ISSN 1020-914X

UNAFEI

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

No. 136
September 2011

Established1961
IN THIS ISSUE

Page

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

THE 149TH INTERNATIONAL TRAINING COURSE ............................................................................................... 3

SECURING PROTECTION AND COOPERATION OF WITNESSES AND WHISTLE-BLOWERS
Course Rationale ............................................................................................................................................. 3
Course Summary ............................................................................................................................................. 6
Lecture Topics ................................................................................................................................................. 7

Individual Presentation Topics ........................................................................................................................ 9Group Workshop Sessions ............................................................................................................................... 11
Observation Visits ........................................................................................................................................... 13Group Study Tour ............................................................................................................................................ 14
Special Events ................................................................................................................................................. 15

Reference Materials ......................................................................................................................................... 17
Experts and Participants List ............................................................................................................................19

INFORMATION ABOUT FORTHCOMING PROGRAMMES ................................................................................... 21

The 14th UNAFEI UNCAC Training Programme ......................................................................................................... 21

The 17th Seminar on Crime Prevention and Criminal Justice for the People’s Republic of China ............................... 21
The Fifth Regional Seminar on Good Governance for Southeast Asian Countries ....................................................... 21
The 150th International Senior Seminar ........................................................................................................................ 21
ADMINISTRATIVE NEWS ........................................................................................................................................... 24
Overseas Trips by Staff ................................................................................................................................................... 24
FACULTY & STAFF OF UNAFEI ................................................................................................................................. 25

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 149th International
Training Course on “Securing Protection and Cooperation of Witnesses and Whistle-blowers”,
which took place from 25 August to 30 September 2011.
In this Course, we welcomed six Japanese and ten overseas participants: four from Asia,
four from Latin America and the Caribbean and two from Africa. The participants included judges,
public prosecutors, police officers and other high-ranking public officials.
As this newsletter demonstrates, the Course was extremely productive. It consisted ofindividual presentations, group workshop and plenary sessions, visits to relevant criminal justiceagencies, and presentations by visiting experts, faculty members and ad hoc lecturers.
Witness statements and testimony are the cornerstones of criminal proceedings. Withoutthem, criminal conduct cannot be successfully investigated or prosecuted. Likewise,
whistle-blowing often plays a key role in exposing criminal conduct within various types of groups
and organizations.
Securing the cooperation of witnesses and whistle-blowers, however, is not always an easytask. Their fear for their safety, the risk of retaliation, and other disadvantageous treatment often
prevent them from coming forward and cooperating fully with the authorities. To remove theseobstacles, measures that provide adequate protection are much needed. Further, obstruction ofjustice, including witness tampering, should be criminalized and properly punished.
In the case of witnesses who are themselves implicated in crime or conspiracy, immunityfrom prosecution or mitigation of punishment will strongly encourage cooperation. Properly
administered, these measures can be an effective tool in the fight against organized crime andcorruption.
These considerations are reflected in the United Nations Convention against Transnational
Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC),
which require States Parties to provide effective protection for witnesses; criminalize obstructionof justice; consider the options of granting immunity or mitigating punishment for cooperating
witnesses; and consider adopting appropriate measures to protect whistle-blowers.
In view of the importance of witnesses and whistle-blowers and the information they
provide, UNAFEI, as a regional institute of the UN Crime Prevention and Criminal Justice
Programme Network, decided to hold this Course.
During the Course, the participants diligently and comprehensively examined the current
situation of protection of witnesses and whistle-blowers in their respective countries, primarily
through a comparative analysis. The participants shared their own experiences and knowledge ofthe 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 respective
countries.

2

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 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 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 nations’ criminal justice systems, and to the benefit of theinternational society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 149th
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.

September 2011

Tatsuya Sakuma
Director, UNAFEI

3

THE 149TH INTERNATIONAL TRAINING COURSE“SECURING PROTECTION AND COOPERATION OF
WITNESSES AND WHISTLE-BLOWERS”

