ISSN 1020-914X

UNAFEI

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

No. 120
June 2006

Established1961
IN THIS ISSUE
Page

LETTER FROM THE DIRECTOR ................................................................................................................................ 1
THE 133RD INTERNATIONAL TRAINING COURSE................................................................................................ 3
EFFECTIVE PREVENTION AND ENHANCEMENT OF TREATMENT FOR SEXUAL OFFENDERS
Course Rationale ........................................................................................................................................... 3
Course Summary ........................................................................................................................................... 6
Lecture Topics ............................................................................................................................................... 7
Individual Presentation Topics ...................................................................................................................... 9Group Workshop Sessions ............................................................................................................................ 11
Observation Visits ......................................................................................................................................... 14Group Study Tour .......................................................................................................................................... 15
Special Events ............................................................................................................................................... 16
Reference Materials Distributed ................................................................................................................... 18
Experts and Participants List ......................................................................................................................... 23
ELEVENTH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICE OFFICIALS OF THE PEOPLE'S
REPUBLIC OF CHINA ............................................................................................................................................... 26
SECOND SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA ................................................................. 28
THIRD TRAINING COURSE ON STRENGTHENING THE ANTI-CORRUPTIONCAPACITY IN THAILAND ....................................................................................................................................... 30
INFORMATION ABOUT FORTHCOMING PROGRAMMES ................................................................................... 32
First Country Specific Training Course on the Revitalization of the PPA Volunteer
Probation Aides System ................................................................................................................................ 32
The 134th International Training Course ....................................................................................................... 32
ADMINISTRATIVE NEWS ........................................................................................................................................ 37
Faculty Changes ........................................................................................................................................... 37
Overseas Trips by Staff ................................................................................................................................. 37
FACULTY & STAFF OF UNAFEI .............................................................................................................................. 38

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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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 133rd International
Training Course on "Effective Prevention and Enhancement of Treatment for Sexual Offenders",
which took place from 15 May to 22 June 2006.
In this Course, we welcomed nine Japanese and thirteen overseas participants, and two
overseas observers: seven from Asia, two from Africa, two from Central America, one from the
Caribbean, one from Europe, one from the Pacific and one from South America. They included
police officers, correctional officers, probation officers, public prosecutors, judges, a nurse andother high-ranking public officials. We were very pleased to welcome our first participants from
Antigua and Barbuda, Uruguay and Yemen.
As this newsletter demonstrates, the Course was extremely productive. It consisted of individual presentations, group workshop and plenary sessions, visits to relevant criminal justice agencies, and presentations by visiting experts, faculty members and ad hoc lecturers.
Sexual offences, probably more so than other offences, provoke outrage in society and calls
for harsh punishments. In response to such feelings of outrage, most countries impose severe penal
sanctions on perpetrators of such crimes. However, due to the nature of sexual offenders, punishment is often not sufficient, for without proper treatment and preventive measures these offenders
are likely to re-offend.
Various international bodies and organizations have taken measures to combat sexual
offences, including the United Nations General Assembly’s 1993 "Declaration on the Eliminationof Violence against Women" and the 1995 "Beijing Declaration and Platform for Action". One of
the strategic objectives of the Platform of Action was to take integrated measures to prevent andeliminate violence against women.
Some countries now recognize the need to follow an integrated approach to dealing withsexual offenders and offer treatment programmes for those serving custodial sentences and/or
programmes for those living in the community. In addition to treatment, a few countries, such as
the United Kingdom, believe that in order to protect their citizens, they must continue to impose
various measures and restrictions on those that have committed sexual offences long after they
have served their sentences.
There are still many countries however, that for various reasons, offer no treatment
programmes for sexual offenders and others that have no measures to help prevent offenders reoffending when they are released back into the community. It was hoped that this Course would
lead to more countries following an integrated approach.
During the Course the participants diligently and comprehensively examined the situation of
Effective Prevention and Enhancement of Treatment for Sexual Offenders, primarily through a
comparative analysis of the current situation. The participants’ shared their own experiences, andknowledge 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 to put forth effective and practical solutions that could be applied in their2respective countries.
I would like to offer my sincere congratulations to all the participants upon their successful
completion of the Course, made possible by their strenuous efforts. My heartfelt gratitude goes tothe visiting experts and ad hoc lecturers who contributed a great deal to the Course’s success.
Furthermore, I appreciate the indispensable assistance and cooperation 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 Course. 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 Course.
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 nation’s criminal justice systems, and to the benefit of the international society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 133rd
International Training Course. I hope that the experience they gained during the Course 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.

June 2006

Masahiro Tauchi
Director, UNAFEI

3

THE 133RD INTERNATIONAL TRAINING COURSE"EFFECTIVE PREVENTION AND ENHANCEMENT OF TREATMENT FORSEXUAL OFFENDERS"

Course Rationale

There are various types of sexual offences in the world. Each jurisdiction has its own definitions and forms of punishment for sexual offences/offenders. Various measures at each stage ofthe criminal justice system have been taken by each country/ jurisdiction characterized by differences in relevant determinants such as laws related to sexual offences, types of dominant offencesin each country, etc. As to sexual offender treatment for rehabilitation and reintegration into society, new types of practices have been introduced in some European and North American countries
over the last two decades. Empirical evaluation studies of these practices have also been carriedout.
With regard to sexual offender treatment in correctional institutions, various new treatment
programs based on cutting-edge behavioural/medical knowledge have been developed and utilized
in addition to the basic programmes for rehabilitation such as vocational training, counselling, etc.
For instance, programmes for sexual offenders include behavioural therapy using conditioning techniques, medical treatment such as surgical or chemical castration, cognitive-behavioural skills training and relapse prevention programmes, etc. In institutional settings, some countries establish
special institutions or units for sexual offenders, and/or provide intensive treatment programmes inorder to enhance their treatment effects.
As to treatment for sexual offenders who are convicted but not committed to prison, or
have received a community-supervision order, many types of programmes have been introduced,
such as group programmes based on the cognitive-behavioural approach, long term probationary
supervision, etc. Various Preventive measures have also been developed and implemented such as
an electric monitoring system for probationers, a sexual offenders register system, DNA data banks
containing the DNA profile of convicted sexual offenders which is utilized for investigation, peacebonds, criminal court orders to set out specific conditions to protect the safety of victims, etc.
In order to achieve and maintain its effectiveness and efficiency, the programme should
focus on the particular offender’s own problems. As mentioned above, the definitions of sexual
offences are not always the same among countries/jurisdictions. Moreover, each offender has his/her own unique problems. Therefore, an accurate and reliable risks and needs assessment for offenders should be done in order to ensure the appropriate delivery of treatment and rehabilitative
services. Practices and experiences of these detailed assessments have also been accumulated andevaluated for further improvement of current programmes.
There are some important issues to cover in order to improve prevention and treatment
programmes for sexual offenders. For instance, it is necessary to explore possible strategies at eachstage of the criminal justice system, from preventive activity, investigation, prosecution to rehabilitation of offenders. Appropriate punishment, a sentencing based upon the offender’s risk of reoffending and diversification of disposition should be re-examined. More specifically, stalking
orders or other punishment for stalking committed with a sexual motivation, sexual misconduct4with or exploitation of children, etc. should be discussed. Moreover, if a new programme or measure puts emphasis only on prevention of re-offending, it might hinder offenders reintegrating into
society or violate their basic human rights. Furthermore, it is also important to consider victimsof sexual offences in the criminal justice process.
The United Nations, and various international bodies and organizations, have taken various
measures to combat problems related to sexual offences. For instance, in 1993, the General
Assembly of the United Nations adopted the "Declaration on the Elimination of Violence against
Women". Following this Declaration, in 1995, the Forth World Conference on Women, held in
Beijing, adopted the "Beijing Declaration and Platform for Action". In this conference, "Violenceagainst Woman" was identified as one of the "most important problematic areas" in the "Platformof Action". "To take integrated measures to prevent and eliminate violence against women" wasone of the two strategic objectives concerning the issue of violence against woman provided in the"Platform of Action" in which specific actions to be taken by member countries/jurisdictions areillustrated.
Various resolutions, declarations, guidelines, and codes of conduct concerning crime prevention and treatment of offenders adopted by the United Nations should also be taken into consideration. With regard to institutional treatment, the international society and the United Nations haveset out certain basic requirements in the United Nations standards and norms such as the "United
Nations Standard Minimum Rules for the Treatment of Prisoners", adopted at the First Congresson the Prevention of Crime and the Treatment of Offenders in 1955, and other resolutions, declarations, guidelines and codes of conduct. Each Member State/jurisdiction has made efforts to implement these standards and norms by making the necessary changes to their relevant domestic
laws and practices. Similarly, the General Assembly of the United Nations adopted the "United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)"in 1985 for juvenile offenders, and the "United Nations Standard Minimum Rules for Noncustodial Measures (The Tokyo Rules)" in 1990 for community-based treatment. These rules arealso important for Member States to re-examine their current preventive measures and treatment
programmes for sexual offenders.
Objectives
On the basis of the explanations indicated above, the purpose of this International Training
Course is to offer participants the opportunity to share information on the current situation of sexual offences, punishment, prevention and treatment for sexual offenders; and challenges faced byeach country. At the same time, this Course offers opportunities to explore more effective measures and strategies for preventing sexual offences and providing treatment programmes for sexual
offenders to promote their reintegration into society.
In summary, among the major topics to be discussed are the following items:(1) To examine and analyze the current situation of sexual offences; the legal framework of prevention, punishment, and treatment for sexual offenders; and practices and programmes forprevention and treatment.
(a) current situation of sexual offences and other related offences(b) the legal framework of punishment and treatment(c) preventive measures and treatment programmes(2) To identify current problems and challenges faced by each country/jurisdiction and their practices concerning prevention of sexual offences, punishment and treatment for sexual offenders.
(a) investigation, prosecution, and sentencing procedures (including legislation and punishment)

