BRAZIL CAUTIONS AGAINST ORWELLIAN SOLUTIONS TO CRIME PROBLEMS; URGES AID TO DEVELOPING COUNTRIES IN STRUGGLE AGAINST POVERTY, VIOLENCE

Press Release
SOC/CP/223

BRAZIL CAUTIONS AGAINST ORWELLIAN SOLUTIONS TO CRIME PROBLEMS; URGES AID TO DEVELOPING COUNTRIES IN STRUGGLE AGAINST POVERTY, VIOLENCE

UN Crime Congress Continues Discussions On International Cooperation in Combating Transnational Crime

(Received from a UN Information Officer.)

VIENNA, 13 April -- The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders resumed this morning its consideration of international cooperation in combating transnational crime.

In the discussions, the representative of Brazil supported the inclusion in the Congress declaration of a clause stipulating full international cooperation regarding repression of crime, as long as it respected human rights and fundamental freedoms.

“In the twenty-first century, we certainly do not want to live as if we were in the George Orwell novel ‘1984’. We do not want telescreens, telephone taps and cameras monitoring all of us. We do not want our privacy invaded by authorities”, he said. Much more effective than such measures would be developed countries’ assistance to the developing countries in the struggle against poverty and violence.

Stressing the difficulties of combating international crime, the representative of Egypt said that transnational crime used all the advantages of globalization and technical advances. The international community needed to do the same. As the principle of territoriality no longer applied and old traditional concepts were no longer applicable, the international community should apply a new code. International instruments must be adapted to specific kinds of crime, and the draft international convention on transnational crime had an important role to play. Transnational procedures should be promoted that would encourage extradition and cooperation among prosecutor-general offices.

Cameroon stressed the importance of general acceptability of the draft convention on transnational crime, saying that more meaningful and confidence- inspiring provisions needed to be developed. He also supported the creation of a special fund to address the needs of the less privileged countries, which would help achieve maximum compliance with the convention.

- 2 - Press Release SOC/CP/223 13 April 2000

The representative of the Centre for the Prevention of International Crime informed delegates about progress in the elaboration of the United Nations draft convention on transnational crime and its three protocols, saying that it should become the foundation of the Organization’s fight against organized crime.

Also speaking this morning were representatives of Botswana, Qatar, Italy, Sri Lanka, Ghana and Togo. The representatives of Austria and the European Commission presented the report of the International Conference on Combating Child Pornography on the Internet, which took place in Vienna last September.

The Congress will continue its work at 3 p.m. today.

Statements

JEAN-PAUL LABORDE, Centre for the Prevention of International Crime: The United Nations draft convention on transnational crime should be the foundation of the Organization’s fight against organized crime. Four offences will be embodied in the draft convention: participation in organized crime; laundering of the proceeds of crime; corruption linked with organized crime; and transnational crime involving an organized criminal group.

The elements of an organized crime group must be defined. An example might be a structured group of three or more persons existing for a period of time for the purpose of committing a crime. Money laundering involves the conversion or transfer of property, its concealment or disguise.

International judicial cooperation includes the speeding up of the extradition process, mutual legal assistance, joint investigations, the transfer of proceedings and law enforcement cooperation. The protection of victims is critical in the war against organized crime, and the committee in charge of drafting the convention took great care in addressing this aspect.

The draft convention’s protocols deal with trafficking in firearms; smuggling of migrants by land, air and sea; and the prevention and suppression of such trafficking in human beings. Global programmes have already been launched against trafficking in human beings and corruption.

NORMAN S. MOLEBOGE (Botswana): The fight against crime is far from being won, given the disparities in law enforcement capacities. Although some developed countries may have succeeded in reducing levels of crime, the developing and transition countries still face rising crime due to limited technological capacity, which has made it easy for criminals to turn to the most vulnerable nations when they lose ground in the developed world. These nations are either used as transit points, due to their long porous borders, or as safe havens, due to their limited capacity to effectively police their territories.

