ISSN 1020-914X

UNAFEI

NEWSLETTERUNITED NATIONS ASIA AND FAR EASTINSTITUTE FOR THE PREVENTION OF CRIME
AND THE TREATMENT OF OFFENDERS

No. 131
February 2010

Established1961
IN THIS ISSUE

Page

LETTER FROM THE DIRECTOR ................................................................................................................................ 1

THE 144TH INTERNATIONAL SENIOR SEMINAR ................................................................................................. 3
THE ENHANCEMENT OF APPROPRIATE MEASURES FOR VICTIMS OF CRIME AT EACH STAGE OF
THE CRIMINAL JUSTICE PROCESS
Seminar Rationale ........................................................................................................................................... 3
Seminar Summary ........................................................................................................................................... 7
Lecture Topics ................................................................................................................................................. 8
Individual Presentation Topics ........................................................................................................................ 10Group Workshop Sessions ............................................................................................................................... 12
Observation Visits ........................................................................................................................................... 15Group Study Tour ............................................................................................................................................ 16
Special Events ................................................................................................................................................. 17
Reference Materials ......................................................................................................................................... 19
Experts and Participants List ........................................................................................................................... 22

The 15th Seminar on Crime Prevention and Criminal Justice for the People’s Republic of China ................................ 25
INFORMATION ABOUT FORTHCOMING PROGRAMMES .................................................................................... 27
The Tenth Country Focused Training Course on the Juvenile Delinquent Treatment System for Kenya ...................... 27
The Sixth Seminar on Criminal Justice for Central Asia ................................................................................................ 27
The 145th International Training Course ........................................................................................................................ 27
ADMINISTRATIVE NEWS .......................................................................................................................................... 30
Overseas Trips by Staff ................................................................................................................................................... 30
FACULTY & STAFF OF UNAFEI ................................................................................................................................ 31

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

1-26, HARUMI-CHO, FUCHU, TOKYO 183-0057, JAPANTEL: 81-42-333-7021 ◆ FAX: 81-42-333-4656 ◆ E-MAIL: unafei@moj.go.jp
HOME PAGE: http://www.unafei.or.jp/

1

LETTER FROM THE DIRECTOR

It is my privilege to inform readers of the successful completion of the 144th International
Senior Seminar on "The Enhancement of Appropriate Measures for Victims of Crime at Each
Stage of the Criminal Justice Process", which took place from 12 January to 9 February 2010.
In this Seminar, we welcomed two Japanese observers, seven Japanese participants and 14
overseas participants: eight from Asia, one from Africa, three from Latin America and the
Caribbean, and two from Oceania. They included police officers, public prosecutors, and otherhigh-ranking public officials in the field of corrections and rehabilitation.
As this newsletter demonstrates, the Seminar was extremely productive. It consisted ofindividual presentations, group workshops and plenary sessions, visits to relevant criminal justiceagencies, and presentations by visiting experts, faculty members and ad hoc lecturers.
Considerable attention has deservedly been paid to ensuring due process and establishingfundamental rights for suspects and defendants. In contrast, and despite the fact that they were themost adversely affected by crime, the criminal justice system paid little attention to the protection,
support, rights, interests and legal status of victims of crime.
It was not until the Sixth United Nations Congress on the Prevention of Crime and theTreatment of Offenders (hereinafter referred to as "the Congress") in 1980 that the United Nations
really focused on the issue of the protection of victims, when the Congress discussed this issue
under the agenda item "Crime and the abuse of power: offences and offenders beyond the reachof the law". Five years later, "The Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power" was adopted at the Seventh Congress held in Milan, Italy in September
1985, and subsequently by the United Nations General Assembly on 29 November 1985
(Assembly Resolution 40/34 annex). The Declaration is the most fundamental instrument adopted
by the United Nations in relation to the improvement of the treatment of victims in the crime
prevention and criminal justice field. The Declaration is divided into two parts, namely "Part A:
Victims of Crime" and "Part B: Victims of Abuse of Power". In summary, based on the philosophy
that victims of crime should be treated with compassion and respect for their dignity, Part A
recommends measures to be taken on behalf of victims of crime at the international, regional andnational levels. The United Nations Convention on Transnational Organized Crime and the United
Nations Convention against Corruption also require States Parties to take measures to assist or
protect victims (UNTOC Art 25, UNCAC Art 32).
However, despite the adoption of the Declaration there was little evidence that Member
States took adequate measures for the improvement of the treatment of victims, including changes
to their legal systems, as noted in "The Guide for Policy Makers on the Implementation of theUnited Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse ofPower", developed by the Expert Group Meeting on Victims of Crime and Abuse of Power
which was established in response to ECOSOC resolution 1996/14, on developing a manual to aid
implementation of the Declaration.
Thus, twenty-five years since the adoption of the Declaration, it is worthwhile for criminal
justice practitioners of Member States to review their criminal justice systems in accordance withit, and UNAFEI, as an institute of the UN Crime Prevention and Criminal Justice Programme
Network, therefore decided to hold this Seminar.

2

During the Seminar the participants diligently and comprehensively examined the current
situation of measures for victims of crime in their respective countries, primarily through a
comparative analysis. The participants shared their own experiences and knowledge of the issues,and identified problems and areas in which improvements could be made. After engaging in
in-depth discussions with the UNAFEI faculty and visiting experts, the participants were able toput forth effective and practical solutions that could be applied in their respective countries.
I would like to offer my sincere congratulations to all the participants upon their successful
completion of the Seminar, made possible by their strenuous efforts. My heartfelt gratitude goesto the visiting experts and ad hoc lecturers who contributed a great deal to the Seminar’s success.
Furthermore, I appreciate the indispensable assistance and co-operation extended to UNAFEI byvarious agencies and institutions, which helped diversify the programme.
I would like to express my great appreciation to the Japan International Cooperation
Agency (JICA) for its immeasurable support throughout the Seminar. At the same time, a warm
tribute must be paid to the Asia Crime Prevention Foundation (ACPF) and its branch organizations
for their substantial contributions to our activities. Lastly, I owe my gratitude to all the individuals
whose unselfish efforts behind the scenes contributed significantly to the successful realization ofthis Seminar.
Upon returning to their home countries, I genuinely believe that, like their predecessors, thestrong determination and dedication of the participants will enable them to work towards
the improvement of their respective nations’ criminal justice systems, and to the benefit ofinternational society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 144th
International Senior Seminar. I hope that the experience they gained during the Seminar proves
valuable in their daily work, and that the bonds fostered among the participants, visiting experts
and UNAFEI staff will continue to grow for many years to come.

