REPRESENTATIVES OF HOLY SEE, AUSTRIA, STRESS IMPORTANCE OF MORAL, ETHICAL VALUES IN GLOBAL STRUGGLE AGAINST CRIME

Press Release
SOC/CP/219

REPRESENTATIVES OF HOLY SEE, AUSTRIA, STRESS IMPORTANCE OF MORAL, ETHICAL VALUES IN GLOBAL STRUGGLE AGAINST CRIME

Tenth UN Crime Congress Begins Second Day in Vienna; Continues Review of State of Crime and Justice Worldwide

(Received from a UN Information Officer.)

VIENNA, 11 April -- The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders began its second day of meetings in Vienna this morning.

Continuing its consideration of the state of crime and justice worldwide, the Permanent Observer of the Holy See drew attention to the moral implications of transnational organized crime. He said that without values of morality and legality, neither international conventions, declarations nor the most sophisticated legal instruments would serve any purpose whatsoever.

The Holy See representative stressed the fundamental importance of reinforcing moral and legal values in public opinion, in the mass media and in various social institutions. Without giving due consideration to what was right, fair and good, societies would be unable to protect themselves against organized crime. In that respect, emphasis should be placed on a “fair and ethical criminal justice system” in the introduction to the draft declaration proposed for adoption by the Congress.

Also expressing hope that the Congress would contribute to the development of a credible and strong concept of global ethics, the representative of Austria said that the subject was still in its infancy at best. Of course, moral rules had been set up and were accepted all over the world. Recent attempts to define global ethics included the June 1999 Vienna Conference on Globality and Global Ethics. The subject was an immense challenge, but many important factors were already in place. The issue must continue to be discussed within the framework of the United Nations in the coming years.

Several speakers in this morning’s debate stressed that, while punishing the perpetrators of organized crime, it was incumbent upon States to draw up and implement programmes for the protection and rehabilitation of victims, in particular minors and women, as well as those from the most disadvantaged countries and vulnerable groups.

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The representative of Spain underlined the importance of mediation and conciliation between the offender and the victim. Spain paid special attention to the rights of victims and had established an office to assist them. The State granted financial aid to victims of violent crime, and measures were undertaken to assist victims of terrorism. Particular attention was paid to crimes against women.

On the subject of financial assistance to reinforce the anti-crime efforts of many developing countries, the Minister of Internal Affairs of Uganda said that the scarcity of resources created a wide gap between lofty standards and the reality of everyday life. Continued and increased technical assistance and advisory services were urgently needed in the priority areas of upgrading criminal justice computer services; providing basic equipment for the police and correctional services; training; and penal reform.

The representatives of Oman, Belgium, Israel, Peru, Qatar, Sierra Leone and Libya also made statements this morning, as did the Secretary-General of the Council of Arab Interior Ministers.

The Congress will meet at 3 p.m. to conclude its consideration of the state of crime and justice worldwide.

Statements

JOSE LUIS GONZALEZ MONTES (Spain): Spain stresses prevention of crime through the elaboration of new norms and proper processing of criminal cases. Spain has been paying attention to the newly emerging aspects of crime, including environmental and computer crimes and other forms of corruption and illegal trafficking of people. It is also focusing on such aspects as the imposition of alternative sentences in place of jail terms. Economic punishment and collective sanctions for companies and legal persons are being applied. Since the beginning of the current year, the criminal liability of minors between the ages of 14 and 16 has been determined by the new law, which guarantees the legal process and has pedagogical implications.

Mediation and conciliation between the offender and the victim are also important aspects of the legal system, and special attention is being paid to the rights of victims. Furthermore, an office of assistance to victims has been established. Financial aid is granted by the State to the victims of violent crime, and measures are undertaken to assist victims of terrorism. Special attention is paid to crimes against women. Training of staff is yet another important aspect of Spain’s judicial system. Spain also attaches great importance to participation in international efforts towards better criminal justice. The country is taking part in efforts to strengthen the European judicial network and to combat corruption and money laundering, as well as international organized crime. In that respect, Spain believes that the draft convention on transnational crime should contain references to international terrorism.