Course Rationale

Corruption and organized crime undermine the integrity of legitimate national economies,
the security and development of society, the rule of law and fundamental social values. As theseoffences are often committed using sophisticated techniques that leave little trace or physicalevidence of the crime, witnesses and their testimony play a crucial role in securing conviction.
However, out of fear for their safety, witnesses are often reluctant to come forward and cooperatewith criminal justice authorities. In particular, in cases of organized crime or cases of corruption
involving influential persons, the personal safety of witnesses, as well as that of their family
members, may be jeopardized by ruthless criminal groups who wield widespread and intimidating
power.
Consequently, states need to establish effective measures that provide adequate protection
to witnesses; such measures are essential to the administration of justice and maintenance of therule of law.
Witness protection measures can take several forms: first, procedures for the physicalprotection of witnesses, including relocation and non-disclosure, or limiting the disclosure of
information concerning the identity and whereabouts of witnesses; second, evidentiary rules topermit witnesses to testify in a manner that ensures their safety; such as via video link or otheradequate means. When the threat is especially high, special protective measures, such as permanent
relocation and identity change, may be employed as part of a formal witness protection
programme.
Articles 24 and 25 of the United Nations Convention against Transnational Organized
Crime (UNTOC) and Article 32 of the United Nations Convention against Corruption (UNCAC)
require States Parties to take appropriate measures to provide effective protection for witnesses,
which include the two categories of protective measures mentioned above. Over the last twenty
years the need for protective measures and the creation of protection programmes for witnesses
have become more common globally. Often though, it is pointed out that, even where suchmeasures have been provided for in legislation, implementation remains less than satisfactory andfurther progress is needed.
Another important aspect of witness protection is to ensure just punishment for offenders
and accomplices who use physical force, threats, intimidation, or other means to induce false
testimony or to interfere with the giving of testimony. Serious crimes cannot be adequately
punished if, as a result of such witness tampering, important testimony and material evidence areprevented from reaching investigators, prosecutors and judges. Thus, Article 23 of the UNTOC and
Article 25 of the UNCAC require States Parties to criminalize “obstruction of justice,” which
includes the use of force, threats or intimidation or the promise, offering or giving of an undue
advantage to induce false testimony or to interfere with the giving of testimony or production ofevidence. Many countries have developed national legislation addressing the offences of the

4obstruction of justice, but it has not always been vigorously enforced partly because, in general,proving the offender’s “intention” can be a delicate problem.
Prosecution of corruption and organized crime sometimes involves special witnesses who,
as a result of their involvement in the offence, may be subject to prosecution themselves. They
possess important knowledge about the criminal organization’s structure and method of operation,
as well as offenders’ activities and conspiracies. In order to encourage cooperation of such
witnesses and draw on their “accomplice testimony,” an increasing number of countries haveintroduced legislation or policy allowing grants of immunity or leniency in exchange for theircooperation. In this regard, Article 26 of the UNTOC and Article 37 of the UNCAC require States
Parties to consider the options of mitigating punishment or granting immunity from prosecution for
those who provide substantial cooperation to criminal justice authorities. The experience of certain
jurisdictions has highlighted the merits of such provisions in the fight against organized crime andlarge-scale corruption. Mitigation of punishment or grants of immunity may be provided on theirown, or they may be combined with formal witness programmes.
One related, but different, issue is the protection of reporting persons, often referred to as“whistle-blower protection.” Whistle-blowers play an important role in bringing to light wrongfulacts that would have otherwise remained undetected. However, in doing so, they often take highpersonal risks such as the possibility of facing retaliation, dismissal, demotion or even physicaldanger. Article 33 of the UNCAC recognizes the importance of their role and requires States
Parties to consider incorporating into their domestic legal systems appropriate measures to protect
whistle-blowers from any unjustified treatment. In practice, however, legal protection for whistleblowers still does not exist or is very limited in many countries. In certain jurisdictions, culturaldifferences and psychological obstacles render difficult the introduction and utilization of legal
frameworks to protect whistle-blowers.
This Programme aimed to deepen mutual understanding of the current legislation, situationand identified problems which the respective countries face in regard to securing protection andcooperation of witnesses and whistle-blowers, which is an issue of vital importance at the national
and international levels containing many challenges to be examined and overcome, as mentioned
above.
Objectives of the ProgrammeThis Programme offered participants an opportunity to deepen their understanding and shareexperiences and knowledge on “securing protection and cooperation of witnesses and whistleblowers.” Emphasis was placed on organized crime and corruption, but the scope of theProgramme will not be limited to those issues. Another objective of the programme was toestablish a global network of counterparts so that exchange of updated information on national
practices can be facilitated.
In order to achieve these objectives, the Programme provided an opportunity to identify andexamine current situations and challenges existing in participants’ countries, and to build
participants’ knowledge of possible measures to improve existing situations.
These objectives were achieved through lectures and participants’ dialogue and discussions.
Specific topics discussed were the following:
1. Effective legislation and measures to protect witnesses:(a) Current situation:

5

Current situation of the necessity of witness protection and problems in each country;(b) Currently available measures:
Currently available measures and their actual application; problems and challenges
experienced, if any;(c) Effective legislation and measures:• Witness assistance and support;• Police protection;• Criminal procedural protection: testimony to be given through the use of communications
technology, non-disclosure or limitations on the disclosure of information concerning theidentity and whereabouts of such persons, etc;
• Witness protection programmes that provide for relocation and identity changes of
witnesses;(d) International cooperation.
2. Criminalization and punishment of obstruction of justice:(a) Current situation:
Current situation of criminalization of obstruction of justice (as required by UNTOC and
UNCAC) and its actual application in each country; problems and challenges experienced,
if any;(b) Currently available measures and actual practices:
Currently available measures (legislation, guidelines, office policies) and actual practices
related to mitigation of punishment and/or immunity grants; examples of successful or
unsuccessful investigations and prosecutions; recent problems and challenges experienced ineach country;(c) Effective legislation and measures.
3. Effective legislation and measures to protect whistle-blowers:(a) Current situation:
Current situation of the necessity of whistle-blower protection;(b) Currently available protection:
The coverage and scope of protection currently available to whistle-blowers in eachcountry; their sufficiency or shortcomings, if any.
(c) Effective legislation and measures
4. Instances of successful and unsuccessful implementation of securing the protection andcooperation of witnesses/whistle-blowers.