February 2010

Masaki Sasaki
Director, UNAFEI

3

THE 144TH INTERNATIONAL SENIOR SEMINAR"THE ENHANCEMENT OF APPROPRIATE MEASURES FOR VICTIMS OF
CRIME AT EACH STAGE OF THE CRIMINAL JUSTICE PROCESS"

Seminar Rationale

Considerable attention has deservedly been paid to ensuring due process and establishingfundamental rights for suspects and defendants. In contrast, under modern criminal justice systems,
victims of crime were "forgotten persons" until the middle of the twentieth century. Despite thefact that they were the most adversely affected by crime, little attention was paid to theirprotection, support, rights, interests and legal status in the criminal justice system. However, acommon understanding regarding the necessity of promoting the protection and the support ofvictims of crime has developed.
This development, which mainly took place in Western countries after the 1960s, can bedivided into three stages. The first stage was the establishment of a system of monetary support
for the victim (1960s). The second stage was the strengthening of immediate and direct support
for the victim (1970s). After the second stage there was a realization that the victim in thecriminal justice process had very few rights and the actual process sometimes victimized them asecond time and this led to the third stage. The third stage has brought about the enactment of
statutes for the improvement of the legal status of the victim and the establishment of the rightsof the victim (from the 1980s).
It was not until the Sixth United Nations Congress on the Prevention of Crime and theTreatment of Offenders (hereinafter referred to as "the Congress") in 1980 that the United Nations
really focused on the issue of the protection of victims, when the Congress discussed this issue
under the agenda item "Crime and the abuse of power: offences and offenders beyond the reachof the law". Five years later, "The Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power" was adopted at the Seventh Congress held in Milan, Italy in September
1985, and subsequently by the United Nations General Assembly on 29 November 1985
(Assembly Resolution 40/34 annex). The Declaration is the most fundamental instrument adopted by
the United Nations in relation to the improvement of the treatment of victims in the crime
prevention and criminal justice field. The Declaration is divided into two parts, namely "Part A:
Victims of Crime" and "Part B: Victims of Abuse of Power". In summary, based on thephilosophy that victims of crime should be treated with compassion and respect for their dignity,
Part A recommends the following measures to be taken on behalf of victims of crime at theinternational, regional and national levels:• that victims of crime are entitled to access to the mechanism of justice and fair treatment(Declaration 4-7);• that fair restitution to victims by offenders responsible for their behaviour should be
realized (Declaration 8-11);• that States should endeavour to provide financial compensation to victims, when compensation
is not fully available from offenders (Declaration 12,13); and• that victims should receive necessary material, psychological and social assistance.
(Declaration 14-17).
Part B proposes that states should consider incorporating into their national law norms

4

proscribing abuses of power and providing remedies to victims of such abuses. However, despite
the adoption of the Declaration there was little evidence that Member States took adequate
measures for the improvement of the treatment of victims, including changes to their legal systems.
In consideration of the above, the United Nations Economic and Social Council recommended that
Member States take the necessary steps to give effect to the provisions contained in the
Declaration in its resolution 1989/57, and recognized the need for continuous efforts to do so andto adapt the Declaration to meet the full range of needs and the circumstances of different
countries in the preamble of its resolution 1990/22. Moreover, the United Nations Commission on
Crime Prevention and Criminal Justice (hereinafter referred to as "the Commission"), at its fifthsession, adopted a resolution to develop a manual or manuals on the use and application of the
Declaration, which was subsequently adopted as ECOSOC resolution 1996/14. In response to that
resolution, the Expert Group Meeting on Victims of Crime and Abuse of Power was established,
and it developed "The Handbook on Justice for Victims on the Use and Application of the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power" 1 (hereinafterreferred to as "the Handbook") and "The Guide for Policy Makers on the Implementation of theUnited Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse ofPower" 2 (hereinafter referred to as "the Guide"). The Guide points out a major discrepancy
between the implementation and the philosophy of the Declaration by stating in its introduction"There is probably no jurisdiction where the treatment of victims of crime and abuse of power isfully in accordance with the Declaration". In 2005, the Bangkok Declaration on Synergies andResponses adopted at the Eleventh Congress declared that "we recognize the importance of giving
special attention to the need to protect witnesses and victims of crime and terrorism, and wecommit ourselves to strengthening, where needed, the legal and financial framework for providing
support to such victims, taking into account, inter alia, the Declaration of Basic Principles ofJustice for Victims of Crime and Abuse of Power".
From the other perspective, the United Nations Convention on Transnational Organized
Crime (hereinafter referred to as "UNTOC") and the United Nations Convention against Corruption(hereinafter referred to as "UNCAC") require States Parties to take measures to assist or protect
victims (UNTOC Art 25, UNCAC Art 32).
Thus, twenty-five years since the adoption of the Declaration, it was worthwhile for criminal
justice practitioners of Member States to review their criminal justice systems in accordance with it.
Giving due consideration to the above mentioned rationale, UNAFEI, as a regional instituteof the United Nations Crime Prevention and Criminal Justice Programme Network, explored in thisSeminar various issues that relate to victims of crime, with due consideration for the Declaration.
In regard to victims of crime, the restorative justice approach has been frequently discussed
in recent years. "Basic Principles on the Use of Restorative Justice Programmes in Criminal
Matters" 3, which is also a United Nations instrument, should be referred to when the restorative
justice approach is discussed as a related issue to victims of crime in this Seminar, although therestorative justice approach was not the focal point of this Seminar.
Regarding the matter of victims of abuse of power, although it is a topic of grave concern,
it was too broad an issue to include as a theme of this Seminar. Therefore, in this Seminar, we
did not address the issue of victims of abuse of power unless it was necessary to discuss the issueof victims of crime.
1"The Handbook on Justice for Victims on the Use and Application of Declaration of Basic Principles of Justicefor Victims of Crime and Abuse of Power" United Nations Office for Drug Control and Crime Prevention,
Centre for International Crime Prevention, New York, 1999. It can be obtained at the following web site.
http://www.uncjin.org/Standards/standards.html
2"The Guide for Policy Makers on the Implementation of the United Nations Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power." United Nations Office for Drug Control and Crime
Prevention, Centre for International Crime Prevention, New York, 1999. It can be obtained at the above web site.
3
Economic and Social Council Resolution 2000/14 U.N. Doc, E/2000/INF/2/Add.2

5

Objectives
The purpose of this Seminar was to offer participants an opportunity to share experiences
and knowledge regarding measures for victims of crime. In order to achieve this purpose, the Seminarprogramme provided an opportunity to clarify the current situations and problems existing in therespective countries in the field of measures for victims of crime. There was also an opportunity
to build participants’ knowledge of possible ways to enhance measures for victims of crime at allstages of the criminal justice process. In doing so, the participants were expected to use the
Declaration as a yardstick and the Handbook and the Guide, mentioned above, as their mainreference materials. Among the major topics studied were the following:(1) Current situation of and problems with measures for victims of crime at the investigation stage(Declaration Art 6 (a), (b), (d), Handbook Chap. III A):
a. Consideration of the views and concerns of victims of crime in investigation (e.g. making
of a complaint);
b. Ensuring victims’ safety and privacy (e.g., prohibition of access by the offender to the victim,
separate waiting rooms);
c. Providing information for victims of crime (e.g. progress of investigation, available measures forassistance).
(2) Current situation of and problems with measures for victims of crime at the prosecution stage(Declaration Art.6 (a), (b), 7, Handbook Chap. II E, III B):
a. Consideration of the views and concerns of victims in prosecution (e.g. Private prosecution,measures of objection to non-prosecution and dismissal of the case);b. Mechanisms for the resolution of disputes other than by formal prosecution (e.g. mediation,
reconciliation and arbitration, including the restorative justice approach);c. Providing information for victims of crime (e.g. the prosecutor’s disposition and reason forthe disposition).
(3) Current situation of and problems with measures for victims at the trial/sentencing stage(Declaration Art 6(a), (b), (d), 8-11, Handbook Chap. II D, F, III C):
a. Consideration of the views and concerns of victims regarding the criminal trial (e.g. victim
participation in criminal trials, questioning of witnesses/defendant by the victim, victim
impact statement);b. Restitution from offender through the criminal trial or attached process (e.g. compensation
order, reparation order, reconciliation in the criminal process, constitution de partie civile);c. Ensuring the victim’s safety and privacy (e.g. confidentiality of victim’s identifying information,
witness protection programmes);d. Minimizing the burden on victims in testifying as a witness (e.g. video link, testimony
using videotape, victims’ attendants);
e. Providing information for victims of crime (e.g. the schedule of the trial, inspecting or
making copy of the trial record).
(4) Current situation of and problems with measures for victims of crime at the execution ofsentence stage (Declaration Art 6(a), (b), Handbook Chap. III D):
a. Consideration of the views and concerns of victims regarding the treatment of offenders at
the post-sentencing stage (e.g. opinion hearing on parole or release, involvement in sessions
for the education of offenders on the impact of crime on victims);
b. Providing the victim and the community with information concerning the treatment ofoffenders (e.g. date of release, legal grounds for release and location of sex offenders).

