No. 106
November 2001

Established1961
IN THIS ISSUE
Page

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

THE 119TH INTERNATIONAL TRAINING COURSE.................................................................................................. 3

CURRENT SITUATION OF AND COUNTERMEASURES AGAINST TRANSNATIONALORGANIZED CRIME
Course Rationale....................................................................................................................................................... 3
Course Summary ...................................................................................................................................................... 6
Lecture Topics .......................................................................................................................................................... 7
Individual Presentation Topics ............................................................................................................................. 10Group Discussion Sessions .................................................................................................................................... 12Group 1 Phase 1
Group 2 Phase 1
Group 3 Phase 1
Group 1 Phase 2Group 2 Phase 2Group 3 Phase 2
Observation Visits .................................................................................................................................................. 37
Group Study Tours................................................................................................................................................. 38
Special Events ......................................................................................................................................................... 40
Reference Materials Distributed........................................................................................................................... 43
Visiting Experts ...................................................................................................................................................... 48
Participants .............................................................................................................................................................. 49

INFORMATION ABOUT PROGRAMMES .................................................................................................................... 52
Recent Activities..................................................................................................................................................... 52
Forthcoming Training Programmes.................................................................................................................... 53
The 120th International Seminar .......................................................................................................... 53
Forthcoming Activities........................................................................................................................................... 54
ADMINISTRATIVE NEWS................................................................................................................................................ 55
FACULTY & STAFF OF UNAFEI .................................................................................................................................... 56

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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LETTER FROM THE DIRECTOR
It is my privilege to inform readers of the successful completion of the 119th International
Training Course on “Current Situation of and Countermeasures against Transnational Organized
Crime”, from 10 September to 1 November 2001. In this Course we welcomed 11 Japanese and16 overseas participants: 10 from Asia, 4 from South America, and 2 from Africa. They included
members of the police, judiciary and other high-ranking public officials. As this newsletter
demonstrates, this Course was extremely productive. It consisted of Individual Presentations,Group Workshop Sessions, visits to relevant criminal justice agencies, and presentations by visiting
experts and ad hoc lecturers.
This training course coincided with a historic change in the attitude of the world tochallenging international organized crime. The entire perspective with which countries around theworld approach international organized crime changed forever after the atrocities in the USA on 11
September 2001. These tragedies marked the second day of this Course and the resultant
investigations prevented two of our visiting experts, who were due to attend, from coming to
UNAFEI. Working against the background of the incidents in the USA and the following events,
the participants engaged themselves admirably in the subject matter of this course. In doing so they
responded to the global community’s call for improved international cooperation and reflected thedesire of the world to develop new strategies against international organized crime.
The 119th International Training Course further proved to be significant and timely in that it
was held when the United Nations Convention on Transnational Organized Crime (hereinafter the“UN TOC Convention”) is soon expected to enter into force by ratification of the many member
states. The General Assembly adopted the UN TOC Convention in November 2000 and lastDecember, in Palermo, Italy, the Convention was signed by more than 120 countries. At present
132 countries have already signed and 10 of these countries are represented by the participants’countries.
The TOC Convention provides us with both the tools and the blueprint with which we cancombat transnational organized crime. This should go hand in hand with various methods which
need to be adopted at all levels of the criminal justice system. At the legislative level, criminalizationof participation in an organized criminal group, establishment of money laundering offences, adoptionof confiscation measures, and criminalization of the bribery or intimidation of witnesses and officials
are recommended.
This Course examined the current trends and issues in investigating such crimes, particularly
the expansion of investigative techniques in the areas of electronic surveillance, controlled delivery,
undercover operations, immunity systems and witness and victim protection programmes. It is
recognized that transnational organized crime is increasing in the global community at a rate thatdemands action from us all. Its perpetration, by either explicitly or implicitly criminal organizations,has proved a serious problem in various countries of the world, including those in the Asia-Pacificregion.
The effectiveness of surveillance and investigative techniques for transnational organizedcrime needs to be secured through corresponding changes in domestic and international legislative
provisions and legal practices. As is evident now, more than at any time before, without acoordinated and cooperative approach between all criminal justice agencies - locally, nationally andglobally - the prevalence and growth of transnational organized crime will not be contained.

2

During the eight-week period, the participants diligently and comprehensively examinedmeasures to prevent and combat transnational organized crime. This was accomplished primarily
through comparative analysis of the current situation of and problems in investigative practices,
including legislative and technological issues, in relation to such crime. Our in-depth discussions
enabled us to put forth effective and practical solutions to the emerging and existing problems oforganized crime in the global society.
I would like to offer my sincere congratulations to all the participants for their successful
completion of the Course, made possible by their strenuous efforts in particularly difficult global
times. My heartfelt gratitude goes to the visiting experts and ad hoc lecturers who contributed agreat deal to the Course's success. Furthermore, I appreciate the indispensable assistance andcooperation extended to UNAFEI by the various agencies and institutions which helped diversify the
programme.
A warm tribute must be paid to the Japan International Cooperation Agency (JICA) for its
immeasurable support throughout the Course. At the same time, I must express great appreciation
to the Asia Crime Prevention Foundation (ACPF) and its branch organizations for their substantial
contributions. Lastly, I owe my gratitude to all the individuals whose unselfish efforts behind thescenes contributed significantly to the successful realization of this 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 contribute significantly tothe improvement of their respective nation's criminal justice systems, and to the international society
as a whole.
Finally, I would like to reiterate my best regards to the participants of the 119th International
Training Course. I hope that the experience they gained during the Course proves valuable in their
daily work, and that the human bonds fostered among the participants, visiting experts, lecturers and
UNAFEI staff will continue to grow for years to come.

November 2001

Mikinao Kitada
Director, UNAFEI

3

THE 119TH INTERNATIONAL TRAINING COURSE“CURRENT SITUATION OF AND COUNTERMEASURES AGAINSTTRANSNATIONAL ORGANIZED CRIME”
Course Rationale

In proportion to the expansion of the international exchange in people and goods, thenumber of transnational crimes has been increasing. Transnational criminal organizations have beenamong the first to take advantage of the new global reach made possible by the revolutions incommunications, transportation and commerce. Transnational organized crime is a growing threat tothe security of the international society and the stability of sovereign states. It undermines theintegrity of legitimate national economies, global financial systems, the rule of law and fundamentalsocial values.
Drug trafficking, money laundering, use of violence and extortion, acts of corruption,
trafficking in women and children, illicit manufacturing of and trafficking in firearms, the illegal
trafficking and transportation of migrants, computer-related crime, and the illegal trafficking in stolen
vehicles, perpetrated under the influence of criminal organizations, have been serious problems
throughout the world, including Asia and the Pacific region. For example, the smuggling of migrants
disrupts the established immigration policies of the destination countries and often involves humanrights abuses. The exploitative nature of the trafficking in human beings often amounts to a modern
form of indentured servitude, with forced prostitution ranking highest among the means of
exploitation. Smuggling and trafficking have become major sources of income for criminalorganizations at the national and international level.
In recognition of the gravity of the above-mentioned situation, the United Nations has given
special attention to the issue of transnational organized crime. In November 2000, the General
Assembly adopted the United Nations Convention against Transnational Organized Crime(hereinafter referred to as “the TOC Convention”), with its two protocols on trafficking in persons(especially women and children) and the smuggling of migrants, respectively. The TOC Convention
was opened for signature by member states in December 2000 in Palermo, Italy. More than 120
countries attended the Conference and signed the TOC Convention, which will be open for
signature until 12 December 2002, in New York, USA.
One of the most important tasks for the criminal justice system is to expose the illegal
activities of organized criminals, as well as their structures, and to punish them effectively. However,organized criminals often remain undetected and beyond arrest because of the difficulties andcomplexity inherent to the investigation of organized crime. In particular, it is difficult to penetrate
into the core of organized criminal groups and to catch their ringleaders. In order for law
enforcement officials to reach such criminals, they need innovative legal weapons.
The TOC Convention requires party countries to introduce a variety of remarkablecountermeasures to combat transnational organized crime. One of the most significant articles is
Article 5, requiring member states to criminalize participation in an organized criminal group. Article
20 requires member states, within its possibilities and under the conditions prescribed by its
domestic law, to take necessary measures to allow for the appropriate use of controlled delivery,
electronic surveillance and undercover operations. Similarly, Article 26 refers to mitigating
punishment for a cooperative accused and immunity from prosecution to aid in the investigation and4prosecution of organized criminals.
In order for evidence through the above methods to be admitted as substantial evidence intrial, revision of the evidentiary rules in each country may be needed. Member states areencouraged to adopt witness and victim protection measures, such as establishing procedures forphysical protection, and permitting testimony to be given through the use of communications
technology (Articles 24 and 25 of the TOC Convention).
In addition, bearing in mind that organized criminal groups launder the proceeds of theircrime and therefore the criminalization of money laundering is an effective method to containorganized crime, the TOC Convention incorporates comprehensive anti-money laundering clauses in
Articles 6 and 7.
Moreover, international cooperation is indispensable to the combat of transnationalorganized crime. Consequently, the TOC Convention contains very broad and comprehensive
clauses for international cooperation in criminal matters, such as the confiscation of crime proceeds(Article 13), disposal of confiscated proceeds (Article 14), extradition (Article 16) and mutual legal
assistance (Article 18).
It is evident that the TOC Convention provides the international community with very
powerful and effective action against transnational organized crime. Thus in order to both utilize theprovisions of the Convention and to implement effective methods for investigating, prosecuting andpunishing transnational organized criminals, it is significant to analyze the situation of the said crimes,
and to examine the feasibility and modality of the methods to address them.
Taking this background into consideration, UNAFEI, as a regional institute (affiliated with
the United Nations) for the prevention of crime and the treatment of offenders, has decided toundertake a series of international training courses and seminars for the coming years under thegeneral theme of “transnational organized crime”. This course is part of UNAFEI’s continuingcommitment to this internationally important theme.
Giving due consideration to the above rationale, this training course purports to explore theways and means of strengthening and improving methods and techniques in the fight against
transnational organized crime. Particular focus will be given to the effective implementation of the
TOC Convention. Sharing practical information and experiences on how other countries tackle ourcommon issues will facilitate our efforts in the fight against transnational organized crime.
In the discussion of this course, focus will be placed on the following elements:(1) Overview of the Situation of Transnational Organized Crime. Current Situation of:(a) Illicit drug trafficking(b) Illegal firearms trafficking(c) Human (women and children) trafficking(d) Money laundering(e) Others (excluding terrorism)(2) Components and Legal Frameworks for Combating Transnational Organized Crime:(a) Criminalization of participation in an organized criminal group(b) Anti-money laundering systems(3) Tools Facilitating the Investigation of Transnational Organized Crime and Methods for Obtaining

5

Cooperation with Witnesses to Punish Organized Criminals. Current Situation of, Problems andSolutions for:(a) Controlled delivery(b) Electronic surveillance (Wire-tapping, Communications interception etc.)(c) Undercover operations(d) Immunity systems(e) Witness and victim protection programmes(4) Ways and Means of Strengthening and Improving International Cooperation, Particularly
through Implementation of the Mechanism of Mutual Legal Assistance and Extradition.

Course Summary
Lectures
In total, 10 lectures were presented by visiting experts, 5 by ad hoc lecturers and 6 by thefaculty and Deputy Director. Five distinguished criminal justice practitioners from abroad 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 thediscussions of other programmes, and conversing with the participants on informal occasions.

6

Additionally, ad hoc lectures were delivered by distinguished senior officials of the Government ofJapan. Lecturers and lecture topics are listed on pages 7 to 9.
Individual Presentations
During the first three weeks, each Japanese and overseas participant delivered a forty-fiveminute or one-hour Individual Presentation respectively, which introduced the actual situation,
problems and future prospects of his/her country. These papers were compiled into a book entitled"COUNTRY REPORTS FOR THE INTERNATIONAL TRAINING COURSE IN CRIMEPREVENTION" and distributed to all the participants. The titles of these Individual Presentation
papers are listed on pages 10 and 11.
Group Workshop Sessions
Group Workshop Sessions further examined the subtopics of the main theme. In order to
conduct each session effectively, the UNAFEI faculty selected individuals to serve as ‘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, andfaculty members served as advisers. Each group’s primary responsibility was to explore anddevelop their designated topics in the Group Workshop Sessions. The participants and UNAFEI
faculty seriously studied the topics and exchanged their views based on information obtained throughpersonal experience, the Individual Presentations, lectures and so forth. After the Group Workshop
Sessions, reports were drafted based on the discussions in the conference hall. These reports were
subsequently presented in the Report-Back Session, where they were endorsed as the reports of the
Course. Summaries of the Group Workshop reports are provided on pages 12 through 35.
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 36
through 41.