5

(b)
(c)
(d)
(e)

institutional treatment programmes
community-based treatment programmes and supervision
preventive measuresinter-agency cooperation(3) To explore effective measures and strategies to improve prevention and treatment programmes
for sexual offenders at each stage of the criminal justice system.
(a) best practices and empirical studies(b) effective preventive measures/treatment models at each stage of the criminal justice system(c) inter-agency cooperation to establish an integrated sexual offender treatment model(d) preventive measures/treatment models applicable to each country(e) possible international cooperation.

6

Course Summary

Lectures
In total, seven lectures were presented by visiting experts, six by ad hoc lecturers and fiveby the professors of UNAFEI. Four distinguished criminal justice practitioners and scholars fromabroad served as UNAFEI visiting experts. They lectured on issues relating to the main theme,
and contributed significantly to the Course 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 delivered ad
hoc lectures. The lecturers and lecture topics are listed on pages 7 and 8.
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/her country. These papers were compiled onto a Compact Disc and distributed to all the participants. The
titles of these individual presentation papers are listed on pages 9 and 10.
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 to exploreand 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 the group
workshop sessions, reports were drafted based on the discussions in their groups. These reports
were subsequently presented in the plenary meetings and report-back session, where they were endorsed as the reports of the Course. Brief summaries of the group workshop reports are provided
on pages 11 to 13.
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 Course’s academic agenda, many activities were arranged to provide a greater understanding of Japanese society 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 14 to17.

7

Lecture Topics

Visiting Experts’ Lectures
1)

Mr. David Middleton (United Kingdom)• The Assessment and Treatment of Sexual Offenders in England and Wales/
The Arrangements for Sentencing in England and Wales• The Requirements for Notification by Sexual Offenders in England and Wales

2)

Dr. William L. Marshall (Canada)• Treatment of Sexual Offenders and its Effects: Sexual Offender Treatment• Treatment of Sexual Offenders and its Effects: Treatment Outcome

3)

Dr. J. Ruediger Mueller-Isberner (Germany)• Services for Mentally Disordered Offenders: Why a Comprehensive Approach is Needed• Differentiated Approaches to Subtypes of Mentally Disordered Offenders

4)

Dr. Barindra Nath Chattoraj (India)• Sex Related Offences and their Prevention and Control Measures: An Indian Perspective

UNAFEI Professors Lectures
1)

Ms. Megumi Uryu, Professor, UNAFEI• Investigation and Prosecution - Criminal Justice System in Japan2)

Mr. Haruhiko Higuchi, Professor, UNAFEI• Police of Japan3)

Mr. Iichiro Sakata, Professor, UNAFEI• The Criminal Justice System in Japan: The Courts

4)

Mr. Hiroyuki Shinkai, Professor, UNAFEI• Institutional Treatment of Offenders in Japan5)

Ms. Tae Sugiyama, Professor, UNAFEI• Community-Based Treatment of Offenders in Japan

Ad Hoc Lectures
1)

Mr. Kenichi Sawada
Director of the Prison Service Division, Correction Bureau, MOJ• Outline of the Sex Offender Treatment Programme at Penal Institutions

82)

Mr. Takashi Kubo
Planner and Coordinator of Treatment of Offenders for the Supervision Division,
Rehabilitation Bureau, MOJ• Sex Offender Treatment Programme in the Community

3)

Prof. Tetsuya Fujimoto
Faculty of Law, Chuou University• Re-offending Prevention Programmes for Dangerous Sex Offenders

4)

Prof. Hisao Katoh
Professor of Criminology and Medico-Criminal Law, Faculty of Law, Keio University• How Treatment of Sexual Offenders with Mental or Personality Disorders should be inJapan and Germany - from a Criminologist Viewpoint

5)

Dr. P. Bruce Malcolm
Correctional Service of Canada• Overview of Sex Offender Assessment

6)

Mr. Ko Shikata
Senior Police Superintendent, Police Policy Research Centre, National Police Agency• Countermeasures against Sex Offences by the Japanese Police

9

Individual Presentation Topics

Overseas Participants
1)

Mr. Andi Likaj (Albania)• Country Report2)

Ms. Junie Agatha Ruddy (Antigua and Barbuda)• Country Report

3)

Mr. Marlon Evandale Allen (Belize)• Country Report

4)

Mr. Auta Moceisuva (Fiji)• Country Report

5)

Mr. Fofana Naby Laye (Guinea)• Country Report

6)

Mr. Miguel Angel Villanueva Andino (Honduras)• Country Report

7)

Mr. Yanuar Utomo (Indonesia)• The Treatment of Sexual Offenders from a Public Prosecutor’s Perspective

8)

