CRIME CONGRESS DISCUSSES INTERNATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME
Press Release
SOC/CP/221
CRIME CONGRESS DISCUSSES INTERNATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME
20000412(Received from a UN Information Officer.)
VIENNA, 12 April -- The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders began this morning consideration of international cooperation in combating transnational crime, focusing on new challenges for such cooperation in the twenty-first century.
Introducing the topic, Congress President Penuell Maduna (South Africa) said cooperative activities were among the responses of the international community to the development of transnational organized crime. Such indispensable collective efforts included extradition and mutual legal assistance. The conclusions emanating from todays deliberations should translate into concrete ways to eliminate transnational crime.
Vincenzo Ruggiero, Rapporteur-General of the Congress, said one of the reasons for the development of transnational crime lay in the great economic disparity in the world. Disadvantaged countries often offered attractive markets for goods smuggled or stolen from the rich countries, and developed countries opened up hidden sectors of the economy. Partnerships existed between actors and alliances of actors in both developed and developing countries. There was an assumption that developing countries produced the kind of crime that affected the developed countries, but the question remained as to what extent developed countries fostered the conditions that created such a scenario.
The Prosecutor-General of Lyon, France, said it was extremely important to develop judicial cooperation as one of the strong pillars for the implementation of the convention now being elaborated within the United Nations. To carry out analyses of cases and practice, judicial points of contact should be established. Information and universal guidelines were needed, as well as the exchange of information and the establishment of reliable databases. It was also necessary to be conscious of such existing networks as the International Association of Prosecutors, established on the basis of the Vienna Convention.
The representative of Turkey said that extradition was a particularly important aspect of international cooperation in combating transnational crime, as criminals often fled their countries and found safe havens in other States.
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However, under the existing extradition and mutual assistance conventions, extradition was not granted if the offence was considered political in nature. Furthermore, in many cases, requested States easily granted refugee status to criminals, presenting an obstacle to the implementation of extradition and other relevant procedures. In such cases, extradition should prevail over asylum procedure. In any case, asylum should not be granted before the extradition procedure was concluded. He hoped that the United Nations convention would remove such obstacles.
Another important aspect of transnational crime was international terrorism, the representative of Uzbekistan said. In view of the growing incidence of terrorist acts all over the world, international cooperation in combating terrorism must be accelerated. Terrorism affected the security of all nations, and such cooperation must be universal in nature. For this purpose, Uzbekistan had put forward an initiative to create a centre to coordinate international efforts against terrorism. Modern-day terrorism was employing new methods and taking new forms; therefore, it was necessary to develop new methods of dealing with it on an international level.
Also this morning, the Attorney-General of Thailand presented the report of the Asia-Pacific Ministerial Seminar on Building Capacities for Fighting Transnational Organized Crime. He said there was a consensus of 20 participating countries that transnational organized crime was the cause of human suffering, erosion of social fabric, undermining the political system and the destruction of the economic structure of every country. The Joint Asia- Pacific Ministerial Statement adopted at the conclusion of the Seminar expressed the political commitment of the participating countries to work together closely and take all possible measures to fight transnational organized crime.
Other speakers this morning were the representatives of Barbados, Mexico, Netherlands, Japan, Zambia, Australia and Syria.
At 3 p.m. today, the Congress is scheduled to begin consideration of the methods of effective crime prevention. It is expected to return to the topic of international cooperation at 10 a.m. tomorrow, 13 April.
International Cooperation against Transnational Crime
The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders meets this morning to discuss new challenges facing the international community in combating transnational crime in the twenty-first century.
A Secretariat working paper on the subject (document A/CONF.187/6) examines some of the real and imaginary fears related to transnational organized crime today, highlighting controversies and posing questions for discussion. The relevance of the topic, the paper states, is underlined by the fact that the Ad Hoc Committee elaborating an international convention against transnational organized crime is expected to complete its work by the end of this year. That body is also addressing the three protocols to the draft convention on trafficking in women and children; the illicit arms trade; and illegal trafficking in migrants.
The paper observes that it is difficult to provide a comprehensive overview of the main contemporary manifestations of transnational crime. Little research is available, but the United Nations is trying to fill that gap through its global studies. Transnational crime is a broad concept covering different offences, which mainly fall in the domain of organized or corporate crime, and professional and political offences.
