ISSN 1020-914X

UNAFEI

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

No. 119
Feb 2006

Established1961
IN THIS ISSUE
Page

LETTER FROM THE DIRECTOR .............................................................................................................................. 1
THE 132ND INTERNATIONAL SENIOR SEMINAR ............................................................................................... 3"STRENGTHENING THE LEGAL REGIME FOR COMBATING TERRORISM"
Seminar Rationale ......................................................................................................................................... 3
Seminar Summary ......................................................................................................................................... 7
Lecture Topics ............................................................................................................................................... 8
Individual Presentation Topics ...................................................................................................................... 10Group Workshop Sessions ............................................................................................................................ 12
Observation Visits ......................................................................................................................................... 15Group Study Tours ........................................................................................................................................ 16
Special Events ............................................................................................................................................... 17
Reference Materials Distributed ................................................................................................................... 19
Experts and Participants List ......................................................................................................................... 22
THE SIXTH TRAINING COURSE ON THE JUVENILE DELINQUENT TREATMENT SYSTEM FOR
KENYA ......................................................................................................................................................................... 25
EIGHTH INTERNATIONAL TRAINING COURSE ON CORRUPTION CONTROL IN CRIMINALJUSTICE ....................................................................................................................................................................... 27
INFORMATION ABOUT FORTHCOMING PROGRAMMES
Eleventh Special Seminar for Senior Criminal Justice Officials of the People's Republic of China ............ 29
The Second Seminar on the Criminal Justice System for Central Asia ........................................................ 29
The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand ............................ 29
The 133rd International Training Course ....................................................................................................... 29
ADMINISTRATIVE NEWS
Overseas Trips by Staff ................................................................................................................................. 32
FACULTY & STAFF OF UNAFEI .............................................................................................................................. 33

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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HOME PAGE: http://www.unafei.or.jp/

NO.119

1

LETTER FROM THE DIRECTOR

It is my privilege to inform readers of the successful completion of the 132nd International
Senior Seminar on "Strengthening the Legal Regime for Combating Terrorism", which took placefrom 10 January to 9 February 2006.
In this Seminar we welcomed eighteen overseas participants: eleven from Asia, four fromCentral and South America, two from the Pacific and one from Africa; and seven Japanese participants. They included police officers, public prosecutors, a judge, a probation officer, a customs officer, a correctional officer, an immigration officer and other high-ranking public officials. As thisNewsletter demonstrates, the Seminar was extremely productive. It consisted of individual presentations, group workshop sessions, visits to relevant criminal justice agencies, and lectures by visiting experts, faculty members and ad hoc lecturers.
The threat of terrorism to international peace and security is of increasing concern to theinternational community. The terrorist attacks on 11 September 2001, and the more recent attacks
in Indonesia, Madrid, London and elsewhere have prompted the international community to respond to this increasing threat. The United Nations and other international and regionalorganisations have in place a number of important Conventions and Protocols to attack this menace from every conceivable angle, including measures to make it difficult for terrorists to financetheir operations. Although many of these measures have been in place for a number of years
many Member States of the United Nations have not fully implemented them. Security Council
Resolution 1373 of September 2001 calls upon all Member States to become parties to the relevant Conventions and Protocols and implement them as soon as possible.
It is of utmost importance that States make a determined effort to not only ratify the 13
Universal Anti-Terrorism Conventions and Protocols but also take action to incorporate the measures into their national legislation and implement them in practice. If some Nations fail to act itwill have devastating consequences for the whole of the international community - allowing terrorists a safe haven in which to operate. The main purpose of this Seminar was to explore ways inwhich countries could effectively implement the necessary measures against terrorism, in particular
by criminalizing the relevant acts. In addition, the enhancement and practical implementation ofmutual legal assistance and cooperation was explored.
During the Seminar the participants diligently and comprehensively examined the current
situation of terrorism and the legal regime against it. They then analyzed the current problems andchallenges. After engaging in in-depth discussions with the UNAFEI faculty and visiting experts
they were able to come up with effective strategies and countermeasures, having regard to eachcountry’s resources and other individual factors, that were in harmony with the efforts being madeby the international community.
I would like to offer my sincere congratulations to all the participants upon their successful
completion of the Seminar, made possible by their strenuous efforts. My heartfelt gratitude goesto the visiting experts and ad hoc lecturers who contributed a great deal to the Seminar’s success.
Furthermore, I appreciate the indispensable assistance and cooperation extended to UNAFEI byvarious agencies and institutions, which helped diversify the programme.

2

A warm tribute must be paid to the Japan International Cooperation Agency (JICA) for its
immeasurable support throughout the Seminar. 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 Seminar.
Upon returning to their home countries, I genuinely believe that, like their predecessors, thestrong determination and dedication of the participants will enable them to work towards the improvement of their respective nation’s criminal justice systems, and to the benefit of the international society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 132nd
International Senior Seminar. I hope that the experience they gained during the Seminar proves
valuable in their daily work, and that the bonds fostered among the participants, visiting experts
and UNAFEI staff will continue to grow for many years to come.

February 2006

Mr. Masahiro Tauchi
Director, UNAFEI

3

THE 132nd INTERNATIONAL SENIOR SEMINAR"STRENGTHENING THE LEGAL REGIME FOR COMBATING TERRORISM"

Seminar Rational

1. Increasing Threat of Terrorism to the International Community
The first five years of the twenty-first century will unfortunately be remembered for the
proliferation of horrifying acts of terrorism in many parts of the world. The increasing threat ofterrorism to international peace and security, as witnessed in the terrorist attacks in the UnitedStates on 11 September 2001, is at present one of the most serious concerns of the international
community as a whole. In a society where democracy and human rights are of the utmost value,acts of terrorism as a means to accomplishing political, racial, religious, or any other objectives
are not to be tolerated. Acts of terrorism must be strongly denied as open defiance of the rule oflaw; which forms the basis for citizens of the world to live in peace and happiness.
The international community has been highly responsive to these threats. The United
Nations, its Member States, and other international and regional organizations accelerated discussions to tackle the issue of terrorism through a number of high level conferences and meetings
with the attendance of heads of states and concerned ministers, as well as relevant experts. In the
Asian region, strong political messages were sent out expressing the determination to fight terrorism, including the ASEAN Declaration in November 2001, Bali Ministerial Meeting in February
2004, and Japan-ASEAN Joint Declaration for Cooperation in the Fight against International
Terrorism in November 2004. Immense efforts have been made to analyze the latest situation,
identify problems, and develop strategies and cooperation mechanisms, thereby making the life of
terrorists harder than ever before.
2. Significance of Strengthening the Legal Regime for Combating Terrorism
A nation needs to be equipped with an effective legal regime for anti-terrorism as an essential tool for combating terrorism. This is especially true as terrorists and their supporters arehighly organized, well trained, and well funded in many cases, while normal domestic laws, suchas penal codes, cannot necessarily function as an efficient tool to prevent, detect and punish terrorism-related crimes. A sufficient coverage of criminalization, as required in the internationally established standards, is a prerequisite. It is requested that States accede to the 12＊ universal
conventions and protocols against terrorism as soon as possible, if they have not already done so.
A country also needs to put in place legal instruments to combat transnational organized crimes
in view of the highly organized character of most terrorist groups.
It is also important to suppress acts of terrorism from a financial point of view, as terror-* Editors note: Following the issuance of this rational, and since 14 September 2005, a 13th universal
convention, the International Convention for the Suppression of Acts of Nuclear Terrorism, has been
open for signature.

