CRIME CALLED FOR BY SPEAKERS IN CRIME COMMISSION
19960523 Views Exchanged on Dealing with Terrorist Crimes(Reproduced as received from UN Information Service.)
VIENNA, 22 May -- A proposed central repository of information on measures taken by States and organizations to combat transnational organized crime was endorsed by several speakers this morning in the Commission on Crime Prevention and Criminal Justice.
The repository, proposed last year by the Economic and Social Council, would contain three categories of information: national legislation; organizational structures; and international cooperation agreements. The Secretary-General has suggested that, initially, to save time and resources, legislative texts would be filed in hard copy, with brief summaries available in electronic form. The United Nations Crime Prevention and Criminal Justice Division would eventually index and cross-reference the texts, accompanying each with a brief commentary and legislative history.
The representatives of Italy (for the European Union) and Morocco endorsed the proposal. In a similar vein, the representative of Iran expressed support for the establishment of an information centre on transnational organized crime, and the Attorney-General of Thailand called for the computerization of criminal justice systems to create a gateway for world criminal justice information and statistics.
Also this morning, the representatives of Turkey and Spain urged the international community to stop discussing concepts and definitions of terrorism and take action against any criminal violence against civilians, regardless of its rationale. The representative of Iran, while condemning terrorist crimes, particularly those related to the international drug trafficking and hijacking, nonetheless stressed that a precise definition was needed to distinguish terrorism from the legitimate struggle for national liberation against occupation.
Also participating in this morning's discussion were representatives of China and Brazil, and the observer for the Holy See. The representatives of the United Nations Division for the Advancement of Women and of the Arab Security Studies and Training Centre also spoke.
Discussion
ABDERRAHIM BENMOUSSA (Morocco) expressed full support for the statement made yesterday by the representative of Pakistan on behalf of the "Group of 77" developing countries. He also supported the American text on the security of citizens. Calling for priority to be accorded to the operational aspects of the recommendations on transnational organized crime that were adopted last year in Cairo by the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, he expressed particular support for the creation of a central databank on measures taken around the world.
He stressed also the need to promote technical assistance and cooperation, both bilaterally and multilaterally. Particular attention should be paid to computerizing national criminal justice systems. Morocco had signed agreements of mutual assistance and cooperation with numerous countries. The Council of Arab Ministers of the Interior, meeting in January, had adopted a number of texts pertaining to common security. One had dealt specifically with education in crime prevention. The proposal for a regional Arab training centre for crime prevention training and research had been discussed.
He said that Moroccan authorities had undertaken a review of national legislation in order to bring it into line with the provisions of the 1988 Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. His Government was mobilizing not only against the drug traffic, but also against fraud and smuggling. His country was waging a courageous but difficult battle on its maritime borders, as it sought both to combat drug trafficking and to discourage illegal emigration to Europe. Without development in its northern provinces, and without economic and financial cooperation from Europe, its actions would be very limited in their scope and effectiveness.
Given the rise of xenophobia, extremism and violence, it was imperative, he said, to elaborate an economic and political security strategy that would envisage all kinds of measures against transnational organized crime, including the drafting of a code of conduct that would address the links between organized crime and terrorism against civilians.
While Morocco was concerned over crimes against children and would not formally oppose the elaboration of a convention against the illicit traffic in children, his Government felt that there were already enough juridical instruments in place to cover such crimes. He expressed particular support for
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all practical measures to be taken to eliminate violence against women, as proposed in the secretariat report on that subject.
ZHANG FUSEN (China) proposed that the priority themes set by the Commission be highly focused, reflecting more closely the meaning of "prioritizing". They should not be too broad in scope and should represent the wishes of the developing countries, not only of the developed ones. The Commission adhere to pragmatism. It should take concrete actions on specific projects within the framework of the priority themes, avoiding "lip service" or politicization.
He suggested that priorities should include organized crime, particularly organized transnational crimes, because of its threat to the political, economic and social life of all countries. Drug-related offences should also be included because they seriously threaten people and are closely linked to other forms of crime. Because juvenile delinquency was growing, that should remain a priority in order to find effective solutions. The final theme could be economic crime because of its extremely detrimental impact on economic and social development.
He reviewed a number of measures taken by China to cooperate internationally in combating crime stressing the importance of agreements signed with 14 countries on mutual judicial assistance and with five countries on extradition. Efforts had also been made with neighbouring countries in such areas as combating smuggling and trafficking in drugs or firearms.
MOHAMMAD HASSAN FADAIFARD (Iran) said that if a convention against transnational organized crime were feasible, it should be based on existing instruments, particularly the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. He called for closer cooperation between this Commission and the Commission on Narcotic Drugs, and for strengthening of the Division. The strengthening of the capacities of developing countries through technical assistance was also a must. Iran supported the establishment of an information centre on transnational organized crime activities.