6

Course Summary

Lectures
In total, six lectures were presented by visiting experts, four by ad hoc lecturers and sevenby the professors of UNAFEI. Three 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, anduniversity professors, 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/hercountry. These papers were compiled onto a USB drive 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 groupmembers for the sub-topics, based on their response to a questionnaire previously distributed.
Selected participants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, andvisiting experts and faculty members served as advisers. Each group’s primary responsibility was
to explore 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 Course. Brief summaries of the group workshop reports are provided on pages 11
and 12.
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 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 13 to16.

7

Lecture Topics
Visiting Experts’ Lectures
1)

Ms. Karen Kramer
Senior Expert, Division for Treaty Affairs, UNODC• Protection of Witnesses and Whistle-blowers: How to Encourage People to Come Forward
to Provide Testimony and Important Information

2)

Mr. Robert E. Courtney III
Department of Justice Attaché, Embassy of the United States in the Philippines• Securing Protection and Cooperation of Witnesses and Whistle-blowers

3)

Mr. Severino H. Gaña, Jr.
Senior Deputy State Prosecutor, Department of Justice, Republic of the Philippines• Securing Protection and Cooperation of Witnesses and Whistle-blowers

UNAFEI Professors’ Lectures
1) Mr. Haruhiko Higuchi, Professor, UNAFEI• Police of Japan2)

Mr. Fumihiko Yanaka, Professor, UNAFEI• The Criminal Justice System in Japan: Investigation/Prosecution

3)

Mr. Yuichi Tada, Professor, UNAFEI• The Criminal Justice System in Japan: The Courts

4)Ms. Mayu Yoshida, Professor, UNAFEI• Institutional Corrections in Japan: Penal Institutions and Treatment of Inmates5)

Ms. Ayako Sakonji, Professor, UNAFEI• Community-Based Treatment of Offenders System in Japan6)

Mr. Haruhiko Ukawa, Deputy Director, UNAFEI• Securing Protection and Cooperation of Witnesses and Whistle-blowers - Overview

7)

Mr. Motoo Noguchi, Professor, UNAFEI• Witness Protection before International Tribunals

8

Ad Hoc Lectures
1)

Mr. Takujiro Kono
Senior Officer for Leniency Programme, Investigation Bureau, General Secretariat, Japan
Fair Trade Commission• Leniency Programme

2)

Mr. Makoto Okada
Head of Whistle-blower Protection Unit, Legal System Planning Division, Consumer Affairs
Agency• Whistle-blower Protection System

3)

Mr. Katsuya Kitaoka
Director of General Affairs Department, Headquarters, Japan Legal Support Center• Crime Victims Support by the Japan Legal Support Center (JLSC) -Including the viewpointof Protection of the victim/witness

4)

Mr. Keisuke Senta
Professor, University of Tokyo Graduate Schools for Law and Politics• Witness Protection in the Investigation and Trials of Terrorist Offences

9

Individual Presentation Topics

Overseas Participants
1)

Mr. Roland Cornelius Cobbler (Barbados)• Securing Protection and Cooperation of Witnesses and Whistle-blowers:
A Barbadian Perspective

2)

Mr. Rafael Armando Ascencio Menjivar (El Salvador)• Protection of Victim and Witnesses of El Salvador

3)

Mr. Amitabh Thakur (India)• Effective Legislation and Measures to Protect Witnesses

4)

Mr. Igusti Ngurah Agung Suandika (Indonesia)• Securing Protection and Cooperation of Witnesses and Whistle-blowers

5)

Mr. Krishna Murari Shiwakoti (Nepal)• Securing Protection and Cooperation of Witnesses and Whistle-blowers

6)

Mr. Narayan Prasado Panthee (Nepal)• Securing Protection and Cooperation of Witnesses and Whistle-blowers

7)

Mr. Azael Samaniego Ivaldy (Panama)• Securing Protection and Cooperation of Witnesses and Whistle-blowers: Panama

8)

Mr. Brian Kipling Samuel (St. Lucia)• Securing Protection and Cooperation of Witnesses and Whistle-blowers in Saint Lucia

9)

Mr. Barnabus David Mwakalukwa (Tanzania)• Securing Protection and Cooperation of Witnesses and Whistle-blowers10) Mr. Ayub Yusuf Mwenda (Tanzania)• Witness Protection in Tanzania

10Japanese Participants11) Ms. Masako Kariya• Victim Witness Protection12) Ms. Shiori Nakagawa• Current Drug Situation and Crime Investigation in Japan13) Mr. Tomoyuki Nakahata• The Case of Witness Protection14) Mr. Kazuaki Watanabe• The Effect of Self-Incrimination or Cooperation with Criminal Justice Authorities on
Sentencing in Accomplice Cases
15) Mr. Naoyuki Yamada• Protective Measures for Witnesses in Japan16) Mr. Kosuke Yokomaku• Countermeasures Against Intimidation of Witnesses in Japan

