Number 113

March 2022

PREVENTION OF CRIME AND
TREATMENT OF OFFENDERSUNAFEI’S RESOURCE MATERIAL SERIESRESOURCE MATERIAL SERIES NO. 113
FEATURED ARTICLE
The Gender-Responsive Approach
Dr. Stephanie S. Covington (United States)

COURSE REPORTS
The 23rd UNCAC Training Programme“Tackling Emerging Threats of Corruption in the Borderless and Digitalized World”
Prof. WATANABE Machiko (UNAFEI)The 175th International Training Course“Treatment of Women Offenders”
Prof. SASAKI Ayako (UNAFEI)The 176th International Training Course“Achieving Inclusive Societies through Effective Criminal Justice Policies and Practices”
Prof. HOSOKAWA Hidehito (UNAFEI)The United Nations Asia and Far East Institutefor the Prevention of Crime and the Treatment of Offenders

PREVENTION OF CRIME
AND TREATMENT OF
OFFENDERSRESOURCE MATERIALSERIES NO. 113

UNAFEI
Akishima, Tokyo, JapanMarch 2022

MORINAGA Taro
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
2-1-18 Mokuseinomori, Akishima-shi, Tokyo, Japan
unafei@i.moj.go.jp

CONTENTS
INTRODUCTORY NOTE........................................................................................................................................................... iii
PART ONEWORK PRODUCT OF THE 23RD UNAFEI UNCAC TRAINING PROGRAMMETACKLING EMERGING THREATS OF CORRUPTION IN THE BORDERLESSAND DIGITALIZED WORLD
Report of the Programme⃝ The 23rd UNCAC Training Programme (Online): “Tackling Emerging Threats ofCorruption in the Borderless and Digitalized World”
by Prof. WATANABE Machiko (UNAFEI)........................................................................................................................ 3

Participants’ Papers⃝ Complimenting Financial Intelligence Unit (FIU) Information as a Tool in Combating
Corruption in Malaysia
by Ms. Asrul Ridzuan Bin Ahmad Rustami (Malaysia)............................................................................................. 7⃝ Ensuring the Admissibility and Credibility of Electronic Evidence in Indonesian
Criminal Proceedings
by Ms. Salmah (Indonesia).............................................................................................................................................................. 11⃝ Effective Measures to Detect Corruption Cases from Various Sources in the State ofPalestineby Ms. Rasha Amarneh (Palestine).......................................................................................................................................... 15⃝ Mutual Legal Assistance for the Purpose of Asset Confiscation and Asset Recovery
by Mr. Saffiatou Nyang (The Gambia).................................................................................................................................. 21

PART TWOWORK PRODUCT OF THE 175TH INTERNATIONAL TRAINING COURSE
TREATMENT OF WOMEN OFFENDERS
Report of the Course⃝ UNAFEI’s 175th International Training Course (Online): “Treatment of Women
Offenders”
by Prof. SASAKI Ayako (UNAFEI)........................................................................................................................................ 25

Visiting Expert’s Paper⃝ The Gender-Responsive Approach
by Dr. Stephanie S. Covington (United States of America).................................................................................... 27iParticipants’ Papers⃝ Implementing Gender-Responsive Practices to Rehabilitate and Support Community
Reintegration of Women Offenders in Singapore
by Ms. Nur Asyikin Hamzah (ASEAN Community – Singapore).................................................................... 33⃝ The Parole and Probation Supervision Programme in the Philippines
by Ms. Frances F. Magnaan (Philippines)........................................................................................................................... 37⃝ Does the Penalty Always Fit the Crime? – Treatment of Women Offenders in Sri
Lanka
by Ms. Ganga Wakishta Arachchi (Sri Lanka)................................................................................................................ 47

PART THREE
WORK PRODUCT OF THE 176TH INTERNATIONAL TRAINING COURSE
ACHIEVING INCLUSIVE SOCIETIES THROUGH EFFECTIVE CRIMINALJUSTICE POLICIES AND PRACTICES
Report of the Course⃝ The 176th International Training Course (Online): “Achieving Inclusive Societies
through Effective Criminal Justice Policies and Practices”
by Prof. HOSOKAWA Hidehito (UNAFEI)..................................................................................................................... 63

Participants’ Papers⃝ The Justice System in Samoa Focusing on the Alcohol and Drugs Court
by Ms. Veleala Mautu (Samoa).................................................................................................................................................... 67⃝ Adoption of Modern Technological Mechanisms and Measures to Minimize Secondary
Victimization Prevailing in the Criminal Justice System of Sri Lanka with Emphasis on
the Court System
by Ms. Udara Karunatilaka (Sri Lanka).............................................................................................................................. 71

APPENDIX.............................................................................................................................................................................................. 79
Photographs⃝ The 23rd UNAFEI UNCAC Training Programme .................................................................................................. 81⃝ The 175th International Training Course ......................................................................................................................... 82⃝ The 176th International Training Course ......................................................................................................................... 83

RESOURCE MATERIAL SERIES INDEX

ii

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of Crime and theTreatment of Offenders (UNAFEI) offers to the international community this issue of Prevention of Crime
and Treatment of Offenders, UNAFEI’s Resource Material Series No. 113. Due to the global impact of theCovid-19 pandemic and the severe restrictions on international travel, it was necessary to postpone all ourinternational training courses and seminars scheduled in Fiscal Year 2020.
However, I am pleased to report that we have resumed our international training programmes, beginningwith the 23rd UNAFEI UNCAC Training Programme on Tackling Emerging Threats of Corruption in the
Borderless and Digitalized World, which was held exclusively online from September to October 2021.
Following the success of UNAFEI’s first online training programme, we held the 175th International Training
Course on the Treatment of Women Offenders (Oct.–Nov. 2021) and the 176th International Training Courseon Achieving Inclusive Societies through Effective Criminal Justice Policies and Practices (Nov.–Dec. 2021).
The 2030 Agenda for Sustainable Development seeks to establish a global society in which no one is left
behind, and Sustainable Development Goal 16 underscores the importance of governance and the rule of law
in promoting peaceful, just and inclusive societies. In March 2021, overcoming challenges posed by the
pandemic, the United Nations Member States renewed their commitment to achieving these goals throughthe adoption of the Kyoto Declaration – the political declaration of the 14th United Nations Congress on
Crime Prevention and Criminal Justice, held in Kyoto, Japan.
Each of the training courses covered in this issue aimed to exchange and promote good policies andpractices towards the achievement of the Sustainable Development Goals: the 23rd UNCAC programme
focused on countering corruption and cybercrime, while the 175th and 176th training courses considered
measures to reduce reoffending and to promote the rights and interests of crime victims throughout thecriminal justice process.     I would like to pay tribute to the contributions of the Government of Japan, particularly the Ministry ofJustice, the Japan International Cooperation Agency and the Asia Crime Prevention Foundation, for providing
indispensable and unwavering support to UNAFEI’s international training programmes and other activities.
Finally, I would like to express my heartfelt gratitude to all who so unselfishly assisted in the publicationof this series.

March 2022

MORINAGA Taro
Director of UNAFEI

iii

PART ONE
RESOURCE MATERIAL SERIES
No. 113Work Product of the 23rd UNAFEI UNCAC
Training Programme

UNAFEIREPORT OF THE PROGRAMME
THE 23RD UNCAC TRAINING PROGRAMME (ONLINE)“TACKLING EMERGING THREATS OF CORRUPTION IN THE BORDERLESSAND DIGITALIZED WORLD”
1. Duration and Participants• From 22 September to 18 October 2021
• 27 overseas participants from 19 jurisdictions
2. Programme Overview
Globalization coupled with rapid progress of information technology has made trades and transactions
borderless and highly reliant on worldwide information flows in cyberspace. While these changes havecontributed to enormous economic growth, they have also made the fight against corruption more difficult
with a number of new and emerging challenges. To counter these challenges, this programme offeredparticipants an opportunity to share experiences and knowledge on (i) finding, preserving, collecting,analysing and utilizing electronic evidence; (ii) detection of corruption cases from various sources andgaining cooperation from witnesses, accomplices and citizens, and (iii) international cooperation.
This programme, for the first time in the history of UNAFEI’s International Training Courses and
Seminars, was exclusively conducted online due to the Covid- 19 pandemic. In consideration of the timedifference between the participating countries around the world, two-hour session were conducted twice
a day. The participants were offered a virtual conference room and chat room through which they wereable to communicate with the UNAFEI faculty and staff members as well as their colleagues in real time.
3. The Content of the Programme(1) Lectures
Since the participants needed to continue their professional and family duties during the programme,
the lectures were recorded in advance and broadcast on-demand for their convenience, followed bylive Q & A sessions with the lecturers. UNAFEI faculty members gave on-demand lectures on thecriminal justice system in Japan, as well as some live lectures on an overview of UNCAC, Japaneseanti-corruption measures, and international cooperation focusing on the bottlenecks in MLA. The
visiting experts from overseas and an ad hoc lecturer from Japan also gave informative lectures:
 Visiting Experts•

Dr. Thomas DoughertyInternational Computer Hacking and Intellectual Property
Attorney for Central, Southern and Eastern Europe
U.S. Department of Justice“Effective Use of Digital Evidence in Anti-Corruption Investigations and Prosecutions”•

Mr. LAM Seow Kin
Deputy Director, Investigations
Corrupt Practices Investigation Bureau, Singapore“Effective Measures and Practical Challenges to Detect Corruption Cases from Various Sources”•

Mr. Robin LEE
Chief, Digital Technology Office, Deputy Director, Investigations, Corrupt Practices Investigation
Bureau, Singapore“Effective Measures to Encourage Corruption Reporting”

 Ad hoc lecturer•

Mr. HACHIYA Kenichi
Assistant Director, Second Unit of Investigation Training Office Cybercrime Division, Community
Safety Bureau
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RESOURCE MATERIAL SERIES No. 113
National Police Agency“Cybercrime Investigation Practice in Japan”(2) Group Work
Participants were divided into four groups based on time zones and the themes of their choice for the
Individual Presentation sessions and discussions.
 Individual Presentations
Participants shared the practices and the challenges in their respective jurisdictions regarding thetheme of the Programme through their individual presentations. All the presentations wererecorded and uploaded online for reference by participants in other groups or those who could notattend the sessions.
 Discussions
Participants had fruitful discussions on the themes of the Programme: (i) finding, preserving,collecting, analysing and utilizing electronic evidence; (ii) detection of corruption cases from various
sources and gaining cooperation from witnesses, accomplices and citizens, and (iii) international
cooperation, focusing on their challenges.

4•

Whistle-blower/witness protection
As for encouraging reporting, conventional measures such as anonymous reporting, exemption
from civil/criminal liability and confidentiality of the identification of the reporter were shared
as well as the use of new technology such as online-reporting systems and smartphone
applications which give the public easy access to the authority. As for witness protection, in
court measures such as confidentiality of the identity of the witness and video-link testimony
were discussed along with out-of-court measures such as the change of identification or relocationof the witness by the government. Measures to obtain cooperation from accomplices and hostile
witnesses was also discussed including deferred prosecution, plea agreement (or cooperationagreement) as well as subpoenas and the use of out-of-court statements as exceptions to thehearsay rule. It was mentioned that special units need to be established to deal with whistleblower/witness protection because of its sensitive nature. The Singaporean experience ofyounger-age education was also pointed out as being effective in obtaining cooperation from thepublic.

•Effective use of information, financial intelligence and other corruption leads
Regarding FIU information, it was mentioned that the value of FIU information needs to bedisseminated among criminal justice practitioners, and a successful case involving MLA basedon the FIU information to detect and prosecute corruption was shared. The challenges and bestpractices of inter-agency cooperation, especially between anti-corruption agencies and police
forces, were also shared. The Japanese leniency system of the Fair Trade Commission was
introduced as a means to detect procurement-related corruption.

•

Use of digital evidence
As for the challenges of collecting and analysing digital evidence，recovery of digital data,decrypting the locked devices seized and collection of digital data stored overseas, as well aslack of adequate laws, experts and tools to deal with digital evidence. As countermeasures, it
was discussed that timely freezing of the data by international cooperation and sharing of tools
and experts at the regional level as well as establishing sufficient legal frameworks and capacity-building of experts and investigators. As for the effective use of digital evidence at the trial
stage, best practices for authentication were discussed, such as procedures for collection andpreservation, establishing the “chain of custody”, including numbering the evidence, andtestimony by digital-forensics investigators and experts. Japanese precedent was also shared on
the admissibility of digital evidence obtained from overseas servers.

•

International cooperation
The lengthy, complicated process of mutual legal assistance was discussed as one of the primarychallenges to international cooperation. To overcome these challenges, the use of informal

REPORT OF THE PROGRAMME
professional networks and information sharing were identified as important steps. Practices
were also shared on collecting and analysing digital evidence in collaboration with law
enforcement agencies in other countries. As for the collection of digital evidence, it was pointed
out that the Budapest Convention is a valuable tool for handling preservation requests andmutual legal assistance, provided the parties to the request are member states.
(3) Action Plans
Each participant concluded the programme by presenting their own action plans based on thechallenges they identified and what they learned in the lectures, presentations by the colleagues anddiscussions. Despite the lack of in-person interaction, most participants said they were quite satisfied
that the programme had been helpful in acquiring knowledge on anti-corruption measures.

