ISSN 1020-914X

UNAFEI

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

No. 125
February 2008

Established1961
IN THIS ISSUE
Page

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

THE 138TH INTERNATIONAL SENIOR SEMINAR ................................................................................................ 3

EFFECTIVE LEGAL AND PRACTICAL MEASURES FOR COMBATING CORRUPTION: A CRIMINALJUSTICE RESPONSE
Seminar Rationale .......................................................................................................................................... 3
Seminar Summary .......................................................................................................................................... 8
Lecture Topics ................................................................................................................................................ 9
Individual Presentation Topics ....................................................................................................................... 11Group Workshop Sessions ............................................................................................................................. 13
Observation Visits .......................................................................................................................................... 16Group Study Tour ........................................................................................................................................... 17
Special Events ................................................................................................................................................ 18
Reference Materials ....................................................................................................................................... 19
Experts and Participants List ......................................................................................................................... 21

INFORMATION ABOUT FORTHCOMING PROGRAMMES .................................................................................. 29
The Fourth Seminar on Criminal Justice for Central Asia ............................................................................................ 29
The 13 th Special Seminar for Senior Criminal Justice Officials of the People's Republic of China ............................ 29
The Third Country Specific Training Course on the Revitalization of the PPA System for the Philippines ................ 29
The 139 th International Training Course ....................................................................................................................... 29

ADMINISTRATIVE NEWS ......................................................................................................................................... 32
Faculty Changes ............................................................................................................................................................ 32
Overseas Trips by Staff .................................................................................................................................................. 32
FACULTY & STAFF OF UNAFEI ............................................................................................................................... 33

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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

1

LETTER FROM THE DIRECTOR

It is my privilege to inform readers of the successful completion of the 138th International
Senior Seminar on "Effective Measures for Combating Corruption: A Criminal Justice Response",
which took place from 17 January to 15 February 2008.
In this Seminar, we welcomed six Japanese and fifteen overseas participants: eight from
Asia, three from Latin America, two from Africa and two from Europe. They included publicprosecutors, police officers, judges and other high-ranking public officials.
As this newsletter demonstrates, the Seminar was extremely productive. It consisted of individual presentations, group workshop and plenary sessions, visits to relevant criminal justiceagencies and presentations by visiting experts, faculty members and ad hoc lecturers.
In many countries, corrupt transactions take place at various levels within public authorities.
In developing countries, in particular, the situation remains serious. Moreover, globalization in thecommercial sphere has brought about the internationalization of corruption, thus making the problem even more complex. Due to expanded legitimate international commercial transactions, corruption is no longer a domestic issue. Bearing in mind the enormous negative impact of corruption
and its increasing transnational aspects, the international community recognizes the importance of
tackling this phenomenon collectively at an international level. On 31 October 2003, the General
Assembly adopted the United Nations Convention against Corruption (UNCAC) whereby setting a
new benchmark for this global issue.
Successful detection, investigation, prosecution, adjudication and punishment of corrupt offenders contribute greatly to the prevention and eradication of corruption. Also, suppression fromthe financial point of view, through depriving the offenders completely of crime proceeds bymeans of confiscation, is necessary and quite effective as a deterrent. However, these are not easytasks to accomplish. The secretive manner in which corruption is planned and executed, often between very powerful and influential parties, and the sophisticated methods and transnational elements so often present have made these tasks more complex and difficult.
In this regard, the UNCAC introduces a comprehensive set of standards, measures and rulesthat States Parties can apply to strengthen the legal and regulatory regimes to fight corruption.
Once the measures stipulated in the Convention are fully implemented, criminal justice authorities
will be empowered with useful legal weapons to detect, investigate, prosecute, adjudicate and punish corrupt offenders and to confiscate illegal benefits and return them to their legitimate owners.
In addition, where there is an international element, international co-operation between States
Parties will be enhanced. This should make it much more difficult for offenders to take advantageof the difficulties inherent in the investigation, prosecution, etc. of cases involving several jurisdictions.
UNAFEI, as a regional institute of the United Nations Crime Prevention and Criminal
Justice Programme Network, decided to hold this Seminar in order to review each country’s criminal justice system, and explore how it could be strengthened, with special attention to the
UNCAC.

2

During the Seminar the participants diligently and comprehensively examined the current
situation of corruption in the participating countries and existing countermeasures, primarily
through a comparative analysis. The participants shared their own experiences and knowledge ofthe issues, and identified problems and areas in which improvements could be made. After engaging in in-depth discussions with the UNAFEI faculty and visiting experts, the participants wereable to put forth effective and practical solutions that could be applied in their respective countries.
I would like to offer my sincere congratulations to all the participants upon their successful
completion of the Seminar, made possible by their strenuous efforts. My heartfelt gratitude goesto the visiting experts and ad hoc lecturers who contributed a great deal to the Seminar’s success.
Furthermore, I appreciate the indispensable assistance and co-operation extended to UNAFEI byvarious agencies and institutions, which helped diversify the programme.
I would like to express my great appreciation to the Japan International Cooperation
Agency (JICA) for its immeasurable support throughout the Seminar. At the same time, a warm
tribute must be paid to the Asia Crime Prevention Foundation (ACPF) and its branch organizations
for their substantial contributions to our activities. Lastly, I owe my gratitude to all the individuals whose unselfish efforts behind the scenes contributed significantly to the successful realizationof 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 internationalsociety as a whole.
Finally, I would like to reiterate my best regards to the participants of the 138th
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 2008

Keiichi Aizawa
Director, UNAFEI

3

THE 138TH INTERNATIONAL SENIOR SEMINAR"Effective Measures for Combating Corruption: A Criminal Justice Response"

Seminar Rationale

1.

Prevalence of Corruption and Countermeasures Taken by the International Community, in
Particular, the United Nations
Undoubtedly, corruption poses a serious threat to the stability and security of societies. The
threat is even greater when corrupt practices prevail in the public sphere. Illegal diversion of
scarce resources through corrupt transactions adversely affects the quality and quantity of basic
services provided to citizens, and jeopardizes a State’s sustainable economic, social and politicaldevelopment. The prevalence of corruption both in the public and private spheres discourages economic investment, as it interferes with legitimate economic competition and obstructs the establishment of a level playing field. It breeds feelings of distrust and unfairness towards the publicauthorities and amongst private businesses. Corruption undermines the values of democracy, justiceand the rule of law, and may ultimately disrupt the foundation of a State.
In many countries, corrupt transactions take place at various levels within public authorities.
In developing countries, in particular, the situation remains serious. Bribes, often of a substantial
amount, are paid to high ranking officials and politicians for public contracts, and at a lower level,
citizens are forced to pay "surcharges" just for the provision of the most basic services, such as
the issuing of official documents. This phenomenon is rooted deeply in the society, and various
surveys show that corruption is perceived as prevalent in those countries. Moreover, globalizationin the commercial sphere has brought about the internationalization of corruption, thus making the
problem even more complex. Due to expanded legitimate international commercial transactions,corruption is no longer a domestic issue. Foreign investors have become one of the major players
in corrupt transactions, and corrupt officials often transfer illegally diverted public funds to financial institutions abroad. Further, transnational criminal organizations take advantage of corrupt governments to obtain and retain illegal benefits.
Bearing in mind the enormous negative impact of corruption and its increasing transnational
aspects, the international community recognizes the importance of tackling this phenomenon collectively at an international level. Since the mid-1990s, several multilateral instruments against corruption have been adopted, among them, the Inter-American Convention against Corruption(adopted by the Organization of American States in 1996), the Convention on the Fight against
Corruption involving Officials of the European Communities or Officials of Member States of theEuropean Union (adopted by the Council of the European Union in 1997), and the Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions (adopted by
the Organization for Economic Cooperation and Development in 1997). Subsequently, other regional and international instruments were developed, and various anti-corruption initiatives involving governmental and non-governmental bodies have been established.
Most importantly, on 31 October 2003, the General Assembly adopted the United Nations
Convention against Corruption (hereinafter referred to as "UNCAC" or the "Convention") whereby
setting a new benchmark for this global issue. Many States moved swiftly towards its ratification