6(5) Current situation of and problems with measures for victims of crime at all stages of thecriminal justice process (Declaration Art 6 (c), 12, 14-16, Handbook Chap. II.F.):a. Necessary material, medical, psychological and social assistance (e.g. shelter, counselling,legal assistance);b. State compensation system for victims of crime;c. Strengthening co-operation with other criminal authorities or organizations, experts orcommunity outside of the criminal justice system;d. Training on victim matters for criminal justice practitioners;e. Other effective measures for victims of crime (e.g. raising public awareness).

7

Seminar Summary

Lectures
In total, seven lectures were presented by visiting experts, eight by ad hoc lecturers, andseven by the professors of UNAFEI. Five distinguished criminal justice practitioners and scholars
from abroad served as UNAFEI visiting experts. They lectured on issues relating to the main
theme, and contributed significantly to the Seminar by encouraging discussions after their own
lectures, participating in the discussions of other programmes, and conversing with the participants
on informal occasions. Additionally, distinguished senior officials of the Government of Japan anduniversity professors delivered ad hoc lectures. The lecturers and lecture topics are listed on pages
8 to 9.
Individual Presentations
During the first two weeks, each Japanese and overseas participant delivered an individual
presentation, which introduced the actual situation, problems and future prospects of his or her
country. These papers were compiled onto a USB memory stick and distributed to all theparticipants. The titles of these individual presentation papers are listed on pages 10 to 11.
Group Workshop Sessions
Group Workshop sessions further examined the subtopics of the main theme. In order to
conduct each session effectively, the UNAFEI faculty selected individuals to serve as group members
for the sub-topics, based on their response to a questionnaire previously distributed. Selectedparticipants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, and visiting
experts and faculty members served as advisers. Each group’s primary responsibility was toexplore and develop their designated topics in the group workshop sessions. The participants,
experts and UNAFEI faculty studied the topics and exchanged their views based on information
obtained through personal experience, the individual presentations, lectures and so forth. After thegroup workshop sessions, reports were drafted based on the discussions in their groups. These
reports were subsequently presented in the report-back session, where they were endorsed as thereports of the Seminar. Brief summaries of the group workshop reports are provided on pages 12
to 14.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Seminar’s
academic agenda, many activities were arranged to provide a greater understanding of Japanesesociety and culture, with the assistance of various organizations and individuals, including the Asia
Crime Prevention Foundation (ACPF). For more detailed descriptions, please refer to pages 15 to18.

8Lecture Topics

Visiting Experts’ Lectures
1)

Prof. John P.J. Dussich (USA)• "Victimology - Past, Present and Future"2)

Prof. Cho Kyoon Seok (Republic of Korea)• "Measures for Crime Victims in the Korean Criminal Justice System"

3)

Prof. Dr. Kumaravelu Chockalingam (India)• "Measures for Crime Victims in the Indian Criminal Justice System"

4)

Ms. Kim Herd (USA)• "Assistance for Federal Crime Victims at All Stages of the Criminal Justice Process"5)

Ms. Martina Peter (Germany)• "Measures to Protect Victims in German Criminal Proceedings"

UNAFEI Professors’ Lectures
1)

Mr. Haruhiko Higuchi, Professor, UNAFEI• Challenges of the Koban (Police Box) System in the 21st Century

2)

Ms. Fumiko Akahane, Professor, UNAFEI• Prosecution in Japan3)

Mr. Jun Oshino, Professor, UNAFEI• The Courts

4)

Mr. Junichi Watanabe, Professor, UNAFEI• Institutional Corrections in Japan5)

Mr. Toru Kawaharada, Professor, UNAFEI• The Community-Based Treatment of Offenders System in Japan6)

Mr. Tetsuya Sugano, Professor, UNAFEI• Institutional Corrections in Japan: Juvenile Institutions

97)

Mr. Haruhiko Ukawa, Deputy Director, UNAFEI• Promoting the Interests of Crime Victims: Ministry of Justice Responses

8)

Mr. Motoo Noguchi, Professor, UNAFEI• International Criminal Tribunal and Victims

Ad Hoc Lectures
1)

Mr. Shinichi Seto
Director, Office for Policies on Crime, Cabinet Office• Current Conditions and Future Issues with Measures for Crime Victims

2)

Mr. Hayato Takagi
Director, Office for Crime Victims, National Police Agency• The Police Support for Crime Victims in Japan3)

Mr. Akira Yamagami
Administrative Director, National Network for Victims• Victim Support in Japan: History, Current Situation, and Future Tasks - Psychology ofVictimization and Victim Support

4)

Ms. Emiko Okubo
Executive Board Member, Victim Support Center of Tokyo• Protection and Support of Crime Victims from their Viewpoints

5)

Mr. Keisuke Senta
Professor, University of Tokyo Graduate Schools of Law and Politics• Victim Support and Protection within the Framework of the United Nations Conventions in
Criminal Matters

6)

Mr. Tatsuya Ota
Professor, Keio University Faculty of Law• Victim Support in Asia

7)

Ms. Fusako Ishibashi
Chief, Victim Support Division, Japan Legal Support Center Headquarters• Support for Crime Victims by the Japan Legal Support Center (JLSC)

8)

Ms. Yukiko Yamada
Director, Victim-Offender Dialogue Programme Management Center• Necessity and Fulfillment of Dialogue with Offenders from the Viewpoint of Victims Activities of "Victim-Offender Dialogue Meetings"

10

Individual Presentation Topics

Overseas Participants
1)

Mr. Md. Awlad Ali Fakir (Bangladesh)• Country Report on Victims of Crime2)

Ms. Valéria Raquel Pereira Martirena (Brazil)• Victim-Etimological Considerations and the Treatment Given in the Brazilian Penal System

3)

Mr. Conrado A. Reyes (Guatemala)• Current Situation of Violence in Guatemala

4)

Mr. Wawan Muliawan (Indonesia)• Indonesia Criminal Justice Process for Victims of Crime in Human Trafficking Cases

5)

Mr. Nayaya Balarabe Sulaiman (Nigeria)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of the
Criminal Justice Process

6)

Mr. Shakeel Ahmad Durrani (Pakistan)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of the
Criminal Justice Process

7)

Mr. Muhammad Athar Waheed (Pakistan)• Victims of Crime in Pakistan

8)

Mr. Donald Yamasombi (Papua New Guinea)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of the
Criminal Justice Process

9)

Mr. Eduardo José Tristán Castro (Peru)• Appropriate Measures for Victims of Crime

10) Mr. Manuel Golloso Co (Philippines)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of The
Philippine Criminal Justice System
11) Ms. Mari Elvira Bote Herrera (Philippines)• The Measures Provided for Crime Victims in the Prosecution Stage of the Philippine
Criminal Justice System
12) Mr. Shem Philip (Vanuatu)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of The
Vanuatu Criminal Justice Process13) Mr. Vu Nam Ha (Vietnam)• The Enhancement of Appropriate Measures for Victims of Crime at Each Stage of The
Criminal Justice Process