Mr. Gan Tack Guan (Malaysia)• Country Report

9)Mr. Khin Maung Maung (Myanmar)• Country Report10) Mr. Vuttinone Promnil (Thailand)• Country Report11) Ms. Silvia Anabel Blanchet Zamit (Uruguay)• Country Report12) Mr. Ajaj Mohammed Ali (Yemen)• Country Report13) Ms. Isabella Nyarai Sergio (Zimbabwe)• Country Report14) Mr. Lam Kwok Leung (Hong Kong)• Country Report15) Mr. Dong Keun Lee (Korea)• Country Report10Japanese Participants16) Ms. Naoko Fujiwara• Treatment of Sex Offenders in Juvenile Training Schools in Japan17) Mr. Motoki Horiuchi• Sex Offender Treatment, Taking the Victim into Consideration18) Mr. Eiji Ibuki• The Treatment of Sexual Offenders from a Public Prosecutors Perspective19) Ms. Hiromi Kawaguchi• The Programme for Female Sexual Offenders in Japan
20) Mr. Kazuya Nagao• The New Probationary Treatment for Sexual Offenders21) Mr. Kenichi Nakamura• The Treatment of Offenders by the Public Prosecutors in Japan in the Investigation,
Prosecution and Trial
22) Mr. Hiromi Nishikawa• Assessment of Juvenile Sex Offenders in the Family Court23) Mr. Tetsuya Uchida• Current Situation and Issues of Punishment for Sexual Offenders in Japan - From
Judge’s Viewpoint24) Mr. Kenji Yoshimura• The Treatment of Sexual Offenders from a Probation Officer’s Perspectivea11Group Workshop Sessions
Group 1
Investigation, Prosecution, Sentencing Procedures and Preventive Measures
Chairpersons
Co-chairpersons
Rapporteur
Co-Rapporteurs
Members
Visiting Expert
Advisers

Mr. Gan Tack Guan
Mr. Andi Likaj
Mr. Kenichi Nakamura
Mr. Tetsuya Uchida
Mr. Eiji Ibuki
Mr. Miguel Angel Villanueva Andino
Mr. Khin Maung Maung
Mr. Ajaj Mohammed Ali
Dr. Barinbra Nath Chattoraj
Prof. Megumi Uryu
Prof. Haruhiko Higuchi
Prof. Kayo Ishihara
Prof. Iichiro Sakata(Malaysia)(Albania)(Japan)(Japan)(Japan)(Honduras)(Myanmar)(Yemen)(India)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup One discussed the topic of "Investigation, Prosecution, Sentencing Procedures andPreventive Measures" by looking at the current situation, problems and solutions in each country
concerning the: 1) definitions and characteristics of sexual offences and other related offences; 2)
the legal framework of punishment and treatment; 3) preventive measures for sexual offences; and
4) inter-agency and international cooperation.
After discussing the above topics in detail, the Group made the following recommendations:1) In order to encourage the reporting of sexual crimes a victim friendly atmosphere should becreated at police stations with staff especially trained to deal with such cases. 2) The capacity offorensic laboratories should be improved so they are able to produce quick and accurate results.
3) Existing laws should be amended to enable the criminal justice system to intervene in crimes,
such as stalking, that could lead to serious sexual offences. 4) Nationwide criminal record systems
should be improved and a DNA database of convicted criminals considered. 5) A proper monitoring system, such as in England and Wales, should be established so probation officers and the police can monitor offenders after their release. 6) Potential victims of sexual crimes, such as womenand children, should be provided with knowledge about crime prevention and self-defence. 7) The
police and the community should collaborate by, for example, sharing information, making safety
maps and promoting environmental design to reduce crime. 8) The police, prosecutors, correctional
officers and probation officers should cooperate by sharing information on sexual offenders, having
regard for privacy issues. 9) International cooperation should be enhanced by establishing a regional network to share information on sexual offenders.

12Group 2Preventive Measures and Community-based Treatment Programmes
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Visiting Expert
Advisers

Mr. Lam Kwok Leung
Mr. Motoki Horiuchi
Ms. Junie Agatha Ruddy
Mr. Marlon Evandale Allen
Ms. Silvia Anabel Blanchet Zamit
Mr. Fofana Naby Laye
Mr. Kazuya Nagao
Mr. Kenji Yoshimura
Mr. David Middleton
Prof. Tae Sugiyama
Deputy Director Keisuke Senta
Prof. Koji YamadaProf. Satoko Ikeda(Hong Kong)(Japan)(Antigua & Barbuda)(Belize)(Uruguay)(Guinea)(Japan)(Japan)(United Kingdom)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup Two agreed that with the increased prevalence in sexual crimes in its respective
countries, it has become important for society to look at positive ways to re-integrate sexual offenders back into their families and the community.
The Group studied preventive measures and community based treatment programmes, including supervision and inter-agency co-operation.
They started by looking at the current situation in their respective countries and the challenges faced. They then looked at effective measures and strategies to improve prevention andtreatment programmes for sexual offenders at each stage of the criminal justice system. Group
Two also looked at the possibility of international cooperation.
The Group went on to make the following recommendations: 1) Identify suitable probation
officers in each area as sex offender treatment personnel - in order that they can use their expertise to conduct group therapy sessions, etc. incorporating the viewpoint of the victim. 2) Involvethe community through focus groups to raise public awareness. 3) Change social attitudes towards
the control of pornography. 4) Incorporate victim protection measures into the criminal justice system. 5) Motivate probationers to participate in community-based treatment. 6) Provide probation
officers with training from experts of various disciplines. 7) Families and friends should be more
involved in treatment. 8) A system similar to MAPPA (Multi-Agency Public Protection
Arrangements) should be adopted. 8) Community leaders/professionals should form a focus groupto attract common concern for sex offences. 9) The "Good Lives Model" should be incorporated
in the treatment regime. 10) Achievements should be measured by data analysis and surveys. 11)
Governments should provide subsidies to employees to employ offenders, thereby providing amechanism within the community to support offenders.

13Group 3
Institutional Treatment of Sexual Offenders
Chairperson
Co-Chairpersons
Rapporteur
Co-Rapporteurs
Members
Visiting Experts

Advisers

Mr. Auta Moceisuva
Mr. Dong keun Lee
Mr. Hiromi Nishikawa
Ms. Isabella Nyarai Sergio
Ms. Naoko Fujiwara
Ms. Hiromi Kawaguchi
Mr. Yanuar Utomo
Mr. Vuttinone Promnil
Dr. William L. Marshall
Dr. Bruce Malcolm
Dr. J. Ruediger Mueller-IsbernerProf. Masato UchidaProf. Hiroyuki Shinkai
Prof. Tomoyuki Noge

(Fiji)(Korea)(Japan)(Zimbabwe)(Japan)(Japan)(Indonesia)(Thailand)(Canada)(Canada)(Germany)(UNAFEI)(UNAFEI)(UNAFEI)

Report Summary
There was a consensus amongst the group that it is important to consider institutional andcommunity treatment of sexual offenders to reduce recidivism.
The Group went on to look at the current situation of treatment in the respective countries.
They then considered the purpose of treatment and referred to Art. 65 and Art. 62 of the United
Nations Standard Minimum Rules for the Treatment of Prisoners and Art. 10.1 of the U.N.
Standard Minimum Rules for Non-Custodial Measures.
Taking into consideration the above Articles all members agreed that there are three purposes of sex offenders’ treatment: protection of society by preventing recidivism, rehabilitation ofsex offenders, and the need to address victims’ sentiments. After discussing these three purposes,
they then looked at assessment and effective treatment programmes, both institutional and community
based. The group then studied the problems of implementing treatment and various countermeasures.
The Group concluded by stating that individual countries have diverse problems in termsof the prevention and treatment of offenders and that while some countries have advanced in thedevelopment of modern treatment models others are trying to introduce treatment programmes relative to their social and economic conditions.
The Group made the following recommendations: 1) Countries that have no treatment
programmes in place should start raising awareness in their countries. 2) There is need to review
or introduce legislation that addresses the necessity of offender treatment in participating countries.
3) The introduction of scientific tools of assessment for treatment of sex offenders should be considered. 4) The introduction of effective treatment programmes for sex offenders, such as cognitive
behavioural therapy, should be considered. However, its limitations should be recognized and alternatives for those unable to benefit from such therepy considered. 5) A central information bureau
for collection and distribution of sex offender information for stakeholders should be established.
6) Appropriate training programmes should be developed and used to train all stakeholders in the treatment programmes, to develop, implement and monitor the assessment and rehabilitation of sex offenders.