4

ists and their supporters need to obtain, maintain, and transfer funds, often using the services ofexisting financial institutions, in order to realize their objectives. A nation needs to strengthen its
financial system so as not to allow financial institutions to be abused and misused by terrorists
and their supporters. A robust financial system not only helps concerned authorities detect and prevent acts of terrorism at an early stage, but also obtains necessary financial intelligence that eventually leads to the freezing, confiscation, and forfeiture of terrorist funds and profits from theircriminal activities.
In this regard, the fight against terrorism has many things in common with the fight againstmoney laundering. Both terrorists and money launderers seek jurisdictions with more lax laws andregulations as physical bases for their criminal activities. If a country is poorly equipped withlegal instruments to combat terrorism, in comparison with its neighbouring countries, it becomesa vulnerable target for terrorism and a safe haven for terrorists from which they are dispatched toall over the world. Measures that have been developed and implemented during several decades
in the fight against money laundering are, to a great extent, being utilized to combat the financing
of terrorism.
As terrorists are often organized internationally and commit their criminal acts beyond national borders, effective and functioning mechanisms for international cooperation are crucial to expedite investigation, prosecution, and trials. Both formal and informal channels should be utilized
to the maximum extent to ensure speedy international cooperation at every stage of the criminal
justice operation.
Capacity building of concerned government agencies is always a key to the successful implementation of a legal regime. For this purpose, it is expected that voluntary contributions andappropriate technical assistance be made available to developing countries. It is to be noted that
the Government of Japan, having ratified all of the 12 universal conventions and protocols, hascontinued to provide technical assistance in many areas of anti-terrorism in cooperation with theUnited Nations, its Member States, and other international and regional organizations.
Finally, States must ensure that any measures taken to combat terrorism are in conformity
with the Charter of the United Nations and international law, in particular international humanrights, refugee and humanitarian law.
3. Measures to Combat Terrorism Taken by the United Nations
The United Nations is the primary organ for establishing guiding principles for a nation tostrengthen its legal regime for fighting terrorism. At the Eleventh United Nations Congress on
Crime Prevention and Criminal Justice held in Bangkok in April 2005, the issue of terrorism wasdiscussed as one of the main topics, and a workshop was held to upgrade measures to combat it.
The United Nations adopted the following 12 conventions and protocols pertaining to terrorism over a span of 36 years from 1963 to 1999, as important normative foundations in a number of areas. Four of these conventions apply to aviation security, and the others apply to attacks
on or kidnapping of internationally protected persons, such as diplomatic agents; attacks upon civilian maritime vessels; attacks on platforms on the high seas; the taking of civilian hostages; explosives and other dangerous devices; the financing of terrorism; and the protection of nuclear
material.
(i) Convention on Offences and Certain Other Acts Committed On Board Aircraft ("Tokyo
Convention", 1963)(ii) Convention for the Suppression of Unlawful Seizure of Aircraft ("Hague Convention", 1970)

5(iii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation("Montreal Convention", 1971)(iv) Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons (1973)(v) International Convention against the Taking of Hostages ("Hostages Convention", 1979)(vi) Convention on the Physical Protection of Nuclear Material ("Nuclear Materials Convention",
1980)(vii) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation (1988)(viii)Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation(1988)(ix) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Locatedon the Continental Shelf (1988)(x) Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)(xi) International Convention for the Suppression of Terrorist Bombing (1997)(xii) International Convention for the Suppression of the Financing of Terrorism (1999)
Security Council resolution 1373 (2001) issued on 28 September 2001 declared that acts,
methods and practices of terrorism are contrary to the purposes and principles of the United
Nations, and called upon all States to become parties as soon as possible to the relevant international conventions and protocols relating to terrorism and fully implement them. That resolution
was adopted by the Council acting under Chapter VII of the Charter of the United Nations, whichmakes it binding on all the United Nations Member States.
Security Council resolution 1373 (2001) also led to the creation of the Counter-Terrorism
Committee (CTC), which monitors the implementation of the resolution by all States and has been
vigorously monitoring the ratification of the 12 international legal instruments. The CTC has since
become the United Nations’ leading body to promote collective action against international terrorism, and increased the capability of States to fight terrorism, including bringing Member States toan acceptable level of compliance with the terrorism-related conventions and protocols. In restructuring the CTC, the Counter-Terrorism Executive Directorate (CTED) has been established as a
special political mission for an initial period ending on 31 December 2007.
Subsequently, Security Council resolution 1566 (2004) condemned, in the strongest terms,
all acts of terrorism irrespective of motivation as one of the most serious threats to peace and security, called upon States to cooperate fully in the fight against terrorism and called upon States
to become party, as a matter of urgency, to the relevant international conventions and protocols,
whether or not they are a party to regional conventions on the matter.
Recently, the Bangkok Declaration, issued as a result of the Eleventh United Nations
Congress, also called upon States, that have not yet done so, to become parties to and implement
the universal instruments against terrorism.
In the context of the United Nation’s efforts to prevent and combat terrorism, the United
Nations Office on Drugs and Crime (UNODC) has an expanded program of work for technical assistance to counter terrorism that is based on mandates recommended by the UN Commission on
Crime Prevention and Criminal Justice and approved by the General Assembly. These mandates,
carried out by UNODC’s Terrorism Prevention Branch (TPB) within the Division for Treaty
Affairs (DTA), include the provision of technical assistance and advisory services to countries intheir fight against terrorism. As a consequence, UNODC’s operational activities focus on

6strengthening the legal regime against terrorism. This involves providing legislative assistance tocountries, which enables them to become parties to, and implement, the universal anti-terrorism
conventions and protocols as well as to implement Security Council resolution 1373 (2001).
Against this background, this Seminar intends to assist efforts by Member States in thefight against terrorism, in particular those efforts towards accession to and implementation of therelevant legal instruments, in close cooperation with UNODC.
Objectives
The objectives of this Seminar and its subtopics are as follows:
1. To examine and analyze the current situation of terrorism and the existing legal regime againstit
Subtopics: Current Situation of:(a) Terrorism and related crimes in the participating countries and region;(b) The accession by the participating countries to the 12 universal conventions and protocols
pertaining to terrorism;(c) Existing domestic laws to combat terrorism, especially those related to the criminalization ofacts of terrorism, combating terrorist financing, and international cooperation such as extradition and mutual legal assistance.
2. To identify and analyze the current problems and challenges
Subtopics: Problems and Challenges:(a) In the accession by the participating countries to the 12 universal conventions and protocols
to which the participating countries are not a party, especially in drafting laws to fulfil their
obligations;(b) In the full implementation of the above instruments to which the participating countries area party;(c) Of a non-legal nature that require special attention in strengthening the legal regime of theparticipating countries.
3. To explore effective strategies and countermeasures in harmony with the efforts being made by
the international community
Subtopics: Measures to:(a) Expeditiously accede to the universal instruments;(b) Effectively implement the universal instruments - domestic context, especially the criminalization of acts of terrorism and combating the financing of terrorism;(c) Effectively implement the universal instruments - international cooperation such as extradition
and mutual legal assistance;
Strengthen capacity building of concerned agencies.