5

PARTICIPANTS’ PAPERSCOMPLIMENTING FINANCIAL INTELLIGENCE UNIT (FIU)
INFORMATION AS A TOOL IN COMBATING CORRUPTION
IN MALAYSIA
Asrul Ridzuan Bin Ahmad Rustami*

I. INTRODUCTIONAs technology advances, the investigation of corruption cases has become more complex and difficult.
The criminals themselves have evolved where they are highly organized at evading detection by LEAs,
especially involving ill-gotten assets. The investigation of corruption cases no longer focuses on the essence
set out in the law, but the investigation needs to be more comprehensive and the need to obtain data to build
a case becomes very pertinent, especially at the initial investigation stage. One of the methods where data
is most needed is the financial information available at the Financial Intelligence Unit (FIU). For the MalaysianAnti-Corruption Commission (MACC), the information obtained from the FIU has become more essential toconstruct a decent case against the offenders.
The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
(AMLA) is the primary statute governing the AML/CFT regime in Malaysia. The Act was gazetted as law
on 5 July 2001 and came into force on 15 January 2002.
The AMLA provides for the offence of money-laundering and terrorism financing and the measures to beundertaken for the prevention of money-laundering and terrorism financing offences. This law also provides
wide-ranging investigation powers including powers for law enforcement agencies and Public Prosecutors tofreeze and seize properties that are involved or suspected to be involved in money-laundering or terrorism
financing offences, and the power of the court to forfeit properties derived from the proceeds of serious
crimes.
Section 7 of this law provides for the establishment of a Financial Intelligence Unit, where the Financial
Intelligence and Enforcement Department (FIED) of the Central Bank of Malaysia is responsible to manageand provide comprehensive analysis on the financial intelligence information received relating to moneylaundering, terrorism financing or any other crimes. The financial intelligence received may come fromvarious sources such as STRs and CTRs received from the reporting institutions such as financial institutions
as defined under the First Schedule of the AMLATFPUAA 2001 Act, local law enforcement agencies andforeign FIUs.
In Malaysia, the Anti-Money-Laundering investigation regime is coordinated by the National Coordination
Committee (NCC), which is responsible for coordinating, implementing and monitoring the development of
the national anti-money-laundering initiatives. Members of the NCC are drawn from ministries andgovernment agencies from supervisory/regulatory authorities, law enforcement agencies and policymaking
ministries. It is spearheaded by the Central Bank of Malaysia and includes enforcement and regulatory
agencies in Malaysia such as the Royal Malaysia Police, the Malaysian Anti-Corruption Commission, theInland Revenue Board of Malaysia, the Immigration Department of Malaysia, the Royal Malaysian Customs
Department, the Companies Commission of Malaysia, the Securities Commission Malaysia and the Attorney
General’s Chambers among others.
The financial intelligence information will be disseminated to the respective law enforcement agencies aslisted above for their further action depending on the nature of their crime under their respective purviews.
MACC has been empowered to investigate money-laundering cases relating to laws administered by MACC
* Senior Assistant Commissioner, Malaysian Anti-Corruption Commission (MACC).

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RESOURCE MATERIAL SERIES No. 113
pursuant to the Malaysian Anti-Corruption Commission (MACC) Act 2009.

II. THE USAGE OF CASH THRESHOLD REPORTS (CTR) AND
SUSPICIOUS TRANSACTION REPORTS (STR) IN CORRUPTION CASES
Apart from the information of the whistle-blower, CTR and STR information play a major role indeveloping a corruption case, especially in MACC when it involves grand corruption cases.
As we all know, CTR is referring to a limit of cash transaction that has been set up by the competentauthority for the reporting institution to escalate to the FIU for further verification. In Malaysia, the FIU has
set the cash transaction that needs to be reported as any transaction above RM 25,000.00. Section 14 of the
AMLATFPUAA 2001 Act states that the reporting institution shall promptly report to the competentauthority any transaction exceeding such amount as specified by the competent authority. This involves
physical currencies and bearer negotiable instruments such as travellers’ cheques but excludes bank drafts,
cheques, electronic transfers or fixed deposit rollover. These include transactions involving withdrawal of
cash from accounts or exchange of bearer negotiable instruments for cash.
On the other hand, STR is referring to any transaction (regardless of the amount) that appears unusual,has no clear economic purpose, appears illegal, is not commensurate with the customer’s profile or businessactivities, or involves proceeds of unlawful activities. Section 14 of the AMLATFPUAA 2001 states that areporting institution shall report to the competent authority if any officer/employee suspects that any
transaction or property involves proceeds of an unlawful activity or instrumentalities of an offence or related
or linked to any terrorist act/entity or terrorism financing.
In a world where corruption has become increasingly challenging and rampant together with the evolutionof technology due to globalization and cross-border issues, data has become essential in investigations, andthe CTR and STR are very useful and helpful in the corruption investigations. The data contained in the
CTR and STR is very informative for the LEAs and helps them build a case, and both CTR and STR act as
an indicator or red flag on the customer’s profile. These data are very beneficial for profiling purposes as
there is a bank account involved, account holder information including the beneficial owner, person conducting
the transaction, amount involved, frequency of transactions performed, where transactions are performed
and other information that is very useful in the investigation.
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PARTICIPANTS’ PAPERS
But how can this information be built into a good case? For the MACC, the customer's personal informationin the CTR and STR will be used to complete the profiling on suspects. This information will be expanded
to the family of the suspect, companies belonging to suspects or affiliates. A second review of CTR and STR
towards the family, associates and companies will be conducted. When this information is obtained, subsequent
behavioural analysis will be conducted on the suspect, his family and their allies to determine pattern andestablish their lifestyle.
Besides that, these disclosures assist in identifying the accomplices who are involved in the scheme
through the information of the person who conducted the transaction. It enables the profiling of accomplices
to be done easily, whereby the information may at times include the employment details of the person who
conducted the transaction. Another benefit is where through the disclosures of CTR and STR, it allows us
to be able to identify the transactions early and helps in tracing the source of the funds. Initial analysis on
the transactions can commence with the help of financial institutions in providing documents, and if foreigntransactions may be involved, investigators would be able to initiate a mutual legal assistance (MLA) request.
For bank account information that has been identified, MACC will work together with the FIU to obtainall financial information and documents belonging to suspects, families, associates and the companies ownedby them. The specific provisions that provide power to MACC to gather financial information are Section 35of the MACC Act 2009 and Section 48 of AMLATFPUAA 2001. From this financial information, theinvestigating officer will conduct an analysis and trace the money trail of the bank accounts owned by thesuspect, family and associates. This is an important step given that this will show whether the suspectcommitted a corruption offence or not.
Apart from CTR and STR information, the FIU also provides international transaction information to
LEAs to facilitate cross-border investigations. Among the information that can be supplied is information on
the outflow or inflow of money to or from abroad. From this information, the investigating officer can figureout the source of funds and can identify whether a money-laundering offence has been committed by thesuspect. With this data, the process to prepare mutual legal assistance (MLA) requests is becoming easierever since we can request the details of information from foreign counterparts by using the information
received. However, the setback for this system is that it only captures a transaction above RM 200,000.00.
Information that can be obtained through this indicator such as the details of the beneficiary, details of thebank and account involved, name of the non-resident and the country involved, the currency of the transaction
and details of the transaction such as the description and date of transfer.

III. CASE STUDY – THE OPERATION EL NINO CASE
“Operation EL NINO” is the first project that is recognized by the Chief Commissioner of MACC as thefirst FULL analysis case by MACC. This case involved the participation of Malaysia FIU to facilitate andassist MACC in developing the case.
This case was first handed out to MACC through an STR disclosure from the FIU, where the information
related to a senior official in the Ministry of Sport and Youth who made large payments on his credit cardbills. In addition, in the STR also stated that the payment was made by a man using his company’s cheque.
The information also stated that the use of the credit card is for the purchase of luxury and expensive items
such as luxury watches, bedding, paintings, art and others. Also mentioned in the STR provided, theemolument received by the senior official was not commensurate with his spending.
Based on this information, comprehensive planning has been carried out to ensure the success of thisproject. A full profiling of the suspect was extensively conducted, which included open-source searches andpersonal information gathered from various agencies. Besides that, by engaging the Intelligence Departmentof the Commission, physical surveillance and the setting up of wiretapping was done. Financial institutions
were engaged in the process of performing accounts analysis on the transactions that were triggered andmoney trail of the accounts and funds in subject. Besides that, integrity offices of the Commission that werebased in the relevant ministries assisted in gathering the job scope of the suspect.

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RESOURCE MATERIAL SERIES No. 113
During the profiling stage, MACC figured out that the two of them met frequently and based on thewiretapping, MACC also has established that the payment of the credit card bills is as an inducement toapprove the payment for a contract awarded to the companies belonging to the accomplice.
In addition, the financial profile of these individuals was also gathered by using legal provisions under the
MACC Act 2009 and AMLATFPUAA 2001. The FIU also acts as a cooperation platform to expedite therequest from the financial institution. All the financial information was then analysed, and the results of theanalysis have shown that both suspects have been involved in corrupt practices since 2008. From thefinancial documents as well, MACC was able to trace the projects that had been awarded to the accomplice
and as a result of the initial investigation disclose that the contracts involved approximately RM 40 million
with a bribe of more than half of it.
The major operations were then launched in February 2016. Throughout the investigations, 11 people
have been detained consisting of two public officials and nine non-public officials. During the investigation,
MACC has seized cash approximately RM 16 million, an assortment of jewellery and luxury items thatamounted to RM 4 million, 12 luxury cars and a few properties that amounted to millions of ringgits. In late
May 2016, both the public official and the accomplice were brought to the court and charged with 32 charges
under Section 18 and Section 23 of MACC Act 2009 and 64 charges under AMLATFPUAA 2001.
During the investigation, MACC had proposed to the Ministry of Youth and Sport to enhance its
procurement system in awarding future contracts since it was noted from this investigation that theGovernment had incurred an estimated loss of RM 100 million and future losses arising from a similar nature
had to be prevented. Section 7 of the Malaysia Anti-Corruption Commission Act 2009 stipulates that theCommission shall have the function of advising public bodies of any changes in practices, systems orprocedures where the Chief Commissioner thinks may be necessary to reduce the likelihood of the occurrenceof corrupt practices. The Commission proposed for the establishment of a “check and balance mechanism”
in awarding contracts to prevent similar incidents from reoccurring.

IV. CONCLUSION
Crime, especially corruption, has evolved, and conducting investigations of corruption cases have become
increasingly complicated. The existence of up-to-date technologies also poses additional threats and challenges
to investigating officers. In this regard, the use of data, such as CTR, STR and international transaction
records provided by the FIU, is very useful as the data can show the pattern of how a crime is committed.
Strengthening domestic cooperation between LEAs and the FIU will be helpful to understand every case in
more depth to draw level with the evolution of crime itself. This is the way forward in the future.

10

ENSURING THE ADMISSIBILITY AND CREDIBILITY OF ELECTRONICEVIDENCE IN INDONESIAN CRIMINAL PROCEEDINGS
Salmah*I. PREFACE
Since the 2000s, Indonesia has experienced an increase in the use of digital technology, where more andmore individuals are using computers and mobile phones in their daily lives. The development of digitaltechnology is not only limited to the physical form but also in the scope of its use. Along with thesedevelopments, the types and methods of crimes that use digital technology are also increasing.
One type and source of electronic evidence is CCTV footage or Closed-Circuit Television. CCTV recording
is a medium that can be used to contain recordings of any information that can be seen, read or heard withthe help of CCTV recording facilities. CCTV footage is used as evidence, and the system uses video cameras
to display and record images at a certain time and place where this device is installed, which means using aclosed signal, unlike an ordinary television, which uses a broadcast signal.1
Prior to 2001, CCTV had been used as a means of security or monitoring but had not been used as
evidence in trials. However, after Law Number 20 of 2001 junto Law Number 31 of 1999 concerning
Eradication of Criminal Acts of Corruption, which was later strengthened by Law Number 11 of 2008
concerning Information and Electronic Transactions, CCTV, has become one of the electronic evidence toolsthat is very helpful in proving the occurrence of criminal acts.
When a suspect and other related party commit an act that is a crime or is part of a criminal process, theinvestigation is carried out only based on evidence in the form of objects/goods used to commit the crime,
the testimony of the related parties and, when applicable, the suspects’ admission of guilt. In corruption
criminal acts, evidence such as instructions between the suspect and related parties, proof of wrongdoing,
electronic objects/goods used to commit crimes and documentary evidence are usually very difficult toobtain. However, if the crime event, such as meetings between the suspect and other parties, was caught on
CCTV, then the results of the CCTV footage will become electronic evidence that strengthens the allegationthat there is indeed a special relationship between the suspect and other related parties and that they wereinvolved in the corruption act.

II. ELECTRONIC EVIDENCE IN INDONESIA
In the history of legislation in Indonesia, electronic evidence was clearly stated for the first time in Law
Number 20 of 2001, which was an amendment to Law Number 31 of 1999 concerning the Eradication of
Criminal Acts of Corruption. Valid evidence in the form of a directive in accordance with Article 184 of the
Criminal Procedure Code was expanded in regard to the acquisition source to include other evidence in theform of information that is spoken, sent, received or stored electronically with an optical device or similar;
or information that can be seen, read and/or heard, that can be issued with or without the help of a means,
whether written on paper, any physical object other than paper, or recorded electronically.2 These wereemphasized again in Article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions,* Middle Investigator, Investigation Directorate, Corruption Eradication Commission Indonesia.
1
Surjono, Herman Dwi, Pengembangan Pendidikan TI di Era Global., p. 18.
2
Further Explanation of Law Number 20 of 2001, which was an amendment to Law Number 31 of 1999 concerning theEradication of Criminal Acts of Corruption.