Lecture Topics

UNAFEI Lectures
Mr. Keiichi Aizawa, Deputy Director, UNAFEI• Crimes Related to the Computer Network

7

Professors’ Lectures
1)

Mr. Yasuhiro Tanabe, Professor, UNAFEI• Current Crime Trends in Japan2)

Mr. Yuichiro Tachi, Professor, UNAFEI• Investigation and Prosecution, the Criminal Justice System in Japan3)

Mr. Toru Miura, Professor, UNAFEI• The Criminal Justice System in Japan: the Courts

4)

Mr. Kenji Teramura, Professor, UNAFEI• Institutional Corrections in Japan5)

Ms. Mikiko Kakihara, Professor, UNAFEI• Community-Based Treatment of Offenders in Japan

Visiting Experts’ Lectures
1)

Dr. Matti Joutsen (Finland)• International Cooperation against Transnational Organized Crime: the General Development• Extradition and Mutual Legal Assistance in Criminal Matters• International Cooperation against Transnational Organized Crime: the Practical Experience of
the European Union

2)

Mr. Severino H. Gaña, Jr. (Republic of the Philippines)• The Current Situation of and Countermeasures against Transnational Organized Crime in the
Republic of the Philippines (Part 1)• The Current Situation of and Countermeasures against Transnational Organized Crime in the
Republic of the Philippines (Part 2)

83)

Mr. Dimitri Vlassis (United Nations)• Overview of the Provisions of the United Nations Convention against Transnational
Organized Crime and its Protocols• The Global Situation of Transnational Organized Crime, the Decision of the International

Community to Develop an International Convention and the Negotiation Process• Efforts of the Centre for International Crime Prevention to Promote Expeditious Entry into

Force of the United Nations Convention against Transnational Organized Crime and its
Protocols and Expected Impact of these New Instruments

4)

Mr. James E. Moynihan (United States of America)• The Organization and Role of the FBI in General Including a Brief Overview of other Law
Enforcement Agencies in the U.S.A. which Investigate Transnational Organized Crime

5)

Mr. Edward C. Shaw (United States of America)• The Role of the FBI in Investigating Transnational Organized Crime and the Relationshipbetween Japanese Law Enforcement Agencies and the FBI

Ad Hoc Lectures
1)

Mr. Kenji Higashikawa
Chief Liaison Officer, International Affairs Department, National Police Agency, Japan• Overview of the Police in Japan

92)

Mr. Noriaki Mizuno
Director, Financial Intelligence Office, Financial Services Agency, Japan• The Role of JAFIO and the suspicious Transaction Report System in Japan3)

Mr. Hiroshi Kawamura
Assistant Vice-Minister of Justice (Deputy Director for Criminal Affairs Bureau),
Ministry of Justice, Japan• Current Issues within the Criminal Justice Administration of Japan4)

Mr. Masahiko Okubo
Deputy Director (Superintendent), 2nd Organized Crime Control Division, Criminal
Investigation Bureau, National Police Agency, Japan• Control of Organized Crime in Japan

5)

Mr. Minoru Shikita
Chairman, Board of Directors, Asian Crime Prevention Foundation• Action Against Terrorism

10

Individual Presentation Topics
Overseas Participants
1)

Mr. Oscar Antonio Goyanes (Argentina)• Money Laundering

2)

Mr. Bechem Eyong Eneke (Cameroon)• The Republic of Cameroon Country Report

3)

Ms. Gina Antonella Ramos Giron (Honduras)• The Actual Situation of Organized Crime in Honduras

4)

Mr. Shankar Pratap Singh (India)• Transnational Organized Crime: the Indian Perspective

5)

Mr. Jan Samuel Maringka (Indonesia)• Transnational Organized Crime in Indonesia

6)

Mr. Timur Bulatov (Kyrgyzstan)• General Description of the Drug Situation in Kyrgyztan

7)

Mr. Nouphanh Mahaphonh (Laos)• Crime Prevention: Human (Women and Children) Trafficking

8)

Mr. Zainal Rashid Bin Hj Abu Bakar (Malaysia)• Current Situation of and Countermeasures against Transnational Crime in Malaysia

9)

Mr. Sazali Bin Salbi (Malaysia)• Current Situation of and Countermeasures against Transnational Organized Crime in Relation
to Corruption in Malaysia

10)

Mr. Bhola Prasad Kharel (Nepal)• Country Report

11)

Mr. Saad Imtiaz Ali (Pakistan)• The Present Situation of Transnational Organized Crime and Countermeasures against
Transnational Organized Crime

12)

Mr. Zafarullah Khan (Pakistan)• Country Report

13)

Mr. Miguel Angel Moran Flores (Peru)• Combating Drug Related Crime in Peru

14)

Mr. Sittipong Tanyapongpruch (Thailand)• Transnational Organized Crime in Thailand

11
15)

Mr. Charles Muchwangali (Uganda)• Current Situation of and Countermeasures against Transnational Organized Crime in Uganda

16)

Mr. Raphael Angel Romero Sibulio (Venezuela)• Money Laundering in Venezuela

Japanese Participants
16)

Mr. Masakazu Ameku (Japan)• Overview of Illegal Drug Cases in Japan and Countermeasures Implemented

17)

Mr. Takao Hamada (Japan)• Personal Reflections on the Current Situation and Countermeasures against Transnational
Organized Crime

18)

Mr. Yasunari Hataguchi (Japan)• The Present Condition and Countermeasures of Transnational Organized Crime in Japan fromthe Viewpoint of a Judge

19)

Ms. Mayumi Ichikawa (Japan)• Female Drug Offenders and Organized Criminals in Japanese Prisons

20)

Mr. Tsunekazu Kobashi (Japan)• Controlled Delivery

21)

Mr. Takashi Maruoka (Japan)• Deportation Procedure in Connection with Human Trafficking

22)

Ms. Azumi Misawa (Japan)• Activities of Organized Criminal Groups: Two Cases of Violations of the Immigration

Control and Refugee Recognition Law
23)

Ms. Reiko Ota (Japan)• Current Situation of and Countermeasures against Transnational Organized Crime in Japan24)

Mr. Takahiro Satou (Japan)• Behind the Global Society

25)

Mr. Taizo Yokoyama (Japan)• The Current Situation of the Japanese Law in Combating Transnational Organized Crime

26)

Mr. Masayuki Takeda (Japan)• The Current Condition of Transnational Organized Crime in Japan and the Role of the PSIA in
Making Effective Use of Information Gathering Functions for Measures against Transnational
Organized Crime12Group Workshop Sessions
The following section summarizes the Group Workshop Session reports. The full text of thereports will be included in UNAFEI Resource Material Series No. 59. For this course, thetraditional format of one comprehensive report has been replaced by two separate reports producedby each group on the designated topics.
Group 1
Phase 1ANALYSIS OF THE CURRENT SITUATION OF
ILLICIT DRUG TRAFFICKING

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Ms. Gina Ramos
Mr. Bechem Eyong-Eneke
Mr. Saad Imtiaz Ali
Mr. Takahiro Satou

Advisers

Prof. Toru Miura

Mr. Timur Bulatov
Mr. Miguel Moran
Ms. Mayumi Ichikawa
Ms. Reiko Ota
Mr. Masayuki Takeda
Prof. Sue Takasu
Prof. Kei Someda(Honduras)(Cameroon)(Pakistan)(Japan)(Kyrgystan)(Peru)(Japan)(Japan)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryI.

INTRODUCTION

Illicit drug trafficking is accelerating at an unprecedented pace, spreading very
rapidly across the globe, as a result of rapid globalization. The IT revolution has
reduced the world to a small village and has made communication exceptionally fastand easy. The drug trafficker has found very useful tools to reach his desired
destination with ease and with a high degree of secrecy, speed and specificity (threeS).
II.

CURRENT SITUATIONA.

Global Situation

The recent increase in the scope, intensity and sophistication of crime aroundthe world threatens the safety of citizens everywhere and hampers countries in theirsocial, economic and cultural development.
Drug abuse is a global phenomenon. It affects almost every country, although
its extent and intensity differ from region to region. Drug abuse trends around theworld, especially among youth, have started to rise over the last few decades.
Criminal groups have established international networks to carry out theiractivities more effectively through sophisticated technology and by exploiting today’s
open borders, in some countries. Illicit drug trafficking is one, if not, the biggest of all13transnational organized crimes. A large variety of drugs are involved, the majority ofwhich are cannabis (marihuana and hashish), opiates (opium and heroin), stimulants
and cocaine.
According to the United Nations Office for Drug Control and Crime Prevention,
cannabis continues to be widely cultivated and trafficked. More than 155 countries
reported seizures of cannabis in 1999. In the Central Asian Republics, fields ofcannabis cover several thousands of hectares and these constitute the major source of
supply for the illicit Russian drug market. Indoor cultivation of cannabis continues todevelop especially in the Netherlands, Canada and the U.S.A. Opium production was
however in decline in the year 2000 in some countries .It is mainly produced in
Afghanistan, Myanmar, Laos, Thailand, Colombia and Mexico. The routes used bytraffickers are many.
B.

Country Specific Situation

1.

Cameroon
Cameroon is in a region where drug trafficking is expanding. It is more of a transit than aproducing country. It however produces a very insignificant quantity of marihuana when comparedwith the volume of production in the rest of the world. Much of what is consumed in the country is
smuggled into it from the neighboring countries, especially from Nigeria. Cameroon does not growcocaine. At present there are no known groups in the illicit drug business in Cameroon.
2.

Honduras
Drug trafficking in Honduras has increased in the last few years because it hasa very good geographical location, i.e., it lies in the heart of Central America and,adjacent to two oceans. That is an advantage for the drug traffickers. In the south ofthe country drugs are smuggled in by land, most of the time from Nicaragua and El
Salvador, and in the north of the country the trafficking is more often carried out by
sea, and drugs from Colombia reach Honduras via speed boats.
Honduras is not only a transit country but it also has a lot of consumers. The
trafficking occurs not only inside the country but there is international trafficking
among the countries of South and Central America. Traffickers use Honduras as atransit country for a final destination, that is, the U.S.A.
3.

Japan
The most frequently abused drugs in Japan are stimulant drugs (mostly metamphetamine)and the second is cannabis. In the year 2000, the seizure of stimulant drugs totaled 1,026.9 kg.
Arrests made in violation of the Stimulant Drug Control Law totaled 18,942. The seizure of driedcannabis amounted to as much as 306.4 kg. The main sources of stimulant drugs are traced toChina and North Korea. Most of the cannabis came from the Philippines, Thailand and Netherlands.
4.

Kyrgyzstan
In Kyrgyzstan the most commonly abused drugs are opiates (opium and heroin). Cannabis
use is gradually increasing. A small amount of stimulant drugs such as ecstasy is also abused. Opium
is produced in Afghanistan. Most of the opium is transferred to Europe and the USA through Russia,
and the rest are consumed in Kyrgyzstan. Cannabis is produced in Kyrgyzstan. Approximately 90%
of cannabis is exported to Russia, and the rest is consumed in Kyrgyzstan. Stimulant drugs likeecstasy is produced in Europe, and trafficked to Kyrgyzstan through Russia and consumed in
Kyrgyzstan.

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The world center of illegal drug production is shifting from the so-called Golden Crescent(area of Iran, Afghanistan, Pakistan and northern part of India) to Afghanistan intensively. It has
resulted in an increase of drug trafficking in its neighbor countries, mainly in Central Asia. The mass
production of illegal drugs in Afghanistan has led to a decline of price in the world drug market. It
also has a great influence on Kyrgyzstan, and drug abusers have increased at a greater rate than
before.
5.

Pakistan
Drug trafficking is presently, in all probability, one of the biggest illegal national andtransnational activities earning titanic profits (and generating other transnational crimes) andthreatening present and future economies and generations. The drugs situation in Pakistan has
improved almost miraculously so much so that by 1999-2000 only 16.8 tons of heroin yields was
possible as compared to 800 tons in 1979-1980. Pakistan is thus struck off the list of producer
countries but has become a victim and a transit country.
The increase in poppy cultivation in Afghanistan since 1993 and growth in the sophisticationof the Afghan drug trade is putting enormous pressure on the Government of Pakistan’s bordercontrol efforts and Pakistani society. Successful interdiction operations occur, but traffickers havesuperior firepower and faster vehicles, the territory is enormous and law enforcement is widelydispersed, with little mobilization capacity. This means more problems in fighting this type of crime.
III.

CONCLUSION

A careful examination of the current situation with special reference to our respective
countries shows that drug trafficking is a gigantic concern. Well-organized groups really threaten theinternal security of the nations of our globe. Further analyses show that formerly transit countries areprogressively becoming consuming countries. The modus operandi of transporting these drugs ischanging day by day both in scope and complexity and it often requires devising new methods ofdetection and adequate controls.
To reduce or eliminate drug abuse, governments and the UNDCP need up-to-date statistics
on who is taking drugs and why. Drug abuse cuts across age, class, ethnic and gender lines. People
with drug abuse problems have different needs. Women, the young, the poor, refugees and ethnic
and religious minorities need easier access to early intervention and services. Once in treatment, drug
abusers may need job training and referrals, assistance in finding housing and reintegration into
society. Drug abusers who commit crimes require alternative treatment in order to break the cycle ofdrug abuse and crime.