7

Seminar Summary

Lectures
In total, eight lectures were presented by visiting experts, three by ad hoc lecturers andseven by the Professors of UNAFEI. Four distinguished criminal justice practitioners and scholars
from abroad served as UNAFEI visiting experts. They lectured on issues relating to the main
theme, and contributed significantly to the Seminar by encouraging discussions after their own lectures, participating in the discussions of other programmes, and conversing with the participants on
informal occasions. Additionally, distinguished senior officials of the Government of Japan delivered ad hoc lectures. The lecturers and lecture topics are listed on pages eight and nine.
Individual Presentations
During the first week, each Japanese and overseas participant delivered a fifty minute individual presentation, which introduced the actual situation, problems and future prospects of his/hercountry. These papers were compiled onto a CD Rom and distributed to all the participants. The
titles of these individual presentation papers are listed on pages ten and eleven.
Group Workshop Sessions
Group Workshop Sessions further examined the subtopics of the main theme. In order to
conduct each session effectively, the UNAFEI faculty selected individuals to serve as ’group members’ for the sub-topics, based on their response to a questionnaire previously distributed. Selectedparticipants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, and faculty
members served as advisers. Each group’s primary responsibility was to explore and develop theirdesignated topics in the Group Workshop Sessions. The participants and UNAFEI faculty seriously
studied the topics and exchanged their views based on information obtained through personal experience, the Individual Presentations, lectures and so forth. After the Group Workshop Sessions,
reports were drafted based on their group discussions. These reports were subsequently presented
in the plenary meetings and report-back session, where they were endorsed as the reports of the
Seminar. Very brief summaries of the Group Workshop reports are provided on pages twelve
through fourteen.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Course’s academic agenda, many activities were arranged to provide a greater understanding of Japanese society and culture, with the assistance of various organizations and individuals, including the Asia
Crime Prevention Foundation (ACPF). For more detailed descriptions, please refer to pages fifteen
through eighteen.

8

Lecture Topics

Visiting Experts’ Lectures
1)

Mr. Jean-Paul Laborde• The Role of the United Nations, in particular UNODC, in implementing the 13 Universal
Legal Instruments Against Terrorism• Enhancement of the Accession to and Implementation of the 13 Universal Anti-terrorism
Conventions and Protocols, and the Role of the United Nations and UNOCD

2)

Mr. Javier Ruperez• The United Nations In The Fight Against Terrorism• Anti-terrorism - Concerted Efforts by the United Nations and the International Community

3)

Mr. John Forbes• Remittance Based Money Laundering - Paradigm Shift? (Part I)• Remittance Based Money Laundering - Paradigm Shift? (Part II)

4)

Professor Dr. Juhaya S. Praja• Islam, Globalization, And Counter Terrorism• Islam Post 9-11 - Indonesia’s Experience

UNAFEI Professors Lectures
1)

Mr. Haruhiko Higuchi• Police in Japan2)

Ms. Kayo Ishihara• Investigation and Prosecution in Japan3)

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

4)

Mr. Motoo Noguchi• The Financing of Terrorism

5)

Mr. Keisuke Senta, (Deputy Director)• International Cooperation in the Area of Criminal Justice6)

Mr. Keisuke Senta, (Deputy Director)• The Making of U.N. Conventions in the Area of Criminal Justice7)

Mr. Motoo Noguchi• Recent Developments in the Area of International Criminal Justice, Including theEstablishment of International Criminal Tribunals

9

Ad Hoc Lectures
1)

Mr. Rokuichiro Michii
Director, International Counter-Terrorism Cooperation Division, Ministry of Foreign Affairs,
Japan• Situation of International Terrorism and Japan’s Efforts

2)

Mr. Nobuyuki Muroki
Chief Superintendent, Counsellor for Legal Affairs, Commissioner-General’s Secretariat,
National Police Agency• Counter Terrorism Measures by the Police

3)

Mr. Hiroshi Kimizuka
Deputy Director, Data Processing System Development Office, Immigration Bureau, Ministryof Justice• E-Immigration - Automated Biometrics Clearance System

10

Individual Presentation Topics

Overseas Participants
1)

Mr. Sonam (Bhutan)• Country Report

2)

Mr. Laercio Rossetto (Brazil)• Country Report

3)

Mr. Eddy Sigfrido De Los Santos Perez (Dominican Republic)• Country Report

4)

Mr. Aldrin Enrique Lainez Cruz (Honduras)• Terrorism in Honduras

5)

Mr. Devendra Kumar Pathak (India)• Country Report

6)

Mr. Prima Idwan Mariza (Indonesia)• Country Report

7)

Mr. Souphy Norintha (Laos)• Country Report

8)

Mr. Mohammad Supian Bin Mohd Yaacob (Malaysia)• Country Report

9)Mr. Thet Lwin (Myanmar)• Country Report10) Mr. Harishchandra Dhungana (Nepal)• Country Report11) Mr. Hodges Api Ette (Papua New Guinea)• Country Report
12) PSUPT. Odelon Garrido Ramoneda (Philippines)• War Against Terrorism: The Philippine Setting13) Colonel Ali Mohammed Alsahli (Saudi Arabia)• Country Report14) Mr. Jirawoot Techapun (Thailand)• Terrorism and Legal Counter-Measures for Terrorism in Thailand
15) Mr. Viliami ’Unga Afuha’amango Fa’aoa (Tonga)• Country Report1116) Mr. Hugo Rodolfo Gamarra Atencio (Venezuela)• Country Report17) Ms. Le Thi Van Anh (Viet Nam)
• Vietnam Law and Assessment of the Legal System in Vietnam in Comparison the United
Nations Convention against Terrorism18) Mrs. Fortune Chimbaru (Zimbabwe)• Country ReportJapanese Participants19) Mr. Koichi Endo & 20) Mr. Ryuji Kuwayama• Ratification/Accession by Japan to Counter-Terrorism Conventions and Protocols and Japan’s
Enhancement of Preventive Measures for Terrorism21) Ms. Mari Miyoshi• International Terrorism and Immigration Control of Japan22) Mr. Tadashi Imai & 23) Ms. Masayo Doi• Terrorism Threat in Japan and Public Security Intelligence Agency’s Measures to Prevent
Terrorism24) Mr. Makoto Uemura & 25) Mr. Kazuo Sasaki• Country Report12Group Workshop Sessions
Group 1STRENGTHENING THE LEGAL REGIME, IN PARTICULAR, THE ISSUES OFCRIMINALIZATION AND INTERNATIONAL COOPERATION
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Visiting Expert
Advisers