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RESOURCE MATERIAL SERIES No. 113
which states that electronic information, electronic documents and printouts are recognized as legal evidence.
The crime of corruption and money-laundering is one of the economic crimes that is difficult to prove
without special handling. Thus, electronic evidence, as one of the valid forms of evidence admissible in court,
can increase the judge's confidence in deciding cases.
To ensure the admissibility and credibility of electronic evidence, it was critical for Digital Evidence First
Responders or investigators to have core skills, such as how to search and identify digital evidence, choosing
the right tools needed, acquiring the digital evidence by following the right procedures and regulations, andhow to ensure and maintain and preserve the digital evidence.
A. Electronic Evidence Sources
Muhammad Neil El Himam said that digital evidence can be sourced from3:a) Computer, which consists of e-mail, digital images, electronic documents, spreadsheets, chat logs,
illegal software and other copyright materials,b) Hard disks, which consist of files, both active, deleted or in the form of fragments, file metadata, slack
files, swap files, system information, which consists of registry, logs and configuration data,c) Other sources, which consist of i) cellular telephone, namely in the form of SMS, numbers called,incoming calls, credit/debit card numbers, e-mail addresses, call forwarding numbers; ii) PDAs / smart
phones, which consist of everything listed in the cell phone plus contacts, eta, pictures, passwords,
documents and othersd) Video games,e) GPS device containing routes,f) A digital camera, which contains photos, videos and other information that may be stored on amemory card (SD, CF, etc.).
Identifying the source of electronic evidence is important because the way of handling each electronic
device varied depending on its operating system and device structures. Sources of electronic evidence also
determine the tools that must be used in accessing digital data, acquiring and preserving it.
B. Securing Electronic Evidence
To secure the electronic evidence in the investigation stage, an investigator needs to gain acquisition/collection, confiscation permit/approval, before doing search, storage, filing, and finally delivering thoseevidence to the Prosecutor with identification/category of evidence and minutes related to the examination/
analysis of the electronic evidence. After the electronic evidence in the prosecution stage, the prosecutor
must preserve the evidence given and presented those evidence in court. Lastly is the importance of anexpert's statement which includes opinions regarding the originality of the evidence, analysis and reports on
the electronic evidence. To secure the electronic evidence from the time it is first acquired until presented
in court, the electronic evidence chain of custody had to be clear and in accordance with existing Standard
Operating Procedures and regulations.
C. Sample Case
During the trial of a bribery case with the defendant DYL (Member of the Indonesian House ofRepresentatives) in 2016, the prosecutor showed CCTV footage showing the defendants meeting at the
Bebek Tepi Sawah Restaurant, Pondok Indah Mall, in Jakarta on 18 October 2015. The purpose of themeeting, based on the testimony of the other defendant, RB, was to discuss the project fee. However, DYL
denied that statement and insisted that the meeting was coincidental and only small talk happened. DYL also
stated that they had only met for 15 minutes, which was then refuted by the duration of the recorded CCTV
that showed the meeting last more than 30 minutes. In this case, the CCTV footage shows the indisputable
fact that a meeting had taken place between the defendants and DYL's statement as a defendant is doubtful.
To ensure the accuracy and authenticity of the video, the CCTV footage confiscated by investigators was
also sent to an expert to be analysed, to compare the faces and body shapes in the footage with the suspects
3

Muhammad Neil el Himam, Pemeriksaan Alat Bukti Digital dalam Proses Pembuktian, paper presented at Digital Forensik
seminar, Semarang, 24 October 2012.

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PARTICIPANTS’ PAPERS
and to ensure that the footage was not tampered with.

III. CHALLENGES
Regarding the legal power of the evidence, electronic evidence has weaknesses because it is virtual,
which is very vulnerable or easy to change, falsify, intercept, remove or even engineer as if was made by aspecific individual but actually made by someone else, or as if it was made by the authorities, and because it
can be sent to various parts of the world within seconds.
Electronic information/data as digital evidence or direct evidence has not been fully accommodated in theprocedural law system in Indonesia, and currently there is no standard procedure for searching until
analysing electronic evidence that is generally applicable in Indonesia because, in practice, the procedure forsearching, procuring and analysing electronic evidence is left to each law enforcement institution that
handles the electronic evidence. This leads to different procedures carried out by each institution and makes
it difficult for judges to see whether electronic evidence has been searched, procured and examined with theright procedure or not to guarantee its evidentiary value.
For example, CCTV is a tool that is commonly found in various places as a security tool. The footage canbe used in many ways, such as digital evidence, to track down criminal suspects or suspicious people or justto check the surrounding area. The other use of CCTV largely depends on the technology level of eachcountry. Regarding CCTV recordings as digital evidence, there are some investigators who only confiscate
data taken from CCTV recording storage and store it in other storage areas, but there are also those who
confiscate the original CCTV memory storage. The difference in the confiscated goods causes differences in
the handling and analysis.
The absence of this setting also causes vulnerability, such as violation of citizens’ right to privacy. Thereis no guarantee for sufficient legal protection on existing private data in the device that had no relation to
the suspected crimes that is also stored on a PC, laptop, or cell phone of the owner when the device wasconfiscated and examined by investigators. On the other hand, the owner of the electronic device can also
refuse to hand over his possessions to be confiscated by investigators in the related case.
Another problem that arises is when the required electronic data is stored or was in a cyber-network inthe server under the control of a service provider or foreign company domiciled outside the jurisdiction ofIndonesia. Fortunately, this problem can be avoided even though Indonesia is not a signatory to the Budapest
Convention on cybercrime., Article 32, item b, states, “A Party may, without the authorization of anotherParty: can access or receive, through a computer system in its territory, stored computer data located inanother Party, if the Party obtains the lawful and voluntary consent of the person who has the lawfulauthority to disclose the data to the Party through that computer system”.
The digital data acquisition itself can also cause problems such as illegal data collection that violatesinternational law and territorial boundaries of sovereignty, time-consuming MLA process, raising an alarmto the suspect so she/he immediately destroys the digital evidence or device, and lastly, even though wehave managed to get the data through foreign assistance, Indonesian law has not yet regulated the procedure
for confiscation or obtaining it as evidence.

IV. CONCLUSION
The admissibility and credibility of electronic evidence must be maintained from the time investigators
find electronic evidence for the first time until it is finally displayed in court. Every aspect must be considered,starting from human resources, the necessary infrastructure and tools, regulations and standard proceduresthat are clear and accountable, and admissible analysis results of electronic evidence that support otherevidence. The government must also support the obtaining of electronic data from service providers or
foreign companies by making the necessary regulations and agreements with these parties.
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Also, to ensure the admissibility and credibility of electronic or digital evidence, there are principles thathave to be met according to ISO 27037, such as Data Integrity, Competency, Chain of Custody and Regulation.
The electronic or digital evidence must have been procured and examined with the correct andstandardized procedures, so that it can be concluded that there is no change in the evidence, or it can beensured that the integrity of the electronic evidence is well maintained and has evidentiary value in court.
Then the identification, collection, processing, security, analysing and documentation of electronic evidence
must be carried out by competent personnel to prevent compromise of such electronic evidence. Thisrequires sufficient certification of skills needed for Digital Evidence First Responders and Digital Evidence
Specialists.
Furthermore, a clear and complete chain of custody is essential where the entire process is carried out
according to procedures so that an independent third party can audit, examine or analyse the same electronic
evidence and obtain the same results.
Finally, persons in charge of electronic evidence are responsible for ensuring that the processes andprocedures on electronic evidence are – from the beginning – carried out in accordance with applicable law
and can be accounted for. These principles must be known and understood by investigators, public prosecutors
and judges so that electronic evidence can be presented in court properly.

14EFFECTIVE MEASURES TO DETECT CORRUPTION CASESFROM VARIOUS SOURCES IN THE STATE OF PALESTINE
Rasha Amarneh*

I. INTRODUCTION
Corruption is a transnational scourge, the impact of which extends beyond national borders, undermines
democracy and moral values, and jeopardizes sustainable development and the rule of law. The State ofPalestine became aware of the extent of the danger posed by corruption, which led to the adoption of theAnti-Corruption Law in 2010,1 which criminalizes acts of corruption and establishes a specialized body2
entrusted with the task of combating corruption by law enforcement through receiving, investigatingcomplaints and reports on suspicions of corruption, and referring cases with evidence of corruption for the
specialized corruption crimes prosecution. The law also entrusted the commission with tasks related to theprevention of corruption, raising awareness of its risks, and drawing up a general policy to combat it at thenational level in partnership with all components of society.
Complaints and reports that the commission receives about suspicions of corruption are among theimportant sources of information that enable the prosecution of those suspected of committing corruption
crimes. Although the law gives the commission the ability to initiate investigations and investigate suspected
corruption on its own, the largest percentage of information sources that enable the prosecution of suspected
corruption belong to whistle-blowers, whether they are individuals, institutions or regulatory bodies.
Accordingly, encouraging reporting of suspected corruption is one of the things that the commission has
worked to achieve since its establishment. And one of the means of encouraging reporting is the obligation
to provide protection for whistle-blowers and witnesses, in addition to the possibility of exempting theperpetrator of a corruption crime, or his/her accomplices, from criminal penalty if the perpetrator takes theinitiative to report the crime to the public authorities before its detection. The penalty is reduced by half ifthey cooperated during the investigation and after the crime was discovered. The perpetrators of the crimeor their accomplices will be exempted from a pecuniary punishment, provided that they refund the money
obtained from the crime.
In addition to the reports as the main source of information about corruption, cooperation between law
enforcement agencies, the access to data held by some official departments and asset declarations are
considered to be another source of information that may lead to more detection of corruption.
This paper will deal with the protection of witnesses and whistle-blowers according to Palestinian
legislation in its first axis, and in its second axis it will deal with the possibility of exemption from punishment
according to Palestinian legislation, and in the third and final axis, the paper will deal with the importance ofcooperation between the commission and law enforcement authorities and other authorities in detecting
corruption crimes and their perpetrators.

* Commissioner Advisor, Palestinian Anti-Corruption Commission.
1
Anti-Corruption Law No (1) 2005 as Amended, The original law, Law on Illicit Gain No (1) 2005, Amendment (1): Law-byDecree No (7) 2010 on amending the Illicit Gains Law No (1) 2005, Amendment (2): Law-by-Decree No (13) 2014 on amending
the Anti-Corruption Law No (1) 2005, Amendment (3): Law-by-Decree No (4) 2017 on amending the Anti-Corruption Law 2005
as amended, Amendment No (4): Law-by-Decree No (37) 2018.
2
Palestinian Anti-Corruption Commission (PACC).

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II. PROTECTION OF WHISTLE-BLOWERS AND
WITNESSES OF SUSPECTED CORRUPTION
The Anti-Corruption Commission receives complaints, reports and communications of corruption
allegations from individuals, institutions and oversight bodies, and it also receives anonymous reports. Reports
and complaints are received through: fax, email, PACC’s website, hotline (free phone number), PACC’s mobile
application and through personal attendance.3

Numbers of complaints and reports received during the year 2020 compared to previous years.4
According to the Law by Decree No. (7) of 2010 Amending the Law on Illicit Gain No. (1) for the year 2005,
in particular Article 18, the Commission must provide job and personal and legal protection for witnesses,
experts and whistle-blowers in corruption cases. Further, the law referred to a regulation (bylaw) preparedby the Commission and issued by the Council of Ministers determining the mechanisms and procedures for
granting this protection. From 2010 to 2019, the Commission has faced many obstacles to the implementationof its commitment to provide protection to various forms of whistle-blowers, witnesses and experts, which
are as follows:
1. The lack of provision for protection mechanisms in the law and the referral of protection mechanisms
to regulations issued by the Council of Ministers made it difficult to stipulate some mechanisms,
especially those related to concealing the identity of the witness or the reporter and the possibility ofholding court sessions via videoconferencing, because these provisions conflict with the Code of
Criminal Procedure.5
2. The law did not contain any of the provisions that entail penalties in the event of non-compliance with
the implementation of the protection decisions issued by PACC.
3. Protection did not include relatives of whistle-blowers, witnesses, experts, and persons closely related
to them in accordance with the requirements of Articles 32 and 33 of the United Nations Convention
against Corruption.
3

The increase of the number of complaints and reports since 2019 may return to the use of technologies that enabled thereporting of corruption through PACCs mobile application in the beginning of 2019, in addition to the adoption of whistleblowers protection regulations and the establishment of whistle-blowers and witness protection unit also in 2019.
4
The annual report of PACC for the year 2020, sited: https://www.pacc.ps/library/viewbook/30408.
5
Articles 84 and 235 of the criminal procedures law No(3) for the year 2001. http://muqtafi.birzeit.edu/en/Legislation/
GetLegFT.aspx?LegPath=2001&MID=13854

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PARTICIPANTS’ PAPERS
4. PACC faced difficulties related to providing job protection for workers in sectors covered by the law
other than the public sector, such as the private sector and local authorities, taking into considerationthat labour law does not include articles related to this kind of protection, and the employer has theright to dismiss workers in some cases.
To address these gaps and problems faced by the system of whistle-blower and witness protection, theCommission proposed an amendment to Article 18 of the law consistent with the requirements of articles 32
and 33 of the United Nations Convention against Corruption. This amendment was issued under Law by
Decree No. 37 of 2018, and the most important features of this amendment are as follows:
a- Expansion of protection to include relatives of the whistle-blower, witnesses, experts and persons
closely related to them.
b- Prescribing the mechanisms of protection represented in:- Providing them with protection in their places of residence;- Not disclosing information about their identity and whereabouts;- Giving their statements and testimonies through the use of modern communication techniques toensure their safety;- Protecting them in their places of work, and immunizing them from any discrimination, mistreatment,
any arbitrary action, or an administrative decision that changes their legal or administrative status
or detracts from their rights because of their testimonies, notification, or actions they haveundertaken to uncover corruption crimes;- Providing places to shelter them when necessary;- Taking any action or any necessary action to ensure their safety.
c- Imposing sanctions on any person who assaults or abuses a whistle-blower, witness or expert, becauseof what they have done to detect corruption or prevents them from giving testimony or from reportingon corruption, etc.6
d- The commission was allowed to disburse financial aid to whistle-blowers, witnesses and experts
determined in accordance with a regulation issued by the Council of Ministers.
This regulation to protect whistle-blowers, witnesses, informants and experts in corruption cases, theirrelatives and the persons close to them, No. (7) for the year 2019, has identified the scope of protected persons
to reach the relatives to the fourth degree, as well as persons close to them. It also stipulated the establishmentof a unit in the Commission for the protection of whistle-blowers and witnesses, specifying the proceduresfor submitting applications for protection and appeal, and cases of tightening or mitigating protection
measures, and their removal. The regulation also identifies the forms of protection, including functional, legal
and personal.
Accordingly, it can be said that the amendments introduced in the legislation regulating the protection ofwhistle-blowers, witnesses and experts in corruption crimes in Palestine worked to strengthen this system,
but what is required in this regard can be summarized as follows:-

Launching awareness campaigns on the protection system for whistle-blowers, witnesses andexperts, using all available means, to encourage people to report corruption with no fear of being
threatened;
Allocating sufficient budget to the Whistle-blowers and Witness Protection Unit;

6

Articles 25/5, 25/6. “5. A person who divulges information on the identity or whereabouts of witnesses, whistle-blowers, or
experts shall be punished with imprisonment for not less than six months and with a fine of not less than JOD (500) and not
more than JOD (10000).” “6. Without prejudice to any more severe punishment outlined in any other legislation, a person who
assaults whistle-blowers, witnesses or experts due to their work in revealing corruption, ill-treats them, discriminates againstthem in work or prevents them from testifying or report corruption, shall be punished with imprisonment for not less than
one year and with a fine of not less than JOD (500). In case force is used, or there is a threat with firearms or any othermeans of intimidation, imprisonment shall be for not less than two years and a fine of not less than JOD (500) and not morethan JOD (10000).”