Group 2Phase 1Chairperson

CURRENT SITUATION OF ILLEGAL FIREARMS TRAFFICKING
AND HUMAN (WOMEN, CHILDREN AND MIGRANTS)
TRAFFICKING

Mr. Zafarullah Khan

(Pakistan)

15

Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Yasunari Hataguchi
Mr. Sittipong Tanyapongpruch
Mr. Takashi Maruoka
Mr. Nouphanh Mahaphonh
Mr. Zainal Rashid Bin Hj Abu Bakar
Mr. Bhola Prasad Kharel
Mr. Charles Muchwangali
Mr. Takao HamadaProf. Yasuhiro Tanabe
Prof. Hiroshi Tsutomi
Prof. Mikiko Kakihara

Advisers(Japan)(Thailand)(Japan)(Laos)(Malaysia)(Nepal)(Uganda)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryI.

INTRODUCTION

Although this planet has many beautiful things for us to enjoy, on the dark side there are still
the unpleasant activities of transnational organized criminal groups. Their operations exist in various
forms, including but not limited to, illegal firearms trafficking and human trafficking.
Illegal firearms’ trafficking has recently developed into a serious problem. Many of thefirearms are mainly smuggled for internal use of one nation. However, there are certain amounts offirearms that have been smuggled by criminal groups for making profit as well as for fueling theoperation of international terrorism.
Human trafficking, especially in women, children and migrants is another area that has
increased recently in terms of volume and practice. The International Organization for Migration(IOM) estimated that the global human trafficking industry generates up to US$ 8 billion each year
from this “trade on human misery.” Nearly 2 million children are abused and trafficked globally
every year.
II.

ILLEGAL FIREARMS TRAFFICKING

The term “illegal trafficking” includes any form of transfer where firearms, parts, components
or ammunition move from one country to another without the approval of the countries concerned.
Basically there are three categories of country involved in this type of trafficking as follows:
(i)
(ii)
(iii)
A.

Illegal manufacturing countries
Transit countries
Effected countries

African continent
In Uganda, Tanzania and Nigeria, illegal firearms come from their neighboring countries.

B.

Asian Continent
In Pakistan, certain categories of weapons are illegally manufactured in its tribal areas.

16

Pakistan is also an effected country. The reason is that from 1979 to 1988, when the people ofAfghanistan fought a war with the former Soviet Union, many categories of weapons entered thiscountry. In Nepal firearms are mainly smuggled for the purpose of dacoits and political activities
from the neighboring countries.
In India, the state of Punjab was affected by terrorist activities during the 1980’s, and Jammu
and Kashmir has been particularly vulnerable to arms trafficking across the border. Thailand isfound to be a transit and effected country. In the past 10 years, a number of firearms have beensmuggled in and out of Thailand into Burma and Cambodia. The Philippines is an illegal
manufacturing and effected country. Malaysia is an effected country. Investigations show that mostof the firearms are smuggled from neighboring countries such as Thailand and the Philippines either
by organized groups or individuals where they can be obtained quite cheaply and easily.
Papua New Guinea is considered to be an effected country. Papua New Guinea is also facedwith increasing illegal firearms trafficking. Reports indicate that firearms trafficking occur in areas
like the highlands where people have been using them in their tribal fights.
Japan could be categorized as one of the effected countries by the trafficking of firearms. In
Japan, the possession of firearms is strictly controlled by the Firearms and Swords Control Law.
However, occasionally firearms are used in crimes, especially in robbery cases. The majority ofauthentic handguns seized were trafficked into Japan from foreign countries by crime syndicates.
C.

Latin American Continent

Argentina, Venezuela, Brazil and Honduras have the same problem where weapons havebeen smuggled into these countries. A few organized gangs in Honduras have a capability to
manufacture their own hand made guns and almost all the juveniles in those groups have one eachand they often use them in committing crimes.

III. HUMAN (WOMEN, CHILDREN AND MIGRANTS) TRAFFICKING
Trafficking in human beings implies illegal movement of people from one country to anothercountry in violation of existing national laws and procedures. In human trafficking activity, attention
has been paid mostly to women and children because they can be easy victims. Basically, there are
2 categories of country involved in this human trafficking as follows:
(i)
(ii)

Source countries
Destination counties

Focusing on the trafficked persons, there are two types of human trafficking. Some persons,
mainly women and children, are forced to engage in labor including prostitution in exchange formoney and are exploited. Thus, they are engaged in so-called forced labor. On the other hand,some persons voluntarily engage in illegal work with the purpose of getting money. They are socalled illegal immigrants.
A.

Global Perceptions of Human Trafficking - African Continent

17

Apart from South Africa and Libya, the other countries in Africa are source countries ofhuman trafficking. South Africa is a destination country for trafficked persons. Furthermore thecountry is also a transit point for trafficking operations between developing countries and Europe,
the United States and Canada.
B.

Global Perceptions of Human Trafficking - Asian Continent

Laos, Burma, Cambodia and Nepal are source countries. India, China, Thailand andMalaysia are both source and destination countries for trafficked persons. Young women fromIndonesia, Thailand and the Philippines are trafficked into Malaysia for sexual exploitation.
Pakistan’s domestic flesh trade does not appear to be backed by powerful organized criminal
networks as it is in other countries of the world. A large number of Indian young girls from southern
India have been sent to Saudi Arabia and Gulf countries for the same purpose of sexual exploitation.
Moreover certain syndicates have been identified who send men and children to labor in westernand far eastern countries, including Japan and certain rich Arab countries.
In Japan, although there are a few instances of trafficking in the strict sense, there are manyillegal immigrants (smuggling).
IV.

ANALYSIS

A.

Causes1.

Illegal Firearms Trafficking
Focusing on the causes of the above-mentioned kinds of trafficking, some factors can beseen in common. Apparently, one of the common causes is the fact that these two kinds oftrafficking could bring enormous sums of monetary benefit, both in cash and in kind to transnational
crime organizations.
It is analyzed that illegal arms proliferation is a global phenomenon. It has extracted a heavy
toll in terms of human lives and socio-economic development of entire regions.
In Asia,
especially Afghanistan the death toll has passed 200,000 (dead and injured during the war) and is
still rising. In India, Pakistan, Cambodia, Sri-Lanka and some African states, they continue to see
conflict related deaths in the hundreds.
In Latin American and countries such as Argentina, Brazil, and Honduras, firearms were
exchanged for illegal drugs and money making. The relationship between arms and narcotic dealers
overlaps, thus creating a deadly combination. It is analyzed that illegal trafficking of arms disturbs
the public peace, tranquility and disturbs the balance of the economy – thus reducing the reliance ofthe public on government organization, thereby causing anarchy.
2.

Human Trafficking
It is analyzed that the favorite destinations of illegal migrants are the developed industrialized
nations like the U.S.A, Japan, Canada, Germany and France. Most women from under developed
countries wind up as sex slaves or maidservants in the abovementioned countries.
The problem has increased in both size and seriousness by the growing involvement oforganized crime groups. These groups have disrupted the immigration policies of the governments.
Therefore there are substantial humanitarian concerns and issues related to the global problem ofalien smuggling.

18

B.

Modus Operandi

1.

Illegal Firearms Trafficking
The modus operandi (hereinafter “m.o.”) of the trafficking route is as follows:(a) Firearm arrives in receiving country as undeclared or misdeclared item and included withother goods, consigned to a fictitious name and address.
(b) Firearm can also be dismantled into pieces and included among metal items or machineryparts legally imported or exported in containerized cargo.
(c) Firearms are sometimes thrown from vessels, boats and etc. at pre-arranged areas somedistance from the shore where they are later picked up by small boats and brought toundisclosed places.

2.

Human Trafficking
The modus operandi of the trafficking route is as follows(a) Some persons arrive at the destination hiding in the container cargo. This sea route is the
typical and traditional m.o.
(b) Some persons take airplanes with forged or altered passport and other necessary
documents. This air route is a relatively new one.

V.

CONCLUSION

Looking at the current situation, we urgently need to take the necessary countermeasuresagainst trafficking in firearms and humans. These crimes have tremendous harmful effects on eachcountry involved. Firearms’ trafficking causes social and political instability, and human trafficking
results in disruption of families in source countries and economic and social disorder in effected
countries as well as violation of human rights of victims, especially women and children.
International law and other legal frameworks have regrettably been insufficient to combat thesecrimes. Law enforcement in each country and international cooperation in this field seems to havebeen ineffective and inefficient so far. Taking into due consideration such situations, the U.N.
Convention against Transnational Organized Crime and the Protocol against trafficking in persons
especially women and children, and the Protocol against the smuggling of migrants were adopted in
November of last year. The Protocol against Illicit Trafficking, Parts, Its components andAmmunition was also adopted in May of this year. All agencies involved in criminal justice have to
make every effort to eradicate trafficking in firearms and humans by fully utilizing these new legal
tools.

19

Group 3Phase 1ANALYSIS OF CURRENT SITUATION OF MONEY LAUNDERING

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. Shankar Pratap Singh
Mr. Masakazu Ameku
Mr. Jan Samuel Maringka
Mr. Oscar Antonio Goyanes
Mr. Sazali bin Salbi
Mr. Tsunekazu Kobashi
Ms. Azumi Misawa
Mr. Rafael Romero
Mr. Taizo Yokoyama
Deputy Director Keiichi Aizawa
Prof. Yuichiro Tachi
Prof. Kenji Teramura(India)(Japan)(Indonesia )(Argentina)(Malaysia)( Japan )(Japan)(Venezuela)( Japan )(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryI.

A BRIEF OVERVIEW

Money laundering briefly means “making dirty money look clean”. It can be defined as, “theprocessing of the criminal proceeds to conceal their illegal origin.” The objective of the money
launderer is to disguise the illicit origin of the substantial profits generated by the criminal activity, sothat such profits could be used as if they were derived from a legitimate source.
The extent of money laundering is difficult to estimate since it is an illegal activity for which
no exact data or statistics are available. However, the International Monetary Fund (IMF) has
estimated that the aggregate size of money laundering in the world could be somewhere between
two to five percent of the world’s gross domestic product (GDP). Using 1996 statistics, this would
translate into approximately US $590 billion to US $1.5 trillion, which reflects the magnitude of the
problem.

20

Experience further discloses, that a money laundering operation basically consists of threephases or stages. The first phase is the “placement” i.e. where cash enters the financial system. The
second phase consists of “layering” i.e. where the money is routed through a number of transactions
so that any attempt to trace the origin of money is lost. The last or the third phase consists of“integration” i.e. the money is brought back into the economy with the appearance of legitimacy andthus, integrated within the lawful economy leaving no trace of the illegal money for the various law
enforcement agencies of the different countries.
II.

GLOBAL CONCERN

Realizing the gravity of the problem, the United Nations (UN) adopted the Vienna
Convention, 1988 against the Illicit Traffic in Narcotics, Drugs, and Psychotropic substances which,inter alia, incorporated incrimination of money laundering in an international treaty for the first time.
The Financial Action Task Force (FATF) was founded in 1989 by the G7 summit in Paris,
to examine methods to combat money laundering. It published its report in 1990, in which the Forty
Recommendations were made to combat the menace of money laundering. The UN adopted theConvention against Transnational Organized Crime in November 2000 and this was opened forsignatures by member states in December 2000. This convention requires member states to further
intensify and fortify their efforts against money laundering.
III.

LEGISLATIONIn Japan, the "Law Concerning Special Provisions for the Narcotic and Psychotropic
Control Law, etc., and Other Matters for the Prevention of Activities Encouraging Illicit Conducts
and Other Activities Involving Controlled Substances Through International Cooperation"(hereinafter, the Special Narcotics Law) was concluded on 2 October 1991 and enforced from 1
July 1992. Furthermore, the "Law for the Punishment of Organized Crime and the Control of
Criminal Earnings" (hereinafter, the Law for the Punishment of Organized Crimes) was concluded on
12 August 1999, and enforced from 1 February 2000.
In Malaysia, before the introduction of the Anti-Money Laundering Act 2001, the country
did not have any specific law on money laundering. However there are various substantive laws
making it an offence for ‘laundering’ of illegally obtained money or assets. One of the most effective
legislation is the Dangerous Drug (Forfeiture of Property) Act 1988 (the FOP Act). Although there
is no definition or usage of the term “money laundering” under the FOP, but there is a provision thatstates that it is an offence for any person either by himself or on behalf of another, to commit the actof laundering of illegally obtained property.
Another country in the Asia region, Indonesia, also pays serious attention to this matter.
The Government of the Republic of Indonesia is truly concerned regarding money laundering, as isreflected by its ratification of some of the following important conventions connected with Money
Laundering, such as the ratification of the Convention on Psychotropic Substances 1971 (by Law
No. 8 Year 1996) and the ratification of the United Nations Convention Against Illicit Traffic andPsychotropic Substances (by Law No. 7 Year 1997).
In Thailand, the Money Laundering Control Act BE 2542 (1999) was introduced with thesetting up of the Office of Anti-Money Laundering by the Government of Thailand. During the first 9
months of it existence the office managed to confiscate a total of more than 240 million bahts.
In Nepal, The extent of money laundering is very difficult to estimate. It is an illegal act for
which no statistics are available.