Mr. Laercio Rossetto
Mr. Harishchandra Dhungana
Mr. Kazuo Sasaki
Ms. Fortune Chimbaru
Mr. Ryuji Kuwayama
Mr. Souphy Norintha
Mr. Jirawoot Techapun
Ms. Le Thi Van Anh
Professor Dr. Juhaya S. Praja
Deputy Director Keisuke Senta
Prof. Kayo Ishihara
Prof. Iichiro Sakata
Prof. Tae Sugiyama(Brazil)(Nepal)(Japan)(Zimbabwe)(Japan)(Laos)(Thailand)(Viet Nam)
(Indonesia)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup One dealt with the above topic by dividing their discussions into two parts, namely,
criminalization and international cooperation. They discussed the importance of criminalizing acts
required by the 11 UN Universal Conventions/Protocols irrespective of whether a particular country was exposed to the threat of terrorism because of its serious global effects. They then discussed the obstacles to the criminalization of such acts and possible solutions, noting that mostcountries had already criminalized terrorist acts, although in most countries the financing of terrorism is not criminalized. They also discussed the availability of exceptions and defences to theseoffences and their conformity to the Conventions. And they discussed the obstacles to establishingjurisdiction over these offences and possible solutions and the obstacles to making these offences
punishable by appropriate penalties and possible solutions.
The Group went on to discuss the second main topic of mutual assistance and extradition.
They looked at the obstacles to the provision of mutual assistance and extradition of terrorist offenders and possible solutions; obstacles where the offence is committed for political purposes andpossible solutions; and obstacles to the obligation to extradite or prosecute.
Group One concluded its discussions by making the following recommendations. 1) In
order that no country can become a safe haven for terrorists all countries should accede to the 13
UN Universal Conventions/Protocols as soon as possible. 2) In order to implement theConventions/Protocols each country must criminalize terrorist offences and establish jurisdiction
over them. 3) Adequate resources must be allocated by all countries to ensure the implementationof the Conventions/Protocols. 4) All countries should make penalties sufficiently severe in orderthat they qualify as extraditable offences. 5) All countries should offer mutual assistance. 6) Thereis a need for cooperation among countries and criminal justice agencies, etc. 7) The awareness ofthe judiciary needs to be raised so that they can distinguish "political offences" from terrorism
acts. 8) All countries must fulfil the obligation of aut dedere aut juducare.

13Group 2
FINANCING OF TERRORISM
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members
Advisers

Mr. Devendra Kumar Pathak
Colonel Ali Mohammed Alsahli
Mr. Koichi Endo
Mr. Hodges Api Ette
Mr. Aldrin Enrique Lainez Cruz
Mr. Makoto Uemura
Mr. Prima Idwan Mariza
Mr. Thet Lwin
Prof. Motoo Noguchi
Prof. Megumi Uryu
Prof. Masato Uchida(India)(Saudi Arabia)(Japan)(Papua New Guinea)(Honduras)(Japan)(Indonesia)(Myanmar)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup Two began their discussions by stating that terrorist organizations require financial
resources in order to carry out their unlawful activities. They agreed that although there was no
specific definition of terrorism this did not preclude States from criminalizing actions that constitute the crime of financing of terrorism since the various acts that constitute an act of terrorism
were commonly agreed upon. They then went on to discuss the importance of distinguishing itfrom money laundering so that States are able to deal with both types of crime adequately.
Each member of the Group then gave an overview of their particular country’s experience.
They then discussed measures against the financing of terrorism, including how finances are generated, the methods used to transfer monies and obligations for reporting. The Group went on to
discuss international cooperation of investigations and preventive and detecting measures.
The Group concluded their discussions with the following recommendations. Each country
should: i) ratify and implement the International Convention for the Suppression of the Financingof Terrorism; ii) adopt and implement the FATF 40 Recommendations and 9 Special Recommendations, in particular have a legal framework to detect and investigate terrorist financing, criminalize all acts of terrorism and bring the perpetrators to justice and ensure that all legal persons are
subject to civil, criminal or administrative sanctions for non-compliance iii) ensure all banks, etc.
are properly licensed including alternative remittance providers; iv) issue regulations for financial
institutions with respect to terrorist financing obligations under the international standards and relevant domestic laws; v) ensure the compliance of financial institutions with regulations such as theknow your customer rule, etc.; vi) regulate gatekeepers with respect to the obligation to make suspicious transaction reports; vii) enhance information sharing at the regional and international level;viii) enhance inter-agency cooperation among relevant ministries and agencies; ix) augment intelligence agencies; x) hold training programmes locally and internationally for government officials tofamiliarize them with the latest methods in combating terrorist financing; and xi) conduct awareness programmes for the general public.

14

Group 3
PREVENTION, DETECTION, INVESTIGATION AND PROSECUTION OF
TERRORISM ACTS
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteurs
Members

Advisers

Mr. Eddy Sigfrido De Los Santos Perez
Ms. Mari Miyoshi
Mr. Viliami Unga Afuhaamango Fa’aoa
Mr. Mohammad Supian Bin Mohd Yaacob
Mr. Tadashi Imai
Mr. Hugo Rodolfo Gamarra Atencio
Mr. Sonam
Ms. Masayo Doi
PSUPT. Odelon Garrido Ramoneda
Prof. Tomoyuki Noge
Prof. Haruhiko Higuchi
Prof. Hiroyki Shinkai
Prof. Satoko Ikeda(Dominican Rep)
(Japan)(Tonga)(Malaysia)(Japan)(Venezuela)(Bhutan)(Japan)(Philippines)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup Three firstly discussed effective measures to control entry of terrorists and dangerous
materials. They suggested the following measures i) the use of high performance detection equipment to detect smuggling ii) biometric I.D. systems to counter the problem of forged passportsiii) the use of an Advanced Passenger Information System iv) severe penalties for those smuggling/illegal entry of terrorists or dangerous materials v) a monetary award system to encourage
people to give information regarding illegal entry vi) greater powers for immigration and customs
officials vii) cooperation with other enforcement agencies viii) use of sniffer dogs to detect dangerous materials ix) enhance land, sea and air patrols to detect illegal entry x) well trained immigration and customs officials and xi) the development of a database of terrorists to ensure early
detection.
The Group then discussed effective measures to prevent and suppress terrorism acts withineach country’s own territory. They suggested the following measures i) having better knowledgeof the terrorists’ activities ii) criminalize terrorist activities and organizations iii) prevent terrorists
from getting materials that can be used for terrorism iv) suppress terrorist financing v) strengthen
security measures at potential terrorists targets vi) educate the public on the danger and impact ofterrorist activities and vii) build strong inter-governmental agency cooperation by exchanging andsharing information.
Thirdly they discussed specific issues related to the investigation and prosecution of terrorism offences, specifically special investigative techniques, witness protection and the use and protection of intelligence information in criminal proceedings.
The final subject discussed was coordination and cooperation among relevant authorities.
The Group suggested the following measures i) every agency should share information ii) eachcountry should adopt the measures relating to mutual legal assistance laid down in the 13 UN
Conventions and Protocols. Group Three concluded their discussions by stating, among otherthings, that every country should make every effort to enter into and fully implement the 13 UN
Conventions and Protocols.