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Activating some of the mechanisms mentioned in the law, especially those related to the possibilityof using technology to hear the testimonies of witnesses in corruption crimes, and the possibility ofconcealing their identities, especially during the trial, as these texts are not activated yet;
Launching of an official annual prize for whistle-blowers on corruption crimes;
Raising the capabilities of workers in the Whistle-blower and Witness Protection Unit.

III. EXEMPTION OR COMMUTATION OF PUNISHMENTFOR COLLABORATORS ACCUSED OF
CORRUPTION CRIME AND THEIR ACCOMPLICESThe United Nations Convention against Corruption calls on States parties, in Article 37, to take appropriate
measures to encourage persons who participate or have participated in the commission of an act of corruption
established under the Convention to provide useful information to the competent authorities for investigationand evidentiary purposes, and to provide assistance that may contribute to depriving offenders of theproceeds of crime and recovering those proceeds, and also calls for consideration of the possibility of
mitigating the penalty for the accused who provides substantial assistance in the investigation or prosecutionof an act criminalized under the Convention.
The amended Anti-Corruption Law in Palestine, in paragraph (3) of Article 25 thereof, dealt with provisions
that are consistent with the requirements of the United Nations Convention against Corruption, referred toabove, for the crime before its detection, and for the money obtained from it, provided that he returns themoney obtained. This case assumes that none of the public authorities have prior knowledge of the crime,
and that they have not undertaken any of the investigation, criminal or even administrative procedures, as
the author believes that the existence of an administrative investigation with any of the institutions denies
the possibility of benefiting from the exemption from punishment.
The same paragraph of Article (25) of the amended Anti-Corruption Law also deals with the possibilityof reducing the penalty by half and exempting the perpetrator or his/her accomplice from the fine if he/shehelps the investigation authorities to discover the crime and its perpetrators.
In this regard, it should be noted that the Palestinian legal system does not allow reconciliation incorruption crimes, as every crime results in the state’s right to punish its perpetrator, and the state’s meansfor enforcing this right is the criminal case, and the Public Prosecution, as an investigative authority, is the
body entrusted with practicing those procedures. However, this does not mean that the public lawsuit
belongs to the Public Prosecution, but rather it is the right of the social body. As for the Public Prosecution,
it is only its agent in using it. And it has no right to waive it, leave it, disrupt its functioning, or reconcile it,
unless permitted by law. This principle was referred to in the Palestinian Code of Criminal Procedures in its
first article, which states that the Public Prosecution shall have the exclusive jurisdiction to initiate andconduct criminal cases, and it shall not be instituted by others except in the cases specified in the law andthat the case may not be suspended, waived, abandoned, or obstructed, nor reconciled except in the cases
mentioned in the law".
In Article (16), the Palestinian legislature permitted reconciliation in violations and misdemeanours
punishable by a fine only. 7 The legislature differentiates the parties that are entitled to offer reconciliationaccording to the type of crime. In violations, the competent judicial officer, when drafting the report, presents
the reconciliation to the accused or his representative, and this is evidenced in his report. As for the offer ofreconciliation in misdemeanours, it is for the Public Prosecution. Reconciliation shall be in accordance with
Palestinian legislation by paying an amount equal to a quarter of the maximum fine prescribed for the crime,or its minimum value, if any, whichever is less, provided that the payment shall be within fifteen days from

7

Article 16 of the Code of Criminal Procedure No. (3) for the year 2001 that "may be reconciled in offenses materials andmisdemeanours punishable by a fine only, and the warden control the judicial competent when editing the record thatthe reconciliation presented to the accused or his agent in the offenses and prove it in His presence, and be introduced toreconcile misdemeanours from the public prosecution.

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PARTICIPANTS’ PAPERS
the day following the acceptance of the reconciliation.8 The payment of the settlement amount entails the
expiration of the penal lawsuit without having any effect on the civil lawsuit.
Based on the foregoing, and since the crime of corruption is one for which it is not permissible toreconcile, as it imposes penalties other than a fine, and since the Palestinian Anti-Corruption Law is devoidof any provision that permits reconciliation, there is no room for the system of reconciliation in the crime ofcorruption in Palestine. The implementation of this system in Palestine is either by amending the text ofArticle (16) of the Code of Criminal Procedure so that it is one of the crimes in which reconciliation ispermissible, or by finding a special text in the anti-corruption law that allows reconciliation for the crime ofillicit enrichment, or corruption crimes in general, so the text specific to these crimes is restricted to thegeneral text contained in the Code of Criminal Procedure.
In this regard, there is a debate in Palestine whether to have legal provisions to establish a reconciliation
system in corruption cases or to stick with the possibility of the exemption or reduction of punishment. Most
Palestinians are against any measures that are considered as tolerant of corrupt persons, even if it resulted
in the recovery of stolen assets.

IV. COOPERATION BETWEEN THE AUTHORITIES AND
LAW ENFORCEMENT INSTITUTIONS AND
THE EXCHANGE OF INFORMATION TO
ENHANCE THE DETECTION OF CORRUPTION
A. Cooperation with Security Agencies
The exchange of information between law enforcement agencies, and in particular between each of theAnti-Corruption Authorities as a special judicial control body empowered to investigate and infer suspicionsof corruption and the security services authorized as a public judicial control body to investigate crimes ingeneral, is of great importance for crime detection and cooperation in the investigation process. Cooperation
between the two sides enables the concerted efforts available to both of them and the optimal use of human,material and technical resources in a way that enhances investigations. In this regard, the State of Palestine
has a particularly good experience, as the commission worked on concluding memorandums of understanding
with the Palestinian Police, the Preventive Security Service, the Military Intelligence and the Intelligence,
according to which information related to suspected corruption, including corruption committed by membersof these organizations, is exchanged. The devices, as well as the memorandums of understanding, allow them
to benefit from the capabilities of the criminal investigation laboratory in the police in investigations related
to suspicions of corruption. This cooperation has resulted in several positive outcomes:-

The commission can now use the agencies as part of its investigations into suspicions of corruption(joint investigations);
The authority was allowed to benefit from the technical expertise available in the criminal investigationlaboratory at the police, especially in the work of matching and detecting forgery;
The agencies committed themselves to referring the files available to them regarding corruption
crimes to the Commission as a special judicial control body, including those committed by members ofthese agencies, and not only disciplinary accountability.

Enhancing cooperation with law enforcement agencies, arrangements were made for the secondment ofa member of each law enforcement agency to work with the PACC.9 These officials became the focal point
between PACC and their agencies.
B. Cooperation with the Financial Follow-up Unit
The Financial Follow-up Unit was established by virtue of a decision of the Anti-Money Laundering andTerrorist Financing Law No. (20) for the year 2015 and its amendments, as an independent unit, and the unit
aims to combat the crime of money-laundering and terrorist financing, protect the national economy from
8
9

Article 17 of the Code of Criminal Procedure of the Palestinian No. (3) for the year 2002.
They work as an operation team helping investigators and are located in PACC.

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the negative effects of these two crimes, raise the level of systems and procedures for combating moneylaundering and terrorist financing in Palestine, and activate local cooperation frameworks with all thecompetent authorities, and the unit works on implementation. The objectives are approved by the National
Committee for Combating Money Laundering and Terrorism Financing, which in turn draws up policies
aimed at combating these two crimes at the local and international levels.
In this regard, the cooperation between the Anti-Corruption Commission and the Financial Follow-up
Unit is of a high degree of importance, as the Palestinian law considers laundering the proceeds from
corruption crimes a form of corruption crime, and tracking money and financial information that can be usedin the expertise of the Follow-up Unit Finance would help in revealing the original crime represented by oneof the corruption crimes, as it would reveal all the participants in the crime, including natural and legal
persons.
A memorandum of understanding was signed between the Corruption Crimes Prosecution and the
Financial Follow-up Unit, according to which the relationship between the two parties was organized,
enabling the Commission, through the Corruption Crimes Prosecution, to use the expertise of the Financial
Follow-up Unit to prepare and analyse suspicion reports in a way that enhances financial investigations into
suspicions of corruption.
C. The Importance of Accessing Some Public Records to Enhance the Investigation of Suspicions ofCorruption, Especially the Crime of Illicit Gain
The data kept in some public records, such as the civil registry with the Ministry of Interior, the vehicle
registry with the Ministry of Transport and Communications, the property registry with the Land Authority
and the Property Tax Department, in addition to the companies registry with the Ministry of Economy andNational and other records are of very great importance when investigating corruption crimes, especially ofgain, as the investigation and investigation procedures in this crime are based on comparing the wealth andproperty of the suspect in the crime of illicit gain with his legal income declared in the financial disclosurestatements submitted by him/her and kept with the Commission Combating corruption. If investigations
prove an unjustified increase in the suspect’s wealth, or the wealth of his/her spouse and minor children, thatis not commensurate with their legal and authorized income, and he/she is unable to justify this increase
with a legitimate source, he/she is presumed to have committed the crime of illicit gain.10
During the past two years, the commission has succeeded in obtaining the mentioned records throughthe ability to access all the required data directly and electronically.

10

Article 1 of the anti-corruption law defines “Illicit gain: Anything acquired by a person who is subject to the provisions of
this law for himself or for others due to the exploitation of office or status. Any increase in wealth after assuming office or
the existence of status of a person who is subject to the provisions of this law, his spouse or minor children when it is notproportional to their incomes and fails to prove the legitimate source.”

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MUTUAL LEGAL ASSISTANCE FOR THE PURPOSE OF ASSETCONFISCATION AND ASSET RECOVERY
Saffiatou Nyang*

I. INTRODUCTIONIn December 2016, The Gambia conducted the most important election in its history – the election that
put an end to the 22-year dictatorial regime of former President Jammeh. A new President was sworn into
office on 19 January 2017. Preliminary investigations carried out by the Financial Investigations Unit (FIU)
and the Police, revealed evidence of massive corruption. This culminated in the establishment of a Commissionof Inquiry. The Commission revealed serious financial mismanagement, abuse of office and corrupt practices.

II. LEGAL FRAMEWORKThe Gambia is a dualist state: therefore, international treaties and other international instruments are notlegally enforceable unless domesticated. The sources of laws in The Gambia, as provided for in the 1997
Constitution, do not include international law (treaties, conventions, protocols etc.).  In 2012, an attempt wasmade to domesticate the United Nations Convention Against Corruption (UNCAC) by enacting the AntiCorruption Commission Act, 2012. However, the Act falls short of acceptable international standards andbest practices. For example, the Anti-Corruption Commission provided for in the Act is not given power toprosecute cases. Furthermore, the government did not take steps to establish the Commission. The newadministration that took power in 2017 included anti-corruption efforts as part of its legislative agenda, andthere is currently an elaborate Anti-Corruption Bill before the National Assembly (parliament). There havenot been any criminal prosecutions under the Anti-Corruption Act 2012 due to the nature of the Act.
The Gambia does not currently have a domestic law that governs MLA. Therefore, we resort to bilateraland multilateral agreements, conventions and the principle of reciprocity to which we are signatories. The
Drafting Department at the Ministry of Justice is currently working towards an MLA Bill that will regulate
MLA in The Gambia. The Bill provides for mutual assistance between The Gambia and other countries in aquest to improve the prevention, investigation and prosecution of crime through cooperation and mutual
assistance in criminal matters.

III. CASE STUDIESThe Government of The Gambia relied on MLA in order to trace and subsequently obtain a freezingorder in respect of a property in the United States that was obtained through proceeds of bribery and abuse
of office. The Commission of Inquiry that was established to investigate the corrupt practices of former
President Jammeh revealed that monies were paid into an account belonging to the former president bybusinessmen that wanted to secure government contracts. These proceeds were then transferred to the US,
and a property was purchased. The FIU was able to trace the transactions, and the local bank involved was
summoned to produce all transactions relating to the account. This information was provided to the US
government, and they were able to assist through MLA.  A freezing order was obtained by US officials, andthe property was frozen. In 2020, the US Department of Justice filed a civil forfeiture complaint seeking theforfeiture of the property. In September 2021, a Court in Maryland granted the application, and the property* State Counsel, Criminal Division, Ministry of Justice, Republic of The Gambia.

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was forfeited.
However, cases are not always as straightforward as the above case. We have had cases wherein MLA
was hindered because the receiving country’s procedures are not followed to the letter.   An instance
happened where a team of investigators went to Senegal to request information on a former Military Generaland close associate of former President Jammeh. The Senegalese authorities were reluctant to provide
assistance because a Commission Rogatoire was not sent. Senegalese procedure required that a Commission
Rogatoire be sent, and based on that the relevant authorities would be instructed to provide the information.
The Central Authority had to start the process afresh. This delayed the process, and the Commission ofInquiry could not get adequate information in relation to this General.
This is the major hurdle with MLA, especially when the other country is not willing to use its resources
to assist the requesting country. At times, language barriers come into play or different legal systems.
Countries operating in the Common law system are very different from the Civil system.