4and consequently, the UNCAC entered into force on 14 December 2005. As of May 2007, nearly
100 States have become parties to the Convention and many others are going through the ratification process. In addition, being mindful of the links between transnational organized groups andcorruption, corruption provisions were stipulated in the United Nations Convention against
Transnational Organized Crime adopted in November 2000.
Following the entry into force of the UNCAC, pursuant to Article 63 therein, theConference of the Parties was established to improve the capacity of and co-operation between
States Parties to achieve the objectives set forth in the Convention and to promote and review its
implementation. Its first session was held in December 2006, whereby three Working Groups ona review of implementation, asset recovery and technical assistance were established. Subsequentsessions, as well as the meetings of these Working Groups, will be held in order to review the
implementation of the Convention.
In addition, various bodies of the United Nations have deemed the fight against corruption
a high priority issue. In particular, the United Nations Office on Drugs and Crime (UNODC) has
undertaken a series of activities to promote the ratification and implementation of the UNCAC andto provide technical assistance to States as its top priority. Furthermore, the Global Programme
against Corruption (GPAC), which was established in 1999 in order to assist States in their efforts
to curb corruption, functions as a catalyst and a resource to help countries effectively implement
the provisions of the UNCAC.
2.

Challenges Encountered by Criminal Justice Authorities in the Fight Against Corruption andthe UNCAC’s Countermeasures, in Particular, Measures and Mechanisms Related to Criminal
Justice Authorities
Needless to say, the role of the criminal justice system is crucial in the fight against corruption. Successful detection, investigation, prosecution, adjudication and punishment of corrupt offenders contribute greatly to the prevention and eradication of corruption. Also, suppression fromthe financial point of view, through depriving the offenders completely of crime proceeds bymeans of confiscation, is necessary and quite effective as a deterrent. If the criminal justice systemfails to perform these tasks properly, not only will it allow the corrupt offenders to enjoy impunity
and retain improper financial advantages, but it may also lead to preventive measures and laws
against corruption losing their deterrent effect. Further, where corrupt officials plunder publicfunds, especially in developing countries, in addition to punishing the offenders and depriving
them of their illegal benefits, it is also important that the stolen assets are returned to the Statesfrom where they were illegally obtained. The criminal justice system should play a central role inthis duty as well.
However, these are not easy tasks to accomplish. First, corruption is normally committed
in a secretive manner between a very limited number of parties. Therefore, it is very difficult forthe criminal justice authorities to obtain information on corruption allegations and to investigate
them. Second, since those involved in corruption are often powerful, for example, high-ranking officials, politicians or rich businessmen, they frequently try to jeopardize the criminal proceedings
by using their influence to tamper with witnesses and evidence, or bribe, or put pressure on,
criminal justice personnel. Third, as corruption and subsequent laundering of proceeds frequently
involve sophisticated methods to disguise illegal transactions, it is necessary to have highly skilled
investigators to identify, trace, freeze and confiscate the crime proceeds. Fourth, increasedtransnational elements in corrupt practices and subsequent laundering of crime proceeds have madethese tasks more complex and difficult, due to national laws not being updated, jurisdictional problems and the differences in the criminal justice systems and legislation. In order for the criminal
justice authorities to successfully overcome these challenges, they need to use innovative legal

5means, both domestically and internationally. In addition, it is of the utmost importance to ensure
and maintain the integrity and necessary independence of criminal justice personnel, as a prerequisite to fulfilling their great responsibilities.
In this regard, the UNCAC introduces a comprehensive set of standards, measures and rulesthat States Parties can apply to strengthen the legal and regulatory regimes to fight corruption.
It takes a multifaceted approach to address the problem covering preventive measures,
criminalization of prevalent forms of corruption and related acts, investigative and prosecutorial
measures, and international co-operation. Furthermore, it makes a major breakthrough by requiring
States Parties to return assets obtained through corruption to the country from which they werestolen.
Once the measures stipulated in the Convention are fully implemented, criminal justiceauthorities will be empowered with useful legal weapons to detect, investigate, prosecute, adjudicate and punish corrupt offenders and to confiscate illegal benefits and return them to their legitimate owners. In addition, where there is an international element, international co-operation
between States Parties will be enhanced. This should make it much more difficult for offenders
to take advantage of the difficulties inherent in the investigation, prosecution, etc. of cases involving several jurisdictions.
A large number of United Nations Member States have become parties to the UNCAC andit has now entered into force. However, without its effective implementation both in terms of legal
framework and practice, the fight against corruption will continue to be a losing battle. Therefore,
UNAFEI, as a regional institute of the United Nations Crime Prevention and Criminal Justice
Programme Network, decided to hold this Seminar in order to review each country’s criminal justice system, and explore how it could be strengthened, with special attention to the UNCAC.
3.

The Provisions of the UNCAC Relevant to the Main Theme of this Seminar
(i)
(ii)

Bribery of national public officials (Article 15);
Bribery of foreign public officials and officials of public international organizations(Article 16);(iii) Embezzlement, misappropriation or other diversion of property by a public official(Article 17);(iv)
Trading in influence (Article 18);(v)
Abuse of functions (Article 19);(vi)
Illicit enrichment (Article 20);(vii) Bribery in the private sector (Article 21); and(viii) Embezzlement of property in the private sector (Article 22).
Further, it also applies to acts committed in support of corruption, which are:
(ix)
(x)
(xi)

Laundering of proceeds of crime (Article 23);
Obstruction of Justice (Article 25); andConcealment (Article 24).

The UNCAC provides for a series of measures and mechanisms that may strengthen theability and capacity of the relevant authorities. Focusing on the measures and mechanisms relevant
to criminal justice authorities, among others, first, it provides for criminalization of corruption andrelated offences as above. As for the offences enumerated in (i), (ii) (active form), (iii), (ix) and(x), States are required to criminalize them, whereas for those in (ii) (passive form), (iv) to (viii)