He condemned all forms of terrorist crimes, particularly those related to transnational drug-related crimes and hijacking, as "detestable and unjustifiable acts against humanity". Iran supported bilateral and multilateral arrangements to prevent the use of national territory for terrorist activities. The use of the proceeds of crime to finance terrorist activities was also a menace. However, a precise definition of terrorism, differentiating it clearly from legitimate struggle for national liberation against occupation, would be indispensable.
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He urged the extension of bilateral, regional and multilateral treaties, and the elaboration of model treaties, to facilitate extradition. Iran favoured a two-pronged approach to corruption, placing equal emphasis on prevention and monitoring. Steps should be taken to prevent and prosecute multinational and foreign companies from using bribery or illegal commission fees to spread corruption among public officials of developing countries. He advocated extradition of corrupt individuals to their countries of citizenship, trying them in countries of refuge and withholding of asylum for such individuals. The money and property obtained from corruption should be restored to the country which had sustained financial damage.
He expressed concern over violence against women and abuse of children, particularly in conflict situations, as seen in Bosnia and Lebanon. In Iran, due to strong families and ethical values, there was very little domestic violence, he said.
DAMASIO E. DE JESUS (Brazil) outlined his country's efforts to prevent crime and the process that deals with offenders. In 1995, special criminal courts for the prosecution and trial of lesser infractions were established. They provide for the option of alternative punishment, such as fines, community service and restriction of rights. This had resulted in a streamlining of the court system and provided rapid solutions at a much lower cost than the traditional system. Previously, the same amount of time would be spent on an armed robbery, a death case and a simple contravention, such as a traffic offence. The new system allowed more time to be devoted to major offences.
Alternative punishment for lesser crimes had been particularly successful, providing the victim with a prompt response to the injury suffered and the perpetrator with a quick punishment.
FUGEN OK (Turkey) noted that the gross product and net gain of organized crime exceeded the gross national product in some countries, and that there had been a striking increase in the number of criminal acts around the world. New economic, political and social problems arising from the rapid and far-reaching global changes had given impetus to this increase.
Terrorist crimes had become a global threat to mankind. Quoting the Secretary-General, she said, "A war is taking place. Terror and terrorism declared war against peace and security ... no person, no people, no part of the world any longer can feel beyond the reach of terror or terrorism". Because of Turkey's geographical location and the various political tendencies circling its territory it had been subject to terrorism and organized criminal activities for many decades.
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She expressed disappointment that substantive action to combat terrorism had not been achieved. Questioning those that are not convinced of the link between terrorism and organized crime, she asked how terrorism could be financed without illicit traffic in narcotic drugs and arms.
She called on the Commission to discontinue discussion of concepts and definitions and to unite against any criminal activity which used any form of violence against individuals. Secondly, united action should be taken against other international criminal activities which used violence indirectly, such as illicit trafficking of arms and in drugs, illicit transactions, money laundering, forgery and falsification. Because previous commitment had not yielded fruitful results, the international community should elaborate an international legal instrument, preferably a comprehensive convention that would respond to complex aspects of terrorism and its growing links with transnational organized crime.
KANIT NANAKORN, Attorney General of Thailand, expressed concern about the deterioration of the world environment and supported studies on the role of criminal law in the protection of the environment. The Thai Government and the Asia Crime Prevention Foundation had jointly organized a meeting earlier this year on the role of law in the protection of the environment
He called on the crime prevention and criminal justice programme to play a leading role in the computerization of criminal justice systems and to create an international network of criminal justice information. Such a network could become a gateway for world criminal justice information and statistics. The sharing of information and experiences among Member States was an indispensable step towards effective international cooperation which would contribute significantly to greater harmonization of laws and policies among countries.
GIOVANNI MARIA FLICK (Italy), speaking on behalf of the European Union, said that the achievement of high standards of effectiveness in fighting crime, and of compatibility among national criminal justice systems, required world-wide cooperation among States and regional organizations. Two major tasks before the United Nations were to ensure a common assessment of crime problems and a concerted approach to them, and to facilitate the integration of individual initiatives into a global framework.
While welcoming the upgrading of the Crime Branch to a Division, he said this was not enough if the Division were not given adequate personnel and means. He drew attention to various Union initiatives, including the signing of the Europol Convention, the setting up of a European information exchange and analysis system on dangerous criminal activities and the signing of a convention on simplified extradition procedures. The challenge represented by
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international organized crime required a general commitment towards improving the compatibility of national legal systems, even in sensitive sectors.
He urged that United Nations programmes adopt a sectoral approach. Priority should be given to step-by-step implementation of the Naples Action Plan against organized transnational crime, with fixed schedules. The Commission should draft such a work programme at this session. The Organization's activities should balance three components: collection and analysis of crime and national crime-control systems; evaluation and development of legislation; and technical and legal assistance to requesting countries. The Commission should begin by taking steps to ensure the setting up of the central repository of legislation on organized crime, as approved last year by the Economic and Social Council.