SAIYID SAIDHILAL AL-BUSAIDY (Oman): No country, however advanced, can hope to defeat crime on its own, since modern criminals belonging to all nationalities have acquired the technological means to stay ahead of the law. The only solution lies in international cooperation. The exchange of information among law enforcement agencies will benefit all countries and help them to keep abreast of new developments. At the same time, the principles of sovereignty, non-interference in domestic matters and judicial equity must be respected.

Special attention must be paid to criminal justice. Law enforcement must be encouraged and, in view of new trends in crime, governments must keep abreast legislatively with those trends. The international community should have the capability to benefit from all databases, documentation, statistics and computer technology in analysing information and promoting full cooperation among police and other law enforcement entities.

Criminal justice should be made more transparent so that it is held in high regard. From being able to track new trends in crime, we must be able to predict criminal actions and prevent them before they happen. In this way, social defence measures can be put in place.

Offenders must be re-educated and rehabilitated. Former convicts must not be treated as pariahs, but should be accepted back into society as useful members. Equally important are the rights of victims.

AHMAD MOHAMMAD AL SALEM, Secretary-General of the Arab Interior Ministers Council: Regional cooperation alone, regardless of its kind or size, is not sufficient to deal with international crime, which is marked by accurate planning, organization and professionalism, as it moves across borders. It is impossible for any State or regional entity alone to combat crime and counter it effectively. Regional cooperation is still a necessity for the establishment of efficient and effective international cooperation.

An Arab convention to combat terrorism entered into force at the beginning of 1999. All countries should expand the scope of this convention in order to enhance security and judicial cooperation among the world’s different countries so as to corner terrorists and limit their activities. There must be a distinction drawn between terrorism, which must be condemned, and the legitimate armed struggle of peoples endeavouring to liberate their land and restore their rights in accordance with international charters and conventions. Islam is innocent of all the terrorist acts executed in its name and under its umbrella. Terrorism has no race or religion, and those who carry out terrorist acts belong to all religions and nationalities.

DOMINIQUE REZEAU, Permanent Observer of the Holy See to the United Nations in Vienna: It is necessary to fight resolutely against the criminal organizations and individuals that control the trafficking in persons and to apply the utmost rigour of the law. The paragraph of the draft declaration, which mentions the undertaking “to incorporate a crime prevention component into national and international development strategies”, is worthy only if individual States adopt development policies which have a positive bearing on crime prevention. It is important to pay due attention not only to the suppression of criminal activities, but also to their economic, social and cultural causes.

Concerning the three additional protocols to the draft convention against transnational organized crime, the Holy See is astonished at the proposal to decriminalize cases where adults have given their “free and informed consent” to new forms of servitude. How could such consent ever justify its reintroduction in our modern society, especially when the consent is dictated, in most cases, by abject poverty and misery? Sensitive to the socio-economic conditions giving rise to transnational organized crime, the Holy See finds it necessary to draw attention to its moral implications.

The Roman Catholic Church, as, of course, other religious denominations and educational organizations, is deeply committed to civic and moral education, especially of young people. It is fundamental to reinforce the values of morality and legality in public opinion, in the mass media and in the various social institutions. Without them, conventions, declarations and most sophisticated legal instruments will serve no purpose whatsoever. Without giving due consideration to what is right, fair and good, societies will be unable to protect themselves against the open wound of organized crime. In that connection, the Holy See has noted with interest the emphasis laid in the introduction of the draft declaration on a “fair and ethical” criminal justice system.

The Holy See would also like to launch an urgent appeal to take into account assistance to victims of organized transnational crime. While pursuing and punishing the organizers and perpetrators of organized crime at all levels, it is incumbent upon States to draw up and implement, on the national and international levels, programmes for the protection and rehabilitation of victims, in particular minors and women from the most disadvantaged countries.

MICHEL ADAM (Belgium): It is important to deal with the disheartening crime situation in the world. The Tenth Crime Congress can impart the necessary momentum to international efforts in that respect. The negotiations on the transnational crime convention are of particular importance now, when transnational crime is becoming a major concern. Such a convention would provide the necessary legal framework for international efforts to combat crime. The negotiations need to concentrate on the effectiveness and consistency of the convention. A global approach is needed, and preventive aspects of crime prevention should be considered. Emphasis should be placed on the socio-economic aspects of crime, and societies have to invest in the well-being of their citizens.