6

and (xi), States are required only to consider their criminalization.
Second, as an institutional mechanism, the UNCAC refers to States having bodies or persons specialized in combating corruption as well as granting their necessary independence (Article36). Further, as a crucial preventive measure to be taken within the criminal justice sphere, theConvention provides for the strengthening of the integrity of the judiciary and prosecution service(Article 11). These measures could empower the relevant authorities to carry out complex and difficult investigations and prosecutions and make them less vulnerable to undue influence.
Third, the UNCAC sets out various measures to encourage persons and authorities who
have any useful information on corruption, etc. to co-operate with investigative and prosecutorial
authorities and to facilitate their reporting. They include protection of witnesses, experts and victims (Article 32), protection of a person reporting to the competent authorities facts concerning
corruption, etc. from unjustified treatment (Article 33), immunity from prosecution and mitigationof punishment for a person who participates or has participated in a corruption or related offence
and provides substantial co-operation in the investigation or prosecution (Article 37), co-operationof public authorities and public officials with investigative and prosecutorial authorities in informing them of their suspicions of corruption, etc. and in providing them with necessary information(Article 38), and co-operation of the private sector and nationals/residents with investigative andprosecutorial authorities to provide information or report suspicions of corruption, etc. (Article 39).
Fourth, the UNCAC provides for special investigative techniques such as controlled delivery, electronic and other forms of surveillance and undercover operations and its use at the international level (Article 50), which may enhance the investigative authorities’ ability to detect andinvestigate corruption and related offences.
Fifth, the UNCAC stipulates a wide range of measures and mechanisms for international
co-operation, as one of the most important elements to tackle this phenomenon involving varioustransnational aspects. They include, in particular, extensive provisions on extradition (Article 44)
and mutual legal assistance (Article 46), and others such as law enforcement co-operation (Article48) and joint investigations (Article 49).
Finally, the UNCAC established measures and mechanisms to deprive the corrupt offendersof their illegal benefits and furthermore, as its major achievements, measures and mechanisms toreturn assets obtained through corruption to the country from which they were stolen. They include measures and mechanisms to identify, trace, freeze and confiscate instrumentalities and theproceeds of corruption and related offences (Article 31), as well as those through international cooperation (Articles 54, 55), and further, those for the return and disposal of assets (Article 57).
4.

Objectives
This Seminar aimed at exploring ways to improve the criminal justice system to combat
corruption in the respective countries, by examining and analysing the current situation, problems
and challenges in regard to the following subtopics:1.

Current situation in the respective countries of corruption and related acts, in particular, theoffences listed below. (In preparing their individual presentation papers, the participants
were requested to focus on any one or more of these offences.) Also encompassed in thisobjective is an examination of the legal regimes and mechanisms to investigate, prosecuteand adjudicate (including confiscation and recovery of assets), the problems listed below,
within the legal systems of the respective countries:

7• Bribery of national public officials• Bribery of foreign public officials and officials of public international organizations• Embezzlement, misappropriation or other diversion of property by a public official• Trading in influence• Abuse of functions• Illicit entertainment• Bribery in the private sector• Embezzlement of property in the private sector• Laundering of proceeds of crime• Concealment• Obstruction of justice• Others (offences which are not referred to in the UNCAC but deeply related to corrupt
practices in the respective countries).
2.

Current situation of, and problems and challenges in, the investigation, prosecution and adjudication (including confiscation and recovery of assets) of the above mentioned offences.
(i)

Current situation, problems and challenges, focusing on measures/mechanisms relevant topunishing offenders effectively;a) Criminalization of corruption and related acts;b) Measures/mechanisms to encourage persons who have useful information on corruption,etc. to supply the information to, and co-operate with, investigative and prosecutorial
authorities;c) Special investigative techniques (e.g. electronic surveillance, undercover operations) andtheir use at international level;d) International co-operation (e.g. extradition, mutual legal assistance, law enforcement cooperation; ande) Others.
(ii) Current situation, problems and challenges, focusing on measures/mechanisms relevant to
the effective confiscation of illegal benefits and recovery of assets;a) measures to identify, trace, freeze, and confiscate instrumentalities and proceeds of corruption and related offences;b) international co-operation for the purpose of identifying, tracing, freezing and confiscating
instrumentalities and proceeds of corruption and related offences;c) return and disposal of confiscated assets; andd) others.
Participants were also encouraged to include in their presentations examples of success stories regarding the above issues which could serve as best practices for other participants.
3.

Current situation of, and problems and challenges in, strengthening the capacity and abilityof criminal justice authorities and their personnel.
(i) Integrity and independence of the criminal justice authorities and their personnel(ii) Specialization of criminal justice authorities(iii) Others.

8

Seminar Summary

Lectures
In total, six lectures were presented by visiting experts, five by ad hoc lecturers and six
by the faculty of UNAFEI. Four 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 Seminar by encouraging discussions after their own lectures, participating in thediscussions 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 9 and 10.
Individual Presentations
During the first two weeks, each Japanese and overseas participant delivered an individual
presentation, which introduced the actual situation, problems and future prospects of his/her country. These papers were compiled onto a compact disc and distributed to all the participants. The
titles of these individual presentation papers are listed on pages 11 and 12.
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 their designated topics in the group workshop sessions. The participants and UNAFEI faculty studied the
topics and exchanged their views based on information obtained through personal experience, theindividual presentations, lectures and so forth. After the group workshop sessions, reports weredrafted based on the discussions in their groups. These reports were subsequently presented in theplenary meeting and report-back session, where they were endorsed as the reports of the Seminar.
Brief summaries of the group workshop reports are provided on pages 13 to 15.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Seminar’s academic agenda, many activities were arranged to provide a greater understanding of 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 16 to18.

9Lecture Topics

Visiting Experts’ Lectures
1) Mr. Jeremy Lo Kwok-chung• Combating Corruption in Hong Kong
• Fight Against Transnational Corruption and International Co-operation
2)

Mr. Pascal Gossin• International Mutual Assistance in Criminal Matters in Switzerland

3)

Dr. Thomas Cassuto• Effective Legal and Practical Measures for Combating Corruption: The French System

4)

Ms. Brigitte Strobel-Shaw• United Nations Convention against Corruption• Conference of the States Parties to the United Nations Convention against Corruption

UNAFEI Professors’ Lectures
1) Mr. Shintaro Naito, Professor, UNAFEI• The Criminal Justice System in Japan: Investigation, Prosecution and Trial
2)

Mr. Ryuji Tatsuya, Professor, UNAFEI• Institutional Corrections in Japan3)

Ms. Tae Sugiyama, Professor, UNAFEI• Community Based Treatment of Offenders in Japan4)

Mr. Takeshi Seto, Deputy Director, UNAFEI• Corruption and International Co-operation

5)

Ms. Kayo Ishihara, Professor, UNAFEI• Reporting Obligations and Mechanisms for Encouraging Reporting of Corruption Offences

6)

Mr. Jun Oshino, Professor, UNAFEI• Corruption Control in the Judiciary of Japan

Ad Hoc Lectures
1) Mr. Yoshiyuki Yamada
Deputy Director of the Second Investigation Division, Criminal Affairs Bureau, National
Police Agency Office, Special Investigation Department• Police Investigative Methods in Bribery Cases
2)

Mr. Tomoyuki Noge
Senior Attorney, Japan Fair Trade Commission• How to Prevent and Suppress Collusion and Corruption?

3)

Mr. Kentaro Sadahiro
Japan Financial Intelligence Center, National Police Agency• Fight Against Money Laundering in Japan - The Role of JAFIC

10

4)

Mr. Yuichiro Tachi
Director of Research Department, Research and Training Institute of the Ministry of Justice• Investigation and Prosecution of Corruption in Japan from the Viewpoint of Public
Prosecutors

5)

Mr. Kiyotaka Sasaki
Director of Co-ordination Division, Executive Bureau, Securities and Exchange SurveillanceCommission, Financial Services Agency• Financial Crime and the Role of the SESC

11

Individual Presentation Topics

Overseas Participants
1)

Mr. Younsi Noureddine (Algeria)• Algeria Against Corruption: Effective Legal and Practical Measures

2)

Ms. Clelia Fabiana Akizawa (Argentina)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response3)

Ms. Anna Mphetlhe (Botswana)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response

4)Mr. Marco César dos Santos Sousa (Brazil)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response5)

Ms. Claudia Alejandra Forner Ortega (Chile)• Fight Against Corruption in Chile

6)

Mr. Vladimir Georgiev (Former Yugoslav Republic of Macedonia)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response

7)