11

Group Workshop Sessions
Group 1
EFFECTIVE MEASURES TO SECURE PROTECTION AND COOPERATION OF
WITNESSES AND WHISTLE-BLOWERS WITH SPECIAL ATTENTION TO
ORGANIZED CRIME AND CORRUPTION
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Visiting Experts
Advisers

Mr. Brian Kipling SamuelMr. Tomoyuki Nakahata
Mr. Ayub Yusuf Mwenda
Mr. Kazuaki Watanabe
Mr. Amitabh Thakur
Mr. Igusti Ngurah Agung Suandika
Ms. Shiori Nakagawa
Mr. Krishna Murari Shiwakoti
Mr. Severino H. Gaña, Jr.
Mr. Robert E. Courtney
Prof. Fumihiko Yanaka
Prof. Naoyuki Harada(Saint Lucia)(Japan)(Tanzania)(Japan)(India)(Indonesia)(Japan)(Nepal)(Philippines)(USA)(UNAFEI)(UNAFEI)

Report Summary
Among the countries of Group 1, only El Salvador and Indonesia have legislated forwitness protection. Japan has legislated for whistle-blower protection, while other countries havesome protection for whistle-blowers in other legislation, apart from Saint Lucia, which has none.
Where there is no legislation, there may still be informal measures for witness or whistle-blower
protection; where legislation is patchy, it cannot properly address all types of organized crime; andeven where legislation is comprehensive, it still may not be effective if faced with challenges suchas budget constraints, lack of resources, etc. No participating country reported specific legislation
dealing with criminalization of obstruction of justice, but this is dealt with in other legislative acts.
Similarly, there is no specific legislation to provide for mitigation of punishment or immunity
grants, although India, Indonesia and Nepal do have some legal provisions in this regard undervarious other kinds of legislation. Following a thorough discussion of countermeasures and bestpractice, with consideration for the experiences and challenges encountered by practitioners, theGroup made the following recommendations.
1. All participating states should legislate for witness and whistle-blower protection, andshould seek to ratify the UNTOC and UNCAC. 2. Participating countries should legislate to
mitigate punishment, grant immunity, and criminalize and punish obstruction of justice, including
obstruction by action, gesture or psychological intimidation of a witness. 3. Countries without
specific witness and whistle-blower legislation should formulate policies to guide theimplementation of interim countermeasures. 4. Developing nations should focus on procedural
witness protection, which is cost-effective and quickly implemented. 5. Bilateral, regional andinternational cooperation in this area is much-needed, and should be formalized in signed treaties
or protocols. 6. All agencies within the criminal justice system should work under the sameumbrella to streamline the functioning of protection measures or programmes. 7. Human resource
capacity building must be emphasized. 8. Examining the possibility of separate waiting rooms forvictims and witnesses at courthouses and prosecutors offices is an inexpensive and effective
measure available to all countries. 9. Participating countries should arrange for all serious crimes
to be fast-tracked, particularly those involving witnesses needing protection.

12Group 2
EFFECTIVE MEASURES TO SECURE PROTECTION AND
COOPERATION OF WITNESSES
Chairperson
Co-Chairpersons
Rapporteurs
Co-Rapporteur
Members
Visiting Experts
Advisers

Mr. Barnabus Mwakalukwa
Ms. Masako Kariya
Mr. Narayan Panthee
Mr. Azael Samaniego Ivaldy
Mr. Roland Cobbler
Mr. Kosuke Yokomaku
Mr. Rafael Armando Ascencio
Mr. Naoyuki Yamada
Ms. Karen Kramer
Mr. Robert E. Courtney
Prof. Kumiko Izumi
Prof. Yuichi Tada

(Tanzania)(Japan)(Nepal)(Panama)(Barbados)(Japan)(El Salvador)(Japan)(UNODC)(USA)(UNAFEI)(UNAFEI)

Report SummaryGroup 2 was assigned to discuss “Effective Measures to Secure Protection and Cooperationof Witnesses”, with particular attention on non-organized crimes such as sex crimes, crimes
involving child victims or violent crimes. The discussions were based on the following agenda: 1)
Effective legislation and measures to protect witnesses; 2) Criminalization and punishment of
obstruction of justice.
The Group verified that the police department of each respective country had responsibility
for securing protection and cooperation of witnesses as one of their primary functions. Most
represented countries had established procedural measures at the trial stage to limit witnesses’
psychological stress. Only El Salvador has legislated for a standardized witness protection
programme.
In the matter of effective legislation and measures to protect witnesses, the Group made thefollowing recommendations.
1. The police should protect witnesses when necessary. 2. It is crucial that countries
legislate for and establish the organizational structure of witness protection measures. 3. Witness
protection measures are necessary for all countries; those who lack such measures should consider
their introduction; those who have such measures should consider their improvement. 4. A
comprehensive protection programme is effective in protecting witnesses, but is financially onerous
and should be considered as a measure of last resort; if not introduced, other specific measures
should be taken to protect witnesses. 5. Protection programmes require a sufficient budget;
countries should legislate to allow the proceeds of crime to be utilized to fund witness protection.
6. For victims of sex crime it is important to prevent secondary victimization; for child victims
it is important to implement specific measures to allow them to testify as comfortably as possible.
In the matter of criminalization and punishment of obstruction of justice, the Group noted
that, with one exception, all participating countries had criminalized this offence on the basis of
the provisions of the UNTOC and UNCAC. The Group made the following recommendations.
1. To ensure the co-operation and protection of witnesses, it is necessary to criminalize
obstruction of justice; countries with inadequate legislation in this regard must improve. 2. Where
legislation is adequate but enforcement is not, enforcement must be improved so that thelegislation functions effectively.