14

Observation Visits

Date

Agency/Institution

May 22

Kawagoe Juvenile Prison• Mr. Manabu Nakajima(Director of General Affairs Section)

May 24

Tokyo Probation Office• Ms. Haruko Otani(Probation Officer)

Tokyo District Public Prosecutors
Office• Mr. Masafumi Sakurai(Chief Prosecutor)

Ministry of Justice• Mr. Seiken Sugiura(Minister of Justice)

June 12

Tama Juvenile Training School forBoys• Ms. Midori Syoji(Special Assistant to theSuperintendant)

June 14

Tokyo District• Mr. Seishi Kanetsuki(Chief Judge)

Court

Main Persons Concerned

Supreme Court• Mr. Tatsuo Kainaka(Justice)

June 16

Saitama Prefectural Police
Headquarters• Mr. Takahiro Hata
(Police Inspector)

June 21

Fuchu Prison• Mr. Kenji Sawada(Senior Researcher)15Group Study Tour

Date

Location

Agency/Institution

Main Persons Concerned

June 4 Kyoto• Kyoto District Prosecutors
Office• Mr. Sanpei Tsuda(Chief Prosecutor)

June 5 Kyoto• Kyoto Juvenile Classification • Mr. Kiyokazu Hanaoka
Home(Director)

June 6 Hiroshima• Hiroshima Probation Office• Mr. Kenkichi Shirahama(Director)

16

Special Events

May 15

Welcome Party

May 17, 19, 23

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The Sensei (teacher) was Ms. Kumiko Yanagesawa.

May 20 Bus Tour to Nasu Highlands and Party Hosted by the ACPF, Kisei-kai Branch
The participants visited the Stained Glass Gallery and Nasu Animal Kingdom AnimalShow and later enjoyed a party hosted by the ACPF, Kisei-kai Branch.

May 24Courtesy 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. Toshaki Hiwatari at the Lawyers Club, Tokyo.

May 26

UNAFEI Olympics

The UNAFEI Olympic Games were held on the grounds of the Training Institute for
Correctional Personnel. The participants competed in such events as racket relay, tug of war
and the true or false quiz. Afterwards, there was a friendship party at UNAFEI.

May 30

ACPF Fuchu Party

The ACPF Fuchu branch hosted an enjoyable party for the participants and their hostfamilies at UNAFEI.

June 3

The Way of Tea and Planetarium Show at Kyodo no Mori Museum

The participants enjoyed lunch at Tanaka house in Kyodo-no-Mori park. This was followed by "Chan-no-yu" or "Sado", a formal Japanese tea ceremony. Later the participants enjoyed a Planetarium show at Kyodo no Mori Museum. These events were kindly hosted by
Soroptimist International Tokyo, Fuchu.

17June 10 and 17

Home Visits

ACPF Fuchu Branch organized dinners for the participants in the homes of members
from the Fuchu International Exchange Salon and Tokyo Fuchu Rotary Club. The hosts were
Mr. Tatso Kochi, Ms. Reiko Morioka, Ms. Chitose Sashida, Mr. Yasuhiro Momota, Ms.
Yukiko Yamasaki and Mr. Rinshi Sekiguchi.

June 14

ACPF Yokohama Cruise

The participants enjoyed a sunset cruise and dinner aboard the Marine Rouge hosted
by ACPF Yokohama branch.

June 21

Suntory Brewery Visit

The participants visited the Suntory brewery where they were given a guided tour.
Afterwards the Fuchu Rotary Club hosted a very enjoyable party.

June 22

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

18

Reference Materials Distributed

A.

United Nations Standards and Norms

1. Universal Declaration of Human Rights.
2. Standard Minimum Rules for the Treatment of Prisoners (1st UN Congress).
3. Procedures for the effective implementation of the Standard Minimum Rules of the Treatmentof Prisoners (1984/47).
4. Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (A/RES/43/173).
5. Basic Principles for the Treatment of Prisoners (A/RES/45/111).
6. United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules)(A/RES/45/110).
7. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (A/RES/3452XXX).
8. Code of Conduct for Law Enforcement Officials (A/RES/34/169).
9. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
10. Basic Principles on the Independence of the Judiciary (A/RES/40/32 and 40/146).
11. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(A/RES/40/34).
12. Basic Principles of the Role of Lawyers (8th UN Congress).
13. Guidelines on the Role of Prosecutors (8th UN Congress).
14. Vienna Declaration on Crime and Justice (10th UN Congress).
15. Beijing Declaration and Platform for Action.

B.

United Nations Conventions

1. International Covenant on Civil and Political Rights (A/RES/2200A XXI).
2. Optional Protocol to the International Covenant on Civil and Political Rights (A/RES/2200A
XXI).
3. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty (A/RES/44/128).
4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(A/RES/39/46).
5. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (A/RES/57/199).
6. Discrimination against convicted persons who have served their sentence.

C.

Treating Sexual Offenders

1. Chapter 1-Description of Disorder. (William L. Marshall, Liam E. Marshall, Geris A. Serran,
Yolande M. Fernandez).
2. Chapter 2-Overall Description of Treatment Strategy. (William L. Marshall, Liam E. Marshall,
Geris A. Serran, Yolande M. Fernandez).

19

D.

The Juvenile Sex Offender

1. An Introduction to the Juvenile sex Offender: Terms, Concepts, and Definitions.
2. The Effects of Child Sexual Abuse and Family Environment (Howard E. Barbaree, and Calvin
M. Langton).
3. Social and psychological Factors in the Development of Delinquency and Sexual Deviance(Stephen W. Smallbone).
4. Assessment and Treatment of Criminogenic Needs (Gary O’Reilly and Alan Carr).
5. Risk of Sexual Recidivism in Adolescents Who Offend Sexually: Correlates and Assissment(James R. Worling and Niklas Langstrom).
6. Legal Consequences of Juvenile Sex Offending in the United States (Elizabeth J. Letournean).
7. A Reevaluation of Relapse Prevention with Adolescents Who Sexually Offend: A Good-Lives
Model. (Jo Thakker, Tony Ward and Patrick Tidmarsh).
8. Pharmacological Treatment of the Juvenile Sex Offender (John M. W. Bradford and Paul
Fedoroff).

E.

The Psychology of Criminal Conduct (D. J. Andrews, James Bonta)

1. Chapter 1- An Overview of the Psychology of Criminal Conduct.
2. Chapter 2- Defining Criminal Behavior and Exploring Variability in Criminal Conduct.

