CRIME CONGRESS CONCLUDES REVIEW OF STATE OF LAW AND CRIMINAL JUSTICE WORLDWIDE
Press Release
SOC/CP/220
CRIME CONGRESS CONCLUDES REVIEW OF STATE OF LAW AND CRIMINAL JUSTICE WORLDWIDE
20000412(Received from a UN Information Officer.)
VIENNA, 11 April -- The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders concluded this afternoon its review of the state of the law and criminal justice worldwide.
Summarizing its two days of discussions on the subject, Congress President Penuell Maduna (South Africa) said that representatives had been almost unanimous in drawing attention to the changing characteristics of criminal activity. Among the concerns expressed was that the growth of transnational crime had been accompanied by corruption and money laundering. Among the most relevant points raised were those relating to policies, with some speakers emphasizing deterrence and others prevention.
He observed that delegates had strongly advocated rehabilitation programmes, as well as social prevention and the participation of communities. Experiences needed to be shared, successful strategies disseminated and international cooperation strengthened. Mention was also made, he added, of the draft convention against transnational crime and the need to reorient the criminal justice system towards the victims of crime.
In this afternoons concluding debate on the subject, the vast illegal profits made from organized crime was stressed by, among others, the Deputy Chairman of the Azerbaijan Parliament, speaking on behalf of the Commonwealth of Independent States. He pointed out that modern crime focused on sectors offering mega-profits combined with opportunities to legalize illegal gains. Along with racketeering, drug trafficking, illegal arms sales, prostitution and other activities, criminals had been staking claim to intellectual property and computer systems, as well as embezzling loans.
As those problems challenged the entire international community, he continued, they should be handled on the basis of uniform principles and concepts. In view of new threats, all parliaments and Governments of the Commonwealth should join forces to deter organized crime, international terrorism and militant separatism.
Romanias representative said that organized crime groups in her country were establishing contacts with businessmen in order to maximize available opportunities in prostitution and other illegal activities. Smuggling had become increasingly organized, with some groups specializing in the trafficking of firearms, explosives, radioactive materials, drugs, cigarettes and illegal migrants. The
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large amounts of money raised from those activities were laundered by firms and agencies established in Romania.
The representative of the United Kingdom stressed three main themes for combating crime: working together; building on the evidence of what worked; and promoting rights, as well as responsibilities. The British authorities paid special attention to challenges presented by violence against women, including domestic violence, rape and sexual assault. Support for victims was also high on the agenda. Reforms were being introduced to reduce the time spent in processing cases and to better detect criminals in order to bring them to justice. DNA profiling was increasingly used and a new fingerprinting system was being introduced.
A representative of the International Scientific and Professional Advisory Council said globalization had dealt a serious blow to national jurisdictions. Stateless law had emerged and new standards were being created, transcending national frontiers. The taboo concerning the necessary connection between the State and the law was being broken and illicit activities were nourished by the same technologies that had permitted globalization itself. It was necessary to proceed from the globalization of economy to the globalization of justice.
The representatives of Slovenia, Kazakhstan, Kuwait, Nigeria, Bolivia, Panama, Afghanistan, and Venezuela also made statements in the plenary this afternoon.
Representatives of the Naif Arab Academy for Security Services and the League of Arab States also spoke.
The Congress will resume at 10 a.m. tomorrow, to take up international cooperation in combating transnational crime.
Statements
MIHA WOHINZ (Slovenia): The advantage of a small country is that, given its smaller territory and population, it is better able to control crime, provided the authorities are well organized. Slovenias rate of 60 per cent of successfully investigated criminal acts is among the highest in Europe.
On the other hand, a smaller country is necessarily bound to a well coordinated operation of crime-detecting and prosecuting authorities in other countries. In this context, swift and effective cooperation with the relevant authorities of neighbouring countries is of paramount importance. Slovenia has established good cooperation in this field with its neighbours - Italy, Austria, Hungary and Croatia.