IV. THE WAY FORWARD
The Gambia recently emerged from a 22-year dictatorial regime and is currently on a transitional justiceprogramme. There was no political will to tackle and fight corruption. However, since the change ofadministration, steps are being taken to create a robust legal regime that will fight corruption. The Anticorruption Bill is drafted in line with international best practices. The Anti-Corruption Commission, once
established, will be an independent entity that will have the authority to investigate and prosecute corruption
cases. The law on MLA is also being developed. There is a series of other legislation.

V. CONCLUSIONThe Gambia has benefitted from MLA, but there is still a need to strengthen cooperation with othercountries. We also need to improve our local capacity, particularly the Police and the Financial Investigations
Unit. This will enable us to catch up with the new digital trends.

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PART TWORESOURCE MATERIAL SERIES
No. 113Work Product of the 175thInternational Training Course

UNAFEIREPORT OF THE COURSE
UNAFEI’s 175th International Training Course (Online)“Treatment of Women Offenders”
1. Duration and Participants
From 26 October to 11 November 2021
21 overseas participants from 11 jurisdictions
2. Programme Overview
This programme focused on the treatment of women offenders, aiming to enhance knowledge andunderstanding on gender-responsive offender treatment in the community and in prisons by taking into
account the gender-specific needs of women offenders. Due to the Covid-19 pandemic, the programme wasconducted online. To account for the time differences and work duties of each participant, the participants
were divided into two groups, and each group had live Q&A sessions with the lecturers, discussions andindividual presentations online. The participants were also provided a virtual conference room and chat room
through which they were able to communicate with the UNAFEI faculty and staff members as well as theircolleagues in real time.
3. Lecturers(1) Lectures
Lectures were video-recorded in advance, and the participants watched them on-demand. They submitted
questions to the lecturers online in advance of the live Q&A sessions with the lecturers. Lectures were given
by an expert from the United States, ad hoc lecturers from Japan and a UNAFEI faculty member:• Expert from the USA- Dr. Stephanie S. Covington (Co-Director, Institute for Relational Development and Co-Director,
Center for Gender & Justice)“Gendered Justice: Creating Services for Women”• Ad hoc lecturers- Ms. KAMIOKA Harue (Founder of the Women’s Drug Addiction Rehabilitation Center “DARC”)“Mother-child Support Programme for Women with Drug Use Disorders and Their Kids”“Outcomes of Interviews with Women with Lived Experiences of Addiction and Their Children”- Ms. KINOSHITA Toshimi (President of the women’s halfway house “Ryozenkai”)“Halfway House (Rehabilitation Facility) ‘Ryozenkai’”- Ms. ODAGIRI Mari (Chief of the Sendai Regional Correction Headquarters)“Characteristics of Women’s Correctional Institutions – Challenges and Solutions”
In addition, Professor TAKAI Ayaka from UNAFEI provided a lecture on “Supervision of Female Clientsin Community Settings in Japan”.
(2) Q&A Sessions with the Lecturers
The Q&A session with Dr. Covington helped deepen the participants’ understanding on the theoreticalbackground and scientific evidence that support the idea of gender-responsive offender treatment, while the
Q&A session with the Japanese lecturers focused on the practical aspects of effective gender-responsive
offender treatment in the community and prison settings. During the Q&A session with Dr. Covington, theparticipants were divided into two breakout rooms to discuss and propose a plan to put into practice the
Guiding Principles for Gender-Responsive Services recommended by Dr. Covington in her lecture. Eachgroup presented the outcomes of their discussions and was given feedback by Dr. Covington.
(3) Action Plans
At the end of the programme, participants were required to make and present their action plans toimprove the treatment of women offenders in each jurisdiction based on what they had learned throughout
the programme. It was obvious from the Action Plans presented by the participants that everyone remarkably
enhanced their understanding on gender-responsive offender treatment and was eager to put their plans into
practice in their jurisdictions, and a lot of interesting ideas were proposed to achieve gender-responsive
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RESOURCE MATERIAL SERIES No. 113
offender treatment.
4. Feedback from the Participants
We received a lot of positive feedback from the participants, such as, “This was the first time to learn
about the concept of ‘gender-responsiveness’” and “It was a great experience to share our practices withother participants”. There were also many requests for in-person training and follow-up training. We are surethat all the participants will make the most of what they have learned throughout the programme, anddespite the inability to meet in person, it was worth providing the opportunity to learn from each other
online.
5. Comments from the Programming Officer (Professor SASAKI Ayako)
The concept of gender-responsive offender treatment and its practical application is relatively new in thelong history of corrections in Japan, and while it seemed to be alien to the participants at the beginning of
this programme, we saw that women offenders in every jurisdiction share many similar issues in areas suchas drug addiction, traumatic experiences, intimate relationship violence and abuse, and parental responsibilities.
It was also clear that the participants had been aware of those issues in their daily duties of treating women
offenders and that the concept of gender responsiveness provided the participants with a theoreticalframework and scientific approach that would be useful in practice. The course also enabled the participants
to share a lot of suggestions on how to effectively handle practical issues. During the programme, I was
pleased to hear from some participants that they had already shared with their colleagues the knowledge
they gained through this programme, and I am confident that the outcomes of this programme will contributeto the development of treatment of women offenders in their respective jurisdictions.

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VISITING EXPERT’S PAPER
THE GENDER-RESPONSIVE APPROACH
Dr. Stephanie Covington*

Gender-responsive means creating an environment through site selection, staff selection, programme
development, content and material that reflects an understanding of the realities of women’s lives andaddresses their strengths and challenges.

I. GUIDING PRINCIPLES AND STRATEGIESFOR EFFECTIVE SYSTEM CHANGE1
The following research-based principles and strategies have been incorporated into strategic plans, aswell as state, national, and international criminal justice standards. They have been widely accepted by thescientific, policy and practice fields and provide a new vision for promoting best practices for justice-involved
women.
Guiding Principle 1: Acknowledge That Gender Makes a Difference
The foremost principle in responding appropriately to women offenders is to acknowledge the implicationsof gender throughout the criminal justice system. The criminal justice field purports to provide equal
treatment to everyone. However, this does not mean that the same treatment is appropriate for both womenand men.
Strategies• Allocate both human and financial resources to create women-catered services.
• Designate a high-level administrative position for oversight of management, supervision and services
for women offenders.
• Recruit and train personnel and volunteers who have both the interest and the qualifications needed
for working with women under criminal justice supervision.
• Begin with gender-responsive assessment tools.
Guiding Principle 2: Create an Environment Based on Safety, Respect, and Dignity
Research from a range of disciplines (e.g., health, mental health and addiction treatment) has shown thatsafety, respect and dignity are fundamental to behavioural change. To improve behavioural outcomes for
women, it is critical to provide a safe and supportive setting for all services.
Strategies• Conduct a comprehensive review of the institutional or community environment in which women aresupervised to provide an ongoing assessment of the current culture.
• Develop policy that reflects an understanding of the importance of emotional and physical safety.
• Establish protocols for reporting and investigating claims of misconduct.
• Understand the effects of childhood trauma to avoid further traumatization.
Guiding Principle 3: Develop Policies, Practice and Programmes that are Relational and Promote
Healthy Connections to Children, Family, Significant Others and the Community
Understanding the role of relationships in women’s lives is fundamental because connections and relationships* Co-Director, Institute for Relational Development and Co-Director, Center for Gender and Justice, California, United Statesof America.
1
Bloom, B., Owen, B., and Covington, S. (2003). Gender-responsive strategies: Research, practice and guiding principles for
women offenders (Report). National Institute of Corrections.

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RESOURCE MATERIAL SERIES No. 113
to children, family, significant others and the community are important threads throughout the lives ofwomen in the justice system.
Strategies• Develop training for all staff and administrators in which relationship issues are a core theme. Suchtraining should include the importance of relationships, staff-client relationships, professional boundaries,
communication and the mother-child relationship.
• Examine all mother and child programming through the eyes of the child (e.g., child-catered environment,
context), and enhance the mother/child connection and the connections of the mother to childcaregivers and other family members.
• Promote supportive relationships among women offenders.
• Develop community and peer-support networks.
Guiding Principle 4: Address Substance Use Disorders, Trauma and Mental Health Issues throughComprehensive, Integrated and Culturally Relevant Services and Appropriate Supervision
Substance use disorders, trauma and mental health are three critical, interrelated issues in the lives ofwomen offenders. These issues have a major impact on both women’s programming needs and successful
re-entry. Although they are therapeutically linked, these issues have historically been treated separately.
One of the most important developments in health care over the past several decades is the recognition thata substantial proportion of women have a history of serious traumatic experiences that play a vital and often
unrecognized role in the evolution of a woman’s physical and mental health problems.
Strategies• Service providers need to be cross-trained in three primary issues: substance use disorders, trauma,
and mental health.
• Resources, including skilled personnel, must be allocated.
• The environment in which services are provided must be closely monitored to ensure the emotional
and physical safety of the women being served.
Guiding Principle 5: Provide Women with Opportunities to Improve their Socioeconomic Conditions
Generally, justice-involved women are underemployed or unemployed, work fewer hours than men, makeless per hour than men, and are often employed in temporary, low-level occupations with little chance foradvancement. Criminal behaviour by women is closely tied to their socioeconomic status, and rehabilitation
often depends on their ability to become financially independent.
Strategies• Allocate resources within both community and institutional correctional programmes for comprehensive,
integrated services that focus on the economic, social and treatment needs of women.
• Ensure that women leave prison or jail with provisions for short-term emergency services (e.g.,
subsistence, lodging, food, transportation and clothing).
• Provide traditional and non-traditional training, education and skill-enhancing opportunities to assist
women in earning a living wage.
Guiding Principle 6: Establish a System of Community Supervision and Re-entry with Comprehensive,
Collaborative Services
Women face specific challenges as they re-enter the community from jail or prison, and women on probation
also face challenges in their communities. In addition to the stigma of being formerly incarcerated, they may
carry additional burdens such as single motherhood; low income and limited employment prospects; theabsence of services and programmes targeted for women; responsibilities to multiple agencies; and a generallack of community support.
Strategies• Create an individualized support plan and wrap the necessary resources around the woman and herchildren.
• Develop a “one-stop shopping” approach to community services, with the primary service provider
also facilitating access to other needed services.
• Use a coordinated case management model for community supervision and programming.
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VISITING EXPERT’S PAPER

II. UNDERSTANDING TRAUMA:A CRITICAL COMPONENT IN WOMEN’S SERVICES
The majority of women who interface with the criminal justice system – including prisons, jails andcommunity corrections – have been exposed to traumatic events across the life-course. However, institutional
confinement is intended to house perpetrators and not victims and may not acknowledge or recognize thatthe women involved in the criminal justice system are often victims before they were “offenders” or“victimizers,” or that hurt people often hurt others. There are three levels of work when working on trauma
in a criminal justice setting. A criminal justice system provides appropriate services when it incorporates all
three levels.2
Trauma Informed work (what is known): doing trauma informed work means having knowledge about
adversity and trauma and its effects on individuals, communities and society more generally. All staff
members in correctional settings need to understand the process of trauma and its link to mental healthproblems, substance use disorders, behavioural challenges and physical health problems in women’s lives.
Staff members also need to understand how childhood experiences of trauma affect brain development andhow individuals may be affected by and cope with trauma and victimization.
Trauma Responsive work (what is done): being trauma responsive involves ensuring that there arepolicies and practices in place to minimize damage and maximize opportunities for healthy growth anddevelopment in all populations at risk. It also involves the creation of an environment for healing andrecovery. After becoming trauma informed, a custodial or community-based criminal justice setting or
programme needs to become trauma responsive by reviewing policies and practices in order to incorporate
this information into all operational practices. This involves all administration and staff members and in most,
if not all, facilities to create a culture change.
Trauma Specific work (what is provided): here, services are designed to specifically address violence andtrauma, the related symptoms and to facilitate healing and recovery. To become trauma specific, custodial
settings (and community programmes) for women provide therapeutic approaches that focus on trauma.

III. FIVE CORE VALUES FOR TRAUMA-INFORMED
AND TRAUMA-RESPONSIVE SERVICES3
Incorporating the following values into the criminal justice system is essential for Guiding Principle #2
above.
SafetyBecause trauma inherently involves a physical or emotional threat to one’s sense of self, survivors are
attuned to signals of possible danger. It is essential for organizations to prioritize safety as a guiding principle
and become more hospitable for trauma survivors and avoid inadvertently re-traumatizing people.
Examples:• Eye contact; consistency; explanations; procedure to report abuse“How can services be modified to ensure physical and emotional safety more effectively and consistently?”
Trustworthiness
Survivors of trauma experience a violation of boundaries resulting in a justified inability to trust others;
especially those in power and authority. Service providers are often surprised when clients exhibit behaviour
2

Covington, S., & Bloom, S. (2018). Moving from trauma-informed to trauma responsive: A training program for organizationalchange. Hazelden.
3Harris, M. and Fallot, R.D. (2021). Using trauma theory to design service systems. Jossey-Bass, A Wiley Imprint; Covington, S. (inpress). Creating a trauma-informed justice system for women. In L. Gelsthorpe & S. Brown (Eds.). Wiley handbook on whatworks with female offenders?: A critical review of theory, practice, and policy. John Wiley & Sons.