F. Compendium 2000 on Effective Correctional Programming (Correctional Service ofCanada http://www.csc-scc.gc.ca)
1. Principles of Effective Correctional Programs (Donald A. Andrews).
2. Offender Assessment: General Issues and Considerations (James Bonta).
3. Treatment Responsivity: Reducing Recidivism by Enhancing Treatment Effectiveness (Sharon
M. Kennedy).
4. Obstacles to Effective Correctional Program Delivery (Paul Gendreau, Claire Goggin, and Paula
Smith).
5. Implementation of Effective Correctional Programs (Alan W. Leschied).
6. The Assessment and Treatment of Sexual Offenders (William L. Marshall and Sharon
Williams).

G. Research Brief (Correctional Service of Canada http://www.csc-scc.gc.ca)
1. Homicide, Sex, Robbery and Drug Offenders in Federal Corrections: An end of 2004 Review.
2. Homicide, Sex, Robbery and Drug Offenders in Federal Corrections: An end of 2003 Review.

H. FORUM on Corrections Research (Correctional Service of Canada http://www.cscscc.gc.ca)

I.

Vol. 8 No. 2 Managing Sex Offenders

1. Profiling the Canadian federal sex offender population (Larry Motiuk, Ray Belcourt).
2. A profile of Aboriginal sex offenders in Canadian federal custody (Teressa A. Nahanee).

20

3. Sex offender risk predictors: A summary of research results (R. Karl Hanson and Monique T.
Bussiere).
4. Improving prediction of sex offender recidivism: A proposed study (Jean Proulx, Luc Granger,
Marc Ouimet, Andre McKibben, Christine Perreault and Michel St-Yves).
5. Mental health and psychosexual disorders among federal sex offenders (Manasse Bambonye).
6. Millhaven’s specialized sex offender intake assessment: A preliminary evaluation (P. Bruce
Malcolm).
7. Sex offender recidivism prediction (Nathalie Belanger, Christopher Earls).
8. Characteristics of sexual assaults on female prison staff (Karl D. Furr).
9. An innovative treatment approach for incestuous fathers (Line Bernier, Marielle Mailloux,Gilles David and Helene Cote).
10. Sex offender treatment priority: An illustration of the risk/need principle (Terry P.
Nicholaichuk).
11. A national strategy for managing sex offenders (Sharon M. Williams).
12. Applying the risk principle to sex offender treatment (Arthur Gordon and Terry Nicholaichuk).
13. Female sex offenders: A literature review (Jill L. Atkinson).
14. Managing sex offenders: Some thoughts and suggestions (R. J. Konopasky).

II.

Vol. 1 No. 1 Managing Sex Offenders: What Do We Know?

15. Research on Sex Offenders: What do we know? (David Robinson).

III. Vol. 13 No. 2 Reintegration Levers
16. Group versus individual treatment of sex offenders: A comparison (Roberto Di Fazio, Jeffrey
Abracen and Jan Looman).

IV. Vol. 10 No. 3 Dynamic Factors
17. Offender needs - Providing the focus for our correctional interventions (Gilbert Taylor).
18. The Case Needs Review Project: Background and research strategy (Shelley L. Brown).
19. Using dynamic factors to better predict post-release outcome (Larry Motiuk).
20. Dynamic factors and recidivism: What have we learned from the Case Needs Review Project?
(Shelley L. Brown).

V.

Vol. 12 No. 2 "What Works" in Corrections

21. Defining correctional programs (James McGuire).
22. Offender assessment Offender Assessment: General issues and considerations (James Bonta).
23. Treatment responsivity: Reducing recidivism by enhancing treatment effectiveness (Sharon M.
Kennedy).
24. Treatment resistance in corrections (Denise L. Preston).
25. Assessment and treatment of sexual offenders (W. L. Marshall & Sharon Williams).

21

VI. Research Reports No. R-48 1996
26. Sex Offender Assessment, Treatment and Recidivism: A Literature Review.

I. The Centre for Sex Offender Management (The Office of Justice Programs (OJP), U.S.
Department of Justice http://www.csom.org)
1.
2.
3.
4.
5.
6.

Sex Offender Registration: Policy Overview and Comprehensive Practices.
Glossary of Terms Used in the Management and Treatment of Sexual Offenders.
Myths and Facts About Sex Offenders.
An Overview of Sex Offender Management.
The Collaborative Approach to Sex Offender Management October 2000.
Public Opinion and the Criminal Justice System: Building Support for Sex Offender
Management Programs.
7. Managing Sex Offenders in the Community: A Handbook to Guide Policymakers andPractitioners through a Planning and Implementation Process.
8. Identifying Resources for Managing Sex Offenders.
9. Recidivism of Sex Offenders.
10. Key Considerations for Reunifying Adult Sex Offenders and their Families.

J.

The Institute for Psychological Therapies (http://www.ipt-forensics.com/)

1. The Vilification of Sex Offenders: Do Laws Targeting Sex Offenders Increase Recidivism andSexual Violence? (Wakefield, H.).
2. Sex Offender Treatment Requiring Admission of Guilt (Underwager R. & Wakefield, H.).
3. Sex Offender Treatment (Hollida Wakefield & Ralph Underwager).
4. Wrongful Convictions and Accountability (William F. McIver II, Ph.D).

K. Attachment and Sexual Offending (Phil Rich)
1. The Foundation of Attachment: Attunement and Human Connection.
2. Implications for Treatment.
3. Conclusions: Getting Connected.

L.

Juvenile Sex Offenders (Phil Rich)

1.
2.
3.
4.
5.
6.
7.
8.

Working with Juvenile Sexual offenders: Framing the Ideas and the Tasks.
Sexually Abusive Behaviours, Victims, and Perpetrators.
The Juvenile Sexual Offender: Commonalities and Characteristic.
Forensic Mental Health Treatment.
Overview of Treatment.
Rehabilitation: Treatment in Practice.
Principals and Practices: Psychodynamic, Cognitive, and Behavioural Treatment.
Common Factors and Evidence-Based Treatment.

22

M. Other Sources
I. A Report for the Home Office by the STEP Team - Anthony Beech, Dawn Fisher and Richard
Beckett
1. Step: 3 An Evaluation of The Prison Sex Offender Treatment Programme.
II.

Findings (Home Office)2. The Prison-based Sex Offender Treatment Programme - an Evaluation.
III. Juristat 2002, vol. 23 no. 6 Released July 25, 2003
3. Sexual Offences in Canada.

23

Experts and Participants List

Visiting Experts
Mr. David Middleton (United Kingdom)

Head of Sex Offender Strategy andProgrammes, Public Protection &Licensed Release Unit, National
Offender Management Service &National Probation Directorate,
Home OfficeDr. William L. Marshall (Canada)

Research Coordinator
Rockwood Psychological Services,
Kingston,
Ontario

Dr. J. Ruediger Mueller-Isberner(Germany)

Director
Haina Forensic Psychiatric Hospital

Dr. Barindra Nath Chattoraj (India)

L.N.J.N. Chair Professor of Criminology
L.N.J.N. National Institute of Criminology andForensic Science,
Ministry of Home Affairs

Overseas Participants
Mr. Andi Likaj

Specialist of Crime and Drugs
Tirana Police Directory
Albania

Ms. Junie Agatha Ruddy

Head of Probation Department
Citizen Welfare Division
Ministry of Social Transformation
Antigua and Barbuda

Mr. Marlon Evandale Allen

Inspector
Government of Belize Police
Department
BelizeMr. Auta Moceisuva

Superintendent of Prisons
Administration/HQ, Fiji Prisons
Service,Fiji

Mr. Fofana Naby Laye

Commissaire Central
Commissaire Central de Ratoma
Guinea24

Mr. Miguel Angel Villanueva Andino

Subofficial Criminal Investigator
General Direction of Criminal
Investigation,
Honduras