13

Observation Visits

Date

Agency/Institution

Main Persons Concerned

31 Aug.

Tokyo District Public Prosecutors Office• Mr. Keiichi Watanabe(Chief Prosecutor)

Ministry of Justice• Mr. Satsuki Eda(Minister of Justice)

6 Sept.

22 Sept.

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

Fuchu Police Station
Okunitama Koban (Police Box)

• Mr. Osamu Yoshimoto(Chief of the Police Station)

14Group Study Tour

Date

Location

Agency/Institution

Main Persons Concerned

14 Sept.

Hiroshima• Hiroshima Prefectural Police
Headquarters• Mr. Hideki Niibata(Inspector)

15 Sept.

Nara• Nara Juvenile Prison• Mr. Masaki Inahara(Director, General Affairs
Department)

16 Sept.

Nara• Nara District Public
Prosecutors Office• Mr. Noriyoshi Shimokawa(Chief Prosecutor)

15

Special Events

25 Aug.

29, 30 Aug., 1 Sept.

Welcome Party

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The sensei (teachers) were Ms. Mariko Hirano and Ms.
Kazuko Shukuya of “Nihongo-no-kai”.

1 Aug.

Courtesy Visit to the Ministry of Justice
andReception by the Vice-Minister of Justice
After a courtesy visit to Mr. Satsuki Eda, Minister of Justice, a reception was heldby the Vice-Minister of Justice, Mr. Katsuyuki Nishikawa, at the Ministry of Justice,Tokyo.

2 Sept.

Table Tennis Tournament

The Tennis Tournament was held in the UNAFEI auditorium, with mixed teams of
UNAFEI faculty, staff and participants. For the fifth time, Prof. Tada’s team was victorious.
Afterwards, the participants enjoyed a social with UNAFEI staff and faculty.

3, 10 Sept.

Home Visits

The ACPF Fuchu branch kindly organized dinner for the participants at the homesof their members. The hosts were Mrs. Hisako Morita, Mrs. Chitose Sashida and Mr.
Rinshi Sekiguchi.

6 Sept.

Social with Legal Apprentices

The participants had an opportunity to exchange views and experiences with Legal
Apprentices from the Legal Training and Research Institute of Japan during a social
evening at UNAFEI.

13 Sept.

ACPF Fuchu Branch Party

The participants enjoyed a tour of Okunitamajinja (Okunitama Shrine) and a party
hosted by the ACPF Fuchu Branch. The party was attended by ACPF Fuchu Branchmembers and UNAFEI faculty and staff.

16

20 Sept.

TICP Friendship Party

The participants were guests of honour a friendship party hosted by the Training
Institute for Correctional Personnel, in Fuchu. The participants enjoyed demonstrations ofmartial arts, such as kendo and shorinjikenpo, as well as a demonstration of tankobushi, a
traditional form of dancing from Kyuushu.

23, 24 Sept.

ACPF Branches Study TourThe participants were invited to visit branches of the ACPF in five locations around
Japan. The participants split into groups and visited Aomori, Iwate, Nagano, Nagoya andOsaka. They visited local criminal justice facilities and had an opportunity to do somesightseeing. In addition, each branch held a reception in honour of the participants visiting
their region.

26 Sept.

Social with Law School Students

The participants were joined at a party by students from Tokyo University Graduate
Schools of Law and Politics following a lecture by Professor Keisuke Senta of Tokyo
University Graduate Schools for Law and Politics.