1114) Mr. Musaed Dhaifallah Qaid Al-Dhaheri (Yemen)• Current Situation of Measures for Victims of Crime at Each Stage of the Criminal Justice
Process in the Republic of Yemen
Japanese Participants15) Mr. Mahito Araki• Victim Support Measures at the Investigation Stage Provided by the Public Prosecutors
Offices in Japan16) Mr. Yoshiaki Furukawa• Current Situation and Challenges of the Policy and Measures for Victims of Crime in the
Offender Rehabilitation Services17) Mr. Masahito Murohashi• The Enhancement of Appropriate Measures for Victims at Each Stage of the JapaneseCriminal Justice Process: Current Situation of and Problems with Measures for Victims at the
Trial/Sentencing Stage18) Mr. Hiroshi Sato
• Victim Support at the Stage of Public Prosecutors’ Disposal19) Mr. Ko Takano• Current Situation and Problems of Measures for Victims of Crime at the Execution of
Sentence Stage20) Mr. Ryoji Terado• Offenders and Crime Victims21) Mr. Masaki Yokose• Support for Crime Victims from the National Police Agency, Japan
Japanese Observers22) Ms. Emiko Nishimura• Victim Support Related Juvenile Hearings in Japan23) Mr. Takashi Nishioka• The Victim Support System During Trial in Japan12

Group Workshop Sessions

Group 1MEASURES FOR VICTIMS OF CRIME AT EACH STAGE OF THE
CRIMINAL JUSTICE PROCESS WITH SPECIAL ATTENTION TO VICTIMSOF SEX CRIME/CHILD VICTIMS
Chairperson
Co-chairperson
Rapporteur
Co-Rapporteur
Members

Visiting Experts

Advisers

Ms. Mari Elvira Bote Herrera
Mr. Masahiro Murohashi
Mr. Donald Yamasombi
Mr. Eduardo José Tristán Castro
Mr. Ryoji Terado
Ms. Valéria Raquel Pereira Martirena
Mr. Philip Shem
Mr. Takeshi Nishioka
Prof. Cho Kyoon Seok
Ms. Martina Peter
Ms. Kim Herd
Prof. Tetsuya SuganoProf. Fumiko AkahaneProf. Ayako Sakonji(Philippines)(Japan)(Papua New Guinea)(Peru)(Japan)(Brazil)(Vanuatu)(Japan)(Rep. of Korea)(Germany)(USA)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup One discussed the following issues with reference to their respective countries’
experiences: (i) Collection/reception of evidence; (ii) Preservation of evidence; (iii) Improvementof Line Agencies Co-operation; (iv) Providing for the safety and wellbeing of victims. Following
comprehensive discussions on these matters, the group then made the following recommendations:
1. Special consideration should be given to the mental and physical needs of victims, specifically,
via the following initiatives: (a) the development of a central system or organization to provide forvictims’ medical, social, welfare and psychological needs, as well as collection and preservationof evidence; (b) development of guidelines for investigators on matters such as methods ofcollection and preservation of evidence, interview techniques, etc.; and (c) core group training forpolice officers, to include education in social, medical, psychological and religious/community
services available to victims. 2. Governments should implement awareness and enlightenment
programmes for vulnerable groups, with the support of police, teachers, public health professionals
and the mass media. 3. The privacy and dignity of victims should be protected via: (a) creationof female-majority police units or stations to handle sex crimes; (b) non-disclosure of the victim’s
personal information; (c) modified behaviour of personnel who deal with victims. 4. The Stateshould render professional protection and services (including psychological services) to victims.
5. Victims or their immediate family members (unless the family members are the perpetrators of thecrime) should be notified of the status of the case at every stage of criminal justice proceedings.
6. Legal frameworks should be established to allow for victim protection and victim participationin judicial procedure. 7. Victim advocate programmes should be developed in the community toprovide legal support, liaise between agencies, monitor case progress, escort victims to police
stations and courthouses, and to provide psychological support.

13Group 2MEASURES FOR VICTIMS OF CRIME AT EACH STAGE OF THE
CRIMINAL JUSTICE PROCESS WITH SPECIAL ATTENTION TO VICTIMSOF VIOLENT CRIME, INCLUDING HOMICIDE
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Visiting Experts

Advisers

Mr. Manuel Golloso Co
Mr. Hiroshi Sato
Mr. Muhammad Athar Waheed
Mr. Yoshiaki Furukawa
Mr. Md. Awlad Ali Fakir
Mr. Nam Ha Vu
Ms. Emiko Nishimura
Mr. Musaed Dhaifallah Qaid Al-DhaheriProf. Cho Kyoon Seok
Ms. Martina Peter
Ms. Kim Herd
Prof. Haruhiko Higuchi
Prof. Jun Oshino
Prof. Toru Kawaharada(Philippines)(Japan)(Pakistan)(Japan)(Bangladesh)(Vietnam)(Japan)(Yemen)(Rep. of Korea)(Germany)(USA)(UNAFEI)(UNAFEI)(UNAFEI)

Report Summary
Following comprehensive discussions, Group Two made the following recommendations:
1. Each state may establish a separate national institution responsible for planning and executionof national victim policy. 2. There is need for specific laws providing for victims’ rights to
information, compensation and restitution and other allied services. 3. Each state should create a
victim support fund for all categories of victims of crime, but especially for women and children.
Those states with the requisite financial resources are recommended to institute a system of finesurcharge; some percentage of fines collected from offenders must be added to the victim support
fund. 4. Each state may incorporate victim impact statements in its criminal justice system.
5. General practitioners should receive training in issues which commonly arise in dealing withvictims, and advanced training should be mandatory for specialized units, such as those dealing
with crisis interventions. 6. There must be proper infrastructure and systems to provide information
to crime victims, including separate offices and facilities. 7. The information-gathering procedure
should be simplified with the provision of a "one-stop shop" service for crime victims. 8. The
nation state must establish a balance between offenders’ and victims’ rights at each stage of thecriminal justice process, without prejudice the rights of suspects or offenders. 9. Each state must
inculcate sensitivity to the rights of victims in its national educational policies. 10. The media
should avoid secondary victimization of crime victims by adhering to international codes of ethics
for media professionals. 11. Communities should be involved in victims’ issues through awareness,motivation and participation campaigns. 12. Each state may encourage public-private partnerships
for victim support. 13. Research on victims’ concerns should be both governmental and academic,
and modifications in the criminal justice system can be undertaken in view of given policy
recommendations. Independent sources within each state should undertake a national survey ofcrime victims. 14. States should focus on the 3Ms Formula: man, material and method. Capacity
building of human resources, separate infrastructure and modified procedure and practice will leadto a fairer and more just system for victims of crime.