21

In India, at present, there is no specific money laundering law. The Prevention of Money
Laundering Bill was introduced into Parliament by the Government of India but the same still remains
to be enacted as law. However, at present there is already a set of legislation existing in India
intended to deal with economic offenders. Such laws/legislation are specifically intended to deprive
the offenders of the proceeds and benefits derived from the commission of offences. Besides, certain
other legislation also provides for the confiscation or forfeiture of the proceeds or assets of certain
crimes.
In Argentina, new legislation (law enacted on 5 March 2000) considers money laundering
as an autonomous crime. It means that the laundering of assets is not only penalized when it isobtained from the traffic of narcotics, but also includes other illegal activities such as terrorism, trafficof weapons, of human beings or other human organs, crimes against the Public Administration, andsuch other offences where the Penal Code provides punishment with a minimum of 3 years in jail.
The same law includes the obligation on the part of certain people, that the text specifically mentions,of denouncing operations and/or suspicious activities.
In Venezuela, the anti drugs law was enacted and made more comprehensive on 30
September 1993. This law was made to adapt to the current problem relating to drugs and it
includes the procedure in cases of money laundering, their prevention, control and inspection of thebank and financial entities by the authorities. The Venezuelan national assembly has also discussed
the future enactment of a law that would fight against organized crime
In Peru, the Law only punishes money laundering when it emanates from the illicit traffickingof drugs. When the money relates to other offences like corruption, fraud, kidnapping, robbery, etc
it is not covered by money laundering provisions. Thus, in Peru money laundering is confined only tothe cases where drug money is involved. It is also incorporated by the law (ordinance legislative) of
10 April 1992, that banks report any unusual or suspicious transactions above ten thousand dollars
to the authorities in each case.
Money laundering in Honduras is only related to drug trafficking. Before 1993 the money
laundering law did not exist. It was only mentioned in one article of the drug law. In 1998 the money
laundering law was enacted, but it only relates to drugs. However, the attorneys that deal with thesaid crime are working on some reforms in the law. They are trying to establish a money laundering
law related to other crimes also such as stolen vehicles, kidnappings, bank robberies, humantrafficking, etc.
Uganda is a developing country with a low economic base. Because of this, criminals findit easy to invest their proceeds from illegal activities into Uganda. Since the government needs
investors to uplift the economy, little scrutiny is made to establish the origin of huge amounts ofmoney. Currently, there is no legislation in place to cater for money laundering. This is a newconcept. However, there is an anti- money laundering committee consisting of experts from the
Uganda Revenue Authority, police, immigration, commercial banks and bank of Uganda. The
committee is charged with drafting a law on money laundering. In East Africa, a training workshop
on combating money laundering was held in Arusha, Tanzania in August 1999 and has led to thecreation of National Anti-Money Laundering Committee, which are affiliates of the Eastern andSouthern Africa Anti-Money Laundering Group (E.A.S.A.A.M.L.G.).
IV.

INSTITUTION OF STRs/ FIUs

As far as Japan is concerned, the Suspicious Transaction Report (STR) system was first
introduced into Japanese legislation by the enactment of the Special Narcotics Law. Subsequent tothis, the Law for the Punishment of Organized Crimes was enacted in 2000, which introduced a22comprehensive STR system. The scope of predicate offense of money laundering was expanded toalmost all organized crimes. Based on the above law, the Japan Financial Intelligence Office(JAFIO) was established in the Financial Agency as the Japanese Financial Intelligence Unit (FIU).
The records of the Narcotics Division of the Malaysia Police Department reveal that thetraffickers in Malaysia are mostly individuals or small groups who capitalize on drug trafficking
industry for personal gains. Drug proceeds are sometimes concealed within the proximity of theirhome or invested in other illegal activities such as loan-sharking and book markings. Taking into
consideration the Forty Recommendations of the FATF on money laundering, the government of
Malaysia in the middle of the year 2001 introduced the Anti-Money Laundering Act 2001.
In Indonesia, the Criminal Proceeding Act 1981, provides that the investigator shall be an
official of the state police of the Republic of Indonesia or a certain official of the civil service who isgranted special authority by law. Referring to this statement, in practice, the police official is theinvestigator for general crimes such as murder, theft, robbery and so forth. And public prosecutors
are also authorized to be the investigators for special crimes such as corruption cases. In corruption
cases, the Attorney General’s Office has successfully handled a lot of corruption cases, and savedlarge amounts of state assets.
In India, a number of law enforcement agencies (primarily operating under the Ministry of
Finance) are engaged in the collection of intelligence and also investigation of economic offences andfrauds, including money laundering.
Argentina contemplated setting up a Commission for dealing with activities relating tomoney laundering (Unidad de Información Financiera –U.F.I.- Financial Information Unit). The
U.F.I. requires certain people and corporations or companies to inform them of any data that looks
suspicious. The promulgation of this Law has proved to be very significant for Argentina, which has
incorporated most of the Forty Recommendations of the FATF.
In Venezuela, penal action is carried out by the District Attorney of the Public Ministry and
it is the D.A. who directs the investigation, giving instructions to the Police in relationship to theinvestigation of crime. Since the above law has not yet been approved by the National Assembly,
Venezuela cannot be said to have a legislative instrument to combat money laundering and thecriminal organizations involved.
V.

CONCLUSION

In summation, it can be safely stated that national strategies are inherently inadequate in
responding to the challenges posed by transnational organized crime, including money laundering,
since they cross multiple borders, involve multiple jurisdictions and a multiplicity of laws.
The rapid growth in transnational organized crime and the complexity of the investigation
requires a truly global response. At present, the measures adopted to counter organized crime are
not only predominantly national, but also different from one country to another. It is, thus, absolutely
imperative to increase global cooperation between the world law enforcement agencies and tocontinue to develop the tools which will help them effectively in countering transnational organizedcrime, including money laundering.

23

Group 1
Phase 2TOOLS FACILITATING THE INVESTIGATION OF
TRANSNATIONAL ORGANIZED CRIME

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Ms. Gina Ramos
Mr. Bechem Eyong-Eneke
Mr. Saad Imtiaz Ali
Mr. Takahiro Satou

Advisers

Prof. Toru Miura

Mr. Timur Bulatov
Ms. Mayumi Ichikawa
Ms. Reiko Ota
Mr. Masayuki Takeda
Prof. Sue Takasu
Prof. Kei Someda(Honduras)(Cameroon)(Pakistan)(Japan)(Kyrgystan)(Japan)(Japan)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryI.

INTRODUCTION

The use of traditional investigative methods to combat illicit drug trafficking
has proved to be very difficult and ineffective. This state of affairs therefore calls forthe use of special investigative tools such as controlled delivery, undercover
operations and electronic surveillance (wiretapping, communications interceptionetc…) by law enforcement agencies to effectively control illicit drug trafficking.
The biggest question therefore is how to use these techniques consistent withthe rule of law and respect of human rights. The answer to this cannot be universallyobtained and this will depend on the legal system, practice and culture of each country.
There is a need therefore, to strike an agreement as to what extent the privacy rights
of individuals can be respected and at the same time keeping them (people) safe fromthe effects of transnational organized crime.
The use of these techniques varies from country to country, and for this reason
the group had to focus on them individually. However the group has adopted thedefinition of Controlled Delivery that is contained in Article 2 of The United Nations
Convention Against Transnational Organized Crime, 2000.
The Electronic Surveillance investigative method was the theme of a lot of
discussions in the group, since every country has its own methods and devices. One
thing that all the participants are aware of, is the fact that criminal investigations are
becoming increasingly more difficult as criminal techniques become even moresophisticated. The challenge for criminal investigators is to keep pace with criminal
modus operandi by using increasingly sophisticated investigative techniques, and oneof them that has been extremely successful is electronic surveillance, including bothsilent video surveillance and interception of wire, oral, or electronic communications.

24

Although the concept of undercover operations is the same, the practice is however quite
different amongst the countries of this group. It is important to note that all the three investigative
tools pose common problems and require common solutions for the countries represented in thegroup. The problems are lack of adequate trained personnel, inadequate finances to train and equip
their personnel, labor intensive and time-consuming methods, non-existent legislation, and noefficient international cooperation, especially with regard to CD. The proposed solutions are thatcountries should train specialized personnel, make provision of optimum finances to train andprovide adequate equipment, enact special legislation to define all terms, lay down generalprocedures of protection of officers and agents, and the rights of individuals, encourage international
cooperation.
II.

CONTROLLED DELIVERY

Controlled Delivery (CD) is an anti- drug trafficking technique that has been divided
into 3 categories in our group, namely:
A. Country in which it is stipulated by law; (Japan) In Japan, a special law concerning
narcotics was enacted on 1 July 1992. This law enabled law enforcement officers
to utilize transnational live / clean CD.
B. Country in which it is in the process of being stipulated by law; (Honduras) In Honduras, by
the new Penal Procedures law, this kind of investigation is included as “special investigative
methods” and it will be conducted under the supervision of a Judge.
C. Country in which it is not stipulated by law; (Cameroon, Kyrgyzstan and Pakistan)
Cameroon, Pakistan and Kyrgyzstan do not have a specific law to deal with controlled delivery
and in that sense the CD there is not formalized or institutionalized by law. CD is used but as apart of the normal police practical work including all other investigation/ detection techniques.
III.

ELECTRONIC SURVEILLANCE

With the exception of wiretapping, which has been stipulated by law in Japan, Japanese law
enforcement officers like their counterparts in Cameroon, Honduras, Kyrgyzstan and Pakistan
generally carry out electronic surveillance as part of their practical work in the course ofinvestigations.
A.

Cameroon
The use of electronic devices to track down or watch or record the activities
of criminals maybe described as electronic surveillance. This anti- drug trafficking
technique is also used by the law enforcement officers in Cameroon as part of theirnormal routine duty in the criminal investigation process. The law enforcement
officers may resort to wire- tapping to secretly follow up or monitor unlawfularrangements between criminals on target telephones. These cases call for theindispensable assistance of the Post and Telecommunications Department. The phoneor the location would require to be monitored 24 hours a day, seven days a week and,perhaps even much longer. Equipped with micro cameras, video cameras and micro
tape recorders of all sorts, the law enforcement officers equally obtain or record vital
information from criminals without alerting them.
B.

Honduras

25

The police agencies in Honduras, mainly those that investigate illicit drug trafficking, have aseries of electronic devises that are indispensable tools for electronic surveillance, among them wecan mention; intervention of phone conversations (wire tapping), micro video cameras (pencils,
calculators, sun glasses, wallets, etc.), wireless microphones in miniature, night vision.
C.

Japan
In Japan, interception of telephone or other electric communications (wiretapping including
e-mail tapping, etc.), videotaping and audio tapping using microphones are the main tools ofelectronic surveillance. The Law Concerning Interception of Communications came into
effect in August 2000. Before this law was enacted, interception of electronic
communications was conducted on the basis of the interpretation of the Code of
Criminal Procedure.
D.

Kyrgyzstan
Wiretapping and the bugging of rooms and living space takes place. These measures are
realized in two ways: listening to the crime plan via instruments and listening in order to gather
evidence. The difference between these two forms is, information received by the former method
cannot be used as evidence in the court whereas the information received from the latter can be usedas evidence in the court. These methods help operative units of law enforcement agencies withtechnical support of special units.
E.

Pakistan
The following tools are used for conducting electronic surveillance in Pakistan; wiretapping
or phone bugging, video cameras, audio tapping, laser beams for bugging, still camera while
following the suspects, mobile surveillance of the suspects, electronic bugging by plugs, pens etc.
IV.

UNDERCOVER OPERATIONSAll countries represented in this group do not have any special legislation on undercover
operations. Notwithstanding this, their law enforcement officers, use undercover operations as an
essential investigative tool.
A.

Cameroon
Law enforcement officers are known to use trickery and deception to arrest persons
involved in a criminal activity. Undercover operations embrace both trickery and deception. Thisanti-crime control and prevention technique is used in cases involving big organized criminal
operations. For example, the technique may be used in drug controlled delivery operations.
Undercover operations demand a sizeable number of law enforcement officers and are generally
time-consuming. A complex and sophisticated crime network may take quite a reasonable amountof time to investigate, using, a large number of officers and agents. Equally, it is worth mentioning therisk to life posed by these operations involving very dangerous crime groups.
B.