Mr. Giorgi Phiphia (Georgia)• Bribery of National Public Officials

8)

Mr. Dharam Chand Jain (India)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response - An Indian Perspective

9)

Mr. Mardite Harlan (Indonesia)• Efforts to Eliminate Corruption in Governmental Procurement of Logistics and Services
Systems10) Mr. Hassan Ghasemi (Iran)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response - A Glance at Bribery in the Islamic Penal Code11) Mr. Madhav Prasad Ojha (Nepal)• Effective Legal and Practical Measures for Combating Corruption: A Criminal Justice
Response
12) Mr. Antonio Pinto Mendoza (Philippines)• Combating Corruption in the Philippines13) Mr. Joselito Delos Reyes Obejas (Philippines)

12• Wiping Away the Footprints of Corruption in the Philippines
14) Mr. Alharbi Ali Khalaf S. (Saudi Arabia)• An Overview of the Saudi Arabian Criminal Justice Procedures Against Corruption in the
Public Sector
Japanese Participants15) Ms. Mihoko Aso• An Examination of a Corruption Case from the Viewpoint of the Rehabilitation Agencies16) Mr. Hiroshi Fukushima• A Bribery Case Involving the Head of Sunagawa Branch Office, Tachikawa City
Government17) Mr. Yasunobu Hishita• The Independence and Integrity of Judges in Japan18) Mr. Shinji Iwayama• Investigation into Corruption in Japan19) Ms. Satsuki Miyaji• Legal Measures for Preventing and Combating Corruption in Japan
20) Ms. Midori Shoji• Bribery Incidents of National Public Officials in Japan

13

Group Workshop Sessions

Group 1IDENTIFYING AND PUNISHING CORRUPT OFFENDERS
Chairperson
Co-chairperson
Rapporteur
Co-Rapporteur
Members

Ms. Claudia Alejandra Forner Ortega
Mr. Shinji Iwayama
Mr. Marco César dos Santos Sousa
Ms. Midori Shoji
Mr. Giorgi Phiphia
Mr. Madhav Prasad Ojha
Mr. Alharbi Ali Khalaf S.

(Chile)(Japan)(Brazil)(Japan)(Georgia)(Nepal)(Saudi Arabia)

Visiting Expert

Mr. Jeremy Lo Kwok-chung(Hong Kong)

Advisers

Deputy Director Seto
Prof. Tae Sugiyama
Prof. Shintaro Naito
Prof. Haruhiko Higuchi(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

ReportGroup One agreed to conduct its discussion according to the following agenda: i) measures
to encourage persons or bodies having useful information on corruption to supply the information
to and co-operate with investigative and prosecutorial authorities; ii) proactive measures to collectinformation on corruption and/or evidence; and iii) international co-operation.
The group concluded that witness and whistleblower protection, the role of the media in informing
and shaping public opinion, enhancing traditional investigative techniques while adopting special
measures, and ensuring transparency, were important steps. The importance of international cooperation was a common point of agreement for all participants. The Group made the following
recommendations.
1. The States Parties to the UNCAC should express their will to prevent corruption by investing in educational programmes and publicity campaigns to illustrate the damaging effects ofcorruption. 2. States should encourage the reporting of offences through various measures such as
witness protection, where financially viable; whistle-blower protection; dedicated hotlines; plea bargaining or immunity in certain cases; and obliging public servants to report any knowledge of corrupt acts of which they become aware in the course of their duties. 3. Traditional investigativetechniques such as obtaining information from media, other cases and informants; search and seizure; clearing bank secrecy and surveillance and expert reporting should be enhanced. 4. Special
techniques such as undercover agents, wire tapping and electronic surveillance should be adopted.
5. Transparency should be strengthened by the appointment of an Ombudsman; the participationof civil society; obliging all public servants to declare their assets and income; and further obliging public servants to provide requested information in investigations. 6. All countries should ratify
the UNCAC and adopt the necessary legal instruments to provide international co-operation. 7.
The value of informal, direct contact between criminal justice professionals cannot be overstatedand should be strengthened and continually encouraged.

14Group 2CONFISCATION OF ILLEGAL BENEFITS AND ASSET RECOVERY
Chairperson
Co-Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteur
MemberMr. Dharam Chand Jain
Mr. Younsi Noureddine
Ms. Anna Mphetle
Mr. Antonio Pinto Mendoza, Jr.
Mr. Muhammad Hashim Tareen
Mr. Hiroshi Fukushima
Ms. Satsuki Miyaji(India)(Algeria)(Botswana)(Philippines)(Pakistan)(Japan)(Japan)Advisers

Prof. Kayo Ishihara
Prof. Ryuji Tatsuya(UNAFEI)(UNAFEI)

Report SummaryGroup Two agreed to conduct its discussion in accordance with the following agenda: i)identifying and tracing crime proceeds (e.g. access to bank, government, financial, business andcorporate records, co-operation with the FIU); ii) seizure, freezing and confiscation; iii) international co-operation in identifying, tracing, seizing, freezing and confiscating proceeds of corruption;iv) asset recovery; and v) other related matters such as money laundering. After discussing theabove issues the Group made the following recommendations.
1. The Group underlined the need for adequate legal and practical measures to gather evidence in corruption cases. 2. Investigators must foster credibility to earn the co-operation of banks
and other agencies. 3. Expert help should be requested in deciphering complex transactions. 4.
Countries may consider using NGOs to help and assist law enforcement agencies for the above
purpose. 5. Whistleblowers should be adequately protected. 6. Without compromising human rights,
countries should implement legal measures for search, seizure, freezing and confiscation of assets.
7. Investigators should receive continuous training in collecting evidence linking the proceeds ofcrime. 8. Confiscating assets of an equivalent value should be considered where it is not feasible
to do so with the crime proceeds. Similarly, countries may also consider civil proceedings in addition to criminal proceedings. 9. Ratification of the UNCAC should be encouraged as it provides
for international co-operation on identification, tracing, seizing, freezing and confiscation of proceeds of corruption. 10. MLA should be maximized in order to enhance bilateral international cooperation. 11. MLATs and legislation shall provide for the repatriation of proceeds of crime to therequesting state and the requested state may deduct expenses incurred in recovery of same. 12.
MLAT procedures for bilateral co-operation should be simplified, allowing direct contact between
central authorities of the respective countries. 13. The Group emphasized the need for informal
contact between law enforcement agencies in international co-operation. For effective assistance,
countries may allow teams of prosecutors or investigators to travel to requesting countries. 14.
Impediments to asset recovery are identified as inter alia, absences of appropriate legal frameworks, disparity of systems internationally, lack of technical expertise and insufficient financial resources. Proper legal frameworks are a necessary first step to addressing these problems. By
implementing the measures envisaged in the UNCAC and maximizing MLA supplemented by informal contacts countries can enhance the level of international co-operation which they can provide.