15

Observation Visits

Date

Agency/Institution

Main Persons Concerned

Jan 18

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

Jan 18

Ministry of Justice• Mr. Seiken Sugiura
Minister of Justice

Jan 24

Supreme Court• Mr. Yuki Furuta
JusticeJan 24

Tokyo District Court• Mr. Seishi Kanetsuki
Chief Judge

Feb 1

National Research Institute of Police
Science• Mr. Jun Nakamura
Head Explosion Investigation Section

16Group Study Tours

Date

Group

Agency/Institution

Main Persons Concerned

Jan
20-21

Kobe and
Kyoto

Hyogo Prefectural Police
Headquarters• Mr. Hirofumi Motooka
Superintendent

Osaka Regional Immigration
Bureau, Kobe Branch• Mr. Kunio Takahashi
Director

1St Regional Coast Guard
Headquarters• Mr. Hitoshi Noami
Director

Hakodate Regional
Customs• Mr. Shinjiro Kawasaki
Director

Sapporo Prison• Mr. Yoshiyasu Yonezawa
WardenFeb
5-7

Sapporo,Hokkaido

17

Special Events

Jan 10Welcome Party

Jan 13

Table Tennis Tournament

The participants and staff held an exciting table tennis tournament followed by a prize
giving ceremony and a small party.
Jan 16, 17 and 26

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes. They learned
practical Japanese expressions. The Sensei (teacher) was Ms. Kumiko Yanagisawa (staff).
Jan 18Courtesy Visit to the Ministry of Justice andReception by the Vice-Minister of Justice

After visiting the Ministry of Justice, a reception was held by the Vice-Minister ofJustice, Mr. Toshiaki Hiwatari, at the Lawyers Club, Tokyo.
Jan 20West Japan (Kobe/Kyoto) Study TourIn addition to the observation visits, the participants were able to enjoy trips to the
Kinkaku-ji Temple, Kiyomizu-dera Temple and Sanjyusangen-Do Temple.
Jan 27

Public Lecture Programme

The Public Lecture Programme is conducted annually to increase social awareness ofcriminal justice issues through comparative international study. The Programme sponsored by
the Asia Crime Prevention Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and
UNAFEI, was held in the Grand Hall of the Ministry of Justice and was attended by distinguished guests, UNAFEI alumni and the participants of the 132nd International Senior Seminar.
This year, Mr. Javier Ruperez (UNCTED), Mr. John Forbes (ADB), Prof. Dr. Juhaya
S. Praja (Indonesia) and Mr. Jean-Paul Laborde (UNODC), were invited as speakers to theprogramme. They presented papers on "Anti-terrorism Concerted Efforts by the United
Nations and the International Community"; "Remittance Based Money Laundering - Paradigm
Shift?"; "Islam Post 9-11 - Indonesia’s Experience"; and "Countering Terrorism: NewInternational Criminal Law Perspectives", respectively.
Jan 27

UNAFEI Alumni Reception

The UNAFEI Alumni Association held an enjoyable reception for the participants at
the Lawyers Club.

18

Jan 31

ACPF Nangoku-Kai Party

The ACPF Nangoku Branch hosted an enjoyable party, with a magic show, for theparticipants at the Le Meridien Pacific Tokyo Hotel.
Feb 5-7

Hokkaido Study TourIn addition to the observation visits, the participants were able to enjoy trips to the
Sapporo TV Tower, the Sapporo Brewery and Lake Shikotsu for the Ice Statue Festival. The
participants also visited Odori Park where they enjoyed the exhibits of the Snow Festival. The
ACPF Sapporo branch welcomed the participants and held an enjoyable reception in theirhonour.
Feb 9

Farewell Party

19

Reference Materials Distributed

A. United Nations, UN Office on Drugs and Crime, Counter-Terrorism Committee,
Counter-Terrorism Executive Directorate and Other UN Counter-Terrorism Bodies andInitiatives
1. The United Nations System and Terrorism.
2. UNODC Terrorism Prevention Branch: Delivering Counter-Terrorism Assistance.
3. UN CTC and CTED-- Documents Related to Their Role and Mandate.
(1) S/2005/663: Work programme of the Counter-Terrorism Committee (1 October-31
December 2005) (annexed).
(2) S/2004/914: Report of the Secretary-General: Steps taken to make the Counter-Terrorism
Committee Executive Directorate fully operational (annexed).
(3) S/2004/124: Proposal for the Revitalisation of the Counter-Terrorism Committee (annexed).
(4) UN Security Council Resolution 1535 (2004).
(5) S/2004/642: Letter dated 11 August 2004 from the President of the Security Council addressed to the Secretary-General [Informing endorsement by the Security Council of the"Organizational plan of the Counter-Terrorism Committee Executive Directorate"(Enclosure)].
4. Bangkok Declaration.

B.

UN General Assembly Resolutions and UN Security Council Resolutions

1. General Assembly Resolution 49/60: Measures to Eliminate International Terrorism.
2. General Assembly Resolution 51/210: Measures to Eliminate International Terrorism.
3. General Assembly Resolution 56/88: Measures to Eliminate International Terrorism.
4. Security Council Resolution 1267 (1999).
5. Security Council Resolution 1269 (1999).
6. Security Council Resolution 1368 (2001).
7. Security Council Resolution 1373 (2001).
8. Security Council Resolution 1377 (2001).
9. Security Council Resolution 1456 (2003).
10. Security Council Resolution 1535 (2004).
11. Security Council Resolution 1566 (2004).
12. Security Council Resolution 1624 (2005).

C.
1.
2.
3.
4.

13 UN Conventions on Terrorism and Related Materials

Convention on Offences and Certain Other Acts Committed on Board Aircraft.
Convention for the Suppression of Unlawful Seizure of Aircraft.
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation.
5. Convention on the Prevention and Punishment of Crimes against Internationally Protected
Persons.
6. International Convention against the Taking of Hostages.

20

7. (1) Convention on the Physical Protection of Nuclear Material.
(2) Amendment to the Convention on the Physical Protection of Nuclear Material.
8. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
9. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Locatedon the Continental Shelf.
10. Convention on the Marking on Plastic Explosives for the Purpose of Identification.
11. International Convention for the Suppression of Terrorist Bombings.
12. International Convention for the Suppression of the Financing of Terrorism.
13. International Convention for the Suppression of Acts of Nuclear Terrorism.
14. 2005 protocols to the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation and Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms Located on the Continental Shelf.
15. Legislative Guide to the Universal Anti-Terrorism Conventions and Protocols (UNODC, 2003).
16. Check Lists for the 12 Universal Anti-Terrorism Conventions and for Security Council
Resolution 1373 (2001) (UNODC).
17. Related UN Convention/Protocols: United Nations Convention against Transnational Organized
Crime (Annex I), Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (Annex II), supplementing the United Nations Convention against
Transnational Organized Crime, Protocol against the Smuggling of Migrants by Land, Sea andAir, supplementing the United Nations Convention against Transnational Organized Crime(Annex III).

D.

FATF Recommendations and Related FATF Documents

1. The Forty Recommendations, incorporating the amendments of 22 October 2004 (Interpretativenotes annexed).
2. Special Recommendations on Terrorist Financing (22 October 2004) (Interpretative notes included).
3. Guidance Notes for the Special Recommendations on Terrorist Financing and the SelfAssessment Questionnaire.
4. Guidance for Financial Institutions in Detecting Terrorist Financing
5. FATF Annual Report 2004-2005.

E.