According to the document, transnational organized crime should not be exclusively identified with the illegal activities of such organizations as the Italian Mafia, Russian crime syndicates, Chinese triads, the Colombian cartels, or Nigerian networks, for they are far from monopolizing international criminal activities. Similarly, attention should not be focused solely on such conventional activities as the drug trade, trafficking in human beings or stolen goods and the laundering of illegal proceeds. Taking on more complex features, transnational crime also includes tax evasion, forgery of goods, fraud, unfair competition, the import of protected plants and animals, and trafficking in works of art. Most transnational criminal activity is accompanied by corruption of officials, which facilitates the commission of an offence and its concealment.
The increase of transnational criminal activity is part of the general process of globalization, the paper observes. Many types of such crime may be caused by the economic disparity between countries and by political conflicts erupting in many regions. In that respect, one of the controversial issues for discussion relates to the extent to which more economically advanced countries foster transnational crime. Some other controversial issues relate to the involvement of ethnic groups in transnational operations and an analysis of how geographical, social and cultural mobility may facilitate criminal undertakings. The investment of illegitimate proceeds in economically advanced countries also raises some points for discussion.
Also according to the paper, the intermingling of organized, corporate and white-collar crime constitutes a specific feature of transnational illegal organizations. Transnational organized crime should not be mistaken for activity conducted by centralized, highly structured organizations and ruthless market operators. Dispersed participants and diverse social actors are involved in networks in which opportunistic chances are taken and short-term alliances are set up. According to some studies, traffickers frequently maintain control of illegal migrants once they reach the country of destination and force them to commit crimes, engage in prostitution or work for low wages. The paper states that it is inappropriate to portray such illicit business as exclusively characterized by a victimizer-victimized relationship. Thought should be given to the fact that there are both willing and unwilling victims.
There is widespread agreement that transnational crime is the result of new criminal opportunities, the paper notes. Among the circumstances that generate official anxiety is the fact that members of transnational criminal groups take advantage of differences in countries legislation, moving across nations to exploit normative loopholes and inconsistencies. Consideration should also be given to the fact that transnational organized crime traditionally creates demand for the smuggled goods it brings to markets. Yet another aspect of the problem concerns the fact that white-collar and corporate crime is less stigmatized and penalized than conventional organized crime. With the interconnection of these types of criminal behaviour, the relative tolerance to white-collar criminals may be extended to members of organized criminal groups.
The paper concludes that further research into the causes of the various types of transnational crime is vital and the effects of deterrence and penalty should also be studied, as well as the role of law enforcement in the matter.
Statements
PENUELL MADUNA (South Africa), President of the Congress: Many countries are concerned about the growing sophistication of transnational crime. Among the responses are international cooperation, including extradition, and mutual legal assistance. It is an indispensable way to address the problem. The conclusions emanating from this session should translate into concrete ways to eliminate transnational organized crime.
VINCENZO RUGGIERO, Congress Rapporteur-General: Criminal organizations have the advantage of being able to plunder from a distance. There are several controversial points pertaining to the term transnational, which is not a precise definition. Goods can be produced locally and then distributed abroad. An organization can only have transnational capacity after attaining its power.
There is a tendency to focus on conventional criminal activity. Other activities include fraud against international organizations, industrial espionage, international art theft, illegal dumping of hazardous waste and aggression against countries. The spectrum is very wide. There are important areas pertaining to white collar and corporate crime rather than to conventional crime.
The great economic disparity in the world may be one of the reasons why transnational crime has developed. Disadvantaged countries may offer attractive markets for goods smuggled or stolen from the rich countries. Developed countries may open up hidden sectors of the economy where they could employ illegal migrants, making them complicit in transnational crime.
Partnerships exist between actors and alliances of actors in both developed and developing countries. There is an assumption that developing countries produce the kind of crime that affects the developed countries. But to what extent do developed countries foster the conditions that create that scenario? An example is the failure to consider the pre-existence of a pharmacological culture that engenders the demand for drugs.
SUCHART TRAOPRASIT, Attorney-General of Thailand, presenting a report of the Asia-Pacific Ministerial Seminar on Building capacities for fighting transnational organized crime: It is a common and shared responsibility of all countries to combat transnational organized crime. Thailand is prepared to cooperate with other countries and the international community towards that end. The objectives of the Seminar last month, held in Bangkok in cooperation with the United Nations Office for Drug Control and Crime Prevention, were to promote regional understanding and cooperation against transnational organized crime and to mobilize political support for the proposed convention on such crimes and its three protocols.