However, this should not lead us to conclude that the present situation is the optimal one and that nothing needs to be done in the way of improving any of the problems relating to the fight against organized crime. Slovenia is deeply aware of this great responsibility and, therefore, invests, within its possibilities, the assets required for both technical improvement of equipment and training of people engaged in crime-related fields.
IGOR I. ROGOV, Chairman of the Supreme Court of Kazakhstan: The legal bodies within the country are attempting to establish the firm rule of law in Kazakhstan. The recently established legal code takes into account new and altered forms of crime, including corruption and organized crime. Measures are being taken to ensure independence of the courts and strengthen legal procedures. The new efforts are beginning to bear fruit. Following a significant rise in crime in the formative years of the country, the situation has begun to stabilize.
Although robbery and burglary dominate among the crimes in the country, new criminal activities are becoming more common. Violent crimes are on the rise. Counterfeit United States dollars are coming into the country from several neighbouring countries and the expansion of the drug problems is a cause of concern. Serious measures are being taken to strengthen controls over migration. Money laundering and the expansion of international terrorism are also manifest in Kazakhstan, and the authorities are planning legislative action to rectify the situation. Measures are being taken to reduce prison overcrowding and law enforcement bodies are working actively to check the spread of crime and corruption. However, Kazakhstan cannot achieve many of its goals without mutual assistance from other States. For this reason, the country is interested in the adoption of the international transnational crime convention, which is now being elaborated.
YASHAR ALIYEV, Deputy Chairman of the Parliament of Azerbaijan (on behalf of the Commonwealth of Independent States (CIS)): Some of the more widespread problems within the Commonwealth include organized crime, corruption, banditry and contract killings. Criminal interference in the economy is on the rise. Modern crime is focused on the sectors offering mega-profits combined with opportunities to use and legalize illegal gains. Along with such activities as racketeering, drug trafficking, illegal arms sales and prostitution, criminals have been staking claims to intellectual property and computer systems. The embezzlement of loans and illegal migration are fast becoming a business priority for organized crime.
As these problems challenge the entire international community, they should be handled on the basis of uniform principles and concepts. Undertaking joint efforts to combat organized crime, the CIS has been implementing a number of coordinated operations. Meanwhile, some evidence suggests that members of the CIS have occasionally failed to appreciate the true scale of organized crime. On their part, criminal communities have learned to take advantage of the political and economic adversities befalling those States. In January, the Council of Heads of State of the CIS adopted a new intergovernmental programme for joint anti-crime action for the period until 2003. The plan is based on careful crime situation analysis and anticipated crime trends. The countries of the Commonwealth are also undertaking efforts to unify national laws and to promote prevention and deterrence. In view of new threats, all CIS parliaments and Governments are to join forces in order to effectively deter organized crime, international terrorism and militant separatism.
The situation in Azerbaijan is similar to other CIS members. Criminals have evolved beyond recognition, and the nations transitional economy attracts groups and individuals whose interests transcend both national borders and the boundaries of law. The Parliament of Azerbaijan is currently working to improve national laws in order to pre-empt and neutralize this kind of crime. The country is developing new laws for criminal prosecution, criminal procedure and punitive process. The new legislation takes into consideration the recommendations of the United Nations and practices borrowed from other CIS nations. Preventive measures are being undertaken to prevent further spread of crime.
ABDULLAH ABDULRAHMAN AL FARIS (Kuwait): While supporting the statement by the Group of 77 developing countries and China, we wish to state that there has arisen a very dangerous phenomenon whose activities go beyond borders and cross entire continents. Technological advances have helped organized crime groups to expand their activities. Similarly, the development of computer technology should help law enforcement agencies to bring them to justice.
Only the coordination of action by the competent authorities in different countries can help to capture these criminals and bring them to the courts. The promulgation of new national laws, the application of existing and future international conventions, as well as bilateral agreements, will also provide an effective way to achieve this objective.
