UN CRIME CONGRESS CONCLUDES PRESENTATIONS ON COMBATING TRANSNATIONAL CRIME

Press Release
SOC/CP/224/Rev.1*

UN CRIME CONGRESS CONCLUDES PRESENTATIONS ON COMBATING TRANSNATIONAL CRIME

Holds Panel Talks on Understanding Transnational Crime; ‘Global Financial Crime Pandemic’, Child Pornography on Internet

(Received from a UN Information Officer.)

The Tenth United Nations Congress on Crime Prevention and the Treatment of Offenders concluded its proceedings on international cooperation in combating transnational crime this afternoon, with three panel discussions and a debate on the subject.

Experts comprising the panel presented their views on understanding transnational crime and criminality and the “global financial crime pandemic”. Other panellists at the meeting concluded their presentations on child pornography on the Internet.

In the debate, the Attorneys-General of Belarus and Croatia, as well as representatives of Cuba, the Czech Republic and Iran, made statements describing particular manifestations of organized crime endemic to their respective countries, as well as their efforts to combat it. They analysed the root causes of criminal activities and their spread across borders. Stressing the need to harmonize national legislation in order to comply with the draft convention on transnational crime, the drafting of which is expected to be concluded by the end of year, they addressed the legislative and judicial measures their governments are undertaking to that end.

Such steps included anti-corruption and anti-drug laws, as well as efforts to curb money laundering and financial fraud. Most countries were implementing measures against international terrorism and emphasizing international and regional cooperation in that respect.

Representatives of developing and transition countries also stressed their need of financial and technical assistance to effectively combat international crime. They urged the United Nations to play a leading role in coordinating international efforts to overcome transnational crime.

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* Reissued for technical reasons.

- 2 - Press Release SOC/CP/224/Rev.1 13 April 2000

The representative of the African Regional Institute for the Prevention of Crime and the Treatment of Offenders said the draft convention on transnational crime and its three protocols would greatly enhance the capability of the countries of the continent to fight crime. As practically every African country had a problem of illegal arms transfers, the Institute had put forward an initiative on combating this trade. The Institute was also assisting in drawing up draft extradition and other conventions and collaborating with African regional organizations.

Stressing the need to harmonize international regimes in relation to migrants, the representative of the International Center for Migration Policy Development addressed the problems of smuggling of human beings and illegal migration, which were an important branch of transnational organized crime.

The representative of Penal Reform International -- a non-governmental organization -- drew attention to the deficiencies of the penal system and outlined some possible reform measures.

Other organizations participating in this afternoon’s debate were the Asia Crime Prevention Foundation and the International Federation of Women with Legal Careers (Romania).

The Congress will begin its high-level segment at 10 a.m. tomorrow, 14 April.

Experts’ Presentations

The Congress then held a panel on Understanding Transnational Crime and Criminality. The first speaker, ADAM EDWARDS (United Kingdom), gave a slide presentation on the preliminary findings from the United Kingdom Economic and Social Research Council’s Seminar Series on the policy responses to transnational organized crime. The aim of the series had been to examine the theoretical foundations of the problem and explore the potential of alternative conceptions of organized crime in “the new world order”. The seminar series had been trying to identify the patterns and to find ways of combating transnational crime. Far from finding a consensus on the matter, the event had revealed that the whole matter was a subject of vigorous debate. The main points of controversy included global versus local reach; external versus internal threats; and licit versus illicit markets and entrepreneurs. A dialogue was needed between the policy makers and the broad public on the matter.

Expert EISSA ABDEL HAMID AYOUB (Jordan) then presented his views on the matter, saying that present-day crimes were becoming international in nature. They threatened security and well-being of States. Organized crime groups had infiltrated many developing countries, including Arab States. It was necessary to take joint action against that crime. Cooperation and extradition were vital in that situation. The awareness of such crime was growing, while the criminals were becoming more professional. The international community needed laws to make money laundering illegal and to confiscate illegal proceeds. Exchange of information was of particular importance, particularly where banking matters were concerned. It was also necessary to overcome corruption.

Jordan needed the aid of the international community to overcome the problems it was encountering, for much of the crime it was witnessing had originated in other countries. In many cases, Jordan could not prosecute the offenders because of current legislative barriers. Jordanian law stipulated that there should be confiscation of proceeds of crime, including drug trafficking. The country was also party to several conventions, which allowed it to exchange information and allowed for extradition. It was paying particular attention to the problems of corruption and the protection of women.

In a slide presentation on the topic of beating the global financial crime pandemic, JACK BLUM (United States) pointed out that international financial crime -- bigger, bolder and more common than ever before -- was undermining national economies. In recent years, financial scandals had erupted in many countries, including Albania, Japan, Ecuador, Venezuela, Russia and Nigeria. The central problem in fighting financial crime was jurisdiction. Law enforcement efforts were organized by crime, by country and by nationality. The explosion of communications and computer technology had shifted money, intellectual property and finance into the virtual realm. Virtual finance made a mockery of territorially based law enforcement and regulation.

The assumption that international cooperation implied a leadership of a single government was outdated, because in large financial fraud cases many governments had an interest. Also, a single fraud scheme could involve crimes committed in several countries. Obviously, investigation and prosecution should be consolidated for reasons of efficiency. The existing tools were too cumbersome to handle the volume and complexity of financial crime cases, and the agencies were understaffed in virtually all countries. The cost of global fraud investigation was overwhelming. To meet the challenge, the tools must allow cooperation without becoming mired in the thorny issues of sovereignty, human rights and privacy. Even if the tools could not be applied globally, perhaps new approaches could begin within regional groupings, such as the European Union, the Council of Europe and the Caribbean Community (CARICOM).

Panel expert Mark Pieth, a professor of penal law at the University of Basel (Switzerland), said that transnational organized crime involved corporate and State crime. Organized crime involved violence and corruption while corporate crime operated within established financial and business structures using illegal trading or production means. International corporations, intermediaries and offshore companies were involved in today’s transnational crime, including money laundering. While transnational crime was everybody’s responsibility, each country must examine what could be done domestically, while preserving cultural peculiarities and refraining from unilateral actions.

In an earlier discussion on Internet child pornography, panellist Tom Burrows, of the United States Justice Department, presented recommendations developed during a conference held in Vienna last September, saying that many countries were only just beginning to deal with the emerging problem of child pornography on the Internet. There had been a strong consensus that self- regulation played a critical role in the fight against child pornography on the Internet. Codes of conduct should be established to include specific measures to that end.

On the same subject, Nigel Williams, of Childnet, said that while there were many pictures of actual abuse of children on the Internet, law enforcement was

getting much better at tracking down those who published or downloaded those pictures. But nobody knew the children who had been photographed, whether they had any support or whether they were still being abused. One key issue was that of awareness, including education on how to use the Internet in a safe way and how to prevent children from being approached by adults who pose as children in Internet chat rooms.

He said the recommendations should be guided by the principles of cooperation with law enforcement, hotlines and the public; and by ongoing reciprocal training between law enforcement and the Internet industry. The industry should be active rather than passive in the fight against child pornography, reporting violations to law enforcement in order to pursue an investigation and prosecution.

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