Belgium stresses the humane approach to justice. Its Ministry of Justice cooperates with local authorities, and special houses of justice have been established in individual cities. Reintegration of offenders and compensation for damages are important aspects of the country’s efforts. Belgium is also introducing new preventive and repressive measures against crime. As Belgium is a small country, the safety of its citizens can only be ensured in cooperation with other States, and only through collective efforts of nations can justice prevail in the world. Recently, Belgium has been participating in the training and transfer of knowledge and technologies to other countries. It is also participating in the international fight against computer crime and corruption. Among the priorities of Belgian national policy are cooperation and investment of society in crime prevention.

MONIKA KALISTA (Austria): Cross-border cooperation between legal experts is rapidly intensifying in all fields. At the same time, the global ethics to support international regulations are still in their infancy at best. Of course, moral rules have been set up and are accepted all over the world. The Ten Commandments, the Torah, the Koran, as well as the teachings of Buddha and Confucius, are only a few.

The Vienna Conference on Globality and Global Ethics of June 1999 and the Vienna Conclusions were another attempt in the search for a definition of global ethics. The subject is an immense challenge and, by its very nature, it must be seen as a work-in-progress. Concerning the issue of global ethics, we do not all have to set a first step; many important factors for a credible concept are already there.

The Congress should contribute to the development of a credible and strong concept of global ethics. The issue must continue to be discussed within the framework of the United Nations in the coming years. Austria declares its willingness to play an active part in this context.

HANNA KELLER (Israel): At the start of the twenty-first century, Israel, as a member of the global village, is at the height of rapid changes of great significance on many levels. The number of crime areas is anticipated to require the most serious attention on the part of the country’s police. Among those are the drug phenomenon, organized crime, personal and social violence, breaches of intellectual property rights and an increasing involvement of youth in crime. The ramifications of technological progress and the communications revolution are also felt in the country. In order to cope with crime on the international level, several laws arranging cooperation between countries have been added to national legislation. A number of other important items of legislation are currently being prepared to cope with delinquency. Among them are an anti-money-laundering law and a legislative initiative against criminal organizations.

Rapid and substantive changes require constant re-examination of the goals of the police force. The Minister of Public Security of Israel has placed the “service approach” as a goal and modus operandi of the police in the coming years. Because of increased overcrowding in prisons, Israel is considering alternatives to incarceration, including electronic monitoring. In addition, the country is also initiating the construction of new modern prisons and renovating existing ones in order to improve conditions. The country is also undertaking measures to promote the rehabilitation of prisoners.

JOSE ANTONIO NEYRA FLORES, Vice-Minister of Justice of Peru: In the 1980s, Peru had serious security problems due to terrorism by the Shining Path guerrilla group and other subversive organizations. The activities of those groups included attacks on lives and property and resulted in five people being killed every day. In the 1990s, the situation was reversed with the destruction of the Shining Path, which limited terrorism to a few rural areas.

With the evolution of new forms of criminal organizations, police are being retrained in new investigative procedures. There have been significant achievements in the improvement of citizen participation, motivation of police staff and specialization. Crime prevention also involves radio-taxis, school police, clubs for minors and Friends of National Police organizations.

More than a thousand police officers, including women, have been relocated from administrative duties to operational units and deployed into rapid response teams. There have been technological improvements with the strengthening of highway patrols, satellite communications, integrated radio communications, computerized systems and remote reporting. The most modern equipment has been used throughout. Prosecutors are the defenders of legality. Special teams have been formed to investigate serious crimes, including drug trafficking, kidnapping and homicide. Crime prevention efforts are focusing on minors, economic crimes, ecological crimes, highway safety and others to ensure manslaughter is avoided.

Judicial reforms include a law enacted in November 1995, which ensures that judges have reasonable caseloads. Specialization was introduced and itinerant judicial units were created to help give access to those living in the most remote areas of the country. Other steps involved reparations for victims.

A new law was established last year dealing with public criminals and crimes against women. In spite of economic difficulties, there have been improvements in efforts to reintegrate offenders, including halfway houses, shorter sentences and probation.