Mr. Yanuar Utomo

Head of Sub Section
Division of Foreign Affairs ofLegal Bureau,
The Attorney General’s Office,Indonesia

Mr. Gan Tack Guan

Deputy Superintendent Police
The Head of Serious Crime,
Kuala Lumpur Police,
Malaysia

Mr. Khin Maung Maung

Deputy Director
Prosecution Department,
Office of the Attorney General,
MyanmarMr. Vuttinone Promnil

Professional Nurse
Medical Correctional Institution,
Thailand

Ms. Silvia Anabel Blanchet Zamit

Chief of Sectional 7
Montevideo Police,
Uruguay

Mr. Ajaj Mohammed Ali

Head of Information Section
Administration of Anti-terrorism andOrganized Crime,
Yemen

Ms. Isabella Nyarai Sergio

National Coordinator (Victim Friendly
Unit)
Zimbabwe Republic Police,
Zimbabwe

Mr. Lam Kwok Leung

Head
Sha Tsui Detention Centre,
Hong Kong

Mr. Dong Keun Lee

Inspector (Manager)
Seoul Detention Centre,
Korea

25

Japanese Participants
Ms. Naoko Fujiwara

Chief Specialist
Kifunehara Juvenile Training School forGirls

Mr. Motoki Horiuchi

Assistant Judge
Tokyo District Court

Mr. Eiji Ibuki

Public Prosecutor
Osaka District Public Prosecutors Office

Ms. Hiromi Kawaguchi

Chief Specialist
Chikushi Juvenile Training School forGirls

Mr. Kazuya Nagao

Probation Officer
Nagoya Probation Office

Mr. Kenichi Nakamura

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. Hiromi Nishikawa

Family Court Probation Officer
Tokyo Family Court

Mr. Tetsuya Uchida

Assistant Judge
Tokyo District Court

Mr. Kenji Yoshimura

Probation Officer
Kumamoto Probation Office

26

ELEVENTH SPECIAL SEMINAR FOR SENIOR CRIMINALJUSTICE OFFICIALS OF THE PEOPLE’S REPUBLIC OF CHINA

The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China was held from 20 February - 9 March 2006. The Theme of the Seminar was "Towards
a Criminal Justice System that can meet the Challenges of Globalization and Respect the Citizen’s
Point of View".
Twelve senior criminal justice officials and the UNAFEI faculty comparatively discussed
contemporary problems faced by China and Japan in relation to the above theme.

Mr. Wu Qiuzhen

Deputy Director General
Ministry of Justice

Ms. Wang Bei

Division Chief
Financial Department of Ministry ofJustice

Mr. Bu Fancheng

Section Chief
Criminal Legislation Department,
Legislative Affairs Commission,Standing Committee of NPC China

Ms. Wang Ning

Deputy Director
Criminal Legislation Department,
Legislative Affairs Commission,Standing Committee of NPC China

Mr. Cheng Yongsheng

Judge
Supreme People’s Court of P.R. China

Mr. Zhou Gang

Judge
Supreme People’s Court of P.R. China

Mr. Dai Xianyi

Deputy Director
Prosecutions Department of People’s
Procuratorate of Zhejiang Province

Mr. Wang Dong

Deputy Division Chief
Tianjin Municipal People’s Procuratorate

Ms. Zou Yang

Deputy Director-General
Department of Justice of Guizhou
Province

Ms. Liu Ya

Professor
Institute of Crime Prevention of the
Ministry of Justice27

Mr. He Hairen

Assistant Professor
China Social Science Academy

Mr. Li Hongwei

Section Chief
Department of Judicial Assistance andForeign Affairs of the Ministry of Justice28

SECOND SEMINAR ON CRIMINAL JUSTICEFOR CENTRAL ASIAThe Second Seminar on Criminal Justice for Central Asia was held from 27 February to
16 March 2006 at UNAFEI. The seminar was entitled "A Criminal Justice System that Meets the
Needs of the New Epoch". Fourteen participants from Central Asian countries participated.

Mr. Serik Abdykarimov

Deputy Head, Department of Astana City
Committee of Criminal Execution
System,Ministry of Justice,
Kazakhstan

Mr. Kurgan Kamzabayev

Head
Department of Legality Control ofJudgement,
General Prosecutors’ Office,Kazakhstan

Mr. Askar Sekishev

Judge
Criminal Council,
The Supreme Court,
Kazakhstan

Mr. Ulanbek Asakeev

Head
Bishkek City Department of Prosecutor’s
Office,Kyrgyzstan

Mr. Pamirbek Asanov

Head
Investigation Department,
Regional Office of Internal Affairs of
Chuy Region,
Kyrgyzstan

Mr. Nurlan

Judge
The Supreme Court,
Kyrgyzstan

Dosmambetov

Mr. Shodmon Aliev

Chairman
The Court of Nurek City of Khatlon
Region,Tajikistan

Mr. Gayrat Sanginov

Chairman
The Court of Isfara City of Soghd
Region,Tajikistan

29

Mr. Faizmakmad Yorov

ChairmanCourt of Ismoil Somoni District ofDushanbe City,
Tajikistan

Mr. Chary Hojamuradov

Chairman
The Regional Court of Dashoguz,
Turkmenistan

Mr. Hangeldy Serdarov

Chairman
The Regional Court of Lebap,
Turkmenistan

Mr. Gaybulla Alimov

Head
Department of Human Rights andCooperation with International
Organizations,
Ministry of Internal Affairs,
Uzbekistan

Mr. Bakhtiyor Miralimov

Judge
The Supreme Court,
Uzbekistan

Mr. Vakhitjan Sharipov

Judge
The Court of Tashkent City,
Uzbekistan

30

THE THIRD TRAINING COURSE ON STRENGTHENING THE
ANTI-CORRUPTION CAPACITY IN THAILAND

The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand washeld from 6 to 27 April, 2006. Sixteen participants from the office of the National Counter
Corruption Commission, Thailand attended.