29 Sept.

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

17

Reference Materials

A. International Standards and Related Materials
1. United Nations Convention against Transnational Organized Crime and the Protocols thereto(2000)(i) Convention
http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebooke.pdf(ii) Legislative Guides for the Implementation of the UNTOC Convention (excerpts: cover 1,
p12-p14, p90-p102, p162-p182)
http://www.unodc.org/pdf/crime/legislative_guides/Legislative%20guides_Full%20version.pdf
2. United Nations Convention against Corruption (2003)(i) Convention
http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf(ii) Legislative Guide for the Implementation of the UNCAC (excerpts: cover 1, p80-p82, p93p95, p119-p121, p125-p126, p141-p151)
http://www.unodc.org/pdf/corruption/CoC_LegislativeGuide.pdf
B. Other Related Materials
1. Good Practices for the Protection of Witnesses in Criminal Proceedings involving Organized
Crime, UNODC
http://www.unodc.org/documents/organized-crime/Witness-protection-manual-Feb08.pdf
2. UN Economic and Social Council Resolution 2005/20 “Guidelines on Justice in Matters
involving Child Victim and Witnesses of Crime”
http://www.un.org/docs/ecosoc/documents/2005/resolutions/Resolution%202005-20.pdf
3. Anti-Human Trafficking Manual for Criminal Justice Practitioners Module 12, UNODC/
UN.GIFT
http://www.unodc.org/documents/human-trafficking/TIP_module12_Ebook.pdf
4. Toolkit to Combat Trafficking in Persons Tool 5.17, 5.18, UNODC
http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_5-17.pdf
http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_5-18.pdf
5. Facilitating Witness Co-operation in Organized Crime Cases: an international review, Home
Office of the UK
http://rds.homeoffice.gov.uk/rds/pdfs05/rdsolr2705.pdf
http://siteresources.worldbank.org/NEWS/Resources/Star-rep-full.pdf
6. Good Practice in Whistleblowing Protection Legislation (WPL), U4
http://www.u4.no/helpdesk/helpdesk/query.cfm?id=207
7. Whistleblowing International Standards and Developments, David Banisar
http://www.corrupcion.unam.mx/documentos/investigaciones/banisar_paper.pdf
8. Whistleblower Protection Act (Japan)
http://www.cas.go.jp/jp/seisaku/hourei/data/WPA.pdf
9. For Victims of Crime by Japanese Prosecutors Office
http://www.moj.go.jp/ENGLISH/CRAB/crab-02.html
C. UNAFEI Resource Materials
1. UNAFEI Fourth Regional Seminar on Good Governance for Southeast Asian Countries(i) Ms. Anne Katharina Zimmermann: “Securing Protection and Cooperation of Witnesses andWhistle-blowers − An overview of the law as it stands in Germany”(ii) GG4 Recommendations

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2.

Resource Material Series No. 58 (2001, excerpt)
http://www.unafei.or.jp/publications/Resource_Material_58.htm
Report of the 116th International Training Course by Group 2, Phase 2: “Method for
Obtaining the Cooperation of Witnesses to Punish Organized Criminals: The Immunity System
and Witness Protection Programmes”
3. Resource Material Series No. 59 (2002, excerpt)
http://www.unafei.or.jp/publications/Resource_Material_59.htm
Report of the 119th International Training Course by Group 2, Phase 2: “Criminalization ofParticipation in an Organized Criminal Group and Conspiracy, Immunity System, and Witness
and Victim Protection Programmes”
4. Resource Material Series No. 73 (2007, excerpt)
http://www.unafei.or.jp/publications/Resource_Material_73.htm(i) Mr. Severino H, Gaña, Jr. (Philippines): “The Philippine Experience in the Investigation andProsecution of Trafficking in Persons and Smuggling of Migrants, with Special Focus on
Punishing the Traffickers”(ii) Mr. Giuliano Turone (Italy): “Legal Frameworks and Investigative Tools for Combating
Organized Transnational Crime In the Italian Experience”(iii) Report of the 134th International Training Course by Group 1: “Measures to Facilitate
Information and Testimony by Key Witnesses”

19

Experts and Participants List

Visiting Experts
Ms. Karen Kramer

Senior Expert
Division for Treaty Affairs
UNODC

Mr. Robert E. Courtney III

Department of Justice Attaché
Embassy of the United States in the Philippines
USA

Mr. Severino H. Gaña, Jr.

Deputy Prosecutor General
National Prosecution Service
Department of JusticeRepublic of the Philippines

Overseas Participants
Mr. Roland Cornelius Cobbler

Sergeant
Community Policing
Royal Barbados Police
Barbados

Mr. Rafael Armando Ascencio
Menjivar

Head of Administration
Victim and Witnesses Protection Program
Executive Technical Unit of the Justice Sector
El Salvador

Mr. Amitabh Thakur

Superintendent
Anti-Corruption Branch
Department of Personnel
Central Bureau of Investigation
India

Mr. Igusti Ngurah Agung Suandika

Head of Subsection
Planning and Activity of Peace andHumanity,
International Relations Division
Indonesian National Police
Indonesia

Mr. Krishna Murari Shiwakoti

Under Secretary (Bench Officer)
Full Bench Division
Supreme Court of Nepal
Nepal

20

Mr. Narayan Prasado Panthee

Deputy Registrar
Litigation Department
Supreme Court of Nepal
Nepal

Mr. Azael Samaniego Ivaldy

Mayor Officer III
Auxiliary Public Prosecutor’s OfficePublic Minister
PanamaMr. Brian Kipling SamuelInspector in Charge
Drug Squad
Royal Saint Lucia Police ForceSaint Lucia