EDWARD B. RUGUMAYO, Minister of Internal Affairs of Uganda: Uganda has demonstrated its strong commitment to United Nations efforts by hosting the African regional preparatory meetings before the Congress and providing a home to the United Nations African Institute on the Prevention of Crime and the Treatment of Offenders. Uganda fully endorses the draft declaration before the Congress and the amendments proposed by Penal Reform International, as well as the United Nations 10-point plan on reducing imprisonment. It also supports the draft convention against transnational organized crime.

Uganda continues to accord high priority to efficiency, fairness and improvement in the management and administration of criminal justice, with due regard to human rights, as a fundamental prerequisite for social and economic development. Uganda’s Constitution of 1995 sets out possibly one of the most complete human rights sections, attributing importance to the rights of the disabled and the children, and taking into consideration gender aspects. The Government has introduced sector-wide linked approaches to bring together police and prisons service, the Ministry of Justice and constitutional affairs, the judiciary and the Directorate of Public Prosecution. Priority is accorded to the establishment of community policing to promote accountability, openness and fairness in justice administration.

A child and family protection unit has been established to promote the rights of women and children. The Government has also adopted measures to combat corruption. The Constitution of Uganda incorporates important international standards related to criminal justice, and efforts are being made to reduce persistent overcrowding in prisons. On the regional level, Uganda is party to the Nairobi Declaration on the Problem of Proliferation of Illicit Small Arms and Light Weapons in the Great Lakes Region, which was adopted last month. However, the scarcity of resources creates a big gap between the lofty standards adopted in the country and the reality of everyday life. Continued and increased technical assistance and advisory services are urgently needed to upgrade criminal justice computer services; provide basic equipment for the police and correctional services; provide training; and ensure justice and penal reform.

SAAD AL-MOHANNADI (Qatar): We should stress the importance of crime prevention and make that part of our strategy. One of the most significant

topics on the agenda is promoting the rule of law and strengthening the criminal justice system.

Qatar has been working to put into practice regional, interregional, Arab and international strategies against terrorism, which is among the most dangerous of transnational crimes. A new development is a comprehensive strategy inspired by Islamic Sharia, with safety and security being guaranteed through the integration of the relevant agencies.

The Congress is an excellent opportunity for an exchange of experiences. It is our duty to make the best use of it for the safety and security of all our countries.

ALLIEV I. KANU (Sierra Leone): The benefits of globalization are unevenly distributed throughout the world. Consequently, many of the world’s peoples live on less than a dollar a day and are forced into lives of crime. Internal strife, corruption and a bankrupt financial system have decimated Sierra Leone. As a result, when the current Government came to power, there was wide-scale unemployment in the country, and people turned to crime. Young people felt marginalized by society.

The new Government adopted measures in all spheres to address the inequality. Those measures were just beginning to take effect, when they were undermined by a coup attempt. Corruption is widespread in the country. Proliferation of small arms and trafficking in people are the manifestations of the activities of organized crime. To overcome those challenges, the Government is introducing measures to improve police and security services, as well as the criminal justice system as a whole. The country is participating in international and regional anti-crime and anti-terrorism efforts. Although many instruments are available on the international level, in many cases, the lack of adequate resources prevents countries from implementing adequate measures.

ALI ETTROUK (Libya): It is vital for crime prevention that there be full cooperation between all peoples and all countries on the basis of mutual assistance and fairness. Organized crime is a very dangerous phenomenon for all countries as it threatens their peace and stability. It is an illness, a disease.

We must take a new look at international relations so that we can indeed live together. Advances in technology can give us the means to stop crime. Libya has put in place all the measures necessary to fight crime without neglecting every individual’s right to justice, as well as the rights of the poor. Legislation has guaranteed the rights of adolescents and the protection of women according to Islamic Sharia.

Libya is waging a war to stop crime. National security involves all members of the community and stops crime before it is committed. Legislation gives every judicial guarantee, both to the offender and to the victim. Offenders have the right to choose their own defence. They can make use of justices of the peace and lawyers without any cost to themselves and have the right to rehabilitation when they leave prison.

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