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RESOURCE MATERIAL SERIES No. 113
that indicates they do not trust systems of care.
Examples:• Following through; model trust; maintaining appropriate boundaries; and making tasks clear“How can services be modified to earn the trust of those seeking services by ensuring task clarity, andconsistent staff-client boundaries?”
ChoiceTrauma occurs because actions to prevent or escape the traumatic event are of “no avail.” The element ofchoice has been stripped away from the victim/survivor. Survivors are left with the belief that their choices
and preferences are of no importance, particularly to those in power.
Examples:• Emphasizing individual choice and control; informed consent“How can services be modified to ensure that experiences of choice and control are maximized?”
Collaboration
Collaboration and choice are closely related. However, without collaboration, choice loses its power.
Maximizing choice generally means expanding the number and kinds of options available. Collaborationrefers to shared decision-making about both the options to be offered and about how to implement plans.
Examples:• Solicit input; acknowledge insights about themselves; explain options“How can services be modified to ensure that collaboration and power sharing are maximized?”
Empowerment
In the context of trauma, people often feel powerless, “done to,” hidden, invalidated, minimized and muchmore. Therefore, services need to find ways to increase and maximize experiences and opportunities formastery and agency. Trauma creates a sense of powerlessness, and the antidote is feeling empowered.
Examples• Teaching skills; provide tasks where a person can succeed“How can services be modified to ensure that experiences of empowerment and the development orenhancement of skills are maximized?”

IV. PROGRAMMING FOR WOMEN
Helping Women Recover: A Program for Treating Addiction4 has a specific edition for women withcriminal justice involvement. It addresses substance use disorders by integrating theories of women’s
psychological development, trauma and addiction. The comprehensive, twenty-session curriculum contains
four modules that address the areas that women in treatment identify as triggers for relapse: self, relationships,
sexuality and spirituality. They include the issues of self-esteem, sexism, family of origin, relationships,
domestic violence and trauma. The user-friendly and self-instructive materials are a step-by-step facilitator’s
guide and a participant’s journal, entitled A Woman’s Journal, that is filled with self-tests, checklists andexercises to enable each participant to create a personalized guide to recovery.
•

4
5

One research project examined Helping Women Recover through a randomized experimental study
with incarcerated women in either the Helping Women Recover programme or a standard prisonbased therapeutic community for substance abuse treatment. Women who received Helping Women
Recover had improved psychological well-being, greater reductions in drug use, greater likelihoods ofstaying in aftercare after release from prison, and lower odds of recidivism than those who received
standard, non-gender-responsive programming.5

Covington, S. S. (1999, revised 2008, 2019). Helping women recover: A program for treating addiction. Jossey-Bass.
Messina, N., Grella, C. E., Cartier, J. and Torres, S. (2010). A randomized experimental study of gender-responsive substance30

VISITING EXPERT’S PAPER
Beyond Trauma: A Healing Journey for Women6 is a 12- session programme that uses psycho-educational,
cognitive-behavioural, expressive arts, mindfulness, body-oriented exercises (including yoga) and relational
therapeutic approaches to help women develop coping skills and emotional wellness. This programme
incorporates the insights of neuroscience with the latest understanding of trauma and PTSD. Each session
has also been adapted for girls. The evidence-based materials are designed for trauma treatment, although
the connection between trauma and addiction in women’s lives is a primary theme throughout. The Beyond
Trauma programme materials include a facilitator’s guide, a participant’s workbook entitled A Healing
Journey, and three DVDs (2 for facilitator training and 1 for clients).
One study evaluating the effectiveness of Helping Women Recover and Beyond Trauma showed thatparticipants had reductions in PTSD and depression symptoms.7• The above study had a sample of women in residential substance use disorder treatment, of which half
were mandated to treatment (mainly through the criminal justice system). A majority of the women(99% at the end of treatment and 97% at the 6-month follow-up point) reported no involvement incriminal activities.8• A study in a randomized control trial of women involved in drug courts showed that women’s
involvement in these programmes was significantly connected to improved well-being, low rates ofrearrest, high levels of participation in treatment and reductions in PTSD symptoms.9•

Beyond Violence: A Prevention Program for Criminal Justice-Involved Women10 is an evidence-based
curriculum for women in criminal justice settings (jails, prisons and community corrections) who havehistories of aggression and/or violence. This group-based model of violence prevention considers the complex
interplay between individual, relationship, community and societal factors. It deals with the violence andtrauma they have experienced, as well as the violence they may have perpetrated. This four-level model ofviolence prevention considers the complex interplay between individual, relationship, community and societal
factors. It addresses the factors that put people at risk for experiencing and/or perpetrating violence. Thismodel is used by the Centers for Disease Control and Prevention (CDC), World Health Organization (WHO),and was used in the Prison Rape Elimination Act (PREA) research on women in prison. This is a 20 session(40 hour) intervention that consists of a facilitator guide, participant workbook and DVD.
•

Researchers (in a mid-western state) studied the programme’s feasibility and fidelity,11 short- and longterm outcomes,12 and outcomes with specific populations13 and found consistently positive results oflowered mental health symptoms and low recidivism rates for women who completed the programme.

•

The programme has also been tested in two California women’s prisons, and similar positive results
have been found, with medium to high effect sizes for women who are serving long or life sentences.14

abuse treatment for women in prison. Journal of Substance Abuse Treatment, 38(2), 97–107.
6
Covington, S. S. (2003, revised 2016). Beyond trauma: A healing journey for women. Hazelden Publishing Company.
7
Covington, S. S., Burke, C., Keaton, S. and Norcott, C. (2008). Evaluation of a trauma-informed and gender-responsive
intervention for women in drug treatment. Journal of Psychoactive Drugs, 40 (Supplement 5), 387–398.
8
Covington, S. S., Burke, C., Keaton, S. and Norcott, C. (2008). Evaluation of a trauma-informed and gender-responsive
intervention for women in drug treatment. Journal of Psychoactive Drugs, 40 (Supplement 5), 387–398.
9
Messina, N., Calhoun, S. and Warda, U. (2012). Gender-responsive drug court treatment: A randomized controlled trial.
Criminal Justice and Behavior, 39(12), 1539–1558.
10
Covington, S. S. (2013). Beyond violence: A prevention program for criminal justice-involved women. John Wiley & Sons.
11
Kubiak, S. P., Fedock, G., Tillander, E., Kim, W. J. and Bybee, D. (2014). Assessing the feasibility and fidelity of anintervention for women with violent offenses. Evaluation and Program Planning, 42, 1–10.
12Kubiak, S. P., Fedock, G., Kim, W. J. and Bybee, D. (2016). Long-term outcomes of a RCT intervention study for womenwith violent crimes. Journal of the Society for Social Work and Research, 7(4), 661–676; Kubiak, S. P., Kim, W. J., Fedock, G.
and Bybee, D. (2012). Assessing short-term outcomes of an intervention for women convicted of violent crimes. Journal of theSociety for Social Work and Research, 3(3), 197–212.
13
Fedock, G., Kubiak, S. and Bybee, D. (2017). Testing a new intervention with incarcerated women serving life sentences.
Research on Social Work Practice. DOI:1049731517700272; Kubiak, S. P., Fedock, G., Tillander, E., Kim, W. J. and Bybee, D. (2014).
Assessing the feasibility and fidelity of an intervention for women with violent offenses. Evaluation and Program Planning,
42, 1–10.
14
Messina, N., Braithwaite, J., Calhoun, S. and Kubiak, S.P. (2016). Examination of a violence prevention program for female
offenders. Violence and Gender Journal, 3(3), 143–149.

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RESOURCE MATERIAL SERIES No. 113•

In addition, significant reductions were found in PTSD, anxiety, serious mental illness symptoms, andanger and aggression in women serving time for violent offences. These groups were tested using
peer educators (i.e., incarcerated women serving life sentences) to deliver the intervention.15

Healing Trauma16 is an adaptation and abbreviation of Beyond Trauma. It is particularly designed forsettings requiring a shorter intervention, such as short-term addiction treatment, domestic violence agencies,
sexual assault services and jails. This six-session intervention is designed for women who have been abused.
There is introductory material on trauma for the facilitator and detailed instructions (specific lesson plans)
for the group sessions. The session topics include the process of trauma, power and abuse, grounding andself-soothing techniques, and healthy relationships. There is a strong emphasis on grounding skills and focus
on the three core elements that both staff and clients need to know: an understanding of what trauma is, its
process and its effect on both the inner self (thoughts, feelings, beliefs and values) and the outer self (behaviour
and relationships). The facilitator guide and workbook (in English and Spanish) are on a flash drive for easeof duplication.
•

Results from over 1,000 participants have shown significant positive post-intervention changes. There
were decreases in anxiety, depression, PTSD, serious mental illness and aggression. There were also
increases in social connectedness and emotional regulation.17•

A similar research project in a Secure Housing Unit in the California Department of Corrections andRehabilitation found similar significant positive post-interventions. There were decreases in anxiety,depression, PTSD, serious mental illness and aggression as well as increases in social connectedness
and emotional regulation.18•

A research project in the women’s prisons in England found a decrease in anxiety, depression, PTSD,
psychical distress, dissociation and sleep disturbances.19

The new third edition of Healing Trauma is now entitled Healing Trauma+: A Brief Intervention for
Women and Gender-Diverse People in order to reflect the changes in this new edition. The definition ofgender responsive has been expanded to include the experiences of transgender and non-binary people.
Additional information on these programmes as well as additional programme materials can be found on
the websites www.centerforgenderandjustice.org and www.stephaniecovington.com (see the “Bookstore”
tab). Additional current research can be found on the websites www.centerforgenderandjustice.org andwww.stephaniecovington.com (see the “Research” tab).

15

Covington, S. S. and Fedock, G. (2015). Beyond violence: Women in prison find meaning, hope, and healing. In Trauma
Matters, Fall. Hamden, CT: Connecticut Women’s Consortium and the Connecticut Department of Mental Health andAddiction Services in support of the Connecticut Trauma Initiative, p. 1.
16
Covington, S. S. and Russo, E. (2011, revised 2016, 2021). Healing trauma+: A Brief intervention for women and genderdiverse people. Hazelden Publishing.
17
Messina, N., Zwart, E., and Calhoun, S. (2020). Efficacy of a trauma intervention for women in a security housing unit.
ARCH Women Health Care Volume 3(3): 1-9.
18
Messina, N. & Calhoun, S. (June 30, 2019). Healing trauma: A brief intervention for women. SHU evaluation findings (Report
Contract C5607040). California Department of Corrections and Rehabilitation; Gajewski-Nemes, J. and Messina, N. (2021).
Exploring and healing invisible wounds: Perceptions of trauma-specific treatment from incarcerated men and women. Journalof Trauma & Treatment, 10: 471; Messina, N. & Schepps, M. (2021). Opening the proverbial “can of worms” on trauma–
specific treatment in prison: The association of ACEs to treatment outcomes.” Clinical Psychology & Psychotherapy, 28.
19
Petrillo, M. (June 2019). Healing trauma evaluation executive summary. One Small Thing; Petrillo, M. (February 2021). We’ve
all got a big story: Experiences of a trauma-informed intervention in prison. Howard Journal of Crime and Justice, pp, 1-19.
DOI: 10.1111/hojo.12408.

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PARTICIPANTS’ PAPERS
IMPLEMENTING GENDER-RESPONSIVE PRACTICES TOREHABILITATE AND SUPPORT COMMUNITY REINTEGRATION OF
WOMEN OFFENDERS IN SINGAPORE
Nur Asyikin Hamzah*This paper outlines Singapore’s efforts to implement gender-responsive practices to rehabilitate andsupport community reintegration for women offenders.

I. BACKGROUND
Singapore is an island city-state in Southeast Asia. We have almost 5.7 million residents from various
races, cultures and religions. Singapore values its women citizens and views women’s contributions as anintegral part of the Singapore story.1
Singapore’s robust criminal justice system consists of tough laws against crime, highly professional andprosecutorial agencies such as the police force, the Corrupt Practices Investigation Bureau and the AttorneyGeneral Chambers as well as our independent, efficient and effective judiciary. Singapore’s unwaveringcommitment to the rule of law has allowed us to foster a peaceful and harmonious society.
In addition to efforts to prevent and fight crime, Singapore also focused and invested resources in the
rehabilitation of offenders, including for women offenders. To help offenders desist from crime, the Singapore
Prison Service, or SPS, adopts evidence-informed rehabilitation and reintegration practices. Our rehabilitation
efforts have led to positive outcomes, including, for our women offenders.

II. SINGAPORE’S EVIDENCE-INFORMEDREHABILITATION AND REINTEGRATIONIn Singapore, we believe every offender has the potential to live a crime-free life and to be a contributing
member of society. This first part of the paper will discuss Singapore’s rehabilitation approach and thefactors necessary to make it work.
Firstly, Singapore’s rehabilitation system is evidence informed, based on both international and locallyconducted research to validate and contextualize evidence. Specific to women offenders, for example, inrecent years, SPS’s local research findings have corroborated international research showing that women
have different initiation pathways to the criminal justice system than men.
Secondly, SPS designs psychology-based correctional programmes (or PCPs),2 drawing from evidence* Senior Assistant Director, Psychological and Correctional Rehabilitation Division, Singapore Prison Service, Ministry ofHome Affairs, Singapore.
12021 was declared as the Year of Celebrating SG Women to celebrate women’s progress, women’s multi-faceted roles andwomen’s potential across all facets of Singapore society. Singapore’s commitment to continuously advance and protect therights of women and girls in Singapore is provided legislatively by its Women’s Charter which was passed in 1961 and which
has since, ensured for greater legal equality for women in legally sanctioned relationships.
2
PCPs play an important role in the rehabilitation of offenders, stimulating readiness to change in offenders and helping themunderstand the factors which contributed to their offending behaviours. These interventions provide structured learning andapplication of prosocial skills to aid the offenders in developing a reintegration plan that addresses their unique life situations,33

RESOURCE MATERIAL SERIES No. 113
informed practices in the corrections literature such as from the Risk-Need-Responsivity (RNR) model, theGood Lives Model (GLM) and Desistance Theory. In addition to these, PCPs for women offenders are also
designed based on gender-informed theories such as the relational theory and overseas and local research on
women’s offending pathways to understand womenʼs offending.
Thirdly, Singapore applies the principles of implementation science, which is the scientific study ofmethods to promote the integration of research findings and evidence-informed interventions into policy andpractice. As part of implementation science, we evaluate our programmes on both process and outcome.3

III. DEFINING “GENDER RESPONSIVE”
In this paper, the term “gender responsive”, or GR, will be frequently used as an adjective to refer to therisks and needs factors that are unique for women offenders such as abuse and trauma, economic
marginalization, parental issues and relationship dysfunction – pertinent features in the lives of women
offenders as compared to their male counterparts. The use of the term GR in this paper may also refer torehabilitation interventions and services that have been designed and implemented with womenʼs issues inmind.