Mr. Barnabas David Mwakalukwa

Crime Analyst (Superintendent)
Police Operations
Crime Prevention Unit
Tanzania

Mr. Ayub Yusuf Mwenda

Senior State Attorney
Directorate of Public Prosecution
Attorney General’s Chambers
Tanzania

Japanese Participants
Ms. Masako Kariya

Public Prosecutor
Kobe District Public Prosecutors Office
Himeji Branch

Ms. Shiori Nakagawa

Narcotic Agent
Narcotic Control Department
Kyushu Regional Bureau of Health andWelfareMr. Tomoyuki Nakahata

Public Prosecutor
Shizuoka District Public Prosecutors
OfficeMr. Kazuaki Watanabe

Assistant Judge
Akita Family Court, Odate Branch

Mr. Kousuke Yokomaku

Public Prosecutor
Branch Chief
Gifu District Public Prosecutors OfficeTajimi Branch

21

INFORMATION ABOUT FORTHCOMING PROGRAMMES1.

The 14th UNAFEI UNCAC Training Programme
The 14th UNAFEI UNCAC Training Programme: Effective Legal and Practical Measuresagainst Corruption will be held from 13 October to 10 November 2011. Twenty two participants
will attend: 16 overseas participants and six Japanese participants.
2.

The 17th Seminar on Crime Prevention and Criminal Justice for the People’s Republicof China
The 17th Seminar on Crime Prevention and Criminal Justice for the People’s Republic ofChina will be held from 15 to 30 November 2011. Fourteen criminal justice officials from thePeople’s Republic of China will attend. The theme of the seminar will be “Public Disseminationof Legal Knowledge”.
3.

The Fifth Regional Seminar on Good Governance for Southeast Asian Countries
The Fifth Regional Seminar on Good Governance for Southeast Asian Countries will beheld at UNAFEI, in Tokyo, Japan, from 7 to 9 December 2011 and will focus on “Preventing
Corruption: Administrative and Criminal Justice Measures”. Sixteen senior government officials
from eight Southeast Asian countries and two visiting experst will attend.
4.

The 150th International Senior Seminar
The 150th International Senior Seminar will be held from 12 January to 9 February 2012.
The theme of the Seminar will be “Human Trafficking”. Twelve government officials fromoverseas will attend, along with two overseas course counsellors and eight Japanese participants.
Rationale
Trafficking in persons is a heinous crime that grievously harms its victims. Every year,
thousands of men, women, and children are trafficked and subjected to sexual exploitation, forced
labour, slavery or other forms of exploitation. Many of them are exposed to multiple and chronic
traumatizing events such as restriction of movement, direct physical violence, and verbal andpsychological abuse, causing a number of physical and mental health problems that are difficult
to recover from.
The growing recognition that trafficking in persons is a global problem resulted in the
adoption of the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children,” supplementing the United Nations Convention against Transnational
Organized Crime.
The Protocol entered into force on 25 December 2003, and its purposes are: (a) to preventand combat trafficking in persons, paying particular attention to women and children; (b) toprotect and assist the victims of such trafficking, with full respect for their human rights; and (c)to promote cooperation among States Parties in order to meet those objectives (Article 2).
Prevention
Human trafficking is difficult to detect, and once committed, its negative impacts on
victims are difficult to redress. Therefore, prevention should be a major component of any antihuman trafficking policies or programs. In this regard, the Trafficking in Persons Protocol requires
States Parties to strengthen border control (Article 11) and take measures to prevent the misuseof travel and identity documents (Article 12). Awareness raising efforts (Article 9) are alsoessential as they can alert vulnerable groups to the risks of victimization; mobilize public support
for measures to detect and prevent trafficking; and encourage victims to come forward.

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Prosecution
Trafficking in persons is carried out by several actors in an organized and clandestine way.
Traffickers change methods and routes constantly, and victims are often transported across national
borders. These elements make trafficking in persons a particularly difficult crime to investigate andsuccessfully prosecute. Witness protection, measures to encourage accomplice testimony, andspecial investigative techniques such as controlled delivery, electronic surveillance, and undercover
operations are examples of useful tools to prosecute sophisticated organized criminal activity.
Another characteristic of trafficking in persons cases is the often-encountered difficulty inobtaining the full cooperation of the victims. They are placed under a blend of control measures
such as violence, coercion, and deception by the traffickers, and many of them are led to believe
it disadvantageous to cooperate with the authorities. They may even show hostility towards law
enforcement officers. Investigators and prosecutors need to know how to deal with thesechallenges.
Victim Protection
The Trafficking in Persons Protocol contains several specific provisions calling forprotection of trafficking victims. States Parties are required to consider implementing measures toprovide for physical, psychological, and social recovery of victims, including provision of
appropriate housing; medical, psychological and material assistance; and employment, educationand training opportunities (Article 6 paragraph 3). In addition, States Parties are required toconsider adopting measures that permit victims to remain in their territories (Article 7), and theyshould also cooperate and facilitate the repatriation of the victims (Article 8).
Promoting International Cooperation
A significant proportion of trafficking in persons cases are transnational, and even domestic
cases may involve victims or offenders who originate from an outside jurisdiction. Thesetransnational elements aggravate the complexity and difficulties of investigation and prosecution.
Varying legal requirements and restrictions, jurisdictional problems, differences in criminal
law and procedure, lack of coordination, and translation and language problems are some of themost frequently experienced barriers to international cooperation and mutual legal assistance.
Objectives of the Programme
The objective of this Seminar is to offer participants an opportunity to share experiences,
gain knowledge, and examine measures against trafficking in persons. In order to achieve thispurpose, the Seminar programme will provide an opportunity to examine the current situations andproblems existing in the respective countries.
Specific topics to be addressed are the following:(1) Definition of trafficking in persons(2) The actual situation of trafficking in persons(i) The current situation of trafficking in persons;(ii) Modus Operandi and means of trafficking in persons;(iii) Forms of exploitation;(iv) Analysis of the causes of trafficking in persons.
(3) Measures for Prosecution(i) Criminalization of trafficking in persons and related acts;(ii) Obstacles to the investigation of trafficking in persons;(iii) Detecting trafficking in persons;