JOHN HALLIDAY (United Kingdom): Transnational crime is rightly a priority for the Crime Congress. The United Kingdom attaches great importance to concluding the work on the draft convention and its protocols, which is currently under way. In combating crime, it is necessary to stress three main themes: working together; building on the evidence of what works; and promoting rights along with responsibilities. It is extremely important to sustain the reduction of crime, maximally using the technical support and thoroughly evaluating the situation.
The authorities of the United Kingdom give special attention to challenges presented by violence against women, including domestic violence, rape and sexual assault. The Government is providing guidance to all bodies dealing with those problems. Support for victims is also high on the agenda. The police provide information to the victims about the case, and victim statements are going to be introduced soon to give a voice to the victims. Justice delayed is justice denied. Reforms are being introduced to decrease the time for processing cases and to better detect criminals in order to bring them to justice. DNA profiling is increasingly being used to bring offenders to justice. A new fingerprinting system is being introduced. Other important aspects include the need to eliminate all forms of racism within the criminal justice system, and drug misuse, which is driving crimes against property.
LIVIA BOTA (Romania): Organized crime groups in Romania are establishing contacts with offenders and businessmen in order to maximize available opportunities in prostitution and other illegal activities. Although organized crime has not attained the intensity that it has in other countries, it is on the rise, nevertheless.
Smuggling has become increasingly organized with the creation of groups specializing in the trafficking of firearms, explosives, radioactive materials, drugs, cigarettes and illegal migrants. The last few years have seen a rise in the activities of smuggling networks that illegally move groups of Asians through Romania to Western Europe. Large amounts of money raised from these activities are laundered by firms and agencies established in the country. While Romania was previously a transit point for the trafficking of drugs, it has itself become a market for narcotics.
The implementation of Romanias anti-crime actions at the national level cannot be effective without emphasis on cooperation and coordination. That presupposes an interdisciplinary approach. The State President is giving high priority to the fight against organized crime, including corruption.
As a member of the Council of Europe, Romania has already ratified major European legislation, including conventions relating to torture and terrorism. It will soon deposit instruments for the ratification of further legislation. Last month, Romania hosted a multilateral seminar on criminal liability of legal entities.
MOHAMMED L. UWAIS CON, Chief Justice of Nigeria: Like most members of the international community, Nigeria is seriously concerned about the state of world crime. As a result of declining economy, unstable political system and globalization, hitherto unknown criminal activities have begun to take root in Nigeria. Such activities as illicit drug trafficking, urban crimes, fee fraud, corruption and money laundering provide the greatest challenges to Nigerian crime prevention and criminal justice efforts. Nigeria has formulated policies, established institutional structures and committed resources within the limit of its capacity in order to control crime. However, these measures have not been as effective as had been hoped as a result of the increasing complexity of these crimes.
No nation can effectively tackle the problem of crime in isolation. The need for close international cooperation is imperative. Therefore, the current initiative of the United Nations in elaborating broad legal principles upon which such cooperation is to be based is a most welcome development. Since independence, Nigeria has maintained the basic concept of the rule of law, providing for institutional independence and separation of powers of the three arms of Government. Various legislative acts provide for the observance of the rule of law and guarantee fundamental human rights. Further, adequate legal provisions have been made, specifying duties, functions and limitations of various institutions concerned with crime prevention and criminal justice administration. Provision of equipment and training is also important, as is accountability and transparency in the conduct of public affairs.
JUAN ANTONIO CHAHIN LUPO (Bolivia): In the heart of South America, Bolivia used to have a legal system based on the Inquisition, which certainly was not sufficient to fight against poverty and crime. About 10 years ago, a new legal system was launched, which enabled the country to redefine the role of the State and to strengthen the legal basis of society. Several years ago, a law establishing heritage was introduced, along with a whole series of legislation dealing with new forms of crime. Crime is permeating the nation, and the new system is aimed at trials defending the human and constitutional rights of citizens. We want a penal system guaranteeing due process and investigation; and taking into consideration the rights of both the victim and the offender. Public trial is to ensure those rights.