IV. WORKING WITH WOMEN OFFENDERS
Like many correctional systems in other jurisdictions, most programmes, policies and services tend to
focus on the needs of the male offender population, which forms the majority of the prison population.
Notwithstanding this, Singapore recognizes that a woman’s pathway to offending, and her journey ofrehabilitation and reintegration, is gendered and a context-depending processes that is shaped by her life
realities and experiences.
A study conducted locally to understand women’s offending pathways showed four key findings. Firstly,
it found that women offenders in Singapore have similar gender-responsive needs as identified in literature.
Secondly, local women offenders tend to follow four pathways to criminal offending, which include (i) arelational sense of self that sees them prioritizing unhealthy relationships or staying in dysfunctional
relationships; (ii) suffered abuse and/or victimization that affects the way they form relationships and manage
emotions; (iii) greater incidence of mental health problems closely linked to substance abuse; and (iv) socialand economic disadvantages such as low socio-economic status, low education levels and limited skill sets,facing adverse life conditions and lack of coping skills. In particular, these four pathways to women’s criminal
offending may sometimes overlap and manifest in complex ways that reinforce criminal offending.
The third finding showed that women offenders presented with poor anger management and the lack ofengagement in constructive activities as risk/needs factors. And finally, the fourth finding was that familial
relationships deterred drug use in women offenders with children.

V. GENDER-RESPONSIVE, PSYCHOLOGY-BASED CORRECTIONAL PROGRAMMESBased on research showing women offenders’ unique pathways to offending, SPS designed genderresponsive, psychology-based correctional programmes (or PCPs), “Catch it, Check it, Change it, Cast it” (or4C, in short).

challenges, and goals.
3
Our evaluation studies have shown that high-risk offenders who underwent evidence-informed interventions in a holistic
intervention environment with structured aftercare had significantly lower reoffending rates by 10 percentage points
compared to offenders who did not receive the same interventions.

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PARTICIPANTS’ PAPERS
4C seeks to reduce the risk of reoffending among women offenders by providing holistic gender-responsive
intervention and increasing the self-efficacy of women offenders to manage cognitions, affect and behaviour
that lead to their drug and criminal offending. Specifically, 4C targets the cognitive, affective and behaviouralaspects of addiction and offending. On a cognitive level, misperceptions and distortions are corrected. On an
affective level, women offenders learn how to manage their emotions within the safety of the group, using
self-soothing techniques. On a behavioural level, substance use and offending behaviours are targeted. Given
that one of the key pathways to women’s offending is through their relationships, 4C places a heavy focus on
the different types of relationships women offenders experience and how their substance abuse and offending
behaviours are situated in these relationships.
4C was designed based on both offender rehabilitation and substance abuse intervention theories, as wellas gender specific approaches which are appropriate for Singapore’s women offenders. Rehabilitation theories
are those which are widely used and effective in correctional programmes and settings such as RNR principles
and the GLM and Desistance approaches, complemented by evidence-informed theories for substance-abuseintervention, which include Cognitive Behavioural approaches and the Transtheoretical Model. Genderinformed theories like relational theory and women’s offending pathways are referenced to understandwomen’s offending.

VI. GR ENVIRONMENT FOR WOMEN OFFENDERSIn SPS, the environment that women offenders are housed in is run by an all-women team who aretrained in trauma-informed practices and GR principles. The facility itself is shaped by values derived from
GR principles. “EMARI”, also known as Empathy, Mutuality, Affirmation, Respect, and Independence, values
are derived from four key gender-responsive principles, which are: the need to be strength-based, traumainformed, culturally sensitive and relational in our interventions. The EMARI serves as an anchor in creating
an environment that is safe, respectful and empowering for women offenders to experience rehabilitativechange during their incarceration.

VII. GR SUPPORT FOR COMMUNITY REINTEGRATIONSPS recognizses that good family support during incarceration is essential to an offender’s rehabilitation
journey. Family programmes seek to increase offenders’ knowledge, skills and confidence in maintaining ties
and rebuilding stronger relationships with their loved ones. Through these programmes, offenders learn
about responsibilities towards their families and take meaningful actions to change for the sake of theirfamilies.4

VIII. GR COMMUNITY REINTEGRATION SUPPORT
To maintain the positive changes women offenders experienced during the in-care phase, they aresupported through casework interventions during their community reintegration period that seeks toreinforce skills and concepts they learned through in-care programmes such as 4C and the Family
Reintegration Programme. In this regard, casework interventions support women supervisees’ applicationsof those skills and knowledge to their everyday lives.
As part of GR practice – and acknowledging the central role that “empathy” plays in the concept of4

As part of SPS’s continuous review of programmes, two programmes – Social Skills Training Programme (SSTP) andFamily Reintegration Programme (FRP), were developed and implemented across all prison institutions from January 2019.
Attended by all newly admitted offenders, SSTP seeks to raise their awareness of the impact crime and incarceration haveon family relationships. It also equips them with basic skills in managing and enhancing family and social relationships, suchas communication skills, conflict resolution skills and emotion regulation techniques.

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women’s relational experiences and consequently their development of self-concept and sense of empowerment– women supervisees who are housed in a community facility under community-based programmes, such as
the Work Release Scheme, are allowed to bring in special items such as skin care products and make-up.
Such provisions are unique to women supervisees, as part of efforts to improve their self-confidence and build
up their pro-social identity.

IX. CLOSING
Over the past decade, SPS has incorporated and implemented gender-responsive practices that attend to
women’s pathways to offending. The GR practices include: (1) developing evidence-based gender-responsive
programmes and processes in the women’s environment, which addresses relationships, trauma, mental
health and substance abuse issues; (2) implementing staff training and encouraging collaborations between
operations and rehabilitation staff to equip staff with skills to de-escalate conflict and deal with offenders’negative emotions; (3) family and parenting programmes that address the relational needs and parenting
roles of women offenders, and (4) conducting community interventions that support women offenders during
incarceration and when they are out in the community to facilitate successful rehabilitation and reintegration.
All in all, our approach is underpinned by the belief that every person in Singapore, including our women,
has the right to live in an environment free of crime, and that women offenders should be provided with thenecessary help to rehabilitate and successfully reintegrate into our society as contributing citizens.

36THE PAROLE AND PROBATION SUPERVISION PROGRAMME
IN THE PHILLIPINESFrances F. Magnaan*

I. THE CURRENT SITUATIONThe Parole and Probation Administration is currently implementing a three-pronged approach programme,
namely: Therapeutic Community (TC), Restorative Justice (RJ) and Volunteer Probation Assistant (VPA)
Programs for the rehabilitation of clients released into the community.
Therapeutic Community (TC) was originally designed for institutional treatment for substance abusers
but was later redesigned to address supervision treatment needs of offenders in a community-based settingin the Philippines. TC has been implemented in the PPA since 1998. It underwent several revisions acrosstime to arrive at its present shape as the Therapeutic Community Ladderized Program (TCLP). TCLP is
implemented to all clients (probationers, parolees, pardonees and minor offenders who are released on
probation) of the Agency. TCLP is divided into four phases namely: Orientation, Primary Treatment,
Immersion and Integration. As a general rule, every client must undergo TC activity sessions regardless ofsex or gender, but the approach admits of certain exemptions like those who are seriously ill, students,
pregnant women and detained clients. It is worth mentioning that there are some Gender and Development(GAD) lesson plans in Phases II, III and IV of the TC Manual.
Restorative Justice (RJ) is a process through which remorseful offenders accept responsibility for their
misconduct to those directly injured and to the community as a secondary victim, which, in response, allows
the reintegration of the offender into the said community. RJ treats crime as a violation of people andrelationships. It creates an obligation to make things right through proactive involvement of victims,
ownership of the crime by the offender and participation of the community in search for solutions which
promote repair, reconciliation and reassurance (probation.gov.ph). Through the process of RJ, clients, victims
and other people who have stakes in the case are gathered together in a dialogue that aims to address theimpact or consequence of the offence committed, with the goal of promoting peace and reconciliation, if
possible.
The volunteerism programme is aimed at generating maximum, effective and efficient citizen participationand community involvement in the overall process of client rehabilitation. Section 28 of Presidential Decree
No. 968, the Probation Law of 1976, authorizes the appointment of citizens of good repute and probity to act
as probation aides to assist in the supervision of probationers, parolees and pardonees. Republic Act No. 9418
or the Volunteer Act of 2007, Section 12, par. c, provides for National Government Agencies and Local
Government Units to establish volunteer programmes in their respective offices to promote and encourage
volunteering in government programmes and projects as well as enjoin government employees to rendervolunteer service in social, economic and humanitarian development undertakings in the community.
Additionally, Executive Order No. 468 revitalizes the VPAs Program of the DOJ-PPA to heighten andmaximize community involvement and participation in the community-based programme of Parole andProbation in the prevention of crime, treatment of offenders and criminal justice administration (probation.
gov.ph). Although TC, RJ and Volunteerism programmes have no gender specific guidelines for implementation,in the conduct of these programmes, however, we observe gender fair language in the delivery of topics andlessons, we uphold the rights of senior citizens, minors, pregnant women and nursing mothers and differently
abled clients. At present, there is an ongoing Impact Assessment on the Rehabilitation Programs of the PPA
being conducted by the University of the Philippines, to determine, inter alia, the following:* Assistant Regional Director/Regional Officer-in-Charge, National Capital Region Parole and Probation Administration,
Quezon City, Philippines.

37

abled clients. At present, there is an ongoing Impact Assessment on the Rehabilitation
Programs of the PPA being conducted by the University of the Philippines, to determine,inter alia, the following:
RESOURCE.MATERIAL.SERIES.No..113

a. The impact of the above-mentioned rehabilitation programmes on the lives of theclients, including those who have been discharged from supervision by virtue of a
Termination Order in the case of probation and Final Release and Discharge in thea.. The.impact.of.the.above-mentioned.rehabilitation.programmes.on.the.lives.of.the.clients,.including.
case of parole and conditional pardon.
those.who.have.been.discharged.from.supervision.by.virtue.of.a.Termination.Order.in.the.case.of.
probation.and.Final.Release.and.Discharge.in.the.case.of.parole.and.conditional.pardon.

b. The field offices’ level of efficiency and effectiveness in the implementation ofb.. The.fi.eld.offi..ces’.level.of.effi..ciency.and.eff.ectiveness.in.the.implementation.of.rehabilitation.programmes.
rehabilitation
programmes.

II. STATISTICS
STATISTICS
A. Probation
Investigation
Caseload
A. Probation
Investigation
Caseload
Statistics
in
the
graph
and
table hereunder show that probation investigation cases
Statistics.in.the.graph.and.table.hereunder.show.that.probation.investigation.cases.received.from.2010.
received from 2010 to 2020 registered an extremely startling increase in 2007.
to.2020.registered.an.extremely.startling.increase.in.2017.
1.. Probation.Investigation.Caseload.(Graph.and.Table)
1. Probation Investigation Caseload (Graph and Table)

TOTAL PROBATION INVESTIGATIONCASELOAD
CYs 2010 – 2020

300,000
200,000

Probation investigation caseload 2010 to 2020

100,000
02010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
TOTAL
INVESTIGATIONINVESTIGATIONREFERRALSHANDLEDRECEIVEDYEARTOTAL INVESTIGATIONSHANDLEDINVESTIGATION REFERRALSRECEIVED

2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

7,034
8,634
8,810
9,298
8,190
10,795
10,71010,60138,384
91,126148,216

6,453
8,208
8,202
8,731
6,813
10,62910,50810,36736,366
78,103
120,923

Total / Average

38626,767

PARTICIPANTS’ PAPERS
2. Pre-Parole/Executive Clemency Investigation Caseload (Graph and Table)

YEAR

TOTAL
INVESTIGATIONSHANDLEDINVESTIGATIONREFERRALSRECEIVED

2010

1,207

1,144

2011

4,621

4,601

2012

2,115

1,766

2013

3,979

3,204

2014

5,164

4,175

2015

2,123

1,873

2016

5,603

4,961

2017
2018

3,371
3,473

3,228
2,839

2019
2020

5,543
5,839

4,909
5,207

Total

63,4703. Probation Supervision Caseload (Graph and Table)

39

RESOURCE MATERIAL SERIES No. 113

YEAR

TOTAL
SUPERVISIONCASES HANDLED

SUPERVISIONREFERRALSRECEIVED

2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

29,52330,38529,76829,23630,671
31,58233,01331,08842,637
71,669111,679

6,785
8,421
7,696
7,248
8,616
9,073
10,142
8,415
19,49640,02045,440Total/Average

458,896

4. Probation and Parole Officers
Supervision data reveals a sharp increase of 278.28%. On the other hand, the number of Probation and
Parole Officers handling cases has remained low with a felt decrease for the past two years. A spike in thenumber of filled Probation Officer positions is noted in 2019, with the creation of an additional 47 plantilla
positions for Probation Officer I and Probation Officer II in October 2019, as shown in the following data:
Summary of Filled Probation Officer Positions
Position Title

2017

2018

2019

2020

2021

Unfilled
Positions
2021

Supervising Probation Officer

135

135

142

137

119

45

Senior Probation Officer

127

120

129

121

115

43

Probation Officer II

120

125

117

122

121

75

Probation Officer I

108

103

117

116

111

45

Total

490

483

505

496

466

208

In the selection of employees, the Agency has its own Merit and Selection system that is characterized
by observance of merit, fitness and equality principles in the screening of personnel for appointment andpromotion. The position of Probation Officer I is the entry level for field officers, which does not require
training and experience, whereas Probation II is a promotional position that requires one year of progressively
responsible experience in Probation or other related experience in order to qualify for promotion. As an
officer advances in rank to Senior Probation Officer and further, so should the required skills and competencies
according to position/rank. Required skills/competencies are: Investigation and Supervision skills, Adaptability,
People and Information Management, Communication, Process Management, Decision Making and Problem
Solving. The levels of competencies are: Basic (for POI), Intermediate (POII), Advanced (Sr. PO) and Expert(SPO).
In the face of the Agency’s dire need for manpower, there are several vacant/unfilled positions, which
are created by promotion to higher positions, retirement and other personnel movement resulting in thetermination or disengagement of employee from the service. Another reason why these positions haveremained unfilled over the past two years is because of the lack of authority of the incumbent OIC
Administrator to approve appointments (original appointments and promotion to higher positions) as thismatter is inherent to the Secretary of Justice pursuant to: Paragraph e), Section 19 of PD 968, which states:“recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration
40

PARTICIPANTS’ PAPERS
and other offices established in this Decree;”
The reasons for the severance of work by the employees were because of retirement, transfer to anotherposition in another branch of the government, resignation due to migration/relocation to another country,
physical and mental health issues and death.