Issues of interest were raised and discussed in a very constructive manner, both at the ministerial and expert levels. There was a consensus among the 20 participating countries that transnational organized crime was the cause of human suffering, the erosion of the social fabric, the undermining of political systems and the destruction of the economic structure of every country. The Joint Asia-Pacific Ministerial Statement adopted at the conclusion of the Seminar expressed the political commitment of the participating countries to work together closely and take all possible measures to fight transnational organized crime. The ministers also pledged their firm support for finalizing the convention and its protocols by the end of the year.
This regional effort is only the beginning. Thailand firmly believes that all nations must work harder not only to catch up with the criminals, but also to ensure that we are one step ahead of them. Otherwise, we will be caught in a vicious cycle, fighting the new centurys crimes with the last centurys tools. Thailand, therefore, encourages the effort of other regions to build and strengthen their capacities and to promote closer international cooperation on this important issue. Thailand proposes hosting the next United Nations Crime Congress, bearing in mind possible changes to the format of the Congress. Financial and technical assistance in human resource development should be provided to encourage and allow countries to focus on strengthening their national legislation and other capacities for international cooperation. Emphasis must be placed on the training of all criminal justice officials in order fully to utilize innovative legal techniques. The United States-sponsored international law enforcement academy, recently established in Bangkok, is an example of cooperation in this field.
FRANCOIS FALLETTI, Prosecutor-General of Lyon, France: The draft convention and its three protocols should become effective tools in fighting transnational organized crime. It is necessary to improve international cooperation in that respect. Major difficulties exist in this field. Effective judicial cooperation needs to be developed. It is difficult to implement judicial cooperation without effective police interaction, however. The draft convention on transnational crime contains safeguards of political sovereignty and the right to defence, but bureaucratic approaches and poor knowledge of legal instruments are sometimes hindering cooperation. That is especially true for prosecutors, who play an important role in judicial cooperation. Achieving results from other countries is sometimes like throwing a bottle into the open ocean and waiting for the results. Such a situation should be rectified. Also, joint operations and investigations should be conducted with the participation of prosecutors, who play an important role in extradition.
Central authorities of all countries play an essential role in international cooperation. In many cases, they play a restrictive role, supervising proper conduct of cases. In different countries, the legal process takes different shapes, and practical approaches need to be pursued to carry out such actions as transnational seizures of goods. Several possible avenues can be pursued. It is necessary to be conscious of existing networks, such as the International Association of Prosecutors, established on the basis of the Vienna Convention. Such associations can be useful in the fight against child pornography, for example.
It is also necessary to establish judicial points of contact, responsible for carrying out analyses of cases. That would make international cooperation in law enforcement faster and more effective. Information and universal guidelines are needed, as well as establishment of databases. In general, it is extremely important to develop judicial cooperation as one of the strong pillars for the implementation of the convention now being elaborated within the United Nations.
DAVID SIMMONS, Attorney-General of Barbados: With the demise of the cold war, small States are now more vulnerable to the insidious, pernicious influence of illegal narcotics and psychotropic substances. There is a chain of violence throughout the Caribbean, a region which, in a real sense, represents the first line of defence against the movement of drugs from the producing States of South America and the consuming States of Europe and North America. Those States share with the Caribbean an equal responsibility for stopping the illicit drug trade.
Drugs have been described as a New World phenomenon. It is an aspect of organized transnational crime. There is an upward spiral of criminality in all countries, whether rich or poor, developed or developing. On the other hand, some countries are reporting an overall decline in the incidence of reported crime, but a worrying increase in certain types of crimes - violent crimes, sex crimes and drug crimes. That is the evidence of Barbados.
Despite a constant spiral of crime, there was a decline in the mid-1990s. But in 1998, there was an increase in the use of illegal firearms in violent crime. That increase has occurred because increased international cooperation, especially in the use of military patrols, led to a startling decline in drug crime. The fall-off meant a scarcity of drugs, which caused dealers to turn their attention to places where they were readily available, such as supermarkets and petrol stations. This has happened throughout the Caribbean.
The most useful initiatives lie in international cooperation. Barbados has entered into treaties providing for extradition and mutual legal assistance, notably with the United States. A special item of legislation, the International Maritime Cooperation Act, allows Barbados to cooperate with any State party to the Vienna Convention of 1998. Europe and the United States have not taken sufficient advantage of existing legislation to patrol the waters of the Caribbean in policing the illicit drug trade.
There seems to be an attack by the Organization for Economic Cooperation and Development (OECD) countries against some of our jurisdictions. We register our dissatisfaction with the way in which the OECD has responded to our offshore financial services. We have to approach the weaknesses in offshore jurisdictions through multilateralism, rather than through the big stick of sanctions.