15

Group 3
STRENGTHENING THE CAPACITY AND ABILITY OF
CRIMINAL JUSTICE AUTHORITIES AND THEIR PERSONNEL
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Yasunobu Hishita
Mr. Hassan Ghasemi
Mr. Joselito D.R. Obejas
Mr. Vladimir Georgiev
Ms. Clelia Fabiana Akizawa
Ms. Mihoko Aso
Mr. Mardite Harlan(Japan)(Iran)(Philippines)(FYR Macedonia)(Argentina)(Japan)(Indonesia)

Advisers

Prof. Tetsuya SuganoProf. Jun Oshino
Prof. Koji Yamada(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup Three agreed to conduct its discussion according to the following agenda: i) ensuring the necessary independence of the criminal justice authorities; ii) the integrity of criminal justice personnel; iii) transparency and accountability in the relevant decisions of criminal
proceedings; and iv) specialization of the criminal justice authorities.
The Group noted that while the Japanese participants expressed confidence in the integrityof criminal justice personnel in Japan, in other countries independence of criminal justice personnel is undermined by the necessity for political patronage and the Group suggests that such countries should endeavour to pass, adopt and enforce relevant legislation clearly defining thefunctional divisions of the three branches of government and stringently enforce same. The Groupfurther noted that the criminal justice budget must always be assured. Regarding judicial integrity,
the Group made the following recommendations. 1. Increasing remuneration of criminal justicepersonnel in line with private sector salaries. 2. Measures to underscore and strengthen conduct
and ethical standards in public service. 3. The creation by law of a permanent and independent
multi-sectoral body that will regularly evaluate and audit performances of public servants, without
prejudice to the independence of criminal justice authorities. 4. Ratification of, and full compliancewith, the UNCAC by all countries concerned, it containing measures guaranteeing the integrity of
the judiciary and the prosecution service. 5. Countries should adopt and observe pertinent UN
guidelines and resolutions, particularly the Guidelines on the Role of Prosecutors and the
Bangalore Principles of Judicial Conduct.
The Group further noted that, regarding the accountability of law enforcement officials andprosecutors in their decision making, an internal audit system, like the one presently employed by
the ICAC of Hong Kong, must be considered. The Group agreed by consensus that it is preferable
for a country to have specialized criminal justice authorities, and to that end, it is suggested thatthe creation of special anti-graft bodies be considered. The ratification of, and full compliancewith, the UNCAC is desirable in this regard as it contains provisions on specialized authorities.

16

Observation Visits

Date

Agency/Institution

Main Persons Concerned

Jan. 23

Tokyo Public Prosecutors Office• Mr. Tetsuo Ito(Chief Prosecutor)

Ministry of Justice• Mr. Hiroshi Ozu(Vice-Minister of Justice)Tokyo District Court• Mr. Osamu Ikeda(Chief Judge)

The Supreme Court• Mr. Tatsuo Kainaka(Justice)Jan. 3117

Group Study Tour

Date

Location

Agency/Institution

Main Persons Concerned

February 7

Hiroshima

Hiroshima Prison

Mr. Atsushi Nakayama(Warden)February 7

Nara

Public Prosecutors
OfficeMr. Kunihiko Sakai(Chief Prosecutor)

February 8

Kyoto

Kyoto Prefectural Police
Headquarters

18

Special Events

January 17

January 22, 24, 28

Welcome Party

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The sensei (teacher) was Ms. Rieko Shimoyama from JICE.

January 23

Courtesy Call to the Ministry of Justice and Reception
by the Vice-Minister of Justice

After visiting the Ministry of Justice a reception was held for the participants by theVice-Minister of Justice, Mr. Hiroshi Ozu, at the Lawyer’s Club.

January 30

ACPF Nangoku-Kai Party

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

February 1

Public Lecture and UNAFEI Alumni Reception

The Public Lecture Programme is conducted annually to increase social awarenessof criminal justice issues through comparative international study. The 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 138th
International Senior Seminar.
This year, Mr. Pascal Gossin, from the Swiss Federal Office of Justice, and Dr.
Thomas Cassuto, from the Tribunal de Grande Instance de Nanterre, France, were invitedas speakers. They presented papers on "International Mutual Assistance in Criminal Mattersin Switzerland" and "Effective Legal and Practical Measureas for Combating Corruption:
The French System" respectively.
Afterwards the UNAFEI Alumni Association hosted an enjoyable reception for theparticipants at the Lawyers’ Club.

February 14

Farewell Party

19

Reference Materials

A. United Nations Convention against Corruption and Related Documents
1. United Nations Convention against Corruption (UNCAC)
http://www.unodc.org/pdf/crime/convention_corruption/signing/Convention-e.pdf
2. Interpretive notes for the official records (travaux préparatories) of the negotiation of theUnited Nations Convention against Corruption (Addendum)
http://www.unodc.org/pdf/crime/convention_corruption/session_7/422add1.pdf
3. Legislative Guide for the Implementation of the United Nations Convention against Corruption(November 2006)
http://www.unodc.org/pdf/corruption/CoC_LegislativeGuide.pdf
B. Conference of the States Parties to the UNCAC and its Working Groups
1. CAC/COSP/2006/12 (Report of the Conference of the States Parties to the UNCAC on its firstsession, held in Amman from 10 to 14 December 2006)
http://www.unodc.org/pdf/crime/convention_corruption/cosp/session1/V0659563e.pdf
2. CAC/COSP/2008/3 (Report on the meeting of the United Nations Convention against
Corruption held in Vienna from 29 to 31 August 2007)
http://css.unodc.org/pdf/crime/convention_corruption/cosp/session2/V0786745e.pdf
3. CAC/COSP/2008/4 (Report of the meeting of the Open-ended Intergovernmental Working
Group on Asset Recovery held in Vienna on 27 and 28 August 2007)
http://www.unodc.org/pdf/crime/convention_corruption/cosp/session2/V0786457e.pdf
4. CAC/COSP/2008/5 (Report on the meeting of the Open-ended Intergovernmental Working
Group on Technical Assistance held in Vienna on 1 and 2 October 2007)
http://www.unodc.org/pdf/crime/convention_corruption/cosp/session2/V0787389e.pdf
C. UN Related Works for the Implementation of the UNCAC
1. United Nations Handbook on Practical Anti-Corruption Measures for Prosecutors andInvestigators
http://www.unodc.org/pdf/crime/corruption/Handbook.pdf
2. The Global Programmes against Corruption: UN Anti-Corruption Toolkit 3rd Edition, September
2004)
http://unodc.org/pdf/corruption/publications_toolkit_sep04.pdf
3. Bangalore Principles
http://www.unodc.org/pdf/corruption/bangalore_e.pdf
4. Commentary on the Bangalore Principles
http://www.coe.int/t/dg1/legalcooperation/judicialprofessions/ccje/textes/BangalorePrinciplesComment.pdf
D. International Standards for Combating Corruption, etc
1. Compendium of international legal instruments on corruption; Summary of international legal
instruments (2nd Edition), 2005
http://www.unodc.org/pdf/corruption/publications_compendium_e.pdf
2. FATF Documents on the Forty Recommendations
http://www.fatf-gafi.org/document/28/0,3343,en_32250379_32236930_33658140_1_1_1_1,00.html#40recs
3. FATF Standards: Nine Special Recommendations on Terrorist Financing
http://www.fatf-gafi.org/document/9/0,3343,en_32250379_32236920_34032073_1_1_1_1,00.html

20

4. Bangkok Declaration
http://www.unodc.org/pdf/crime/congress11/BangkokDeclaration.pdf
E. Other Related Materials
1. Interpol Group of Experts on Corruption: Global Standards to Combat Corruption in Police
Forces/Services
http://www.interpol.int/Public/Corruption/Standard/Default.asp
2. OECD Bribery Awareness Handbook for Tax Examiners
http://www.oecd.org/dataoecd/20/20/37131825.pdf
3. Transparency International: Corruption Perception Index 2007
http://www.transparency.org/policy_research/surveys_indices/cpi/2007
4. United Nations Office on Drugs and Crime, The World Bank: Stolen Asset Recovery (StAR
Initiative: Challenges, Opportunities and Action Plan
http://siteresources.worldbank.org/NEWS/Resources/Star-rep-full.pdf
5. The World Bank East Asia and Pacific Region: The Anti-Corruption Handbook
http://wbln0018.worldbank.org/crn/ope/ethics.nsf//6755b5fbf8b2655985256792006ea915/8ab2b651
3004c37b852569e7006b2b3d/$FILE/anti-corruption.pdf