14

Group 3
MEASURES FOR VICTIMS OF CRIME AT EACH STAGE OF THE
CRIMINAL JUSTICE PROCESS WITH SPECIAL ATTENTION TO VICTIMSOF ORGANIZED CRIME
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteurs
Members
Visiting Experts

Advisers

Mr. Mahito Araki
Mr. Conrado A. Reyes
Mr. Shakeel Ahmed Durrani
Mr. Balarabe Nayaya Sulaiman
Mr. Masaki Yokose
Mr. Muliawan Wawan
Mr. Ko Takano
Prof. Cho Kyoon Seok
Ms. Martina Peter
Ms. Kim Herd
Prof. Naoyuki Harada(Japan)(Guatemala)(Pakistan)(Nigeria)(Japan)(Indonesia)(Japan)(Rep. of Korea)(Germany)(USA)(UNAFEI)

Prof. Junichi Watanabe(UNAFEI)

Report SummaryGroup Three considered this topic with particular reference to human trafficking (hereinafter"HT") and recommended both short-term and long-term measures. Short-term measures: 1. Statesshould establish special units to protect victims of and witnesses to organized crime. 2. Criminal
justice officials, especially investigators, should be sensitized to the suffering of victims of HT.
3. Co-ordination and co-operation among various agencies and organizations, including NGOs,
should be streamlined by a national commission for prevention of HT. 4. Vulnerable groups
should be targeted in awareness-raising campaigns which highlight the dangers to life and healthcaused by HT. 5. Weak and vulnerable groups should in no way be treated as offenders. If andwhen detained, they should not be confined and should be afforded all possible material assistanceand be informed of their rights. 6. Affected countries should post representatives on a reciprocal
basis to liaise and oversee treatment provided in each country.
Long-term measures: 1. An administratively and financially autonomous national levelcommittee should be established to ensure provision of immediate assistance to victims oforganized crime, particularly HT. The committee should address rehabilitation and restitution orcompensation. 2. Best practices of treatment of victims should be replicated even if they do not
relate specifically to victims of HT. 3. A national committee for prohibition of HT, comprisinglegislators, academics, intellectuals, representatives of I/NGOs and experienced criminal justicepractitioners, should reassess existing anti-HT laws and suggest amendments as necessary.
4. Countries of origin, transit and destination should maintain close co-ordination and should signbilateral or multi-lateral MOUs to ensure that victims are treated with compassion and respect,even though they may be prima facie offenders. 5. These MOUs should provide for informal
mechanisms of information-sharing to identify and protect victims of HT. 6. Private sector
participation should be ensured to extend social assistance to victims of HT. 7. An independent
national institute should be established to study victimology, with reference to HT. 8. To compensate
victims, governments should create a victims’ fund from fines collected from all offenders.
9. Items recovered or confiscated from offenders should also be used to compensate victims.

15

Observation Visits

Date

Agency/Institution

Main Persons Concerned

20 Jan.

Tokyo District Public Prosecutors Office• Mr. Shuji Iwamura(Chief Prosecutor)

Ministry of Justice• Ms. Keiko Chiba(Minister of Justice)

1 Feb.

9 Feb.

Tokyo District Court
The Supreme Court• Mr. Yuuki Furuta(Justice)

Fuchu Prison• Mr. Hideo Fujimoto(Special Assistant to the Warden)16Group Study Tour

Date

Location

Agency/Institution

Main Persons Concerned

3 Feb.

Hiroshima• Hiroshima Prefectural
Police HQ• Mr. Masayoshi Watanabe(Assistant Director of the
Police Safety Consultation
Division)

4 Feb.

Hiroshima• Chugoku Regional
Parole Board• Mr. Kenji Yamada(Director)

Hiroshima• Hiroshima Probation
Office• Ms. Masako Suzuki(Director)

Hiroshima• Hiroshima Public
Prosecutors Office• Mr. Masao Nobuta(Deputy Chief Prosecutor)

Kyoto• Kyoto Victim Support
Center• Prof. Minoru Oya(Director)

5 Feb.

17

Special Events

14, 15, 19 Jan.

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The sensei (teacher) was Ms. Junko Toyoguchi of JICE.
20 Jan.

Courtesy Visit to the Ministry of Justice andReception by the Vice-Minister of Justice

After visiting the Ministry of Justice, a reception was held by the Vice-Minister ofJustice, Mr. Kotaro Ono, at the Ministry of Justice, Tokyo.
21 Jan.

Social with Tokyo University Students

A social was held at UNAFEI to allow the participants a chance to meet withstudents of Tokyo University School of Law.
25 Jan.

Friendship Party with Japanese VPOs

A Friendship Party was held at UNAFEI to allow the participants a chance to chatinformally with Japanese Volunteer Probation Officers.
29 Jan.

Public Lecture and UNAFEI Alumni Reception

The Public Lecture Programme is conducted annually to increase social awarenessof criminal justice issues through comparative international study. The public lecture,sponsored by the Asia Crime Prevention Foundation (ACPF), the Japan Criminal Policy
Society (JCPS) and UNAFEI, was held in the Grand Hall of the Ministry of Justice andwas attended by distinguished guests, UNAFEI alumni and the participants of the 144th
Senior Seminar.
This year, Ms. Kim Herd, Chief of the Victim Witness Assistance Unit, UnitedStates’ Attorney’s Office for the District of Columbia, USA, and Ms. Martina Peter, Directorof Division RB 2 of the Federal Ministry of Law, Germany, were invited as speakers. They
presented papers entitled "Assistance for Federal Crime Victims at All Stages of the
Criminal Justice Process" and "Measures to Protect Victims in German Criminal
Proceedings: A Summary with Special Focus on the Key Points of the Second Victims’
Rights Reform Act", respectively.
Afterwards, the UNAFEI Alumni Association hosted an enjoyable reception for theparticipants at the Lawyers’ Club.
1 Feb.

ACPF Nangoku-kai Party
The ACPF Nangoku Branch kindly hosted a party for the participants where they
were entertained by Black Shimada, a Japanese magician.

18

9 Feb.

Farewell Party
A party was held to bid farewell to all the participants.

19

Reference Materials

I.
A.
1.

2.
3.

4.

5.

6.

7.

8.

B.
1.

2.
3.

4.

United Nations Documents
Standards and Norms and Related Materials
Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice:Part Three: Crime prevention and victim issues: II. Victims (including UN Declarations ofBasic Principles of Justice for Victims of Crime and Abuse of Power (1985, A/RES/40/34),
UN Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (2004,
Annex I, E/CN.15/2005/14/Add.1).
< http://www.unodc.org/pdf/compendium/compendium_2006_part_03_02.pdf >Criminal Justice Assessment Toolkit: cross cutting issues: victims and witnesses (2006).
< http://www.unodc.org/documents/justice-and-prison-reform/cjat_eng/3_Victims_Witnesses.pdf >Handbook on Justice for Victims on the Use and Application of the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power (1999).
< http://www.uncjin.org/Standards/9857854.pdf >Guide for Policy Makers on the Implementation of the United Nations Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power (1999).
< http://www.uncjin.org/Standards/policy.pdf >Justice in Matters involving Child Victims and Witnesses of Crime: Model Law and Related
Commentary (2009).
< http://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters...pdf >Handbook on Restorative Justice Programmes (2006) (including UN Basic Principles on the
Use of Restorative Justice Programmes in Criminal Matters (2002, E/CN.15/2002/L.2/Rev.1).
< http://www.unodc.org/pdf/criminal_justice/06-56290_Ebook.pdf >Results of the Meeting of the Intergovernmental Expert Group to Develop an InformationGathering Instrument on United Nations Standards and Norms Related Primarily to Victim
Issues: Report of the Secretary-General (2009, E/CN.15/2007/3) (data only).
< http://daccess-dds-ny.un.org/doc/UNDOC/GEN/V07/805/39/PDF/V0780539.pdf?OpenElement >Use and Application of Standards and Norms in Crime Prevention and Criminal Justice:
Report of the Secretary General (2009, E/CN.15/2009/16).
< http://www.unodc.org/documents/commissions/CCPCJ-session18/CCPCJ18-Documents/
ECN 5200916-E.pdf >Conventions and Related Materials
United Nations Convention against Transnational Organized Crime and Its Protocol thereto(2003) (excerpts: v(contents), p5, p27-p28).
< http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/
TOCebook-e.pdf >United Nations Convention against Corruption (2005) (excerpts: p1, p17-p18).
< http://www.unodc.org/pdf/corruption/publications_unodc_convention-e.pdf >Legislative Guides: United Nations Convention against Transnational Organized Crime and(2004) (excerpts: p163-182, p280-p293).
< http://www.unodc.org/pdf/crime/legislative_guides/Legislative%20guides_Full%20version.pdf >Legislative Guides: United Nations Convention against Corruption (2006) (excerpts: p141-146).
< http://www.unodc.org/documents/treaties/UNCAC/Publications/LegislativeGuide/
06-53440_Ebook.pdf >20