The Southern African Regional Police Chiefs Cooperation Organization has signed a multilateral agreement which fosters regional cooperation, enabling its member States to collectively and regionally fight crime through a much more coordinated approach. Significant strides have been made in fighting cross-border crimes that had the potential to become transnational crimes, such as motor vehicle theft, illicit dealing in diamonds and drugs, and cattle rustling.

A number of initiatives, protocols and conventions have been put in place by the United Nations, but its dedication to ensuring full participation by all its Member States has not been satisfactory. Crime is now committed by gangs, groups, syndicates and professionals who devote great amounts of resources that, in most cases, surpass the capacity, manpower and financial resources of the developing world. The international donor community should extend a helping hand to the most vulnerable in the spirit of cooperation, as clearly manifested in the draft convention on transnational crime.

SULAIMAN ABDEL MONEIM (Egypt): International crime is difficult to combat. Proliferating around the world, this phenomenon uses all the advantages of globalization and technology. To date, legislators have not been able to adequately address computer crime, cultural heritage and other kinds of evolving crimes. The principle of territoriality no longer applies in many cases. For this reason, a question arises as to whether the international community should apply a new code; the old traditional concepts are no longer applicable in many cases. International conventions must be adapted to the new kind of crime. In this respect, the international convention being elaborated on transnational crime has a role to play.

It is necessary to guarantee complementarity of national and international laws. Countries in need must receive technical and other assistance for the implementation of the convention. It is also necessary to establish the criminality of offences to be prosecuted and develop their definitions. New legislation has to be very precise, adapting to the new times. The criminals take advantage of new technology and the international community needs to do the same. The fight against crime calls not only for legislative reform, but also for the implementation of such principles as corporate liability. In many cases, it is international banks, foundations and corporations that are involved in transnational crime, including financial and environmental offences. In Egypt, such liability has been established.

True deterrence is also important. We must try to promote transnational procedures, encouraging extradition and cooperation between prosecutor-general offices. We must reflect on the barriers in the way of such cooperation, including differences in countries’ legislation and statutes of limitations. Offenders often take advantage of loopholes created by such differences. Judicial cooperation must become much more effective.

SAAD AHMED ABDELAZIZ ALMOHANADI (Qatar): Qatar is making every effort to implement the international, regional and Arab strategies related to combating all forms of transnational crime. Qatar also supports the efforts to enact the international convention against transnational crime. Member States should increase their efforts of coordination and international cooperation in combating transnational crime. It is necessary to stress the important role of the United Nations Centre for International Crime Prevention, in particular in the area of technical cooperation and provision of assistance to developing countries.

To strengthen international cooperation, it is also necessary to increase interaction between relevant United Nations institutions and the regional organizations and national institutes for the prevention of transnational crime. It is important to utilize the United Nations model conventions, in particular those related to extradition and mutual assistance in criminal matters. The importance of strategies of crime prevention must be emphasized, including them in the comprehensive development strategies of Member States. In order to develop and strengthen the capacities of less developed nations in fighting transnational crime, a United Nations fund should be established to provide for technical assistance to such countries.

FRANCESCO PATRONE (Italy): A law adopted in January 1998 provides for a new “virtual” or remote participation in criminal justice, under which a person involved in a case does not have to appear in the courtroom, but, instead, communicates through a video link.

The video-conference was first introduced into Italian law in 1992, and concerned the remote hearing of State witnesses. The positive result of that technological innovation convinced the legislature to introduce a general rule on this subject, applicable in nearly all phases of the process.

The video-link option is used in kidnapping and drug trafficking cases involving members of the Mafia and other related groups. It also involves the examination of State witness subject to protection, or those witnesses granted protection.

About 600 prisoners, all belonging to the Mafia and related organizations, are subject to special protection. All parties must be informed at least 10 days in advance of the hearing.

C.S. POOLOKASINGHAM (Sri Lanka): The democracy nurtured by our people has come under severe stress from those who have taken to terrorism as a means to an end. The resort to terror is unjustifiable. Our task is to send out a strong and unequivocal message that it is morally repugnant and legally unacceptable.