21

Experts and Participants List

Visiting Experts
Mr. Jeremy Lo Kwok-chung

Assistant Director of Operations Department
Independent Commission Against Corruption(ICAC),
Hong Kong Special Administrative Region,
Hong Kong, China

Mr. Pascal Gossin

HeadInternational Legal Assistance Section,Federal Office of Justice,
Swiss Confederation

Dr. Thomas Cassuto

Vice Président chargé de l’instruction
Section économique et financiére,
Tribunal de Grande Instance de Nanterre,
Paris, France

Ms. Brigitte Strobel-Straw

Crime Prevention and Criminal Justice Officer
Crime Conventions Section,
Treaty and Legal Affairs Branch,
Division for Treaty Affairs,
United Nations Office on Drugs and Crime

Ad hoc Lecturers
Mr. Yoshiyuki Yamada

Deputy Director of the Second
Investigation Division,
Criminal Affairs Bureau,
National Police Agency

Mr. Tomoyuki Noge

Senior Attorney
Japan Fair Trade Commission

Mr. Kentaro Sadahiro

Japan Financial Intelligence Center,
National Police Agency

Mr. Yuichiro Tachi

Director of the Research Department,
Research and Training Institute of the Ministryof Justice

Mr. Kiyotaki Sasaki

Director of Co-ordination Division
Executive Bureau,
Securities
andExchange
Commission

Surveillance22

Financial Services Agency

Overseas Participants
Mr. Younsi Noureddine

Inspector
Ministry of Justice,
Algeria

Ms. Clelia Fabiana Akizawa

Attorney
Ministry of Economy and Production,Argentina

Ms. Anna Mphetlhe

Assistant Director
Directorate on Corruption and Economic Crime,
Botswana

Mr. Marco César dos Santos Sousa

Police Chief
Civil Police of the Federal District,Brasilia,
Brazil

Ms. Claudia Alejandra Forner Ortega

Legal Anti-Corruption Adviser
Anti-Corruption Specialized Unit,
Public Prosecutor’s Office,Chile

Mr. Vladimir Georgiev

Head of Department
State Commission for Prevention of Corruption
Secretariat,
Former Yugoslav Republic of Macedonia

Mr. Giorgi Phiphia

Head of the Section of theConstitutional Security Department,
In the Ministry of Internal Affairs,
Georgia

Mr. Dharam Chand Jain

Deputy Inspector General of Police
Central Bureau of Investigation,
New Delhi,
India

Mr. Harlan Mardite

Section Head of Program Setting
Office of the Attorney General,
Republic of Indonesia

Mr. Hassan Ghasemi

Judge and Head of Justice Department
Qazvin Province,
Iran

Mr. Madhav Prasad Ojha

Joint Secretary

23

Ministry of Home Affairs,
Nepal
Mr. Muhammad Hashim Tareen

Additional Secretary
Health Department,
Government of the Punjab,
Pakistan

Mr. Antonio Pinto Mendoza, Jr.

Chief
Senior Officers Placement and Promotion Board
Secretariat,
Directorate
for
Personnel
andRecords
Management,
Police Superintendent,
Philippine National Police,
Philippines

Mr. Joselito Delos Reyes Obejas

Second Assistant City Prosecutor,
Office of the City Prosecutor of Manila,
Department of Justice,
Philippines

Mr. Alharbi Ali Khalaf S.

Military Affaire
Madinah Branch,
Ministry of Interior,
Saudi Arabia

Japanese Participants
Ms. Mihoko Aso

Director
General Affairs Division,
Kyushu Regional Parole Board

Mr. Hiroshi Fukushima

Public Prosecutor
Tokyo Public Prosecutors Office,Hachioji Branch

Mr. Yasunobu Hishita

Judge
Tokyo District Court

Mr. Shinji Iwayama

Public Prosecutor
Tokyo District Public Prosecutors Office

Ms. Satsuki Miyaji

Professor
Research and Training Institute of the Ministryof Justice

Ms. Midori Shoji

Deputy Director
Katano Juvenile Training School for Girls,
Osaka

24

THE EIGHTH COUNTRY FOCUSED TRAINING
COURSE ON THE JUVENILE DELINQUENTTREATMENT SYSTEM FOR KENYA

The Eighth Country Focused Training Course on the Juvenile Delinquent Treatment System
for Kenya was held from 15 October to 9 November 2007 at UNAFEI. Eleven participants attended.
Ms. Margaret Wangui Basigwa

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

Ms. Grace Wanjiru Mburu

Volunteer Children’s Officer

Mr. Stephen Musomba Kivuva

Chief Probation Officer
Probation Training Institute

Mr. Danstan Omari Mogaka

District Children’s Officer(Chief Children’s Officer)

Ms. Esther Wanjiru Solomon

Superintendent-in-Charge
Shimo La Tewa Borstal Institution

Mr. Paul Kipchumba Leting

Senior Superintendent
Diplomatic Police Unit,
Police Department,
Office of the President

Mr. Davelyne Nkonge Mundi

Manager (Senior Children’s Officer)
Wamumu Rehabilitation School

Mr. Bakala Wambani

Provincial Children’s Officer(Assistant Director,
Department of Children’s Services)

Ms. Salome Ndunge Muthama

District Children’s Officer(Chief Children’s Officer)

Mr. Githinji Stephen Murugu

Principal Magistrate
Narok Law Courts

Ms. Wilbrodah Awino Juma

Chief Magistrate
Kitale Law Courts

25

THE TENTH INTERNATIONAL TRAINING
COURSE ON CORRUPTION CONTROLIN CRIMINAL JUSTICEThe Tenth International Training Course on Corruption Control in Criminal Justice washeld from 24 October to 22 November 2007 at UNAFEI. Thirteen participants from overseas
countries and five Japanese participants attended.
Ms. Mary Ndayikunda

Public Prosecutor
Anti-Corruption Court,
BurundiMs. Fon Achu neé Fang Helen Ike

Deputy Attorney General
Attorney General’s Office of the Court ofAppeal,Judge, Military Tribunal,
Cameroon

Mr. Dado Achmad Ekroni

Public Prosecutor
Legal Bureau of Attorney General,
Indonesia

Ms. Ivy Kamanga

JudgeHigh Court of Malawi,
MalawiMr. Mwangupiri Samuel Ngosi

Team Leader
Anti-Corruption Bureau,
MalawiMr. Amadou Bocar Touré

Magistrate
Court of the First Instance of Commune Three of
Bamako,Ministry of Justice,Mali

Ms. Oxana Bologan

Superior Inspector
Center for Combating Economic Crimes andCorruption,
Republic of Moldova

Mr. Sharada Bhakta Ranjit

Deputy Inspector General of Police
Office of Inspector General’s Secretariat,
Nepal Police Headquarters,
Nepal

Mr. Froilan Legaspi Cabarios

Public Attorney
Public Attorney’s Office,26

Philippines
Mr. Dejan Milenković

Investigator (Inspector)
Ministry of Internal Affairs,
Sector of the Internal Control of the Police,
SerbiaMr. Supakit Yampracha

Judge
Nakhon Panom Provincial Court,
Thailand

Ms. Santanee Ditsayabut

Public Prosecutor
International Affairs Department,
Office of the Attorney General,
ThailandMr. Marito Magno