Honduras
In Honduras we understand undercover operations to mean a police agent or investigator
getting inside of an organized group to identify the suspects and also getting to know all the illegal
activities that the organized group is actually involved in. In Honduras, the police agencies use thistechnique but only in big cases or when it is extremely necessary, because it involves a lot of
resources, a lot of time and it is also very dangerous. Honduras is getting a lot of assistance fromneighboring countries, and also from the United States, in training investigators and exchanging
concerned personnel.

26

C.

Japan
Japan does not have general provisions concerning undercover operations.
However, article 58 of the Narcotics and Psychotropics Control Law provides that anarcotics agent can receive a narcotic drug from any person “under the permission of
the Minister of Health, Labor and Welfare”. There is an similar regulation in Article
45 of the Opium Law, and also, Articles 27- 3 of the Firearms and Swords Control
Law which provides that, under the permission of the Prefectural Public Safety
Commission, a police officer or a Coast Guard officer can receive or borrow guns or
their parts, or receive live cartridges of guns from any person. According to judicial
precedent, the courts have decided each case of undercover operations whether it
was legitimate or not according to the degree of necessity and suitability.
D.

Kyrgyzstan
Undercover operations in the Kyrgyzstan Republic have no legislative basis. Therefore
undercover operations are regulated by secret departments in every law enforcement organization,for example in the national security service. Information acquired through undercover operations is
not legal evidence and cannot be used in court.
E.

Pakistan
The technique’s common uses are to collect information about criminal gangs, their methodsof operation and their future plans for drugs smuggling. Through such operations the law
enforcement agencies are able to infiltrate the highest levels of organized groups. Nevertheless wevisualize that the Afghan internal war with the Northern Alliance and the air attacks on Afghanistanby the U.S.A. may increase illegal drug trafficking by organized gangs to a considerable extent.
Therefore the Taleban followers involved in this lucrative trade will try to smuggle out their stockpilesof drugs to generate funds for the on going internal and external war. Such a large scale of expected
smuggling may be difficult to handle by our agents due to resource and other constraints.
V.

GROUP VISION

From the foregoing presentation it is important to note that all the three investigative tools
pose common problems and require common solutions for the countries represented in the group.
A.

Problems(i) Lack of adequate trained personnel(ii) Inadequate finances to train and equip their personnel(iii) Labor intensive and time-consuming(iv) No existing legislation(v) No efficient international cooperation, especially with regard to CD.

B.

Solutions(i) Countries to train specialized personnel(ii) Provision of optimum finances to train and agencies that will provide adequate equipment.
(iii) Formulation of special legislation to define all terms, lay down general procedure ofprotection of officers agents, and the rights of individuals.
(iv) Encourage international cooperation.

27

VI.

CONCLUSION

In conclusion, employment of the new investigative tools is highly necessary tofight against the ever- growing threat of transnational organized crime. Undercover
operations, controlled delivery and electronic surveillance stand out as the mosteffective investigative tools against transnational organized crime and given the factthat where they have been used, they have exhibited a high level of ability to deliver
good results. However, like all new innovations, the use of these tools has toovercome a lot of problems, ranging from a lack of ineffective legislation, a lack oftrained manpower, challenges from civil society and admissibility of evidence obtained
through their application. Governments and enforcement agencies therefore need toestablish proper guidelines and controls on their application by agents to avoid abuse.
We emphasize the relevance and effectiveness of these techniques, we need
our states to review domestic arrangements for these techniques and to facilitate
international cooperation in these fields, taking account of human rights.

Group 2Phase 2Chairperson

CRIMINALIZATION OF PARTICIPATION IN AN ORGANIZEDCRIMINAL GROUP AND CONSPIRACY, IMMUNITY SYSTEM, AND
WITNESS AND VICTIM PROTECTION PROGRAMMESMr. Zafarullah Khan

(Pakistan)

28

Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. Yasunari Hataguchi
Mr. Sittipong Tanyapongpruch
Mr. Takashi Maruoka
Mr. Nouphanh Mahaphonh
Mr. Zainal Rashid Bin Hj Abu Bakar
Mr. Bhola Prasad Kharel
Mr. Charles Muchwangali
Mr. Takao HamadaProf. Yasuhiro Tanabe
Prof. Hiroshi Tsutomi
Prof. Mikiko Kakihara(Japan)(Thailand)(Japan)(Laos)(Malaysia)(Nepal)(Uganda)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryI.

INTRODUCTION

It is more difficult than one can expect to bring the members of organized criminal groups tojustice. The organized criminal groups do exist in some countries, and the authorities in suchcountries try every effort to cope with them. Effort has been made by applying the concept of“conspiracy” and/or creating the new offence of “participation in an organized criminal group” inorder to get the culprits to justice. Once the suspect has been arrested, the legal proceedings thenbegin, and the final stage of criminal proceeding is to prove beyond reasonable doubt that suchcrimes have been committed by certain defendants. The United Nations Conventions against
Transnational Organized Crime (“TOC Convention”) requires State Parties to ensure that their laws
criminalize either conspiracy or participation in an organized criminal group, or both in Article 5. It isbasically understood that this provision offers the State Parties two options and comes from thepreceding arguments and practices of the European Union.
In addition, organized criminal groups’ activities are not easy to detect. Generally, thewitness may be an insider or accidentally witness the crime. However, they have the tendency to
avoid involvement in any legal proceedings for fear of their safety. Therefore, special tools, namely
the immunity system and witness and victim protection programmes, carefully constructed to easethis obstacle are indeed important.
II.
CRIMINALIZATION OF PARTICIPATION IN AN ORGANIZED CRIMINAL
GROUP
A.

TOC Convention (Article 5)

B.

Analysis of Current Situation

In Laos, Malaysia, Pakistan and Uganda, the concept of conspiracy has been adopted. In
Nepal, neither the concept of conspiracy nor participation has been adopted so far. In Japan, thesituation is the same as Nepal in principle with a few exceptions. In Thailand, the concept ofparticipation has been adopted.
C.

Benefits

291) The criminal justice authorities would have the possibility of intervening at an earlier stage ofthe criminal activity;
2) All people concerned could be charged with conspiracy or participation even if their roles
have been marginal;
3) The prosecutor need not prove complicity in each and every act of crime;4) The concepts of conspiracy and participation allow, in effect, double punishment: one for theconspiracy or participation, and one for the offences committed in furtherance of theconspiracy or participation;5) Legislation referring to conspiracy and organized criminal groups could provide theframework for the use of civil measures in addition to punishment;
6) The citizens could be kept away from criminal acts and organized criminal groups (deterrent
effect).
D.

Drawbacks
1) The concepts are ambiguous and confusing, in particular if juries are involved. The legal
practice has shown that the concepts can be confusing even to trained lawyers;
2) There is possibility that the concepts might violate the principle of legality, which requires
definition of precisely what acts or omissions constitute criminal conduct;
3) This ambiguity raises concerns regarding legal safeguards, such as ensuring that thedefendant knows exactly what conduct he or she is charged with having committed;
4) The ambiguity also raises concerns that the concepts will be used to expand the scope of
criminal behavior to an unacceptable extent; and
5) The concept of conspiracy has been used, in the view of some, to “convert innocent acts,talk and association into felonies”. The discussion within the European Union regarding thejoint action requiring Member States to criminalize participation in an organized criminalgroup shows that these same qualms exist regarding this latter concept. The concern here isthat the concepts may be abused by over-zealous prosecutors.

III.

IMMUNITY SYSTEMA.

TOC Convention (Article 26)

B.

Analysis of Current Situation

In Pakistan and India (according to the Penal Code), this system has been provided by thelaw in the High Court and the Court of Sessions according to the tenure of imprisonment. Whereas
in Japan this system has not been adopted in any legislation, in some cases the court has reduced adefendant’s punishment by considering his/her cooperation to find out the true facts depending on
the cases.
In Laos, Malaysia, Nepal, Thailand and Uganda, the immunity system has not been applied.
In these countries only the mitigation of punishment can be considered if the accused assists theinvestigator to investigate the crime and crime proceeds, and there is an arrest of criminals according

30

to the law.
C.

Benefits
Granting immunity from prosecution has actually led to solving many serious crimes.

D.

Drawbacks

The possibility the criminal can escape from his liability is very high in this system. If
prosecutors abuse his power to grant immunity, it may increase negative perception of criminal
justice to the general public in the country. It is also violation of equality and rule of law of thecountry. The citizen may not be confident in the judiciary and law enforcement authorities of thatcountry.
IV.

WITNESS AND VICTIM PROTECTION PROGRAMMESA.

Need for Reform

Legal, physical and financial protection should be provided to important witnesses especiallyin sensitive cases so that they can feel comfortable without any fear in court. This is not only
because of preventing threats/violence to the witnesses but also as a guarantee in gaining theconfidence of witnesses in supporting the prevention and detection of organized crime. Article 25 of
TOC Convention encourages the world’s nations to adopt measures which will guarantee theprotection of witnesses.
B.

Analysis of Current Situation
We realized that the Witness Protection Programmes could be categorized as:• Countries with Witness Protection Programmes in their legislation• Countries with Witness Protection Programmes annexed as new articles in existing Acts
• Countries that are still in the process of drafting the Bill
• Countries that are still considering the implementation of Witness Protection
Programmes

For examples of legislated countries, the United States started their Federal Witness
Security Programme in 1970 which sought to guarantee the safety of witnesses who agreed to testify
for the government in organized crime cases. Even though the programme is costly, the result has
made it worth the cost. The Philippines has the same kind of law providing witness protection.
In Japan, the witness protection programme such as the video link system and setting up a
screen between the witness and the defendant, has been embodied in the Code of Criminal
Procedure and the related law. In Thailand, the "Witness Protection Bill" proposed by the Ministryof Justice is under discussion in Parliament. We learned that Nepal is now considering utilizing the
Witness Protection Programme. Anyhow there are still many countries that do not have thisprogramme.
C.

Benefits

The programmes will encourage the co-operation of people in the fight against transnationalorganized crimes.

31

D.

Drawbacks

Due to the large amount of finances required and the human resources needed to devise oreven implement this programme, many countries may fail to adopt it. It is also difficult to define thescope of the witness protection programme.
V.

CONCLUSION

All states are required to ensure that their legislation criminalizes conspiracy and/or
participation in an organized criminal group. Furthermore, in responding to the threat oftransnational crime, criminal justice authorities have felt it necessary to intervene as soon as possible
in order to prevent crime, break-up criminal organizations and apprehend offenders before they
make good their escape. States parties are also required to carefully choose the best options,
keeping in mind their domestic legal and social systems.
Immunity generally refers to the process of exemption from prosecuting a person accusedof a crime. In Japan the system is not legislated. The absence or existence of an immunity systemdepends on a country’s culture, history, national sentiment and their domestic laws. Regarding
witness and victim protection programmes, it was appreciated that the statement of accomplices has
proved useful in prosecution involving organized crime cases, as it helps law enforcement agencies topenetrate such gangs.
These strategies have been endorsed by the TOC Convention since the year 2000. Since
the TOC Convention provides and covers all effective countermeasures against transnationalorganized crime for us, it is imperative to ratify and implement the Convention as soon as possible,
harmonizing it with the domestic legal system of each country.

Group 3Phase 2

COUNTERMEASURES AGAINST MONEY LAUNDERING

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Report SummaryI.

INTRODUCTION

Mr. Shankar Pratap Singh
Mr. Masakazu Ameku
Mr. Jan Samuel Maringka
Mr. Oscar Antonio Goyanes
Mr. Sazali bin Salbi
Mr. Tsunekazu Kobashi
Ms. Azumi Misawa
Mr. Rafael Romero
Mr. Taizo Yokoyama
Deputy Director Keiichi Aizawa
Prof. Yuichiro Tachi
Prof. Kenji Teramura(India)(Japan)(Indonesia )(Argentina)(Malaysia)( Japan )(Japan)(Venezuela)( Japan )(UNAFEI)(UNAFEI)(UNAFEI)32

In view of the fact, that “money laundering” is at the center of predominantly all othercriminal acts, it becomes an integral part of any transnational organized crime. Hence, any genuine
effort to combat the “Transnational organized crime” has to necessarily address to the serious issueof adopting countermeasures to fight the menace of money laundering.
Since the goal of a large number of criminal acts is to generate a profit for the criminal thatcarries out the act, the processing of the criminal proceeds through money laundering assumes
critical importance, as it enables the criminal to disguise their illegal origin and helps him in enjoying
the proceeds of his crime without any threat. Thus, money launderers are continuously looking for
new methods and routes for laundering their ill-gotten proceeds from crime. The criminals do this byeffectively exploiting the differences between the national anti-money laundering systems and tend tomove their networks to countries and financial systems with weak or ineffective countermeasures.
Therefore, the possible social and political consequences of money laundering, if left unchecked or
dealt with ineffectively, can be very grave and serious for any country.
This inevitably brings to fore the need for having an effective and organized system to deal
with money laundering by adopting suitable countermeasures in the legislative systems and law
enforcement mechanism of various countries. In a broader sense, some of the countermeasureswould include making the act of money laundering a crime; giving the investigative agencies theauthority to trace, seize and ultimately confiscate the proceeds derived from criminal activity andbuilding the necessary framework for permitting the agencies involved to exchange information
amongst themselves and their counterparts in other countries. The countermeasures to combat
money laundering calls for a truly global response making it absolutely imperative for increased
global cooperation between the law enforcement agencies of different countries in effectively dealing
with the menace of money laundering by the transnational organized criminal groups.
II.