The legal authority for countries to take such measures is dubious. The way forward is for all of us to intensify international cooperation as provided for in the Vienna Convention of 1998. The developed world must provide technical assistance to impoverished small States.
EDUARDO IBAROLLA NICOLU, Deputy Prosecutor-General of Mexico: Transnational crime is fundamentally linked to drug trafficking in Mexico. It is also involved in smuggling of migrants, organized theft of goods, bank robberies and other crimes, which have a grave negative impact on society. For that reason, Mexico has been involved in developing new legislation to cope with the new manifestations of crime. A new law had been enacted on transnational crime, giving police the possibility to tap conversations and infiltrate criminal organizations, among other things. An elite unit has been created to combat organized crime, and measures have been undertaken to avoid corruption of its members. Minimal standards for police training have been established throughout the country.
One of the important aspects of international cooperation is extradition, and such mechanisms are being established in Mexico. In most cases, extradition from Mexico involves cooperation with the United States. Some differences with the Government of that country involve the fact that Mexico does not extradite individuals facing a death sentence in another country. However, extradition is granted if an offender is facing a life sentence. For Mexico, legal assistance is an important aspect of international cooperation in the fight against transnational crime, as well as cooperation with central authorities. Exchange of information with other countries and provision of relevant data have intensified in recent years. Mexico is also involved with a new kind of crime, namely, money laundering. There has been a change of mentality as far as this crime is concerned. It is important to see how far the burden of proof goes in respect of this crime, and it is also important to draw a line between the clean and dirty money.
The fight against domestic corruption is important. A centre has been established to combat this kind of crime in Mexico. One cannot simply assume that public officials are immune from corruption. For this reason, a number of tests have been developed to uncover this offence. Also, due protection for judges must be assured to provide for the necessary safety and independence of their decisions.
DATO STEENHUIS, Prosecutor-General of the Netherlands: We have a language problem. In order to mitigate and possibly solve it, the European Union established a training programme to provide a sufficient number of prosecutors who can speak at least one of the Unions five main languages and to equip them with knowledge of the respective criminal justice systems.
The Netherlands has certain advantages, such as the closeness of justice to the people. On the level of international cooperation, there may be need for amendments. Requests for cooperation may pass through the central authority in the Ministry or directly though local authorities. We have adapted our organization to deal with transnational organized crime.
SEREF UNAL (Turkey): The convention on transnational crime will enable the international community to jointly respond to this kind of sophisticated evil. Once in force, it should develop methods for revealing and dismantling international criminal organizations. Turkey is already a party to the existing international conventions in the field of mutual assistance in criminal matters, and it has concluded more than 40 bilateral agreements on terrorism, drugs and other crime issues. Turkey has already done the work to put its legislation in compliance with the draft convention and other international standards. The new Turkish law on the prevention of profit-oriented criminal organizations was enacted in July 1999. Turkey has also passed laws on money laundering and narcotic drugs.
Extradition is a particularly important aspect of international cooperation in combating transnational crime, as criminals often flee the country where crimes are committed and find safe havens in other States. However, under existing extradition and mutual assistance conventions, extradition is not granted if the offence is considered political in nature. Furthermore, in many cases, requested States easily grant refugee status to criminals. This is an obstacle to the implementation of extradition and other relevant conventions. In such cases, extradition should prevail over asylum procedures. In any case, asylum should not be granted before the extradition procedure is concluded. We hope that the new convention will be implemented in the spirit of cooperation to remove these kinds of obstacles.
It is well known that the Turkish police have struggled successfully with illicit drug trafficking. They have extensive experience in this field. In cooperation with the United Nations International Drug Control Programme (UNDCP), an international law enforcement academy will be set up in the near future in Turkey. Thus, the country will be able to share its knowledge and expertise with other countries of the region.
GOROV AOKI (Japan): Globalization and the introduction of new technologies have provided various opportunities not only to our society, but to the criminal world, as well. Transnational crime is becoming a serious threat to individual citizens and to democratic society and the global market economy. There is a strong need for all countries to cope with this problem together. Japan is committed to active cooperation with other countries and the international community to deal with this global issue.
Japan supports the elaboration of the convention on transnational organized crime and its related protocols. Japan has been making specific contributions to this through financing and by organizing meetings to address the technical questions concerning the convention. Within the framework of the Group of Eight industrialized countries, Japan has been participating in the work of the senior experts group on transnational crime. This year, Japan is holding the presidency of this group. The country has also been participating in efforts to enhance regional cooperation in the fight against organized crime. For that reason, Japan is planning to hold the Asia-Pacific Law Enforcement Conference against Transnational Organized Crime, which is tentatively scheduled for the beginning of next year.