Director of Good Governance
The Ombudsman for Human Rights and Justice,
Timor-Leste

27

FIRST REGIONAL SEMINAR ON GOOD
GOVERNANCE FOR SOUTHEAST ASIANCOUNTRIESThe First Regional Seminar on Good Governance for Southeast Asian Countries with thetheme of "Corruption Control in the Judiciary and Prosecutorial Authorities" was held in Bangkok,
Thailand from 17 to 21 December 2007. UNAFEI, the Office of the Attorney General of Thailand
and the UNODC Regional Centre for East Asia and the Pacific organized the Seminar, under thefinancial auspices of JICA.
The Seminar was attended by representatives of the Office of the Attorney General of
Thailand, international Visiting Experts and ad hoc Lecturers and criminal justice officials of thefollowing countries: Cambodia, Indonesia, Malaysia, Myanmar, the Philippines and Vietnam.
UNAFEI was represented by the Director, Deputy Director and two professors. The Seminar consisted of five sessions subdivided into presentations and panel discussions. The presentation topics
are listed below.
First Session• "Corruption Control and Judicial Integrity: An International Perspective with Illustrations inSouth-East Asia" by Mr. Michel Bonnieu, UNODC RC, Bangkok• Country Report, Thailand OAG• Country Report, Cambodia• Country Report, Indonesia• Country Report, Malaysia
Second Session• Country Report, Myanmar• Country Report, Philippines• Country Report, Vietnam• Country Report, Thailand ONCCC
Followed by Discussion Sessions I and II
Third Session• "Corruption Control in the Prosecutorial Authorities in Japan" by Mr. Takeshi Seto, Deputy
Director, UNAFEI• "Corruption Control in the Judiciary of Japan" by Mr. Jun Oshino, Professor, UNAFEI• "Strengthening Judicial Integrity and Capacity: Successes and Lessons Learned" by Mr.
Oliver Stolpe, Drug Control and Crime Prevention Officer, UNODC, Vienna
Followed by Discussion Sessions III and IV
Fourth Session• "Deontology and Disciplinary Law of Magistrates in France" by Mr. Patrice Davost, Courtof Appeal, Toulouse, France• "Investigation and Prosecution of Judicial Corruption in the USA" by Mr. Peter Ainsworth,
Justice Department, USA

28

Followed by Discussion Sessions V and VI
Fifth Session
Discussion and Adoption of the Recommendations
The Seminar concluded with the adoption of an eighteen point list of recommendations on
corruption control in the judicial and prosecutorial authorities.

29

INFORMATION ABOUT FORTHCOMING PROGRAMMES

1. The Fourth Seminar on Criminal Justice for Central Asia
The Fourth Seminar on Criminal Justice for Central Asia will be held from 25
February to 14 March 2008. The Seminar is entitled "Countermeasures for Drug Offences andRelated Crimes and Treatment for Drug Abusers in the Criminal Justice Process".
2. The 13th Special Seminar for Senior Criminal Justice Officials of the People’s Republic of
China
The 13th Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China will be held from 3 to 19 March 2008. Nine participants and two course counsellors
will attend. The theme of the Seminar is "Reform of the Criminal Justice System: Introducing
the Views of Crime Victims and Improving Offender Treatment, Taking into Account theRisks and Needs of Offenders".
3. The Third Country Specific Training Course on the Revitalization of the PPA Volunteer
Probation Aid System for the Philippines
The Third Country Specific Training Course on the Revitalization of the PPA
Volunteer Probation Aid System for the Philippines will take place from 15 to 25 April 2008.
The tentative number of participants is twelve.
4. The 139th International Training Course
Profiles and Effective Treatments of Serious and Violent Juvenile Offenders
Rationale
1. The participants of the 139th UNFEI International Training Course will discuss and learn
the models of juvenile justice systems and methods of assessment and treatment. Juvenile justicesystems vary from country to country, like the Child Welfare Model, which makes much of juveniles’ education; the Justice Model, which emphasizes the due process of the law in juvenile cases;
the Restorative Justice Model, which takes account of the victims’ viewpoints; or the Crime
Control Model, which makes much of social protection.1 However, it is common for most countries to apply a system different from that for adults. Although each country adopts its own justice system specifically designed for the sound development of juveniles, in instances where
juveniles commit very serious and violent offences, many of them need to apply the same justiceprocess as that applied to adult penal trials. They do this because they need to take into consideration the needs of juvenile offenders as well as the protection of victims, the protection of society, and punitive viewpoints.
Even in serious cases, we cannot lose sight of the fundamental philosophy of juvenile justice: the rehabilitation of juvenile offenders. The problem areas relevant to those serious crimes
have to be clarified in order to create proper justice systems and treatment programmes. The problems of juvenile offenders are seriously complicated, and are deeply rooted into their mental, psy1

Corrado, R. R., & Turnbull, S. D. (1992). A comparative examination of the Modified Justice Modelin the United Kingdom and the United States. In R. R. Corrado, N. Bala, R. Linden, & M. Le Blanc(Eds.), Juvenile justice in Canada: A theoretical and analytical assessment (pp. 75-136). Toronto, ON:
Buttersworth.

30chological, family, school and social situations. It is our obligation to continue our efforts to discover the causes of these problems and methods to solve them.
The United Nations has tried to establish rules and regulations for the purpose of proper
juvenile justice administration and treatment. "The United Nations Standard Minimum Rules for
the Administration of Juvenile Justice" (The Beijing Rules) outlines the basic philosophies such as
respecting human rights, pursuing the best interest of juveniles and exploiting social resources, andespecially, promoting diversion systems.2 This rule, together with "The United Nations Convention
on the Rights of the Child"3 and "The United Nations Guidelines for the Prevention of Juvenile
Delinquency" (The Riyadh Guidelines)4 provides that treatment programs in the community must
be prioritized as the first choice because of their protective and rehabilitative virtue and that treatment in institutions must be the last resort. Even though we understand that institutional treatment
limits the liberty of juveniles, we need to utilize it because of deteriorated criminal tendencies andother problems of the juveniles. "The United Nations Rules for the Protection of Juveniles
Deprived of Their Liberty"5 was enacted to prevent inappropriate treatments and the infringementof the human rights of juveniles. More than that, the United Nations recognizes the importanceof the development of effective treatment programmes for those accommodated in institutions.
Paragraph 9 of the resolution 45/113 (1990) of the UN General Assembly which adopted the ruledescribes that it is indispensable for member states to consider treatment methods for serious andpersistent young offenders and requests the UN Secretary-General to report the results of considerations at the Ninth UN Congress on the Prevention of Crime and the Treatment of Offenders.
That is to say, the UN asserts that member states need to recognize the importance of considering
how to utilize institutional treatments effectively when they must accommodate serious and persistent juveniles in institutions.
At the Ninth Congress, member states discussed the treatment of serious and persistent juvenile offenders at workshop sessions and tried to analyse background factors and practical methods. According to the background paper of the workshop,6 it is highly possible for those whohave had traumatic experiences like physical or mental abuse, neglect, or inconsistent discipline tocommit very atrocious and violent crimes during puberty or early adulthood. As for social factors,
the background paper pointed out that a flood of harmful and violent visual programmes would
be the cause of arbitrary rationalization by juveniles that violent behaviour is a useful solution to
problems. Also, globalization inflicts rapid industrialization and urbanization, by which traditional
community ties, morals and cultures have seriously deteriorated. As for problems implicit in themental and inner world, the report pointed out the risks from those suffering from personality dis2

3

4

5

6

United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing
Rules) (1985)
http://www.un.org/documents/ga/res/40/a40r033.htm (accessed February 5, 2008).
United Nations Convention on the Rights of the Child (1989),
http://www.un.org/documents/ga/res/44/a44r025.htm (accessed February 5, 2008).
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) (1990)
http://www.un.org/documents/ga/res/45/a45r112.htm (accessed February 5, 2008).
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (1990)
http://www.un.org/documents/ga/res/45/a45r113.htm (accessed February 5, 2008).
Crime Prevention Strategies in Particular as Related to Crimes in Urban Areas and Juvenile andViolent Criminality, Including the Question of Victims: Assessment and New Perspectives.
(Background Paper for the workshop on urban policy and crime prevention of Ninth UN Congress on
the Prevention of Crime and the Treatment of Offenders)(A/CONF. 169/10)
http://www.asc41.com/9th UN Congress on the Prevention of Crime/9th_congress.htm (accessed
February 5, 2008).