THE GLOBAL RESPONSE

Realizing the gravity of the problem, the international comity of nations has tried to come up
with a global response. The United Nations adopted the Vienna Convention, 1988 against the Illicit
Traffic in Narcotic Drugs and Psychotropic substances, which, inter-alia, incorporated theincrimination of money laundering activity as a criminal act in an international treaty for the first time.
In response to the mounting concern over money laundering, the Financial Action Task
Force On Money Laundering (FATF) was established by the G-7 Summit held in Paris in 1989.
The FATF was given the responsibility of examining the money laundering techniques and trends,
reviewing the actions which had already been taken at the national and international level and thefurther measures which were required to be taken to combat money laundering. In April 1990,
FATF issued a report containing a set of the Forty Recommendations which provided a detailed
plan of action needed to combat money laundering. The Forty Recommendations were further
revised and made more comprehensive by the FATF in 1996.
III.

THE FORTY RECOMMENDATIONSThe Forty Recommendations of the FATF, apart from the general framework, can bebroadly classified under three major heads viz:1) The existence or creation, within the legal framework of each country, a law criminalizing the actof money laundering, as defined by the Vienna Convention of 1988 on NDPS.
2) The existence or creation or strengthening of the legal and financial systems in different countries,
which would provide the law enforcement and investigating agencies effective tool to combat money

33laundering.
3) Strengthening of the International Cooperation between different countries at all levels, so as toenable an organized and concerted effort of the various law enforcement agencies of the different
countries, in successfully combating money laundering.
IV.

NON CO-OPERATIVE COUNTRIES AND TERRITORIESThe FATF continued to further review the Forty Recommendations from time to time withregard to their effectiveness in dealing with the crime relating to money laundering and also theimplementation by the various countries of the recommendations made more comprehensive in 1996.
On 22 June 2001, the FATF published its Twelfth Annual Report which outlines its mainachievements, including the significant progress made in relation to work on Non Co-operative
Countries and Territories (NCCTs). The FATF has revised and updated its list of NCCTs which
now includes the following countries / territories i.e. Cook Islands, Dominica, Egypt, Guatemala,
Hungary, Indonesia, Israel, Lebanon, Marshall Islands, Myanmar, Nauru, Nigeria, Niue, Philippines∗, Russia, St. Kitts and Nevis and St. Vincent and the Grenadines. The FATF has suggested that all
countries should be especially vigilant in their financial dealings / transactions with the above
mentioned NCCTs and if necessary, take additional countermeasures.
V.
THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONALORGANIZED CRIMEThe United Nations Convention against Transnational Organized Crime (TOC) 2000 has
effectively combined many of the anti-money laundering mechanisms explored at the international
level into one comprehensive legal instrument. The convention on TOC addresses a number ofissues, raised through several international initiatives, which in many instances were earlier not legallybinding, into an international legal instrument having force. The convention has recognized that a
considerable amount of valuable work related to the fight against money laundering has been
untaken by a number of organizations and has suggested that countries should seek guidance fromsuch initiatives.
The UN Convention on TOC borrows from the 1998 General Assembly Political
Declaration and extends the definition of money laundering to include money derived from all serious
crimes which are defined as those offences which are punishable by a maximum sentence of at least
four years or more.
In its focus on issues more directly related to financial institutions, the convention requires
member countries to establish comprehensive regulatory and supervisory regimes for banks and also
non-banking financial institutions. It requires that such regimes should specifically address the issueof customer identification, record keeping and suspicious transaction reporting. It stresses theimportance of the exchange of information at the national and international levels and in that context
highlights the role of Financial Intelligence Units (FIU) for the purpose of collecting, analyzing anddisseminating information. It also highlights the need for co-operation amongst the law enforcement,
judicial and financial regulatory authorities of different countries.
VI.

SOME COUNTERMEASURES AGAINST MONEY LAUNDERINGThe workshop, after having deliberated at length and in detail, highlight three subjects which∗

It needs to be emphasized that the Philippines has since enacted the Anti Money Laundering Act on 29 September
2001.

34

are regarded to be very important in strengthening the implementation of the Forty
Recommendations. The three subjects are enumerated as follows:A.

Knowing Your Customers

Money laundering is conducted by depositing proceeds of crime to financial institutions,hiding such proceeds of crime, and disguising them as if they originated from legitimate economic
activity. In order to detect money laundering in the most effective way, it is important to obtain
illegal proceeds at an early stage. Therefore, the Forty Recommendations prescribe
countermeasures, including identification of the person at the time of the opening of his or her bankaccount.
B.

Asset Forfeiture System

Asset forfeiture system is veritable tool for law enforcement and judicial criminal process todeprive criminals of illegally acquired proceeds, and plough back such proceeds to the community
for the greater good of the society. The legal provisions regarding assets forfeiture system differ fromcountry to country.
C.

Gatekeepers

The process of laundering illegal money normally goes through three different stages, that’s‘investment’, ‘layering’ and ‘integration’. Naturally these three stages are used by the launderers as ameans to circumvent money laundering countermeasures through more complex schemes. This
increase in complexity means that those individual desiring to launder criminal proceed must turn tothe expertise of legal professionals, accountants, financial consultants, and other professionals to aid
them in the movement of such proceeds. The types of assistance that this professional provide are
the gateway through which the launderers must pass to achieve the above stages. Thus the legal andaccounting professionals serve as a sort of ‘gatekeepers’ since they have the ability to furnish access(knowingly or unwittingly) to the various functions that might help the criminal with the funds to moveor conceal.
One solution to overcome the above problem is to include these professional gatekeepers
under the same anti-money laundering obligations as financial intermediaries when they perform theirprofessional functions. In other word, these professional gatekeepers are required to identify theidentity of their client with which they are dealing with and to cannel any suspicious transaction
reports (STR) to the relevance authority / financial intelligence unit (FIU) or to face the penalties
which come with the obligation in failing the do so.
VII.

CONCLUSION

It may, thus, be seen that the problem of money laundering is being seriously viewed by theinternational community with the concern it rightly deserves. Subsequent to the 11 September 2001
terrorist attacks on the World Trade Center and the Pentagon in the USA, the issue of money
laundering has suddenly assumed altogether a new dimension of funding of terrorist organizations allover the world and the pre-dominant use of money laundering by the terrorist criminal organization in
funding their activities. However, the global response to the challenge posed has been overwhelming,
as is evident by the media coverage (CNN – 23 October 2001) where it was reported that morethan 140 countries from all parts of the world are co-operating in tracking down funds of thecriminal organizations and more especially terrorist funds which are suspected to be involved inmoney laundering activity at different stages in various countries.

35

The workshop, after having deliberated at length and in detail, is of the considered view thatnew challenges posed by the money launderers calls for new initiatives, techniques and tools tocombat the menace of money laundering. To this end, the new techniques and tools would
necessarily have to include ‘controlled delivery’, ‘electronic surveillance’ including ‘wiretapping’,
whenever necessary, and also ‘undercover operations’. The workshop is also of the consideredview that there should also be a provision in the domestic laws of each country for prosecution of
the so called “gatekeepers” i.e. the legal professionals, accountants, financial consultants and otherprofessionals who provide the requisite expertise, without which it would not be possible for theorganized criminal groups to invest large sums of money without getting detected.

Observation Visits
Date

Agency/Institution

Main Persons Concerned

Sept. 18

Tokyo Metropolitan
Police Department• Mr. Yasuo Mikuni
Police Inspector

Sept. 18

Tokyo District Public
Prosecutors Office• Mr. Takashi Okubo
Deputy Director
General Affairs Department

Sept. 18

Ministry of Justice• Mr. Kunihiro Matsuo
Vice-Minister of JusticeSept. 28

Fuchu Prison• Mr. Kanichiro IshiwatariSpecial Assistant to Director of
Fuchu Prison

Oct. 4

Fuchu Police Station andOkunitama Police Box• Mr. Masao Tada
Inspector
Fuchu Police Station

36

Date

Agency/Institution

Main Persons Concerned

Oct. 22

Tokyo District Court• Mr. Megumi Yamamuro
Presiding Judge
Fifth Criminal Division• Mr. Takashi Matsumoto
Judge
Fifth Criminal Division

Oct. 22

Supreme Court• Mr. Yukihiko Imasaki
Director, Second Division
Criminal Affairs Bureau• Mr. Junichi Shirakura
Liaison Officer
Secretariat Division
General Secretariat

Oct. 26

Kodaira Fifth Elementary School•

Mr. Shunsuke Kikuoka
Vice-Principal

Group Study Tours
Date

Group

Agency/Institution

Main Persons ConcernedOct.
12 ~ 13

Nagoya(Group 1)• Nagoya District Public Prosecutors Office• Mr. Akiharu Mizoguchi
Chief Prosecutor• Mr. Shigenori Ishigro
DeputySuperintending
Prosecutor• Mr. Kenji Kameoka
Warden• Nagoya High Public Prosecutors Office• Nagoya Detention House

37

Oct.
12 ~ 13

Sendai(Group 2)• Sendai District Public Prosecutors Office• Sendai High Public Prosecutors Office• Sendai Probation Office• Sendai Regional Parole Board• Aoba Juvenile Training School for Girls

Oct.
12 ~ 13

Fukushima(Group 3)• Fukushima Prison• Fukushima District Court• Fukushima District Public Prosecutors

Office• Fukushima Probation OfficeOct.
12 ~ 13

Iwate(Group 4)• Morioka District Public Prosecutors Office• Iwate Police Headquarters• Iwate Police Academy

Oct.
12 ~ 13

Aomori(Group 5)• Aomori District Public Prosecutors Office• Aomori Prefectural Police Headquarters

Oct.
12 ~ 13

Shikoku(Group 6)• Takamatsu High Public Prosecutors Office• Kagawa Police Headquarters

Oct.
18 ~ 20

Okinawa•

Mr. Yuki Kawachi
Superintending Prosecutor• Mr. Hiroshi Nakajima
Chief Prosecutor• Mr. Yasunori Komatsu
Director• Mr. Toru Sakasaki
Secretary-General• Mr. Shuichi Kamata
Superintendent•

Mr. Takuya Oyama
Warden• Mr. Toshinobu Akiyama,
Mr.Toshiaki Harada
Chief Judges• Mr. Takehiko Shiono
Chief Prosecutor•
Mr. Shu Kobayashi
Director of Supervision•

Mr. Hideaki Beppu
Chief Prosecutor• Mr. Kenji Izuwara
Superintendent of Police• Mr. Ken Nakagawa
Superintendent of Police• Mr. Toshio Yanagi

Chief Prosecutor• Mr. Masayoshi Masuzawa
Deputy Director of Traffic
Control Division• Mr. Norio Munakada
Superintending Prosecutor• Mr. Toshinori Otaki
Chief of General Affairs
Department• Okinawa Prefectural Police Department•• Okinawa Regional Narcotic Control Office•• Naha District Public Prosecutors Office•

Mr.Hiroyuki Ota
Chief of Police
Mr. Masaaki Sunakozawa
Director
Mr. Seisui Kamigaki
Chief Prosecutor

38

Oct.
28 ~ 31

HiroshimaKansai• Coast Guard Academy• Mr. Ikuo Ikeda
Director
General Affairs Division• Police Box (behind Universal Studios Japan)• Mr. Keiji Okada
Assistant Police Inspector
Osaka Prefectural Police
Headquarters

Special Events

Sep. 10

Welcome Party

Sept. 13, 14, 17, 19, 21 25, 27, and 28
Japanese Conversation Classes
The overseas participants attended Japanese conversation classes provided by JICA andthe ACPF. They learned practical Japanese expressions. The sensei (teachers) were Mr.
Michio Kawachi, Ms. Mariko Kambayashi, Ms. Kimiko Hiraiwa, Ms. Kazue Suzuki and Ms.
Yukiko Shiina. Iroiro Arigato Gozaimashita.
Sept. 18

Reception by Vice-Minster of Justice
After visiting the Ministry of Justice, a reception was held by the Vice-Minister of Justice,
Mr. Kunihiro Matsuo, at the Lawyers Club.