J.C. KASONGO (Zambia): Crime rates throughout the world, particularly in developing countries, are rapidly increasing. Evidence to that effect is apparent in that the political leadership, the police, the judges and, of course, the public at large have become almost daily spokespersons on crime through the various media and other forums. Crime, in particular violent crime, holds countries to ransom. It affects every member of society on a daily basis. It is affecting the economy. It is affecting foreign investments. It is affecting the outflow of valuable human resources. It is affecting the rich. It is affecting the poor. It is affecting our lives, our spiritual well-being. It is affecting our future and stability. It is affecting the very fibre of our society.
In order for us to succeed in our fight against organized and transnational crime, it is imperative for us to stop being individualistic in our operations and to start working closely and to share criminal intelligence. In the southern African region, there has been practical cooperation between police forces in the fight against transnational crime. Since 1997, for example, States of the region have had joint operations targeting such crimes as motor vehicle thefts, drug trafficking, and illicit trafficking in firearms and precious stones.
The principle behind a successful crime prevention strategy is to engage the assistance of all those who can, and should, help to solve a crime problem. For example, improving street lighting, planning the layout of a parking lot and the location of a shopping centre cannot be undertaken by law enforcement agencies. These are functions of local government, local business and the community. Since no single agency is responsible for all the elements that cause crime, a joint effort is needed.
ADAM GRAYCAR (Australia): As a destination country for immigration, Australia has a strong interest in the subject. Smuggling and trafficking are different concepts. The former may involve the manner of bringing someone across the border, while the latter may involve some later activity the purpose of which is to pay back the organized criminal groups, such as working in the illegal sex or entertainment industries or in agriculture.
For many reasons, there are very poor statistical data. Until recently, there was no law covering trafficking. Laws on sexual servitude were only recently codified. There is a cocktail of people involved -- those trying to escape extreme poverty, persecution, conflict or war, or those simply seeking a better life. Some people may not have the documentation to go to the country of their choice.
Some people pay large amounts of money while knowing they are acting illegally. Others may think they are acting legally, but merely jumping the queue. Still others are totally unaware that they are acting illegally while some may have been kidnapped and sold. Children may be sold by impoverished families. Added to the cocktail are law enforcement authorities such as immigration, customs and police officers.
Australia provides support and educational services for victims of trafficking, as well as legislative reform. Last year, the law was amended to include statutory penalties for slavery and sexual servitude. The maximum penalty is 25 years for slavery and 15 years for sexual servitude, or longer if the victim is under 18 years of age. Australia has also changed legislation to define smuggling and has introduced laws on child sex tourism. Proposals were made recently regarding illegal workers.
Australia maintains a network of activities backed by legislation to show that it is keen to work against organized crime, but, more importantly, that it wants to work transnationally and cooperatively.
LILIYA R. BAKIEVA (Uzbekistan): Crime is evolving in many ways, and in the face of this challenge the international community must embrace a broad range of measures. In this respect, the elaboration of an international convention on transnational organized crime acquires special importance.
One of the most dangerous problems today is represented by transnational terrorism, which has become one of the main threats to both national and international security. It is connected with other criminal activities, including arms and drug smuggling. Recent regional meetings in which Uzbekistan took part considered the ways to overcome this scourge. In view of the growing incidence of terrorist acts all over the world, international cooperation in combating terrorism must be accelerated. Terrorism affects the security of all nations, and cooperation to eliminate it must be universal in nature. For this purpose, Uzbekistan has put forward an initiative to create an international
centre to coordinate international efforts against terrorism. Modern-day terrorism is employing new methods and taking new forms. As a result, it is necessary to develop new methods of dealing with it on an international level.
The representative of Syria: The transnational dimensions of organized crime call for action to strengthen the observance of human rights and justice. Syria attaches great importance to the United Nations in its efforts to strengthen international cooperation. The elaboration of international instruments is a way of attacking all the complicated aspects of serious crimes. International cooperation could be more effective with the exchange of experiences and information among Member States.
The fight against transnational crime would benefit from aid and assistance for the confiscation of illicit property. Bilateral and multilateral conventions relating to extradition and banking secrecy are needed, as are established international criteria to deter money laundering.
Syria is committed to international cooperation. It has condemned terrorism perpetrated for a criminal aim; no such act can be perpetrated from Syrian territory.
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