II. Other International or Regional Instruments and Related Materials
A. International Criminal Court
1. Rome Statute of the International Criminal Court (2002).
< http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/
Rome_Statute_English.pdf >2. Rules of Procedure and Evidence (2002, excerpts: Table of Contents, p20-p27, p52-p59).
< http://www.icc-cpi.int/NR/rdonlyres/F1E0AC1C-A3F3-4A3C-B9A7-B3E8B115E886/140164/
Rules_of_procedure_and_Evidence_English.pdf >
B.
1.

2.

C.
1.

2.

3.

Council of Europe
European Convention on the Compensation of Victims of Violent Crimes (1983, Council ofEurope).
< http://conventions.coe.int/Treaty/en/Treaties/Word/116.doc >Council of Europe, Council Framework Decision on the Standing of Victims in Criminal
Proceedings (2001, Council of Europe).
< http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:082:0001:0004:EN:PDF >OthersDraft of United Nations Convention on Justice and Support for Victims and Crime and Abuseof Power (2006, World Society of Victimology).
< http://www.tilburguniversity.nl/intervict/undeclaration/convention.pdf >Crime Victims: Doing Justice to Their Support And Protection (2003, HEUNI publication
written by Irvin Waller).
< http://www.coe.int/t/dghl/standardsetting/victims/crime%20victims.pdf >Model Codes for Post-Conflict Criminal Justice: Volume 2 (2008, United States Institute for
Peace: Model Code of Criminal Procedure) (excerpts: chapter 5).
< http://www.usip.org/files/MC2/MC2-8-Ch5.pdf >III. Others
A. United Kingdom
1. The Victims Charter (2004, Criminal Justice System, UK).
< http://www.homeoffice.gov.uk/documents/victims-charter?view=Binary >2. The Code of Practice for Victims of Crime (2005, Office for Criminal Justice Reform, UK).
< http://www.homeoffice.gov.uk/documents/victims-code-of-practice?view=Binary >
B.
1.

2.
3.
4.

United States
New Directions from the Field: Victims’ Rights and Services for the 21st Century: Index,
Executive Summary, Chapter 1 & Chapter 2 (2000, Office of Victims of Crime (OVC), US)(excerpts: i, vii- xxiii, p1-p146).
< http://www.ojp.usdoj.gov/ovc/new/directions/pdftxt/direct.pdf >First Response to Victims of Crime (2008, OVC, US) (excerpts: index, 1-13, 37-65).
< http://www.ojp.usdoj.gov/ovc/publications/infores/pdftxt/FirstResponseGuidebook.pdf >Attorney General Guidelines for Victim and Witness Assistance (2005, OVC, US).
< http://www.justice.gov/olp/pdf/ag_guidelines.pdf >Guidelines for Victim-Sensitive Victim-Offender Mediation: Restorative Justice through Dialogue(2000, OVC, US) (excerpts: p1-25).
< http://www.ojp.usdoj.gov/ovc/publications/infores/restorative_justice/restorative_justice_ascii_pdf/
ncj176346.pdf >

21

C.
1.

2.

3.
4.
5.
6.
7.

D.
1.

2.

Japan
Basic Act on Crime Victims (2004).
< http://www.japaneselawtranslation.go.jp/law/detail/?printID=&ft=3&re=01&dn=1&bu=16&x=
27&y=23&ky=&page=12&vm=03 >Code of Criminal Procedure (Chapter 1&2) (2006 version, data only).
< http://www.japaneselawtranslation.go.jp/law/detail/?printID=&ft=3&re=01&dn=1&bu=16&x=
27&y=23&ky=&page=4&vm=02 >For Victims of Crime (Public Prosecutors Office).
< http://www.moj.go.jp/ENGLISH/CRAB/crab-02.html >White Paper on Crime 2007 (p241-256).
Police Support for Crime Victims (National Police Agency, 2009) (data only).
< http://www.npa.go.jp/english/kyuuyo1/Police%20Support%20for%20Crime%20Victims.pdf >Japan’s Actions to Combat Trafficking in Persons (Ministry of Foreign Affairs) (data only).
< http://www.mofa.go.jp/policy/i_crime/people/pamphlet.pdf >Stop the Violence (Gender Equality Bureau, Cabinet Office) (data only).
< http://www.gender.go.jp/e-vaw/book/images/pdf/stoptheviolence.pdf >Other Countries
The Emergence of Victim’s Rights in Thailand: Twenty Years after the U.N. Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power (Prof. Prathan
Watanavanich, Thailand, UNAFEI Resource Material Series No. 70, p.3-25, data only).
< http://www.unafei.or.jp/english/pdf/PDF_rms/no70/p003-p30.pdf >Group work Reports in UNAFEI 131st International Training Course (UNAFEI Resource
Material Series No. 70, p.3-25, data only).
Group 1: Protection of Victims of Crime in the Criminal Justice Process.
< http://www.unafei.or.jp/english/pdf/PDF_rms/no70/p163-169.pdf >Group 2: Response to the Needs of Victims of Crime.
< http://www.unafei.or.jp/english/pdf/PDF_rms/no70/p170-178.pdf >Group 3: Active Participation of Victims of Crime in the Criminal Justice Process.
< http://www.unafei.or.jp/english/pdf/PDF_rms/no70/p179-186.pdf >22Experts and Participants List

Visiting Experts
Prof. Cho Kyoon Seok

Professor
School of Law
Ehwa Womans University
Republic of Korea

Ms. Kim Herd

Chief
Victim Witness Assistance Unit
United States’ Attorney’s Office for theDistrict of Columbia,
USA

Ms. Martina Peter

Regierungsdirektorin
Referentin (Legal Officer), Division RB 2
Law of Criminal Proceedings
Federal Ministry of Law
Germany

Prof. John P. J. Dussich(USA)

Director
Tokiwa International Victimology Institute,
Tokiwa University
Japan

Prof. Dr. Kumaravelu Chockalingam(India)Deputy Director
Tokiwa International Victimology Institute,
Tokiwa University
Japan

Overseas Participants
Mr. Md. Awlad Ali Fakir

Superintendent of Police
Faridpur District Police
Bangladesh

Ms. Valéria Raquel Pereira Martirena

Head of Police Officers on Duty
5th District Regional Police Station
Civil Police
Department of the Federal District
BrazilMr. Conrado A. Reyes

LawyerCriminal Cases of the National Property
Register,
Register Security Department
Guatemala23

Mr. Wawan Muliawan

Chief of Operational Unit
Security Intelligence Division
Indonesian National Police
Indonesia

Mr. Balarabe Nayaya Sulaiman

Assistant Commissioner of Police
Legal Section
Force Criminal Investigation Department
Nigeria Police
Nigeria

Mr. Shakeel Ahmed Durrani

Director of Balochistan Province
Interior Division
Federal Investigation Agency
Pakistan