Mr. Pas Passatta

Senior Investigator
Corruption Suppression Bureau 1

Mr. Tinnakorn Khamavichanurat

Senior Investigator
Corruption Suppression Bureau 1

Mr. Vittaya Arkompituk

Senior Investigator
Corruption Suppression Bureau 2

Mr. Wanlop Yutidhammadamrong

Senior Investigator
Corruption Suppression Bureau 2

Mr. Kitti Limpong

Senior Investigator
Corruption Suppression Bureau 2

Mr. Boonsaeng Cheerapakorn

Senior Personnel Officer
Personnel Division

Mr. Utit Buasri

Senior Legal Officer
Policy and Planning Bureau

Mr. Sittipong Phungvongsanurak

Senior Investigator
Report Division

Mr. Anant Petchmai

Senior Intelligence Officer
Intelligence Unit

Ms. Pornphan Yuthrattana

Junior Investigator
Corruption Suppression Bureau 2

Mr. Vachirachai Rattanachoe

Junior Inspector
Asset Inspection Bureau 1

Ms. Sunanta Jampa-ngoen

Junior Inspector
Asset Inspection Bureau 2

Ms. Chantira Patanakornsitanont

Junior Legal Officer
Legal Affairs Bureau

Mr. Jakkrit Tunlerd

Junior Investigator
Corruption Suppression Bureau 1

31

Ms. Visra Ratanasamai

Senior Administrative Officer
Administrative Section

Mr. Thanachot Pairoh

Head of Foreign Affairs Section
Policy and Planning Bureau

32

INFORMATION ABOUT FORTHCOMING PROGRAMMES

1. The First Country Specific Training Course on the Revitalization of the PPA Volunteer
Probation Aides System
The First Country Specific Training Course on the Revitalization of the PPA Volunteer
Probation Aides System for the Philippines will be held from 27 June to 11 July 2006. Twelve
Parole and Probation Officers from the Philippines will attend.
2. The 134th International Training Course
The 134th International Training Course entitled "Challenges in the Investigation,
Prosecution and Trial of Transnational Organized Crime" will be held from 28 August to 5
October 2006.
Rationale
1. Response to the Increasing Threat of Transnational Organized Crime by the International
Community, in Particular, the United Nations
Advances in communications and technology have shrunk distances between states, madestate frontiers porous and opened up previously unimaginable opportunities for commercial, political and social interaction, and consequently have dramatically expanded legitimate internationalcommercial transactions. This process of globalization has also led to unprecedented opportunities
for illegitimate activities by criminal organizations. Transnational criminal organizations have beenamong the first to take advantage of the new global reach made possible by the revolutions incommunications, transportation and commerce. The rapid growth and geographical extension of organized crime in its various forms have been undermining the development process and impairing
the safety and quality of life of citizens.
Following the increased threat of transnational crime, since the mid-1990s, the international
community began to recognize the gravity of the threat posed by transnational organized crime tothe political, economic and social fabric of society. Subsequently, after several years of negotiations by the United Nations, in November 2000, the General Assembly adopted the United
Nations Convention against Transnational Organized Crime (hereinafter referred to as "theTransnational Organized Crime Convention" or "the Convention"), together with its two following
protocols as a historic step forward in countering this threat: (i) Protocol to Prevent, Suppress andPunish Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (hereinafter referred to as "the Trafficking in
Persons Protocol") and (ii) Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (hereinafter referred to as "the Migrant Protocol").
Moreover, in May 2001, the General Assembly adopted a third protocol, the Protocol
against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components andAmmunition, supplementing the United Nations Convention against Transnational Organized Crime(hereafter "the Firearms Protocol").
Many states, having taken this threat seriously, moved swiftly towards the ratification of
the Convention and the Protocols. Consequently, the Convention, the Trafficking in Persons

33

Protocol, the Migrant Protocol and the Firearms Protocol entered into force on 29 September 2003,
25 December 2003, 28 January 2004, and 3 July 2005, respectively. By the end of 2005, morethan 100 states became parties to the Convention, nearly 100 to the Trafficking in Persons
Protocol and the Migrant Protocol, and nearly 50 to the Firearms Protocol. Many other states arein the ratification process.
Following the entry into force of the Convention, pursuant to Article 32 therein, theConference of the Parties was established to improve the capacity of States Parties to combat
transnational organized crime and to promote and to review the implementation of the Convention
and its Protocols. The first and the second sessions of the meetings of the Conference of theParties were held in 2004 and 2005, respectively, in which representatives of the State Parties, signatories and non-signatories participated. Subsequent sessions will be held in order to review the
implementation of the Convention and the Protocols.
In addition, various bodies of the United Nations have deemed the fight against
transnational organized crime as a high priority issue. In particular, the United Nations Office on
Drugs and Crime (UNODC) has undertaken a series of activities to promote the ratification andimplementation of the Convention and its Protocols, and to provide technical assistance to States
as its top priority.
2. The Significance of the Transnational Organized Crime Convention and its Protocols in theInvestigation, Prosecution and Trial of Transnational Organized Crime
One of the most important tasks for the criminal justice system is to detect, investigate,prosecute and punish organized criminals effectively. However, organized criminals often remain
undetected and beyond arrest because of the difficulties and complexity inherent to the investigation of organized crime. In particular, it is difficult to penetrate the core of organized criminalgroups and catch the ringleaders. As professionals of crime, organized criminals quite often conceal the tracks of their illegal activities in a methodical and sophisticated way. Also, the ringleaders are usually involved behind the scenes and behind closed doors. Moreover, those who can
supply key information and evidence to the law enforcement authorities are subject to potential retaliation or intimidation by the criminal organization. Further, the increase in the transnational aspect of their illegal activities has made these tasks more complex and difficult, due to gaps innational law, jurisdictional problems or a lack of accurate information about the full scope of organized criminal groups’ activities. Therefore, in order for law enforcement officials to reach suchcriminals, they need to implement fully the use of innovative legal weapons.
By the use of the Convention and its Protocols, States Parties are able to rely on one another in investigating, prosecuting and punishing crimes committed by organized criminal groups
where either the crimes or the groups who commit them have some element of transnational involvement. This should make it much more difficult for offenders and organized criminal groups
to take advantage of the difficulties inherent in the investigation, prosecution and trial of cases involving several jurisdictions.
In addition to dealing with the fight against organized crime in general, the Convention
deals with some of the major activities in which transnational organized crime is commonly involved, such as money laundering and the obstruction of justice. To supplement the Convention,
the three Protocols also tackle specific areas of transnational organized criminal groups’ activities
that are of particular concern to UN Member States.
In detail, the Convention and its Protocols apply to "serious crimes" (i.e. offences