Other Related Materials

1. Report of the Secretary-General’s High-level Panel: "A more secure world: Our shared responsibility" (2004) (extract).
2. Report of the Secretary-General: "In Larger Freedom: toward development, security and humanrights for all" (21 March 2005) (extract).
3. "Strengthening Cooperation against International Terrorism" hosted by the Organization for
Security and Co-operation in Europe (OSCE) in Cooperation with the UNODC, Vienna
Austria, 11-12 March 2004 (extract).
(1) Contents, and Preface by Ambassador Javier Ruperez, Executive Director of the CTC of
the Security Council.
(2) The Increase in the Number of Ratifications of United Nations Anti-Terrorism Conventions
since the Adoption of UNSC Resolution 1373, Joel Sollier, Expert Advisor to the CTC.
(3) Presentation on the Technical Assistance Delivered by Terrorism Prevention Branch, Walter
Gehr, Project Coordinator, TPB/UNODC.
4. Eleventh United Nations Congress on Crime Prevention and Criminal Justice, Bangkok, 18-25

21

April 2005, International cooperation against terrorism and links between terrorism and othercriminal activities in the context of the work of the United Nations Office on Drugs andCrime.
(1) Working paper prepared by the Secretariat (A/CONF.203/5).
(2) Workshop 4: Measures to Combat Terrorism, with reference to the Relevant International
Conventions and Protocols, Background paper (A/CONF.203/12).
(3) A/CONF.203/18 Report of the Eleventh United Nations Congress on Crime Prevention andCriminal Justice (extract).
(4) Compilation of reports on workshops and ancillary meetings, Eleventh UN Congress on
Crime Prevention and Criminal Justice, Bangkok, Thailand 18-25 April 2005 (extract).

22

Experts and Participants List

Visiting Experts
Mr. Jean-Paul Laborde

Chief
Terrorism Prevention Branch,
United Nations Office on Drugs andCrime,
Vienna International Centre,
ViennaProf. Dr. Juhaya S. Praja

Professor
Post Graduate Programme,
Bandung Islamic State University,
Indonesia

Mr. John Forbes

Anti-Money Laundering Specialist
Office of the General Counsel,
Asian Development Bank,
Philippines

Mr. Javier Ruperez

Assistant Secretary-General
Executive Director,
Executive Directorate,
United Nations Counter-Terrorism,
Committee (CTED),
U.S.A.

Overseas Participants
Mr. Sonam

Officer in Charge/Officer Commandant
Wangdue Police Station,
Royal Bhutan Police,
BhutanMr. Laercio Rossetto

Police Chief
Civil Police of the Federal District,BrazilMr. Eddy Sigfrido De Los Santos Perez

Brigadier, National Police Director
Institute for Superior Studies,
Dominican Republic

Mr. Aldrin Enrique Lainez Cruz

Boss of Post-Grade Unit at the Police
University,
Secretary of Security National Police,
Honduras

23

Mr. Devendra Kumar Pathak

Inspector General of Police (Law & Order)
Assam
Assam Police Headquarters,
India

Mr. Prima Idwan Mariza

Head Sub Division Preparation Material
for Law Socialization
The Attorney General of the Republic ofIndonesia,
Indonesia

Mr. Souphy Norintha

Head of Protocol and Foreign Relations
Division
Ministry of Justice,
Laos

Mr. Mohammad Supian Bin Mohd
YaacobSuperintendent of Customs
Preventive Division,
Royal Malaysian Customs Headquarters,
Malaysia

Mr. Thet Lwin

Commander No. 1 Pol. Battalion
Myanmar Police Force,
MyanmarMr. Harishchandra Dhungana

Law Officer
Ministry of Home Affairs,
Nepal

Mr. Hodges Api Ette

Principal Legal Officer
Department of Police Konedobu,
Royal PNG Constabulary,
Papua New Guinea

PSUPT. Odelon Garrido Ramoneda

Chief
District Operations Division,
Eastern Police District,Philippines

Colonel Ali Mohammed AlsahliColonelNaif Arab University for Security
Science,
Saudi Arabia

Mr. Jirawoot Techapun

Provincial Chief Public Prosecutor
Juvenile and Family Litigation of Roi-ED
Province,
Thailand24

Mr. Viliami ’Unga Afuha’amango Fa’aoa

Assistant Police Commander
Ministry of Police,
Tonga

Mr. Hugo Rodolfo Gamarra Atencio

Director
Strategic Analysis and Monitoring ofInformation Directorate,
Scientific, Penal and Criminalistics
Investigation Organization,
Venezuela

Ms. Le Thi Van Anh

ExpertDepartment of Criminal and
Administration Legislation,
Ministry of Justice,
Viet Nam

Mrs. Fortune Chimbaru

Principal Law Officer
Attorney General’s Office,Zimbabwe

Japanese Participants
Ms. Masayo Doi

Deputy Director
Nagoya Probation Office

Mr. Koichi Endo

Public Prosecutor/Professor
The First Training Department,
Research and Training Institute,
Ministry of Justice

Mr. Tadashi Imai

Specialist
General Affairs Department,
Public Security Intelligence Agency

Mr. Ryuji Kuwayama

Principal Programme Supervisor
International Affairs Division,
Fuchu Prison

Ms. Mari Miyoshi

Director Registration Division
Immigration Bureau,
Ministry of Justice

Mr. Kazuo Sasaki

Judge/Professor
Legal Training and Research Institute,
Supreme Court

Mr. Makoto Uemura

Public Prosecutor
Tokyo District Public Prosecutors Office

25

THE SIXTH TRAINING COURSE ON THE JUVENILE
DELINQUENT TREATMENT SYSTEM FOR KENYA

UNAFEI held the Sixth Training Course on the Juvenile Delinquent Treatment System for
Kenya from 17 October to 10 November 2005. The participants comprised officials working forthe prevention of delinquency and the treatment of juvenile delinquents in Kenya including thechildren’s department, the children’s court, the police, probation officers, corrections officers andvolunteer children’s officers. The Course exposed Kenyan officials to the workings of the Japanese
juvenile justice and treatment systems through lectures, a practicum and observation visits to relevant agencies.

Mr. Noah Mokaya Omambia
Sanganyi

Assistant Director of Children’s Services
Department of Children’s Services,
Ministry of Home Affairs

Mr. Eliud Festus Mutwiri

Provincial Children’s Officer
Central Province

Mr. Peterson Ndwiga

Manager
Kabete Rehabilitation School

Mr. Joseph Sila Mulinge

Manager/Children’s Officer
Kisumu Children’s Remand Home

Ms. Caroline Chepkemoi Towett

Manager
Nairobi Children’s Remand Home

Ms. Loise Mugure Gikuhi

District Children’s Officer
Embu District

Mr. Kenneth Mbito Mvurya

District Children’s Officer
Lamu District

Mrs. Bibiana Robayi Khamete
Andabwa

Volunteer Children’s Officer
Kakamega District

Mr. Johnstone Cheruiyot Koech

Senior Probation Officer
Probation Department,
Ministry of Home Affairs

Ms. Teresia Achieng Oloo

Probation Officer
Probation Department,
Ministry of Home Affairs

Mr. Angus Masoro Kimega

Superintendent in Charge
Shimo La Tewa Borstal Institution

26

Ms. Rhoda Akinyi Anyim

Officer in Charge
Kisumu Women Prison

Ms. Beatrice Nthiori ThuraniraChildren’s Court Magistrate
Mombasa Law Courts

Mr. Walter Ndolo Nyarima

Acting Principal Magistrate
Busia Law Courts

Mr. Joseph Kipsang Kiget

Senior Superintendent of Police/Officer
Commanding Police
Teso Police Division

Ms. Lilian Gloria Akoth Okembo

Chief Inspector/Officer in Charge
Traffic Department Instructor,
Kenya Police College