Mr. Muhammad Athar Waheed

Senior Superintendent of Police
Regional Investigation Branch
Rawalpindi Regional Police Force
Pakistan

Mr. Donald Yamasombi

Director of Criminal Investigations
Crimes Division
Royal Papua New Guinea Constabulary
Papua New Guinea

Mr. Eduardo José Tristán Castro

Analayst and Advisor of Important andRelevant Information,
General Secretariat
National Police of Peru
Peru

Mr. Manuel Golloso Co

Regional Director
National Capital Region
Parole and Probation Administration
Philippines

Ms. Mari Elvira Bote Herrera

State Prosecutor (Prosecutor II)
National Prosecution Service
Department of Justice
Philippines

Mr. Shem Philip

Coordinator for Liaison Officers
Crime Prevention and Community Safety Unit
Vanuatu Police Force
VanuatuMr. Nam Ha Vu

Head of Police Communication andCommand Center,
Police Staff Department
General Department of Police

24

Ministry of Public Security
VietnamMr. Musaed Dhaifallah Qaid Al-Dhaheri

Deputy General Manager
General Department of Tourism Police
Ministry of Interior
Yemen

Japanese Participants
Mr. Mahito Araki

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. Yoshiaki Furukawa

Chief
Chief of Planning and Co-ordination Department
Tokyo Probation Office

Mr. Masahiro Muroshashi

JudgeTokyo District Court

Mr. Hiroshi Sato

Public Prosecutor
Osaka District Public Prosecutors Office

Mr. Ko Takano

Special Assistant to the Superintendent
Naniwa Juvenile Training School

Mr. Ryoji Terado

Senior Researcher
Research Division
Research and Training Institute
Ministry of Justice

Mr. Masaki Yokose

Police Inspector
Personnel Division
Commissioner General’s Secretariat
National Police Agency

Ms. Emiko Nishimura

Government Attorney
International Cooperation Department
Research and Training Institute
Ministry of Justice

Mr. Takeshi Nishioka

Government Attorney
International Co-operation Department
Research and Training Institute
Ministry of Justice25

THE 15TH SEMINAR ON CRIME PREVENTION AND
CRIMINAL JUSTICE FOR THE PEOPLE’S REPUBLIC OF
CHINA

The 15th Seminar on Crime Prevention and Criminal Justice for the People’s Republic ofChina was held from 16 November to 3 December 2009. Twelve participants and three course
counsellors attended.
Mr. Jiang Jing

Deputy Director-General
Department of National Judicial Examination
Ministry of Justice of the People’s Republic of
China

Mr. Kang Yu

Deputy Director-General
Department of Judicial Assistance andForeign Affairs,
Ministry of Justice of the People’s Republic of
ChinaMr. Zhang Zhao-Xin

Deputy Director-General
Bureau of Re-Education through Labor
Administration,
Ministry of Justice of the People’s Republic of
ChinaMr. Liang Ran

Division Director
Bureau of Prison Administration
Ministry of Justice of the People’s Republic of
China

Mr. Jiang Hai-Tao

Division Director
Department of National Judicial Examination
Ministry of Justice of the People’s Republic of
ChinaMr. Li Nai-Bao

Deputy Division Director
Department of Finance
Ministry of Justice of the People’s Republic of
China

Ms. Wang Rui-Guang

Personnel Department
Ministry of Justice of the People’s Republic of
ChinaMr. Zhang Gui-Long

Deputy Director
Regulations Filing and Review Department
Legislative Affairs Commission
Standing Committee of the National People’s
Congress of the People’s Republic of China

26

Ms. Liu Zuo-Jun

Deputy Director-General
Legislation Planning Department
Legislative Affairs Commission
Standing Committee of the National People’s
Congress of the People’s Republic of China

Mr. Guo Li-Ran

Assistant Judge
The Third Criminal Tribunal
Supreme People’s Court of the People’s
Republic of China

Mr. Nie Hong-Yong

Senior Judge
The Judicial Supervision Court
Supreme People’s Court of the People’s
Republic of China

Mr. Deng Yun

Division Director
Educating and Training Division of Political
Department,
The Supreme People’s Procuratorate of thePeople’s Republic of China

Mr. Lu Jia-Yi

Director
General Office of the National Prosecutors
College of the People’s Republic of China

Mr. Yu Lin-Tao

Deputy Chief of Division
Criminal Investigation Department
Ministry of Public Security

Mr. Niu Yong

Director Clerk
Criminal Investigation Department
Forensic Science Division,
Ministry of Public Security

27

INFORMATION ABOUT FORTHCOMING PROGRAMMES

1. The Tenth Country Focused Training Course on the Juvenile Delinquent Treatment
System for Kenya
The Tenth Country Focused Training Course on the Juvenile Delinquent Treatment System
for Kenya will be held from 15 February to 11 March 2010. The Course is entitled "Developmentof a Child Care and Protection Officers’ Training System". Twelve government officials and one
JICA observer will attend.
2.

The Sixth Seminar on Criminal Justice for Central Asia
The Sixth Seminar on Criminal Justice for Central Asia will be held from 3 to 18 March
2010. The theme of the Seminar is "Effective Criminal Justice Measures against Drug Offences
and Prevention of International Drug Trafficking". Nine participants from four Central Asian
countries, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, will attend.
3.

The 145th International Training Course
The 145th International Training Course will be held from 12 May to 17 June 2010. The
tentative theme of the Course will be "Effective Resettlement of Offenders by Strengthening‘Community Reintegration Factors’". Ten overseas participants and nine Japanese participants willattend.
Rationale
Since the 1990s, scientific trends measuring the efficacy of rehabilitative programmes foroffenders from the viewpoint of ‘what works’ have spread in many countries and, as a result,many have come to believe that applying adequate treatment methods to a relevant group of
offenders could change their behaviour and reduce the possibility of repeat offences. Particularly,
programmes based on cognitive behavioural theory, designed to encourage offenders to acknowledge
their offending behaviour, consider its impact, address the distortions in their perspectives andthinking, change their attitudes, and develop strategies for avoiding situations giving rise to theiroffending in the future, have come to be widely utilized in both institutionalized and communitybased settings.
However, it has become gradually apparent that these programmes alone are not sufficiently
effective unless coupled with programmes aimed at strengthening community reintegration factors,
such as stable accommodation, basic skills (such as literacy and numeracy), employment, andbudgeting/debt counselling. Strengthening these factors will achieve the following objectives interms of the treatment of offenders:• It reduces the possibility of repeat offences;• It increases the possibility that cognitive behavioral programmes, etc. will be successfullycompleted; and• It could complement and reinforce the efficacy of such programmes.
It is necessary to strengthen these integration factors, in particular, for the treatment ofprolific or persistent offenders. Because those offenders are likely to have multiple problems,
working on a single factor of offending behaviour, for example the distortions in their perspectives,is not sufficient, and, it is also important to take a wide range of community reintegration factors
into consideration for their treatment. The Japanese government’s White Paper on Crime 2009,
based upon a follow-up research of 1,210 offenders who received a suspended sentence (691
offenders for larceny and 519 offenders for violations of the Stimulants Control Act), statisticallydemonstrates that offenders with:(i)proper employment;