39

Sept. 20
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 the three-legged race,
racket relay and the true-false quiz. Afterwards, there was a friendship party at UNAFEI.
Sept. 22
Tea Ceremony‘Cha-no-yu’ or ‘Sado’, a formal Japanese tea ceremony, was demonstrated for theparticipants in UNAFEI Lounge B by Ms. Soue Kubo, an Ura Senke Tea Master, and herapprentices.
Sept. 29 and Oct. 6
Home Visits
ACPF Fuchu Branch organized dinners for the participants in the homes of members fromthe Fuchu International Exchange Salon, Tokyo Fuchu Rotary Club and Soroptimist Internationalof Tokyo, Fuchu. The hosts were Ms. Kaoru Yajima, Mr. Yoshiyuki Sakano, Mr. Yasuhiro
Momota, Mr. Rinshi Sekiguchi, Ms. Junko Ogawa, Mr. Takeshi Mutou, Ms. Kazuko Takano
and Mr. Tsuneo Kashima.
Oct. 3

Suntory Musashino Brewery
At the invitation of the Fuchu Rotary Club, the participants visited the Suntory Musashino
Brewery and were given a guided tour. Mr. Yujiro Nishio, Vice-President of the Fuchu Rotary
Club hosted a party afterwards at the Brewery.

Oct. 6

Fuchu Art Museum and ParkThe participants enjoyed a visit to the Fuchu Art Museum after which they were able toexperience the sights of Fuchu no Mori Park.

Oct. 6

Tokyo Horse Race Course
At the invitation of the Fuchu Rotary Club, the participants observed and bet on horse races
at the Tokyo Horse Race Course. Mr. Tatsuhiko Yuchi, Deputy General Manager of the Tokyo
Horse Race Course, hosted the event.

Oct. 10

UNAFEI-ACPF International Bowling Tournament
ACPF Fuchu Branch sponsored the UNAFEI-ACPF International Bowling Tournament.
The participants enjoyed bowling and socializing with members of the ACPF Fuchu Branch.

Oct. 12 & 13
Visits to ACPF Branches
The overseas participants were invited on local trips by six branch organizations of the
ACPF, namely: Iwate, Shikoku, Sendai, Nagoya, Fukushima, and Aomori. Each branch held a
reception in honor of the participants visiting their region.
Oct. 15
Flower Arrangement
A group of volunteer instructors led by Ms. Kuniko Mori and Ms. Junko Oishi, explainedand demonstrated to the participants ‘Ikebana’, traditional Japanese flower arrangement.
Afterwards, the participants had the opportunity to arrange the flowers themselvesOct. 17

T.I.C.P. Friendship Party
The Training Institute for Correctional Personnel held a friendship party for the participantsat their Institute. The participants saw a variety of entertainment and participated in various
Japanese games and songs such as sekai wa futari no tameni during the party.

40

Oct. 18 ~ 20
Okinawa Trip
After official visits to the Okinawa Prefectural Police Department, the Okinawa Regional
Narcotic Control Office and the Okinawa District Public Prosecutors Offices, the participants
enjoyed sightseeing, including visits to Shurijo Castle Park, the South East Botanical Gardens,
Manzamo, the Peace Memorial Museum, Mabuni Hill, the Monument of Himeyuri and Himeyuri
Peace Museum.
Oct. 22

Courtesy Visit to Supreme Court Justice
The participants were invited into the private chambers of Mr. Tsugio Kameyama, a Justiceof the Supreme Court.

Oct. 22

Koto Concert
The Ensemble 21st Century, a group of volunteer musicians, performed traditional
Japanese ‘Koto’ music for the participants at UNAFEI.

Oct. 23

VPOs' International Training
Ten Volunteer Probation Officers visited UNAFEI for an International Training
Programme. It was jointly organized by UNAFEI and the Rehabilitation Bureau of the Ministryof Justice of Japan. A discussion session and friendship party were arranged to exchange views
between the VPOs and the participants.

Oct. 28 – 31
Hiroshima-Kansai Study Tour
Hiroshima: On their first day, the participants visited the Peace Memorial Museum andPeace Memorial Park in Hiroshima. The next day, the participants visited the Coast Guard
Academy and Miyajima Island, located in the Seto Inland Sea near Hiroshima.
Kyoto: On their third day, the participants visited the Police Box behind Universal Studios
Japan and the Panasonic Hall of Science and Technology. The next day, the participants went
on a guided bus tour to Nijo Castle, Kinkakuji Temple and the Kyoto Imperial Palace.
Nov. 1

Farewell Party

41

Reference Materials Distributed
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Investigation(3.) Law concerning Prevention of Unjust Acts by Boryokudan Members(4.) Law concerning Special Provisions for the Narcotics and Psychotropics Control Law,etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts andOther Activities Involving Controlled Substances through International Cooperation(5.) Immigration Control and Refugee Recognition Act(6.) Firearms and Swords Control Law
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Summary
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Review to Identify Non-Cooperative Countries or Territories: Increasing the Worldwide
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Portuguese Republic)(13.) Canada’s Anti-Money Laundering Regime (Mr. Daniel P. Murphy, Senior Counsel,
Strategic Prosecution Policy Section Justice Canada)43(14.) Proceeds of Crime (Money Laundering) Regulations – Consultation Paper(December 1999, Finance Canada)(15.) Proceeds of Crime (Money Laundering) Act 2000, c. 17 (Department of Justice
Canada)(16.) Electronic Money Laundering: An Environmental Scan (October 1998, Departmentof Justice Canada Solicitor General Canada)(17.) The National Criminal Intelligence Service (NCIS) reports record suspicious
financial transaction disclosures (1 August 2001, NCIS, UK)(18.) Money Laundering: Threats and Countermeasures (7 May 2001, AsianDevelopment Bank)(19.) Asia-Pacific laundering $200 billon a year (9 May 2001 Japan Times)(20.) Money Laundering: Muddying the Macroeconomy (Mr. Peter J. Quick, the Advisorof the IMF’s Monetary and Exchange Affairs Department)(21.) Feature Money Laundering (Mr. Damien Hendrickx, ICPR 482/2000)(22.) Money Laundering, A Global Threat and the International Community’s Response(Mr. William R. Schroeder, May 2001, FBI Law Enforcement Bulletin)(23.) Offshore Financial Centers, The Channel Islands and the Isle of Man (Mr. Mark D.
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Kattoulas)(6.) Recession hits Osaka-based Yakuza (26 June 2001, Eric Johnston, The Japan Times)
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Current Situation of Illicit Trafficking in Firearms and Human Beings(1.) Reexamining the Importance of Firearm Investigation (Mr. William J. Vizzard, May44

1999, FBI Law Enforcement Bulletin)(2.) Global Programme against Trafficking in Human Beings (E/CN.15/1999/CRP.2)(3.) Trafficking in Human, (UPDATE, UNODCCP, January 2000)(4.) Victims of Trafficking and Violence protection Act 2000 (Trafficking in Persons Report(July 2001, Department of State, U.S.A.)(5.) Child trafficking in West and Central Africa an Overview (23 February 2001, Dr. Rima
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Enforcement Bulletin)(3.) Drug Conspiracies (Mr. Edward M. Hendrie, June 1999, FBI Law Enforcement
Bulletin)(4.) Principal Witness Regulations to Suppress Organized Crime in Germany (Dr. JohanPeter Wilhelm Hilger, Former Head of Division of Judicial System Federal Ministry ofJustice, Germany)
Investigation Tools (Wire Tapping, Undercover Operations and Controlled Delivery etc.)(1.) 2000 Wire Tap Report (Administrative Office of the United States Courts)(2.) Regulations of Investigatory Powers Act 2000 (The Criminal Law Review, February
2001, U.K.)(3.) Entrapment and Wiretapping as a Means of Investigation (Mr. Dagmar Kube ,Bali,
December 1997)(4.) Electronic Surveillance (Mr. Thomas D. Colbridge, FBI Law Enforcement Bulletin,
February 2000)(5.) House Requires FBI to Report on E-Mail Wiretaps (23 July 2001, Yahoo News)(6.) Interception of Email, Some Legal Issues (7 August 1998, Clive Feather, U.K.)(7.) Measures of Investigations in Cases of Organized Crime in the Criminal Process ofGermany (Dr. Johan Peter Wilhelm Hilger, Former Head of Division of Judicial System
Federal Ministry of Justice, Germany)(8.) Effective Methods to Combat Transnational Organized Crime in Criminal Justice
Processes (Mr. Bruce G. Ohr, Chief, Organized Crime and Racketeering section,
Criminal Division, U.S. Department of Justice)(9.) Undercover and Sensitive Operation Unit (Attorney General’s Guidelines on FBI
Undercover Operations Revised 11/12/92)(10.) Undercover Investigations and the Entrapment Defense (Mr. Thomas V. Kukura,
FBI Special Agent, FBI Law Enforcement Bulletin, April 1993)(11.) Managing Undercover Stress, The Supervisor’s Role (Stephen R. Band, FBI Law
Enforcement Bulletin, February 1999)(12.) Avoiding the Informant Trap (Mr. James E. Hight, FBI Law Enforcement Bulletin,
November 1998)(13.) Controlled Delivery (Dr. Johan Peter Wilhelm Hilger, Former Head of Division of
Judicial System Federal Ministry of Justice, Germany)(14.) Conducting Successful Interrogations (Mr. David Vessel, FBI Law Enforcement

45

Bulletin, October 1998)
Immunity and Witness Protection(1.) Organized Crime / Witness Protection in Germany (Dr. Johan Peter Wilhelm Hilger,
Former Head of Division of Judicial System Federal Ministry of Justice, Germany)(2.) Combating Organized Crime: the Legislative and Regulatory Framework (Mr. William P.
Schaefer, Assistant US Attorney, Thailand, 30 November 1999)
Mutual Legal Assistance and Extradition(1.) Model Treaty on Mutual Assistance in Criminal Matters (United Nations General
Assembly Resolution 45/117 of 14 December 1990)(2.) Report of the Intergovernmental Expert Group Meeting on Mutual Assistance in
Criminal Matters, held at Arlington, Virginia, United States of America, from 23 to 26
February 1998 (E/CN.15/1998/7)(3.) Complementary provisions for the Model Treaty on Mutual Assistance in Criminal
Matters (United Nations General Assembly Resolution 53/112 of 9 December 1998)(4.) Model Treaty on Extradition (United Nations General Assembly Resolution 45/116 of
14 December 1990)(5.) Report of the Intergovernmental Expert Group Meeting on Extradition, held at Siracusa,
Italy, from 10 to 13 December 1996 (E/CN.15/1997/6)(6.) Complementary provisions for the Model Treaty on Extradition (United Nations General
Assembly Resolution 52/88 of 12 December 1997)(7.) Manual on the Model Treaty on Extradition and Manual on the Model Treaty on Mutual
Assistance in Criminal Matters; An Implementation Guide (International Review of
Criminal Policy, Nos. 45 and 46, 1995)(8.) International Cooperation in Criminal Matters – Extradition and Mutual Legal
Assistance (Mr. Mikinao Kitada, UNAFEI Resource Material Series No.51, at 291,
1997)(9.) Treaty on Extradition between Japan and the United States of America (Treaty No.3 of
1980)
EXPERTS & PARTICIPANTS LIST
Visiting Experts
Dr. Matti Joutsen

Director,
International Affairs, Ministry of Justice,
Helsinki, Finland

Mr. Severino H. Gaña, Jr.