23(iv) Victim-related issues (Identification of victims, interviewing victims, and victim protection
during investigations;(v) Witness protection and measures to encourage co-operation (immunity grants, mitigation ofpunishment, etc.;(vi) Special investigative techniques (controlled delivery, electronic surveillance, undercover
operations, etc.);(vii) International cooperation (extradition, mutual legal assistance, law enforcement cooperation);(viii) Confiscation of proceeds of crime.
(4) Measures for Protection(i) Immigration Status;(ii) Assistance for living (residence, translation, medical care, psychological care, etc.);(iii) Reintegration (education, vocational training, etc.);(iv) Assistance for return;(v) Assistance for restitution and compensation.
(5) Measures for Prevention(i) Border control;(ii) Measures against misuse of travel and identity documents;(iii) Awareness raising.

24

ADMINISTRATIVE NEWS

Faculty Changes
Director Masaki Sasaki was transferred and appointed Chief of the Sapporo Public
Prosecutors Office on 1 August 2011.
Mr. Tatsuya Sakuma, formerly Chief of Otsu Public Prosecutors Office, was appointed the
new Director of UNAFEI, and took office on 5 August 2011.
Overseas Trips by Staff
Professor Ayako Sakonji, Professor Mayu Yoshida, Chief of Secretariat Takashi Hagiwara
visited China from 5 to 12 July 2011 to meet Chinese criminal justice officials in preparation for
the 17th Seminar on Crime Prevention and Criminal Justice for the People’s Republic of China,
to be held at UNAFEI in November 2011.
Professor Ryo Tsunoda and Professor Yuichiro Wakimoto were dispatched to Nairobi,
Kenya, from 12 August to 10 September 2011, and from 5 August to 3 September 2011,
respectively, to provide technical assistance to the Project for Capacity Building of Child Care andProtection Officers in the Juvenile Justice System of Kenya.
Professor Ryo Tsunoda and Professor Yuichiro Wakimoto attended the 13th International
Corrections and Prisons Association Annual General Meeting and Conference in Singapore from11 to 17 September 2011.
Director Tatsuya Sakuma visited Cambridge, England from 3 to 7 September 2011 toattend 29th International Symposium on Economic Crime. Director Sakuma made a keynote
address at the Symposium.

25

FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Tatsuya Sakuma
Mr. Haruhiko Ukawa
Mr. Motoo Noguchi
Mr. Naoyuki Harada
Ms. Kumiko Izumi
Mr. Fumihiko Yanaka
Mr. Yuichi Tada
Mr. Haruhiko Higuchi
Mr. Ryo Tsunoda
Mr. Yuichiro Wakimoto
Ms. Ayako Sakonji
Ms. Mayu Yoshida
Ms. Grace Lord
Secretariat:
Mr. Takashi Hagiwara
Mr. Katsuhiko Jimbo
Mr. Seiichi Sugiyama

Director
Deputy Director
Professor
Professor
Professor
149th Course Deputy Programming Officer
Professor
149th Course Programming Officer
Professor, Chief of Training Division
Professor
Professor, Chief of Information and LibraryService Division
Professor, Chief of Research Division
Professor
Professor
Linguistic Adviser

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

General and Financial Affairs Section:
Mr. Hiroki Miyazaki
Chief
Mr. Takayuki Suzuki
Mr. Takashi Okaniwa
Training and Hostel Management Affairs Section:
Ms. Yoshiko Tani
Chief
Ms. Makiko Sasabe
Mr. Masato Honda
149th Assistant Programming Officer
Mr. Shinichi Inoue
Ms. Kanami Tashima
International Research Affairs Section:
Mr. Shinichi Yamamoto
Chief
Ms. Naoko Iwakata
Librarian
Secretarial Staff:
Ms. Hisayo Yamada
Kitchen:Ms. Sae Sakai

Chef

JICA Co-ordinator for the 149th Course:
Ms. Kiyomi Hoshino

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