31

orders or developmental disorders. Behaviour and attitude patterns in particular, like antisocial
behaviour, cognitive as well as behavioural impulsivities and cognitive perversion, are highly related to violent crimes and so it is indispensable to analyse these characteristics for the development of effective treatment programmes.
The UN member states have tried to solve these problems; however, there remain many
violent cases perpetrated by juveniles, like terrorism, child abuse, domestic violence, massacre byguns, gang conflicts, and so on. There is an urgent need for us to establish proper justice systems
and to implement effective assessment and treatment methods for these serious and critical cases.
In this UNAFEI training course, we are going to examine the following topics for the development of effective measures.
(1)
(2)
(3)
(4)

Justice Models and Procedures
Assessment Methods
Treatment Methods
Prevention Methods

UNAFEI, as a regional training institute of United Nations, would like to provide the participants of the 139th International Training Course with opportunities to be exposed to the issues
mentioned above for the purpose of clarifying problematic areas and discovering solutions for serious and violent juvenile offenders in their own countries. The following are concrete discussion
topics.
1. Issues and methods of criminal investigation and prosecution in the case of serious and violent
juvenile offenders:(a) Investigation and prosecution systems with consideration for the protection of juvenile offenders;(b) Judicial systems with consideration for the protection of juvenile offenders:(i) Characteristics of juvenile justice systems for serious and violent cases;(ii) Pre-trial criminal investigations systems, social inquiry systems, psychological assessment
systems;(iii) Adjudication and treatment appropriate for serious and violent juvenile offenders.
2. Effective institutional treatment programmes for serious and violent juvenile offenders:(a) Problems and challenges of assessment techniques, psychological testing, risk-need assessment,interview techniques;(b) Effective treatment programmes for serious and violent juvenile offenders;(c) Treatment programmes taking into consideration the victim’s viewpoints;(d) Problems and challenges of through-care programmes.
3. Effective community treatment programmes for serious and violent juvenile offenders:(a) Problems and challenges of continuum treatment programmes from institutional care:(i) Problems and challenges of development of treatment programmes in accordance with assessment results;(ii) Treatment programmes based on the achievement levels of institutional programmes.
(b) Effective community treatment programmes for serious and violent juvenile offenders;(c) Relationships with other organizations for effective community treatment;(d) Crime prevention programmes in the community.
(i) Screening risk factors in early childhood;(ii) Effective treatment programmes for high risk boys and girls.

32

ADMINISTRATIVE NEWS

Faculty Changes
Mr. Ikuo Kamano, a Professor of UNAFEI, left UNAFEI on 11 January 2008.
Mr. Haruhiko Higuchi, a Professor of the National Police Academy, joined UNAFEI as a
Professor on 11 January 2008.

Overseas Trips by Staff
Mr. Ryuji Tatsuya (Professor) visited Bangkok, Thailand from 20 to 27 October 2007 to
attend the Annual General Meeting of the International Corrections and Prisons Association.
Director Keiichi Aizawa visited Saudi Arabia from 9 to 14 November 2007 to attend andcontribute to the discussion of the PNI Co-ordination Meeting.
Deputy Director Takeshi Seto, Mr. Koji Yamada (Professor) and Mr. Ikuo Kosaka (Staff)
visited Uzbekistan, Kyrgyzstan and Tajikistan from 13 to 28 November 2007 to conduct researchon the criminal justice systems of Central Asia.
Mr. Tetsuya Sugano (Professor) and Mr. Atsushi Takagi (Staff) visited Hanoi, Vietnam
from 25 November to 2 December 2007 to attend the Asian Pacific Conference of Correctional
Administrators.
Director Keiichi Aizawa, Deputy Director Takeshi Seto, Mr. Shintaro Naito (Professor), Mr.
Jun Oshino (Professor), Ms. Yoko Hosoe (Staff) and Mr. Etsuya Iwagami (Staff) visited Bangkok
from 11 to 23 December 2007 to attend the First Regional Seminar on Good Governance forSoutheast Asian Countries, which UNAFEI co-hosted with the Office of the Attorney General of
Thailand and the UNODC Regional Centre, Bangkok.
Mr. Koji Yamada (Professor) and Ms. Akane Uenishi (Staff) visited the Republic of thePhilippines from 15 to 24 January 2008 to attend the In-Country Training Programme for the PPA
Volunteer Probation Aid System.
Mr. Shintaro Naito (Professor) and Mr. Ikuo Kosaka (Staff) visited Bali, Indonesia from 27
January to 6 February to observe the Second Conference of the States Parties to the United
Nations Convention against Corruption. They also visited Bangkok, Thailand to make preparations
for the Second Regional Seminar on Good Governance for Southeast Asian Countries, which
UNAFEI will co-host with the Office of the Attorney General of Thailand and UNODC Regional
Centre, Bangkok.

33

FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Keiichi Aizawa
Mr. Takeshi Seto
Mr. Motoo Noguchi
Mr. Haruhiko Higuchi
Ms. Tae Sugiyama
Mr. Ryuji Tatsuya
Mr. Koji Yamada
Mr. Tetsuya Sugano
Ms. Kayo Ishihara
Mr. Shintaro Naito
Mr. Jun Oshino
Ms. Grace Lord

Secretariat:
Mr. Sakumi Fujii
Mr. Kazuyuki Kawabe
Mr. Hitoshi Nakasuga

Director
Deputy Director
Professor
Professor
Professor, Chief of Information and Library Service
Division
Professor
Professor
Professor, Chief of Research Division, 138th Deputy Course
Programming Officer
Professor, 138th Course Programming Officer
Professor
Professor, Chief of Training Division
Linguistic Adviser

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

General and Financial Affairs Section:
Mr. Hideshi Ohashi
Chief
Mr. Fumihiro Nakayasu
Mr. Ikuo Kosaka
Ms. Mariko Tsuruoka

Training and Hostel Management Affairs Section:
Mr. Seiji Yamagami
Chief
Mr. Etsuya Iwakami
Senior Officer
Ms. Yoko Hosoe
Mr. Atsushi Takagi
138th Assistant Course Programming Officer
Mr. Yuichi Shirakawa
Ms. Eiko Shibuki

International Research Affairs Section:
Mr. Yuichi Kitada
Chief
Ms. Masumi Tomita
Librarian

Secretarial Staff:
Ms. Akane Uenishi

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Ms. Aiko Ota

Kitchen:Mr. Yuji Matsumoto

Chef

JICA Co-ordinator for the 138th Senior Seminar:
Mr. Takao MoriJICA

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