34

punishable by a maximum deprivation of liberty of at least four years or a more serious penalty,
Articles 3.1(b) and 2(b), the Convention) and several other specific acts of which the Convention
and the Protocols require criminalization (Article 3.1(a), the Convention). These acts are:(i) Participation in an organized criminal group (Article 5, the Convention);(ii) Laundering of proceeds of crime (Article 6, the Convention);(iii) Corruption (Article 8, the Convention);(iv) Obstruction of justice (Article 23, the Convention);(v) Trafficking in persons (Article 5, the Trafficking in Persons Protocol,);(vi) Smuggling of migrants (Article 6, the Migrant Protocol);(vii) Illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Article 5, the Firearms Protocol); and(viii)Falsifying or illicitly obliterating, removing or altering the marking(s) on firearms (Article
5, the Firearms Protocol).
In order to suppress these crimes, the Convention and its Protocols provide for a varietyof remarkable measures to investigate, prosecute and try transnational organized crime effectively.
As one of the significant investigative measures, Article 20 of the Convention provides forthe use of special investigative techniques, such as controlled delivery, electronic surveillance andundercover operations, and their use at the international level. Such measures could enable law enforcement authorities to obtain evidence behind closed doors. Also, as an effective tool in orderto reach the organized criminals, in particular, the core of the criminal organization, Article 26 refers to granting immunity from prosecution and mitigating punishment for a person who participates or has participated in an organized criminal group and provides substantial cooperation in theinvestigation or prosecution.
In order for the criminals that have been detected and investigated to be prosecuted, triedand punished effectively, further measures are needed to secure the testimony of witnesses. In thisregard, Articles 24 and 25 provide for witness and victim protection measures, including the useof physical protection and testimony through the use of video links, etc.
As the most crucial element for combating transnational organized crime, the Convention
comprehensively addresses the issue of international cooperation. In particular, Articles 16 and 18
provide for elaborated mechanisms for extradition and mutual legal assistance, respectively.
Additionally, Article 13 specifically addresses international cooperation for purposes of confiscationin detail. Moreover, the Convention refers to methods to accelerate trans-border investigation, suchas joint investigations in Article 19 and law enforcement cooperation in Article 27.
Although some of the measures are not in the mandatory clauses of the Convention, theuse of these measures could enhance the capacity of the competent authorities in the investigation,prosecution and trial of organized criminals who seek to take advantage of gaps in traditional laws
and the differences in the criminal justice systems and legislation.
Giving due consideration to the significance of the Convention and its Protocols and thenecessity of their effective implementation in the fight against transnational organized crime as
mentioned above, UNAFEI, as a regional institute of the United Nations Crime Prevention andCriminal Justice Programme Network, believes that it is of vital importance to make full use of
the countermeasures provided in the Convention and the Protocols in order to combat this threat.
It has been several years since the international community first recognized the threat oftransnational organized crime and each state has started to strengthen its legal regime to combat
it both domestically and internationally in line with the Convention and the Protocols. In order to35facilitate such efforts, which are still in progress in many countries, it is time to review how eachcountry’s criminal justice system has in practice dealt with transnational organized crime, and what
problems and challenges it faces. UNAFEI, therefore, will explore in this Course various practicalissues that relate to the investigation, prosecution and trial of transnational organized crime, withspecial attention to the Convention and its three Protocols.
3. Objectives
This Training Course aims at examining and analyzing the current situation, problems andchallenges in the investigation, prosecution and trial of transnational organized crime. The objectives and their subtopics are as follows:(1) Current situation of transnational organized crime in the respective countries and their existing
legal regime to investigate, prosecute and try it, in particular, the offences listed below (NB:
for the purpose of preparing the individual presentation paper, participants are requested tofocus on any one or more of these offences):･ Participation in an organized criminal group;･ Money laundering;･ Obstruction of justice;･ Trafficking in persons;･ Smuggling of migrants;･ Illicit manufacturing of and trafficking in firearms, their parts and components and ammunition;･ Falsifying or illicitly obliterating, removing or altering the marking(s) on firearms; and･ Others (i.e. "serious crimes", as defined in Article 2(b) above).
Please note that corruption offences, as defined in Article 8 of the Convention, are excluded from the scope of this Training Course, since the incorporation of corruption into theConvention offences was intended mainly to facilitate international cooperation between State
Parties, and more detailed measures were left to the UN Convention Against Corruption.
(2) Current situation of, and problems and challenges in the investigation, prosecution and trial of
the above mentioned offences, in relation to collecting key evidence(i)Problems and challenges in the use of special investigative techniquesa) controlled delivery b) electronic and other forms of surveillance c) undercover
operations d) other special investigative techniques e) use of special investigative techniques at the international level.

(ii) Problems and challenges in obtaining information and testimony by key witnesses andvictimsa) protection measures for witnesses and victims (e.g. relocation, non-disclosure ofidentity, testimony through video links) and its use at the international level b) measures
to encourage persons who participate(d) in organized criminal groups to supply information and to cooperate with the law enforcement authorities (e.g. granting immunity fromprosecution).
(NB: Participants are also encouraged to include in their presentation any examples ofsuccess stories on the above issues, which could serve as best practices for other participants).

36(3) Current situation of, and problems and challenges in, the investigation, prosecution and trial of
the above mentioned offences, in relation to international cooperation(i)

Problems and challenges in obtaining and providing mutual legal assistance, including for
purposes of confiscation(ii) Problems and challenges in the use of other types of international cooperationa) joint investigations b) law enforcement cooperation (e.g. exchange of information).
Please note that since extradition mainly entails legal issues rather than practical ones, extradition issues are excluded from the main scope of this Course, which focuses on practical issues
pertaining to investigation, prosecution and trial of transnational organized crime.

37

ADMINISTRATIVE NEWS

Faculty Changes
Ms. Tamaki Yokochi, formerly Professor of UNAFEI, was transferred and appointed Parole
Officer for Kanto Regional Parole Board on 1 April 2006.
Mr. Koji Yamada, formerly Chief of the Rehabilitation Service Development Section of
Okayama Probation Office, joined UNAFEI as a Professor on 1 April 2006.

Overseas Trips by Staff
Mr. Motoo Noguchi (Professor) visited Kotakinabalu, Malaysia to act as Co-Rapporteurat the ACPF Workshop on the Guidelines on the Role of Criminal Justice to Minimize Socioeconomic Damage Ensuing from Natural Disasters from 10 to 13 March 2006.
Mr. Iichiro Sakata (Professor) visited Vienna from 19 to 24 March 2006 to attend the"Intergovernmental Expert Group Meeting of the U.N. Commission on Crime Prevention andCriminal Justice to Develop a Questionnaire on Standards and Norms Primarily Related to Crime
Prevention".
Mr. Masahiro Tauchi (Director) and Mr. Iichiro Sakata (Professor) visited Vienna to attend
and make presentations at the UN Commission on Crime Prevention and Criminal Justice from 23
to 29 April 2006.
Mr. Masato Uchida (Professor) visited Canada from 1 to 15 May 2006 to carry out research on the sexual offender treatment programmes in Canada. Mr. Uchida met with officials
from the Correctional Service of Canada and travelled to Ontario, Quebec and British Columbia.
Mr. Keisuke Senta (Deputy Director) visited Hong Kong, SAR to attend the Third ICAC
Symposium: Corporate Corruption, Integrity and Governance, from 8 to 12 May 2006.
Mr. Koji Yamada (Professor) visited Manila, the Philippines from 9 to 13 May 2006 tomeet Mr. Ismael Herradura, the Administrator of the Parole and Probation Administration,
Philippines and visit the offices of several government departments.
Ms. Kayo Ishihara (Professor) visited Bangkok, Thailand from 5 to 9 June 2006 to attend
the UNODC Regional Expert Group meeting on Witness Protection and to moderate a group work
session.

38

FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Masahiro Tauchi
Mr. Keisuke Senta
Mr. Motoo Noguchi
Mr. Haruhiko Higuchi
Ms. Tae Sugiyama
Mr. Hiroyuki Shinkai
Mr. Koji Yamada
Mr. Masato Uchida
Mr. Tomoyuki Noge
Ms. Megumi Uryu
Ms. Kayo Ishihara
Mr. Iichiro Sakata
Ms. Satoko Ikeda
Mr. Simon Cornell

Secretariat:
Mr. Junichi Ebara
Mr. Kazuyuki Kawabe
Mr. Hitoshi Nishimura

Director
Deputy Director
Professor
Professor
Professor, Chief of Information and Library Science Division
Professor
Professor
Professor, Chief of Research Division, 133rd Course
Programming Officer
Professor
Professor, 133rd Deputy Course Programming Officer
Professor
Professor, Chief of Training Division
Professor
Linguistic Adviser

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

General and Financial Affairs Section:
Mr. Hideshi Ohashi
Chief
Ms. Ayako Tanaka
Ms. Chiemi Matsuura
Mr. Keiji Matsui
Driver
Ms. Tomoko Inamasu

Training and Hostel Management Affairs Section:
Mr. Seiji Yamagami
Chief
Mr. Masayuki Tanuma
Ms. Yukari Ishikawa
Ms. Tomomi Matsuoka
Mr. Hideyuki Inoue
133rd Assistant Course Programming Officer

International Research Affairs Section:
Mr. Etsuya Iwakami
Chief
Ms. Masumi Tomita
Librarian39

Secretarial Staff:
Ms. Yoko Hosoe
Ms. Kumiko Yanagisawa

Kitchen:Mr. Misao Saito

Chef

JICA Coordinator:
Ms. Kazue Obashi

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI E-mail: unafei@moj.go.jp