Assistant Chief State Prosecutor,
Department of Justice,
Manila, the Republic of the Philippines

Mr. Dimitri Vlassis

Crime Prevention and Criminal Justice Officer,

46

United Nations Centre forInternational Crime Prevention,
Vienna, Austria
Mr. James E. Moynihan

Legal AttachéFederal Bureau of Investigation,
United States Embassy,
Tokyo, Japan

Mr. Edward C. Shaw

Assistant Legal Attaché,
Federal Bureau of Investigation,
United States Embassy,
Tokyo, Japan

Overseas Participants
Mr. Oscar Antonio Goyanes

Inspector,
Argentine Federal Police,
Buenos Aires, Argentina

Mr. Bechem Eyong Eneke

Sub Director for Human Resources,
Ministry of Justice,
Yaounde, Cameroon

Ms. Gina Antonella Ramos Giron

Public Prosecutor,
Attorney General’s Office
Department of Organized Crime,
Tegucigalpa, Honduras

Mr. Shankar Pratap Singh

Deputy Inspector General of Police,
Anti-Corruption Cell-III,
Central Bureau of Investigation,
New Delhi, India

47

Mr. Jan Samuel Maringka

Head of Section, Deputy Attorney-General’sfor Special Crimes,
Jl. Sultan Hasanundin No. 1,
Jakarta Selatan, Indonesia

Mr. Timur Bulatov

Senior Investigator,
Invest. Div Head ADM. Section,
DIA Chui Region,
Department of Internal Affairs,
Bishkek, Kyrgyzstan

Mr. Nouphanh Mahaphonh

General Director,
Judicial Administration Department,
Ministry of Justice,
Vientiane, Laos

Mr. Zainal Rashid Bin Hj Abu Bakar

Head of Criminal Investigation Department,
Johor Bahru Police District,
Royal Malaysia Police,
Johor, Malaysia

Mr. Sazali Bin Salbi

Director of Anti-Corruption Agency,
Labuan, Malaysia

Mr. Bhola Prasad Kharel

District Judge,
Jhapa District Court,
Chandragadi, Nepal

Mr. Saad Imtiaz Ali

SSP/Deputy Director,
Central Planning and Training Unit,
National Police Academy,
Islamabad, Pakistan

Mr. Zafarullah Khan

Deputy Inspector of Police,
Officer on Special Duty, PSP (PPM Baz)
Establishment Division,
Islamabad, Pakistan

Mr. Miguel Angel Moran Flores

Major Operative Officer, Chief of Training, AntiNarcotics Department,
Peruvian National Police,
Lima, Peru

Mr. Sittipong Tanyapongpruch

Judge,
Central Intellectual Property and International Trade Court,
Bangkok, Thailand

Mr. Charles Muchwangali

Regional Crime Investigations Officer,
Uganda Police, Kampala,48

UgandaMr. Raphael Angel Romero Sibulio

Chief Inspector, Judicial Technical Police,
Caracas, Venezuela

Japanese Participants
Mr. Masakazu Ameku

Narcotics Control Officer,
Kyusyu Regional Bureau of Health and Welfare,
Regional Narcotic Control Office,Ministry of Health, Labor and Welfare,
Okinawa, Japan

Mr. Takao Hamada

Probation Officer,
Shikoku Regional Parole Board,
Kagawa, JapanMr. Yasunari Hataguchi

Assistant Judge,
Osaka District Court,
Osaka, Japan

Ms. Mayumi Ichikawa

Senior Programme Officer,
Kasamatsu Prison,
Gifu, Japan

Mr. Tsunekazu Kobashi

Public Prosecutor,
Tokyo District Public Prosecutors Office,Tokyo, Japan

Mr. Takashi Maruoka

Senior Immigration Inspector,
Tokyo Regional Immigration Bureau,
Tokyo, Japan

Ms. Azumi Misawa

Public Prosecutor,
Kobe District Public Prosecutors Office,Himeji Branch Office, Japan

Ms. Reiko Ota

Public Prosecutor,
Fukuoka District Public Prosecutors Office,Fukuoka, Japan

Mr. Takahiro Satou

Deputy Director of Guard Division,
Guard and Rescue Department,
10th Regional Coast Guard Headquarters,
Kagoshima, Japan

Mr. Taizo Yokoyama

Assistant Judge,
Tokyo District Court,
Tokyo, Japan

49

Mr. Masayuki Takeda

Chief Investigator of 2nd Division,
1st Department,
Public Security Investigation Agency,
Tokyo, Japan

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INFORMATION ABOUT PROGRAMMES

Recent Activities
1. Training Programme: Juvenile Delinquent Treatment Systems
UNAFEI is conducting its Second Training Course on the Juvenile Delinquent Treatment
System for Kenyan criminal justice officials who are working for the prevention of delinquency andthe treatment of juvenile delinquents in their country. The training course, entitled “Juvenile
Delinquent Treatment Systems”, starts on 5 November and will end on 29 November 2001. The
course exposes Kenyan officials to the workings of the Japanese juvenile justice and treatment
system through lectures and observation visits to relevant agencies. As a result of this comparative
study, the officials will successfully develop action plans for the implementation and development ofinstitutional and community-based treatment systems for juvenile delinquents in Kenya.

2. Training Programme: Corruption Control in Criminal Justice
UNAFEI is conducting its Fourth Training Course on Corruption Control entitled“Corruption Control in Criminal Justice” from 5 November to 30 November 2001. In this course,
twelve foreign officials and three Japanese officials engaged in corruption control will comparatively
analyze the current situation of corruption, methods of corruption prevention, and measures toenhance international cooperation in this regard.

3. Kenya-UNAFEI Joint Seminar
The Government of Kenya, UNAFEI and JICA held a joint seminar in Nairobi, Kenya on thetheme of, “Effective Administration of Juvenile Justice”. There were about one hundred participantsfrom the police, prosecution, judiciary and the prison, probation and children’s departments in
Kenya. The Seminar focused on the role of the police, prosecution and the judiciary in juvenile
justice and analyzed how coordination between the relevant agencies involved in juvenile justice
could be improved. The UNAFEI delegation consisted of 6 members of UNAFEI as well as amember of the Japanese Family Court and the Japanese Police. The Seminar was held from 14 to
17 August 2001.

Forthcoming Training Programmes

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1.

The 120th International Seminar

The 120th International Seminar, entitled “Effective Administration of the Police and theProsecution in Criminal Justice” is scheduled to be held from 15 January to 15 February 2002. The
120th International Seminar will examine the current situation of different police and prosecution
systems, identify any issues and problems and explore countermeasures to improve and enhancethese systems in order to provide models for more effective administrations.
Rationale
Crime is of major concern to all countries. As societies have been developing and changing
more rapidly, crimes have become more complex and sophisticated. What poses a great threat tosociety is not only an upsurge of crimes but also an increase of more complicated crimes such asorganized crime and transnational crime. Whereas the agencies involved in criminal justice systems
have been making every effort to combat such crimes, regrettably, the system does not always work
fully and efficiently. Looking at the problems in the system, a major obstacle to achieving the goals of
criminal justice process (i.e., the investigatory and prosecutorial stages) is less efficient andsuccessful than expected in spite of their extremely important roles. In other words, insufficientinvestigation and inappropriate screening of cases can cause various problems such as low
conviction rates, overloading of courts, delays in trial proceeding, and the increase of prisoners
awaiting trial, which seriously violate the rights of defendants and have an impact on society.
Under such circumstances, the systematic and functional reform of the police andprosecution has been or is being carried out in some countries throughout the world. In addition, oneof the topics to be discussed at the eleventh session of the United Nations Commission on Crime
Prevention and Criminal Justice to be held in 2002, will be “Criminal Justice Reform”. Therefore, it
is right time to reconsider the criminal justice system, in particular the police and the prosecution,from the viewpoint improving the system as a whole. Unless both agencies function effectively andeffectively, any law or international conventions would not have the desired effect of fighting crime.
Considering this situation, we focus our discussion on how the police and the prosecution systemshould operate. Essentially we must identify the problems that arise in the criminal justice process
and find the best way to make the process and system more effective.
In considering the issues of the police and prosecution, firstly, discussion has to be focusedon the police structure. Needles to say, the police system itself should be sufficiently organized tocarry out its tasks successfully. Effective cooperation and coordination amongst different
investigative agencies, and between the national headquarters and the local police, are furthermore
required.
Of the problems that hinder effective investigations, arbitrary political influence is one of thegreatest concerns. It is, therefore, imperative to discuss how to structure safeguards which do notallow undue external influences to be exerted by arbitrary political interventions and pressure.
Secondly, there is the relationship between the police and prosecutors. Since they are
intrinsically linked and inseparable, in light of their roles, they must complement each other in order
to conduct investigation successfully. Effective cooperation between them must be realized. In somecountries, prosecutors consult with the police even at an early stage, and give advice or instruction tothem to complete the investigation while responding respecting the independence of the police.
Although the power vested with prosecutors differs throughout the various systems worldwide, it is52

imperative to discuss and ascertain the best system and practices for the effective and successful
investigations ensuring between them.
Thirdly, we must discuss how to enhance prosecutorial functions, especially case screening.
Effective and appropriate case screening conducted by the competent agencies (public prosecutors,
police prosecutors, magistrates, or courts) is crucial to secure a sound and efficient criminal justicesystem, although case screening systems and evidentiary standards for prosecution differ from one
country to another. This topic also looks at the issue of which agencies or systems would be more
appropriate to conduct case screening effectively.
Giving due consideration to the above rationale, this Seminar intends to explore more
effective administration of the police and the prosecution in criminal justice systems in each of theparticipating countries. By clarifying and analyzing the actual situation and problems, sharing
experiences and knowledge, we will able to find the most appropriate direction towards effective
police and prosecution systems.
In the discussions of this seminar, focus will be placed on the following elements:
1. Effective police systems:(a)Current situations and problems(b)Conceivable measures to improve police systems(c)
Independence from arbitrary political and external influence
2. Cooperation between the police and prosecutors:(a)Systematic relationship between the police and prosecutors(b)
The role of prosecutors in criminal investigations, such as advice andinstructions to the police
3. Effective case screening by prosecutors or other competent agencies:(a)Current situations and problems(b)Countermeasures to improve case screening
Forthcoming Activities
1.

Philippines-UNAFEI Joint Seminar

The Philippines-UNAFEI Joint Seminar will be held in Manila under the theme of“Community Involvement in the Criminal Justice Administration” from 5 to 8 December 2001. The
Government of the Republic of the Philippines, JICA and UNAFEI will organize the Joint Seminar.

ADMINISTRATIVE NEWS

Overseas Trips by Staff
Mr. Keiichi Aizawa (Deputy Director) and Mr. Kenji Teramura (Professor) visited Costa

53

Rica from 14 to 28 July 2001 where they presented lectures on behalf of UNAFEI at the Third
International Training Course on Effective Treatment Measures to Facilitate Reintegration into
Society .
Mr. Mikinao Kitada (Director), Mr. Yuuichirou Tachi (Professor) and Mr. Kunihiko Suzuki(Staff) visited the People’s Republic of China from15 to 22 July 2001 for the purpose of fosteringinternational exchange between the respective criminal justice administrations.
Mr. Hiroshi Tsutomi (Professor) and Mr. Kei Someda visited Kenya as short-term experts,
as part of a JICA international assistance scheme providing special support to the Children’s
Department of Kenya from 24 July to 14 September 2001.
Ms. Sue Takasu (Professor) attended the Inter-Governmental Open-Ended Expert Group
Meeting to Prepare Draft Terms of Reference for the Negotiation of an International Legal
Instrument against Corruption in her capacity as a representative of the Japanese Government, from30 July 2001 to 3 August 2001.
Mr. Mikinao Kitada (Director), Mr. Tora Miura (Professor), Mr. Yasuhiro Tanabe(Professor) and Ms. Mikiko Kakihara (Professor) formed the UNAFEI delegation which attended
the joint Kenya-UNAFEI Seminar in Nairobi, Kenya from 6 to 22 August 2001.
Mr. Yasuhiro Tanabe (Professor) attended the International Association of Prosecutors’
Annual Conference in Sydney, Australia from 1 September to 8 September 2001 where he made apresentation to the conference.
Mr. Keiichi Aizawa (Deputy Director) participated in the Seminar on Extradition and Mutual
Legal Assistance as a visiting lecturer in Laos from 22 September to 1 October 2001.
Mr. Mikinao Kitada (Director) attended the 17th Law-Asia Conference held in Christchurch,
New Zealand from 3 to 8 October 2001 where he was invited to speak at two of the sub-sessions.
Mr. Kenji Teramura (Professor) acted as an observer at the 21st Asian and PacificConference of Correctional Administrators which was held in Cheng Mai, Thailand from 20 to 27
October 2001.

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI Email: unafei@nifty.com

STAFF & FACULTY OF UNAFEI
Faculty
Mr. Mikinao Kitada
Mr. Keiichi Aizawa
Mr. Toru Miura
Mr. Kenji Teramura

Director
Deputy Director
Chief of Training Division, Professor
Chief of Information & Library Service Division, Professor

54

Mr. Kei Someda
Mr. Yuichiro Tachi
Mr. Yasuhiro Tanabe
Ms. Sue Takasu
Mr. Hiroshi Tsutomi
Ms. Mikiko Kakihara
Mr. Sean Brian Eratt

Chief of Research Division, Professor
Professor, 119th Course Programming Officer
Professor, 119th Course Sub-Programming Officer
Professor
Professor
Professor
Linguistic Adviser

Secretariat
Mr. Yoshinori Miyamoto
Mr. Kunihiko Suzuki

Chief of Secretariat
Deputy Chief of Secretariat

General and Financial Affairs Section
Mr. Masuo Tanaka
Mr. Kimihiro Suga
Ms. Ikumi Yoshida
Mr. Wataru Inoue
Mr. Shokichi Kai
Mr. Teruo Kanai
Mr. Noboru Kaneko

Chief

Driver
Maintenance
MaintenanceTraining and Hostel Management Affairs Section
Mr. Takuma Kai
Mr. Makoto Nakayama
Ms. Aya Saito
Ms. Mayu Hayashi
Mr. Hiroyuki Koike
Ms. Kyoko Matsushita

Chief
119th Course Assistant Programming Officer

International Research Affairs Section

Secretarial Staff

Mr. Kouichirou Iida
Ms. Shinobu Nagaoka

Ms. Akiko Tsubouchi

Kitchen, Chef

JICA Coordinator

Mr. Tomohiko Takagi

Ms. Yasuko Ono

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