It had been our experience that a terrorist group is taking recourse to the Internet, ostensibly for humanitarian purposes. We support a new international instrument against criminality and which also addresses the abuse of refugee status.

Sri Lanka emphasizes the need for development cooperation and technical assistance. We support the statement made on behalf of the Group of 77 and China on the first day of the Congress. We welcome all efforts to eliminate transnational crime while respecting the principles of sovereignty, non- intervention and equal rights.

ROBERT MBELLA MBAPPE (Cameroon): New variants of criminality are posing new challenges to the international community. Trafficking of persons, smuggling of arms and ammunition, laundering money are among the new manifestations of crime, as well as corruption and fraud. Individual government efforts are inadequate in the face of that threat. International cooperation is a challenge, but also an opportunity. The international community must urgently address this question.

Much depends on the political will of each and every nation. New forms of international cooperation are indispensable in this respect, and the draft convention being elaborated is of great significance. Each party must employ its capabilities, when called upon to do so. While international cooperation must be relentlessly pursued, there is a need to contemplate a higher level of inter-State relationships. Solidarity should be based on moral, material, financial or physical contributions.

Cameroon supports the statement of the “Group of 77” developing countries and China to the Crime Congress, as well as that of the African Group. The creation of a special fund to address the needs of the less privileged countries will be an expression par excellence of international solidarity. It will help achieve maximum compliance with the convention. The principles of sovereignty, equality and mutual benefits should be emphasized. More meaningful and confidence-inspiring provisions need to be developed. General acceptability of the convention will greatly enhance its global implementation.

DENIS FERNANDO MIZNE (Brazil): The beginning of the new millennium underlines two facts regarding the treatment given to crime and the delinquent: the relentless failure of prison sentencing to respond to criminality, and our inability to devise effective treatment for violently dangerous criminals. The ever-growing number of acts of violence and terrorism requires not only effective prevention and investigation, but also a response that is able to protect society. The world is also concerned with the need to criminalize newly emerging conduct, such as computer-related crimes.

Penal law should only be resorted to when all other means have proven insufficient; prison terms should not be seen as its compulsory component. The prison is a cruel and degrading punishment, which deprives a human being of physical freedom and submits people to suffering. It should be used sparingly, only when social safety requires it.

Brazil is an unjust country, lacking resources to build more schools and hospitals. Therefore, our prisons are neither exemplary nor sufficient. However, this does not allow us to accept the idea that the fiasco of imprisonment is a typical phenomenon of developing countries due to the lack of appropriate investment and management. Those interested should refer to the studies on the penitentiary system of rich countries, which are strong admonitions against prisons.

The first and foremost modality of international cooperation against crime is the cooperation through which developed countries will help developing countries with social investments in the struggle against poverty and violence. This will be much more effective than indiscriminate creation of grounds for imprisonment. The Government of Brazil strongly supports the inclusion in the final declaration of the Congress of a clause stipulating full international cooperation regarding repression of crime, as long as it respects human rights and fundamental freedoms. We are all “born free and equal in dignity and rights”, according to the Universal Declaration. Those committing penal violations do not lose them, and neither do we, the ones who perform investigations or carry out international cooperation in the represssion of criminality. In the twenty-first century, we certainly do not want to live as if we were in George Orwell’s novel “1984”. We do not want telescreens, telephone taps, cameras monitoring all of us. We do not want out privacy invaded by authorities.

Brazil has been implementing significant reforms, which include the modernization of the Penal Code, the Penal Execution Law and the Penal Procedure Code. It is also implementing measures to criminalize organized crime, prohibit the trade and use of guns by private citizens and limit drug dealing. Major changes are being made in the prison system. Measures against corruption are also on the agenda. The country is also launching a national public security plan.

ADULPHUS WEMEGAH (Ghana): In the past year, the Ghana police have had to make more than 50 requests to the German police through the Interpol network. The Canadian police called for assistance in murder cases. The United States and the United Kingdom police sought the extradition of two Ghanaians for drug and rape offences, respectively. These were granted and the Ghanaians were sent to face the law.