Meanwhile, he said, difficulties encountered in the development of a convention against organized crime should not be considered an obstacle to the identification of specific topics -- particularly with regard to international police and judicial cooperation -- which might become the subject of new international norms. Such issues as mutual assistance in the collection of evidence for criminal proceedings, and the confiscation of criminal proceeds, could be analysed in that context. The 1988 drug control Convention provided a model that could be applied to other forms of organized crime.
He urged the Commission to take further action against corruption and said the recommendations of the Financial Action Task Force remained the benchmark by which all measures against money laundering should be judged. The Commission, in cooperation with the United Nations International Drug Control Programme (UNDCP), should devise concrete actions to foster the world-wide development of policies against money laundering.
The European Union recognized that certain types of crime, particularly racist acts, urban violence, juvenile delinquency and violence against women, demanded a balanced approach, in which prevention was at least as important as enforcement. In June 1997, the Union would be convening in Vienna a conference on the trafficking in women for purposes of sexual exploitation. He was confident that the conference, which would also address issues of immigration and social policy, would propose solutions based on the integration of prevention and law enforcement.
MAGALY ROMAN-MARTINEZ, speaking on behalf of the Director of the Division for the Advancement of Women, Angela E.V. King, noted that one of the critical areas of concern in the Beijing Declaration adopted last year at the Fourth World Conference on Women was violence against women.
The criminal justice system was a central actor in addressing the problem of violence against women. The issue of smuggling illegal migrants
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was also related to the issue in the area of traffic in women and children and violence against women migrant workers. Regarding trafficking in women across national borders, international standards had been in place for almost a century, but enforcement was lacking. Of particular concern was a form of enforcement that would apprehend and sanction the traffickers while treating the victims with humanity. There were indications that many receiving countries enforced their immigration laws to punish and deport the women that had been trafficked, which prevented those women from seeking protection and pursuing legal cases against the traffickers. That fear of punishment might have deterred undocumented workers from reporting their exploitation and the violence they had suffered.
JOSE A. DE YTURRIAGA (Spain) stressed the need for international measures against organized crime; Spain was studying with interest the possibility of a convention. A convention would, of course, be more binding than other measures, but much had already been achieved with respect to money laundering by virtue of the adoption of the recommendations of the Financial Action Task Force.
He reviewed relevant Spanish legislation, including measures taken to protect witnesses in organized crime cases, and criminalization of such offences as the conspiracy to commit money laundering. A commission for the prevention of money laundering had been established to oversee enterprises susceptible to that activity, such as casinos, money-changers and jewelers.
He said that Spain fully concurred with the statement made by Egyptian President Hosni Mubarak at the opening of the Ninth Crime Congress, that terrorism was one of the most dangerous forms of transnational criminality and threatened to transform the international community into a lawless jungle. He could not agree with the secretariat report which suggested that the differences between terrorism and organized crime demanded that they be treated separately. There was no such thing as a good terrorist. Only yesterday, a bomb placed by terrorists in Cordoba had killed Miguel Angel Allon and wounded many others.
ABDULAZIZ SAGR AL-GHAMDI, President of the Arab Security Studies and Training Centre, noted that the priority areas addressed by the Commission on Crime Prevention and Criminal Justice encompassed a large number of broad issues. While they reflected the needs of the countries that had prioritized those issues, they did not reflect the needs of all countries. Identification of new priority topics should reflect the needs of the majority of Member States, particularly developing countries.
He said the Centre had three main institutes which studied matters relating to crime and criminal justice in Arab countries. Elaborating on the activities of the Centre he explained that its priorities overlapped with
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those of the Crime Division in many areas, including combating money laundering, administrative corruption and violent crime.
MARIO ZENARI, observer for the Holy See, expressed alarm at the figures on trafficking in children, child prostitution and child pornography. Defenceless and unprotected human beings were reduced to slavery and objects of pleasure. The increase in trafficking meant that the actions of States, public authorities and institutions, whose task was the protection of children, had been inefficient or at least insufficient.
Millions of children have also been wounded or killed as victims of war, he said. The special protection accorded to children by international law had been widely disregarded. Countless young people had been systematically hunted down, raped or killed during so-called "ethnic cleansing". Children were not only the victims of the violence of wars; many were forced to take an active role, for example, often they were sent ahead to clear minefields, he said.
Children were also bought and sold, so that they could be used for begging or forced into prostitution, as in the case of so-called "sex tourism", he continued. Children were also enlisted to sell narcotics, thus exposing them to the risk of personal involvement in drug abuse. More than two thirds of illiterate people were women, and of the millions of children who were not enrolled in basic education, about 70 per cent were girls. Pope John Paul II had called for institutions of the Catholic Church to develop a concerted and priority strategy directed to girls and young women, and especially the poorest, to ensure for the equality of status, welfare and opportunity. He called for the elimination of genital mutilation and other deplorable practices such as child prostitution, child marriages and trafficking in women. Society should also assist the victims of such violence to ensure that justice be applied to the perpetrators of such violence, as well as offering the victims holistic healing and rehabilitation into societies.
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