The national Parliament is dealing with new bills. The Government has set up a financial investigation unit to tackle the problems of money laundering and corruption. A statute on civil servants has been promulgated. The need for justice should be implemented through ensuring that the human being has a sense of history and society. Countries must work together to ensure human rights and the needs of humankind. Bolivia is also determined to launch a fight against poverty, which is indispensable for ensuring the rule of law. It is necessary to ensure social justice and to treat offenders in a manner which is consistent and transparent.
RICARDO MATTEO BARSALLO (Panama): Cooperation and joint strategies are among the most effective tools in combating crime. Panama has realized that globalization is a hallmark of the criminal world. Organized crime groups are highly globalized with many distribution networks; they are unaffected by the budgetary shortfalls and jurisdictional legalities which hinder law enforcement agencies. Legal norms governing this area are not keeping pace with the flexibility of organized crime.
Upon its inauguration in 1999, the Government of Panama created a permanent unit to tackle corruption. It has begun a programme aimed at humanizing the prison system with a view to creating a system of true social integration. That programme, which includes workshops to allow inmates to work towards rehabilitation, has pride of place on the Governments agenda. Commissions have been created to find alternatives to preventive detention and to decriminalize slander and libel.
FARID A. AMIN (Afghanistan): In order to launch an effective fight against crime, it is necessary to deal with such challenges as the maintenance of international peace and security, eradication of poverty, sustainable development, economic growth, immorality, social progress and globalization. This requires not promises, but firm commitment and action. Crimes against persons, citizens or humanity at large share the same essence, but differ in shape. Therefore, they might have different root causes.
In todays Afghanistan, the illegal occupation of vast areas of the country has breached the fundamental principle of international law - the inadmissibility of acquiring territory by force. A transborder aggression has enabled the mercenary Taliban to carry out most of the crimes against humanity. There is a threat of Talibanization of the entire region, should the United Nations fail to actively function in cooperation with the international community to eradicate root causes of war crimes, crimes against humanity, forced deportation and forced displacement of hundreds of thousands of people. The Taliban has virtually placed over 50 per cent of the population under house arrest and has terrorized the entire Afghan population.
The Taliban advocacy of a terrorist and extremist agenda, soaring drug production and denunciation of the international community remain unabated. As a troubled member of the global family, Afghanistan is awaiting a collective effort by the international community to search for the solutions to its problems that have become everybodys problem and that continue to grow, reaching out and affecting other societies.
ELIO GOMEZ GRILLO (Venezuela): A special national police force has been formed in Venezuela to bring together the various national activities involved in crime prevention. A system has been set up whereby the community has a role in the selection of magistrates. Candidates can come from the public through a series of representative bodies. The Government has set up an emergency judicial body involving the reassessment of all agencies of justice. It has endorsed judges and even removed them where necessary.
The new penitential system is based on a study done by scholars. It aims at creating a more open prison system, including prison farms. The State has committed itself to set up a system whereby assistance can be given following the completion of a prison sentence.
Since last July, a new penal process has been in place which aims at helping abandoned street children. At the beginning of this month, a new law was introduced to help children and adolescents. Considerable hope has been placed in this law.
Only though social justice will there be legal justice.
GUIDO ROSSI (International Scientific and Professional Advisory Council): The interdependent principles of liberty, safety and justice are the cornerstones of modern democracy and social organization. Until the end of the last millennium, all these principles had a common guarantor: a State under the rule of law. The laws produced by a single national judicial system were not always universal in their nature. Globalization has dealt a serious blow to national jurisdictions. Stateless law has emerged, and new standards are being created, transcending national frontiers. The necessary connection between State and the law is being broken and illicit activities are being nourished by the same technologies that have enabled the process of globalization itself.