Over the past year, Côte d’Ivoire reported the theft through armed robbery of more than 200 vehicles. Of those, about 25 have been located on the streets of Ghana and turned over to Interpol in Abidjan. Six vehicles are awaiting shipment to Interpol in Wiesbaden, Germany.

The emergence of new crimes, such as credit card fraud, computer fraud and money laundering, is a phenomenon that a developing country such as Ghana lacks the resources to cope with. It is disturbing to note that clues are leading to linkages in neighbouring countries.

Will other countries allow a team of our investigators to help break down international syndicates? Can developed countries afford to send a team if the need arises? Privileged nations could put some of their resources at the disposal of their less privileged counterparts. We need a concerted effort to close in on the criminals.

A special technical assistance fund, as called for by the Group of 77, should be established to help the developing countries reinforce and modernize the administration of criminal justice through the utilization of new technologies, training and research.

BENIVI JOACHIM BENI-LOCCO (Togo): This Congress is an opportunity to tackle numerous new manifestations of crime. Transnational organized crime has become a major concern in Africa. Regional and local efforts are being made to overcome the problem. Togo has set up links of cooperation with other countries and is a party to numerous international legal instruments. United Nations standards are a major point in favour of promoting the fight against transnational crime. Togo feels that it is necessary to stress the importance of technical assistance, which will help to implement the convention on transnational crime.

Many criminals feel that they are safe from prosecution in Africa. This situation is caused by the lack of judicial structures and experience in dealing with organized crime in Africa. There is also a problem of financial resources. The complexity of new kinds of crime requires increased technical cooperation in order to control the problem. The crime prevention centre in Africa should become a coordination point for national and regional efforts. A better system for criminal justice should be created through the development of better tools. Togo, along with other States, feels that transnational crime can be overcome through cooperation on the international scale. We appeal for the rapid conclusion of the draft convention and its three protocols. Judicial cooperation must work as a system, and all its links should be strong.

Presenting the report of the International Conference on Combating Child Pornography on the Internet, which took place in Vienna in September 1999, ENNO DROFENIK (Austria): The Governments of the United States and Austria, together with the European Community, organized the Conference. Measures have been taken on national, regional and international levels to overcome the problem of

child pornography on the Internet. Several countries established working groups on the matter. The Conference concentrated on the major dangers and challenges, including the problem of the enforcement of legal principles and networking.

In open constructive discussions, representatives of governments, non- governmental organizations and civil society came to some major conclusions. Zero tolerance for child pornography on the Internet is needed all over the world. It requires clear legislation and effective enforcement. A global partnership is a must. The Conference also called for worldwide criminalization of child pornography on the Internet. States were encouraged to work on harmonization of legislation in that respect. Special units should be created to deal with the problem, and specialized training should be provided to personnel. The resolution of legal problems and questions relating to legal procedures is important. Closer cooperation between governments and the Internet industry is required, as well as clarification of the responsibilities of the industry. The Conference also encouraged the empowering of Internet users to promote the results of the Conference.

LUIGI SORACE (European Commission) said a number of positive elements were underlined in the debate. Among them was the high degree of complementarity between legal regulation adopted by the State (hard law) and the regulation adopted by the computer industry (soft law). Mention was made of the emergence of codes of conduct from Internet service providers against child pornography as part of self-regulation.

Among the working group recommendations was worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography. States and regional and international institutions were encouraged to work towards harmonization of legislation.

Governments should also adopt legislative measures to enable the rapid preservation of stored traffic data, taking due account of the technical difficulties in storage capacity, billing policies and data protection issues. Measures should also be adopted to accelerate common standards and procedures of mutual assistance.

Training and capacity-building for law enforcement officials and all other law enforcement and Internet personnel involved was identified as critical, and a prerequisite for improving our tools in the fight against child pornography on the Internet.

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