27

EIGHTH INTERNATIONAL TRAINING COURSE ON
CORRUPTION CONTROL IN CRIMINAL JUSTICEUNAFEI conducted the Eighth International Training Course on Corruption Control in
Criminal Justice entitled "Corruption Control in Criminal Justice" from 24 October to 17
November 2005. In this Course, Japanese and foreign officials engaged in corruption control comparatively analyzed the current situation of corruption, methods of corruption prevention, andmeasures to enhance international cooperation.
The participants, through the Course, recognized the importance of cooperation among relevant agencies, as well as among States, to successfully tackle corruption cases and planned to establish a discussion group to enable them to maintain the network they had established at
UNAFEI in order to continue to exchange information and cooperate in the future, including offering mutual legal assistance.

Ms. Irina Kharatyan

Specialist
Department of Legal Expertise Court ofCassation,
Armenia

Mr. Golam Shahriar Chowdhury

District Anti Corruption Officer(Investigator)
Anti Corruption Commission,
Bangladesh

Ms. Lerato Dube

Senior Anti Corruption Officer
Directorate on Corruption and Economic
Crime,
Botswana

Ms. Pen Somethea

Searching and Publishing Law Manager
Criminal and Commutation Affaires
Department,
Ministry of Justice,Cambodia

Ms. Aliti Kiji Choi

Senior Legal Officer
Director of Public Prosecution Office,Fiji

Mr. Arie Sudihar

Head of Section for Special Crime
District Prosecution Service ofManokwari,
Indonesia

Mr. Kadhem Salman Nuhar Altimimi

Investigator
Commission on Public Integrity,
Iraq

28

Mr. Acksonesinh Vixayalai

Assistant Judge
People’s Supreme Court,
Laos

Mr. Herinavalona Thierry Ravalomanda

Magistrate
Deputy Public Prosecutor,
Chaine Penale Anti Corruption,
Madagascar

Ms. Oyunchimeg Jamsran

Associate Prosecutor GeneralState General Prosecutor’s Office
Mongolia

Pol. Col. Ohn Myint

Deputy Commander
Criminal Investigation Department,
Myanmar Police Force,
MyanmarMr. Suresh Adhikari

Under Secretary
Commission for the Investigation of
Abuse of Authority,
Nepal

Mr. Hassan Muslim Sule

Prosecutor
Economic and Financial Crimes
Commission,
Nigeria

Mr. Samuel Precia Rodriguez

Police Superintendent
Internal Audit Office,Philippine National Police
Philippines

Mr. Vincent Wagona

Acting Senior Principal State Attorney
Directorate of Public Prosecutions,UgandaMr. Daisuke Iwamura

Prosecutor
Morioka District Public Prosecutors
Office,Japan

Mr. Akira Maruta

Judge
Osaka District Court,
Japan

Mr. Takeshi Mochizuki

Prosecutor
Nagasaki District Public Prosecutors
Office,Sasebo Branch,
Japan

29

INFORMATION ABOUT FORTHCOMING PROGRAMMES

1. The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s
Republic of China
The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China will be held from 20 February to 9 March 2006. The theme of the Seminar is "Towards
a Criminal Justice System that can meet the Challenges of Globalization and Reflects the Citizen’s
Point of View".
2. The Second Seminar on the Criminal Justice System for Central Asia
The Second Seminar on the Criminal Justice System for Central Asia will be held from 27
February to 16 March 2006 at UNAFEI. The Seminar is entitled a "Criminal Justice System that
Meets the Needs of the New Epoch".
3. The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand
The Third Training Course on Strengthening the Anti-Corruption Capacity in Thailand will
be held from 6 to 27 April 2006. This Training Course is the final course of a series of three
and will focus on the most effective methods of preventing corruption.
4. The 133rd International Training Course
The 133rd International Training Course entitled "Effective Prevention and Enhancement ofTreatment for Sexual Offenders" will be held from 15 May to 22 June 2006.
Rationale
There are various types of sexual offences in the world. Each jurisdiction has its own definitions and forms of punishment for sexual offenses/offenders. Various measures at each stage ofthe criminal justice system have been taken by each country/ jurisdiction characterized by differences in relevant determinants such as laws related to sexual offenses, types of dominant offenses
in each country, etc. As to sexual offender treatment for rehabilitation and reintegration into society, new types of practices have been introduced in some European and North American countries
over the last two decades. Empirical evaluation studies of these practices have also been carriedout.
With regard to sexual offender treatment in correctional institutions, various new treatment
programs based on cutting-edge behavioral/medical knowledge have been developed and utilized inaddition to the basic programs for rehabilitation such as vocational training, counseling, etc. For
instance, programs for sexual offenders include behavioral therapy using conditioning techniques,
medical treatment such as surgical or chemical castration, cognitive-behavioral skills training andrelapse prevention programs, etc. In institutional settings, some countries establish special institutions or units for sexual offenders, and/or provide intensive treatment programs in order to enhance their treatment effects.
As to treatment for sexual offenders who are convicted but not committed to prison, or
have received a community-supervision order, many types of programs have been introduced, such

30

as group programs based on the cognitive-behavioral approach, long term probationary supervision,etc. Various Preventive measures have also been developed and implemented such as an electric
monitoring system for probationers, a sexual offenders register system, DNA data banks containing
the DNA profile of convicted sexual offenders which is utilized for investigation, peace bonds,
criminal court orders to set out specific conditions to protect the safety of victims, etc.
In order to achieve and maintain its effectiveness and efficiency, the program should focus
on the particular offender’s own problems. As mentioned above, the definitions of sexual offenses
are not always the same among countries/jurisdictions. Moreover, each offender has his/her own
unique problems. Therefore, an accurate and reliable risks and needs assessment for offenders
should be done in order to ensure the appropriate delivery of treatment and rehabilitative services.
Practices and experiences of these detailed assessments have also been accumulated and evaluatedfor further improvement of current programs.
There are some important issues to cover in order to improve prevention and treatment programs for sexual offenders. For instance, it is necessary to explore possible strategies at each stageof the criminal justice system, from preventive activity, investigation, prosecution to rehabilitationof offenders. Appropriate punishment, a sentencing based upon the offender’s risk of re-offending
and diversification of disposition should be re-examined. More specifically, stalking orders or otherpunishment for stalking committed with a sexual motivation, sexual misconduct with or exploitation of children, etc. should be discussed. Moreover, if a new program or measure puts emphasis
only on prevention of re-offending, it might hinder offenders reintegrating into society or violate
their basic human rights. Furthermore, it is also important to consider victims of sexual offenses
in the criminal justice process.
The United Nations, and various international bodies and organizations, have taken various
measures to combat problems related to sexual offenses. For instance, in 1993, the General
Assembly of the United Nations adopted the "Declaration on the Elimination of Violence against
Women". Following this Declaration, in 1995, the Forth World Conference on Women, held in
Beijing, adopted the "Beijing Declaration and Platform for Action". In this conference, "Violenceagainst Woman" was identified as one of the "most important problematic areas" in the "Platformof Action". "To take integrated measures to prevent and eliminate violence against women" wasone of the two strategic objectives concerning the issue of violence against woman provided in the"Platform of Action" in which specific actions to be taken by member countries/jurisdictions areillustrated.
Various resolutions, declarations, guidelines, and codes of conduct concerning crime prevention and treatment of offenders adopted by the United Nations should also be taken into consideration. With regard to institutional treatment, the international society and the United Nations haveset out certain basic requirements in the United Nations standards and norms such as the "United
Nations Standard Minimum Rules for the Treatment of Prisoners", adopted at the First Congresson the Prevention of Crime and the Treatment of Offenders in 1955, and other resolutions, declarations, guidelines and codes of conduct. Each Member State/jurisdiction has made efforts to implement these standards and norms by making the necessary changes to their relevant domestic
laws and practices. Similarly, the General Assembly of the United Nations adopted the "United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)"in 1985 for juvenile offenders, and the "United Nations Standard Minimum Rules for Noncustodial Measures (The Tokyo Rules)" in 1990 for community-based treatment. These rules arealso important for Member States to re-examine their current preventive measures and treatment
programs for sexual offenders.