28

(ii)
family members, etc. with whom the offender lives (stronger ties with family members); or(ii)
a guarantor who swore supervision of the offender in court;
have lower rates of repeat offences (the Research and Training Institute of the Ministry of Justice,
While Paper on Crime 2009 [English Version], forthcoming).
Strengthening community reintegration factors cannot be appropriately implemented by a single
agency. Co-operation with a wide range of agencies, organizations and individuals is indispensable.
The White Paper on Crime 2007 states that "a multidisciplinary approach" for wide-ranging support
is to be carried out with the close collaboration of the criminal justice agencies and other relevant
agencies responsible for employment, welfare, education, health and medicine and so forth (theResearch and Training Institute of the Ministry of Justice, While Paper on Crime 2007 [English
Version], p.360). In the international community, the necessity of strengthening the role of groups
and individuals outside the public sector is also emphasized.1 Strengthening community reintegration
factors, through establishing co-operation with such a wide range of agencies, organizations andindividuals in both the public sector and the private sector, is, however, difficult to accomplish,
and it is a great challenge in the treatment of offenders at present.
Based on the above, this course aims to clarify the current situations and problems existingin participating countries’ treatment of offenders systems, mainly in terms of ways of strengthening
community reintegration factors, i.e., supporting employment, securing stable accommodation,
developing basic skills, and so on. It also aims to study good measures to improve these kindsof treatment for offenders, including ways of co-operating with concerned agencies, organizations
and individuals in the public sector and the private sector, and by doing so, aims at further
promotion and development of the administration of both institutional and community-based
treatment of offenders in the participating countries.
Objectives
The purpose of this Training Course is to offer participants an opportunity to shareexperiences and knowledge regarding the effective resettlement of offenders by strengthening
community reintegration factors. In order to achieve this purpose, the training programme will
provide an opportunity to clarify the current situations and problems existing in the respective
countries in the field of the resettlement of offenders by strengthening community reintegration
factors. There will also be opportunity to build participants’ knowledge of possible measures toimprove ways of strengthening community reintegration factors of offenders at all stages ofcriminal justice proceedings. In doing so, the participants are expected to deal with offenders,considering their social inclusion.
(1) Current situations and problems of the treatment of offenders at all stages of criminal justiceproceedings in participating countries in terms of strengthening community reintegration factors:(a) Measures for strengthening community reintegration factors during investigation, prosecution
and diversion at the pre-adjudication stages, etc.;(b) Measures for strengthening community reintegration factors at the adjudication stage;(c) Measures for strengthening community reintegration factors during the institutional corrections(the examples of concrete topics are as follows):• Employment support guidance;• Academic/educational training;
1

See The Bangkok Declaration, adopted by the United Nations on the occasion of the Eleventh United Nations
Congress on Crime Prevention and Criminal Justice. It declares, "we recognize the role of individuals andgroups outside the public sector, such as civil society, non-governmental organizations and community-basedorganizations, in contributing to the prevention of and the fight against crime and terrorism" (paragraph 9).

29• Specific treatment for developing basic skills other than academic/educational training;• Measures for securing accommodation after release;• Others;(d) Measures for strengthening community reintegration factors during the community-based
treatment or aftercare programmes (examples of concrete topics are as follows):• Employment support guidance;• Specific treatment for developing basic skills;• Measures for securing stable accommodation;• Others;(e) Current situations and problems in co-operating with agencies, organizations and individuals
in both the public and private sectors and community involvement at the above stages ofcriminal justice proceedings:(2) Examining ways of strengthening community reintegration factors effectively at all stages ofcriminal justice proceedings:(a) Ways of strengthening community reintegration factors during investigation, prosecution anddiversion at the pre-adjudication stages, etc.;(b) Ways of strengthening community reintegration factors at the adjudication stage;(c) Ways of strengthening community reintegration factors effectively during institutional corrections (examples of concrete topics are as follows):• Employment support guidance;• Academic/educational training;• Specific treatment for developing basic skills other than academic/educational training;• Measures to secure accommodation after release;• Others;(d) Measures for strengthening community reintegration factors during community-based treatment
or aftercare programmes (examples of concrete topics are as follows):• Employment support guidance;• Specific treatment for developing basic skills;• Measures to secure stable accommodation;• Others;(e) Effective ways of establishing co-operation with agencies, organizations and individuals inboth the public and private sectors and community involvement at the above stages ofcriminal justice proceedings.

30

ADMINISTRATIVE NEWS

Overseas Trips by Staff
Professor Junichi Watanabe and Mr. Kazuyuki Nagata (Staff) visited Perth, Australia from
14 to 21 November 2009 to attend the 29th Asian and Pacific Conference of Correctional
Administrators.
Director Masaki Sasaki, Deputy Director Haruhiko Ukawa, Mr. Naoyuki Harada (Professor),
Ms. Yoshiko Kawashima (Staff) and Mr. Ikuo Kosaka (Staff) went to Manila, the Philippines, toattend the Third Regional Seminar on Good Governance for Southeast Asian Countries, which washeld from 9 to 12 December 2009. The topic of the Seminar was "Measures to Freeze, Confiscate
and Recover Proceeds of Corruption, including Prevention of Money-Laundering". UNAFEI, theDepartment of Justice of the Republic of the Philippines and the UNODC Regional Centre for
East Asia and the Pacific co-hosted the Seminar.
Mr. Naoyuki Harada (Professor) visited Hong Kong, China from 14 to 17 December 2009
to attend the Fourth ICAC Symposium co-hosted by the Independent Commission against
Corruption (ICAC) and the European Anti-Fraud Office (OLAF).
Mr. Jun Oshino (Professor) visited Courmayeur, Italy, from 9 to 14 December 2009 toattend the annual Co-ordination Meeting of the Programme Network Institutes.
Ms. Ayako Sakonji (Professor), Mr. Toru Kawaharada (Professor), and Mr. Kenichiro
Koiwa (Staff) visited Manila and Cavite, the Philippines, from 10 to 16 January 2010 to attend
the "Monitoring, Evaluation and Interaction Workshop" held by the Parole and Probation
Administration of the Philippines.

31

FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Masaki Sasaki
Mr. Haruhiko Ukawa
Mr. Motoo Noguchi
Mr. Naoyuki Harada
Ms. Fumiko Akahane
Mr. Jun Oshino
Mr. Haruhiko Higuchi
Mr. Toru Kawaharada
Mr. Tetsuya Sugano
Ms. Ayako Sakonji
Mr. Junichi Watanabe
Ms. Grace Lord
Secretariat:
Mr. Masahiro Iida
Mr. Masato Fujiwara
Mr. Koji Kobayashi

Director
Deputy Director
Professor
Professor
Professor
Professor, Chief of Training Division, 144th
Seminar Programming Officer
Professor
Professor, Chief of Information and LibraryService Division
Professor, Chief of Research Division
Professor
Professor, 144th Seminar Deputy Programming Officer
Linguistic Adviser

Chief of Secretariat
Co-Deputy Chief of Secretariat
Co-Deputy Chief of Secretariat

General and Financial Affairs Section:
Mr. Masaaki Kojitani
Chief
Mr. Kei Saito
OfficerMr. Yuichi Shirakawa
Officer
Ms. Kayoko Ono
OfficerTraining and Hostel Management Affairs Section:
Mr. Kenichiro Koiwa
Co-Chief
Ms. Yoshiko Kawashima Co-Chief
Mr. Ikuo Kosaka
Officer
Ms. Miki Usuki
Officer, 144th Seminar Assistant Programming Officer
Mr. Ryuichi Nishitani
OfficerInternational Research Affairs Section:
Mr. Hideo Takahashi
Chief
Ms. Naoko Iwakata
Librarian
Secretarial Staff:
Mr. Kazuyuki Nagata
Ms. Hisayo Yamada
Kitchen:Ms. Sae Sakai

Chef

144 th Seminar JICA Co-ordinator:
Ms. Miki Yamamoto

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