The autonomy of systems can also conceal possible diversity of principles. Different concepts of justice lead to a disagreement on fundamental rights and duties. A mutual accord seems to be more necessary than ever before. There should be consensus on the principles of justice based on respect for the duties and rights of citizens, as well as human rights. A new social contract seems to be required. The rule of law based on the protection of human rights and freedoms should become the basis for the rules of society. National systems should follow the new principles. It is necessary to proceed from the globalization of the economy to the globalization of justice. Harmonization of national systems on the basis of agreed- upon principles is required. Such concepts should include those of democracy, freedom and justice, which are widely agreed upon.
MOHSEN AHMED (Naif Arab Academy for Security Services): The Naif Academy was founded in 1980. It specializes in higher education and research to prevent crime and to entrench justice. It also contributes to similar activities in all Arab countries.
The Academy is a repository of experience in fighting crime. It has issued several studies, including one on crime trends in the Arab community, and a survey on the reality of crime in the Arab nation. The United Nations should have a means to carry out studies to help its understanding of criminality.
M. REDUANE BEN KHADRA (League of Arab States): Countries of the League attach great importance to the rule of law. They exert tremendous efforts to improve the legal system and provide protection of the human rights of people. In order to reap the benefits of those efforts, the League is looking forward to even greater international cooperation in combating transnational crime. The Arab States have participated in efforts to elaborate the convention on transnational crime and in the preparatory work for the Crime Congress. They have also held a symposium on transnational organized crime. Such crimes as drug offences, corruption, illicit firearms trafficking and environmental crimes are becoming global in nature. One of the recommendations of the symposium was to prepare a draft Arab treaty to combat organized crime transcending Arab frontiers.
The Arab countries have also agreed to cooperate in combating international terrorism. An Arab convention to combat terrorism entered into force at the beginning of 1999. Unless reinforced through international cooperation, national efforts cannot be effective. Within the framework of such efforts, it is important to draw a distinction between terrorism, which must be condemned, and a legitimate right of a nation to liberate its land and restore its rights. Data banks and exchanges of information are important, as are the provision of assistance to countries in need and the training of staff. Arab countries are greatly interested in the matter of justice reform and especially in the questions of juvenile justice. In 1996, a model Arab law on juveniles was adopted. There is also a model law for reorganizing the penal system and prisons. Arab countries are also interested in the protection of the rights of the child. The League of Arab States
is ready to participate effectively in international efforts towards crime prevention and the fight against crime.
PENUELL MPAPA MADUNA (South Africa), President of the Congress, summarizing the discussions: International crime respects no boundaries. It does not respect international values and norms. This enemy will use any means at its disposal to achieve its nefarious aims and objectives. Most speakers have highlighted the trends and developments of criminal activity in the respective national contexts. Developments in law enforcement and legislation were also discussed. In quantitative terms, we have seen that crime rates may change depending on specific social and economic circumstances. However, representatives were almost unanimous in drawing attention not so much to quantitative aspects of crime as to the changing characteristics of criminal activity.
Some negative effects of globalization were identified in the discussion. The growing gap between the affluent and disadvantaged countries encourages migration, and receiving countries are often unprepared to guarantee rights to the newcomers. Among the worries expressed is that the growth of transnational crime activity is accompanied by illegal acts, such as corruption and money laundering. Speakers have dealt with crimes in the street, as well as crimes of the elite, namely, with conventional crime and economic crime. Among the most relevant points in the presentations were those related to policies, with some speakers emphasizing deterrence and others prevention. Rehabilitation programmes were strongly advocated, as well as social prevention and the participation of communities. Experiences need to be shared, successful strategies disseminated and international cooperation strengthened. Mention was made of the draft convention against transnational crime, and the need to reorient the criminal justice system towards the victims of crime was strongly felt.
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