31

Objectives
On the basis of the explanations indicated above, the purpose of this International Training
Course is to offer participants the opportunity to share information on the current situation of sexual offenses, punishment, prevention and treatment for sexual offenders; and challenges faced byeach country. At the same time, this Course offers opportunities to explore more effective measures and strategies for preventing sexual offenses and providing treatment programs for sexual offenders to promote their reintegration into society.
In summary, among the major topics to be discussed are the following items:(1) To examine and analyze the current situation of sexual offenses; the legal framework of prevention, punishment, and treatment for sexual offenders; and practices and programs for prevention and treatment.
(a) Current situation of sexual offenses and other related offences.
(b) The legal framework of punishment and treatment.
(c) Preventive measures and treatment programs.
(2) To identify current problems and challenges faced by each country/jurisdiction and their practices concerning prevention of sexual offenses, punishment and treatment for sexual offenders.
(a) Investigation, prosecution, and sentencing procedures (including legislation and punishment).
(b) Institutional treatment programs.
(c) community-based treatment programs and supervision.
(d) Preventive measures.
(e) Inter-agency cooperation.
(3) To explore effective measures and strategies to improve prevention and treatment programsfor sexual offenders at each stage of the criminal justice system.
(a) Best practices and empirical studies.
(b) Effective preventive measures/treatment models at each stage of the criminal justice system.
(c) Inter-agency cooperation to establish an integrated sexual offender treatment model.
(d) Preventive measures/treatment models applicable to each country.
(e) Possible international cooperation.

32

ADMINISTRATIVE NEWS

Overseas Trips by Staff
Director Masahiro Tauchi and Mr. Hiroyuki Shinkai (Professor) visited China to attend theSecond International Congress of the ASEAN and China Cooperative Operations in Response toDangerous Drugs from 17 to 21 October, 2005.
Director Masahiro Tauchi, Mr Keisuke Senta (Deputy Director), Mr. Tomoyuki Noge
(Professor), Ms. Satoko Ikeda (Professor), Mr. Ryousei Tada (staff) and Mr. Takayuki Aizawa(staff) visited Bangkok, Thailand from 24 to 30 November and 24 November to 3 December,2005 respectively, to attend the In-Country Training Course under the three-year project on"Strengthening of Anti-Corruption Capacity in Thailand".
Director Masahiro Tauchi visited Courmayeur, Italy to attend the 2005 PNI coordination
meeting from 30 November to 4 December, 2005.
Ms. Kayo Ishihara (Professor) visited Shenzhen City, the Peoples Republic of China to attend the First Asia-Europe Prosecutors General Conference from 9 to 12 December, 2005.
Ms. Megumi Uryu (Professor) visited Macau, SAR, Peoples Republic of China to attend
the Third Asia and Pacific Regional Conference of the International Association of Prosecutors
from 12 to 14 January, 2006.
Ms. Satoko Ikeda (Professor) visited Ottawa, Canada and Washington D.C., USA, to conduct research on identity theft from 10 to 20 January, 2006.
Mr Keisuke Senta (Deputy Director) visited Bangkok, Thailand to attend the High Level
Seminar for the Asia-Pacific Region to Promote the Ratification and Implementation of the United
Nations Convention against Corruption and discuss details of the forthcoming 3rd training course
for the officials of the ONCC from 15 to 21 January, 2006.
Director Masahiro Tauchi, Ms. Tae Sugiyama (Professor), Ms. Tamaki Yokochi (Professor),
Mr. Kazunari Arakawa (Chief, General and Financial Affairs Section) and Ms. Tomomi Matsuoka(staff) visited the Philippines with thirteen Volunteer Probation Officers to participate in the Third
Session of the In-Country Training Programme on a Holistic Approach to Volunteer Resource
Development. Mr. Kazunari Arakawa and Ms. Tomomi Matsuoka visited from 17 to 21 January,
Director Masahiro Tauchi from 19 to 25 January, 2006 and Ms. Tamaki Yokochi from 17 January
to 11 February, 2006 in order to monitor and evaluate the progress of the revitalization of the
Volunteer Probation Aide programme.
Mr. Hiroyuki Shinkai (Professor) visited the United Nations Office on Drugs and Crime,
Vienna to attend an Expert Group Meeting on Crime Data Collection from 7 to 12 February,
2006.

33

FACULTY AND STAFF OF UNAFEI

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

Secretariat:
Mr. Junichi Ebara
Mr. Hitoshi Nishimura

Director
Deputy Director
Professor, 132nd Seminar Programming Officer
Professor
Professor, Chief of Information and Library Science
Division
Professor
Professor
Professor, 132nd Seminar Deputy Programming Officer
Professor, Chief of Research Division
Professor
Professor
Professor, Chief of Training Division
Professor
Linguistic Adviser

Chief of Secretariat
Deputy Chief of Secretariat

General and Financial Affairs Section:
Mr. Kazunari Arakawa
Chief
Mr. Takanobu Sano
Mr. Takayuki Aizawa
Mr. Yukiyoshi Tatsuda
Mr. Mitsuo Dai
Driver
Ms. Tomoko Inamasu

Training and Hostel Management Affairs Section:
Mr. Ryousei Tada
Chief
Mr. Seiji Yamagami
Ms. Ayako Tanaka
132nd Seminar Assistant Programming Officer
Ms. Yukari Ishikawa
Mr. Hideyuki Inoue

International Research Affairs Section:
Mr. Masayuki Tanuma
Chief
Ms. Keiko Noda
Librarian34

Secretarial Staff:
Ms. Tomomi Matsuoka
Ms. Kumiko Yanagisawa

Kitchen:Mr. Misao Saito

Chef

JICA Coordinator:
Mr. Shoji Tanaka

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