III. CHALLENGES
There are many challenges in the implementation of the rehabilitation programme for clients, but themost serious of them are the following:
1. The volume of caseload which brings the number to a disproportionate ratio of 1:330.59 for investigation
cases, whereas the supervision ratio stands at 1:270.778. The combined investigation and supervision
average caseload of every Parole and Probation Officer is 601.368. This computation is derived fromthe Profile of Clients 2020 (Source: probation.gov.ph). This unprecedented increase negatively impacts
the physical and mental health of Probation and Parole workers in addition to the effects of theCovid-19 pandemic;
2. Insufficient number of personnel to effectively conduct investigation and supervision of offenders andthe implementation of rehabilitation programmes for clients; and engagement of volunteers andcommunity partners and resources;
3. The Covid-19 pandemic and the consequent restrictions in mobility and access to most of the essential
services including clients and relevant stakeholders;
4. Lack of infrastructure for programme implementation to support the rehabilitation needs of offenders
in terms of appropriate and conducive office space, technology and resources;
5. Lack of funds for the implementation of rehabilitation programmes. Below are some of the pictures
taken during the conduct of group activities, which are usually held outdoors due to the lack ofappropriate facilities which deviates from the standards set forth by international mandates. Some ofthe photos depict clients’ desire and capacity to be productive members of the community by doingreforestation, coastal clean-up and classroom repairs despite the situation. Faces of clients aredeliberately blurred to protect their identity;
6. Limited capacity of staff to effectively implement a holistic approach to rehabilitation programmes thatare informed by gender-specific risks and needs assessment;
7. Limited capacity of staff to address the gender-specific treatment needs of women offenders, consistingof 126,183 individuals. Data obtained from the Profile of Clients 2020 revealed that women clientscomposed 13,294, or 10.35 per cent, of the total number of clients for the year 2020.

41

RESOURCE MATERIAL SERIES No. 113

At the moment, the Agency has no gender-specific treatment programmes for women offenders. Suchprogrammes are being advanced by international standards like the Standard Minimum Rules for Noncustodial Measures on the Treatment of Offenders (the Tokyo Rules), the Beijing Platform for Action, theUnited Nations Minimum Rules for the Treatment of Offenders (the Mandela Rules) and the United Nations
Rules for the Treatment of Women Offenders (the Bangkok Rules). While it is true that in some regions,these international mandates are being cascaded to implementers for the purpose of creating or enhancing
awareness, still there is no specific programme design on how to implement or translate these principles into
activities or session plans as to form a component of the intervention programme for offenders.

42PARTICIPANTS’ PAPERS
This international training, therefore, is a welcomed opportunity to the author, who is a Gender andDevelopment advocate. Incidentally, Gender and Development is a programme that is being advanced by thePhilippine Commission on Women pursuant to Republic Act 9710, otherwise known as The Magna Carta of
Women. RA 9710 defines Gender and Development as the development perspective and process that isparticipatory and empowering, equitable, sustainable, free from violence, respectful of human rights,
supportive of self-determination and actualization of human potential. It seeks to achieve gender equality as
a fundamental value that should be reflected in development choices and contends that women are active
agents of development, not just passive recipients of development (pcw.gov.ph).
GAD was introduced in 1995 through Executive Order No. 273 – Approving and Adopting the Philippine
Plan for Gender-Responsive Development (PPGD) 1995-2025. The PPGD 1995-2025 is a 30-year perspective
plan that outlines the policies, strategies, programmes and projects that the government must adopt toenable women to participate in and benefit from national development, while EO 273 directs all government
agencies, departments, bureaus, offices and instrumentalities, including government owned and controlled
corporations, at the national level, sub-national and local levels:
1. To take appropriate steps to ensure the full implementation of the policies/strategies and programmes/
projects outlined in the Plan;
2. 	To institutionalize GAD efforts in government by incorporating GAD concerns, as spelled out in thePlan, in their planning, programming and budgeting processes.
A more recent issuance on the matter is Memorandum Circular No. 2011-01: Guidelines for the Creation,
Strengthening, and Institutionalization of the GAD Focal Point System, the purpose of which is: To provide
guidelines and procedures for the establishment, strengthening and institutionalization of the GAD Focal
Point System (GFPS) in constitutional bodies, government departments, agencies, bureaus, SUCs, GOCCs andall other government instrumentalities; and to clarify the roles and responsibilities, composition and structureof the GFPS to enable it to function as a mechanism for catalysing and accelerating gender mainstreamingin the agency towards the promotion of Gender Equality and Women’s Empowerment (pcw.gov.ph).
In compliance with this requirement, the Agency has created national and regional GAD committees tolead in the mainstreaming of gender perspectives in order to promote and fulfil women’s human rights andeliminate gender discrimination in the Agency’s programmes, projects and activities and assess the gender
responsiveness of the systems, structures, policies, programmes and procedures, among others.
At present the PPA is at the end stages of programme development of treatment programmes informedby the Classification and Risk Needs Assessment (CARAT) tool, namely:
1) Livelihood and Employment Program (LEP) – designed to provide technical skills and capacities toclients to enable them to be self-sustaining and productive citizens.
2) I CARE Program – I am Committed, Accountable, Responsible, and Empowered (Criminogenic AntiSocial Personality Pattern) Program – tailored for clients with anti-social personality pattern, whichaims to increase self-awareness and enhance personal competency to manage negative behaviours.
3) “Hulagpos” Breaking Free from Drugs Program – intends to eliminate drug dependence of clients andencourage lifestyle change that is free from drugs.
The above-mentioned programmes were crafted as the result of assessment conducted among practitioners
as to what kinds of intervention programmes are the most needed by clients. Unfortunately, the needs ofwomen offenders were overlooked.

43

RESOURCE MATERIAL SERIES No. 113

IV. PROPOSED SOLUTIONS
A. Programme Development
1. Development of a gender responsive approach in the treatment of women offenders that looks into therealities of women’s lives, their strengths and challenges. A gender responsive approach will necessarily
include looking into programme development, content, material, programme site and infrastructure aswell as staff competency and selection. Guided by the Guiding Principles and Strategies for Effective
System Change by Dr. Stephanie Covington, treatment programmes for women offenders should be
gender specific, sensitive and responsive. They should be based on safety, respect, dignity and cultural
sensitivity not only for women clients but also for CICLs and other people impacted by the offence,
including the community. It should address substance use disorders, trauma and mental health issues
and should provide women with opportunities to improve their socio-economic conditions.
2. Designing of intervention programmes based on Women’s Risk-Needs Assessment (WRNA) by theTechnical Working Group.
3. Programme development for capacity-building training for implementers on GR Risk Needs Assessment
and gender-specific treatment programmes for women officers.
•

The training syllabus should include: Understanding trauma and victimization, GR criminogenic
risk assessment, GR case management, among others.

4. Training for implementers.
5. Pilot run of WRNA and GR Treatment Program for women offenders.
6. Assessment and evaluation of the result of pilot implementation.
7. Programme improvement and recommendations based on the result of programme evaluation
conducted.
8. Nation-wide implementation of WRNA and GR treatment programme to all women-offender clients of
the PPA.
9. Monitoring and evaluation.
10. Documentation and benchmarking of best practices to guide recommendations for continual
improvement.
B. Systems Improvement
1. Digitization of Records and Information Systems – (in addition to the existing data systems which are
already in place) enhancement of data systems that will enable the auto generation of required reports
like Sex Disaggregated Data (SDD), Socio Demographic Profile (SDP) and Client’s Profile (CP), and theuse of data derived from these reports, to assess, identify, plan and design appropriate intervention
programmes for women offenders. As a GAD programme requirement, periodic reports on SDD and
SDP of clients are being submitted by all field offices; however, these reports are not utilized enoughto determine the kind of rehabilitation programmes that are applicable to clients. Fortunately, there is
now an ongoing study and pilot test of intervention programmes based on the Classification Risk
Needs Assessment Tool (CARAT), but gender-specific needs of women offenders are still not among
the programmes that were crafted by the national Technical Working Group. This programme issponsored by UNODC and UNAFEI.
2. Fast tracking the improvement of the digitization programme in order to do away with manual
encoding of Sex Disaggregated Data (SDD), Client’s Profile (CP) and Socio-Demographic Profile (SDP)44

PARTICIPANTS’ PAPERS
reports. Manual preparation of these reports and all other periodic reports aggravate the volume ofcaseload, insufficient personnel compliment that results in the delay in report submission. This is notedin almost all of the field offices of the Agency. Also, the data may not be 100% accurate due to manyfactors. In order to address these issues and to lessen the workload and ensure accuracy and timelinessof reports, it is proposed that the Post Sentence Investigation Report should be linked to the existingdata system to auto generate SDD reports, whereas SDP reports could be auto generated once theclient is granted probation or parole, while accomplishment of the client’s Worksheet (interview sheet)
could auto-populate Records Check (RC) requests and Client’s Profile. RC and initial CP, therefore, aredependent on the accomplishment of the Worksheet, as SDD is to PSIR completion, whereas SDP isdependent on a grant of probation (Probation Order from the Court). In this way, personnel could focus
on more important tasks of rehabilitation of clients and community building.
C. Human Resource Development
The Parole and Probation Administration shall conduct periodic human resource development andmanagement assessment in the following areas:
1. Adequate facilities, equipment and resources to enable process owners to render responsive andefficient rehabilitation service to clients;
2. Staffing patterns and standards of work to ensure that the clients receive quality service;
3. Upgrading of work conditions and reclassification of positions to accurately reflect the functions andresponsibilities of probation officers as Parole and Probation Officers and to correct the disparity visà-vis other professions;
4. Opportunities for Probation and Parole Officers to grow professionally and to reach their potentials, toenable them to experience a sense of self-worth and dignity in their work;
5. Provision of funds for trainings, conventions, seminars, conferences and similar activities for Paroleand Probation Officers as part of their continuing professional growth;
6. Provision of mechanisms for democratic consultations.
D. Modernization of Strengthening of the Parole and Probation System
One of the biggest issues faced by the Philippine Corrections system is the overcrowding of jails andprisons. The congestion rate was registered at 403 per cent in 2020, equivalent to 115,336 prisoners occupying
facilities meant only for 34,893 people, the COA said in its report for BJMP.
Severe overcrowding of jails leads to dehumanization of persons deprived of liberty (PDL). Deaths, serious
illness, poor and dirty living conditions and inmate violence are among the consequences of overcrowding injails. Unresolved probation and parole/executive clemency cases contribute to the high volume of pendingcases awaiting resolution.
Release in the community through probation and parole is not only recognized as a tool for rehabilitatingclients and preparing them for their eventual reintegration into the community. To realize the ends that the
Agency seeks to achieve, it needs the necessary support and infrastructure. The passage of the proposed bill
“Magna Carta of Parole and Probation Workers", which is now reworded to “An Act Strengthening theParole and Probation Administration and Providing Funds Therefor” is hoped to address the lack of
manpower, the sad plight of the already overworked staff, professionalize the service and enhance digitization
capability of the Agency.

45

DOES THE PENALTY ALWAYS FIT THE CRIME? – TREATMENT OFWOMEN OFFENDERS IN SRI LANKA
Ganga Wakishta Arachchi*

I. INTRODUCTION
The law enforcement and justice system in Sri Lanka has very few female offenders as opposed to theirmale counterparts. For many years, the three Cs practiced by Sri Lanka Prisons,1 namely, Custody, Care andCorrections, were applied to rehabilitate the male offenders, which comprised the majority. With the passageof time, as pregnant women, adolescent girls, mothers and persons with disabilities or special needs gradually
emerged to be a part of the justice system due to various socio-economic factors, the need to change policy
and circumstances at all levels, be it police, courts or prisons arose, and the practice was extended for the
betterment of women offenders.
On the international plane, too, the surfacing of “female offenders” attracted a lot of attention and discussion
with the number of female offenders increasing in each country. Hence, the Bangkok Rules and the Kyoto
Declaration were adopted, as well as the Handbook on Women and Imprisonment produced by the UNODC.
Further, “female offenders” was often a topic of various decisions and discussions held at the UN General
Assembly, especially what was referred to as the “Doha Congress”.2 Finally, the issue of female offenders
formed a part of the 2030 Agenda for Sustainable Development.3
With the changing times, and to be abreast with the best international practices and policies, Sri Lanka
braced itself to offer gender equality into State policy by first ratifying key international Conventions andformulating domestic mechanisms that offered females, in general, certain rights. Among them is the UN
Convention on Elimination of All forms of Discrimination Against Women (CEDAW) in 1981. Prior to thiswas the establishment of the Women’s Bureau in the year 1978 to ensure gender equity and equality. The
approach was improved with the creation of the Ministry for Women in the year 1983, followed by the
Department of Probation and Social Welfare. The decision of the Parliament in 1993 to adopt the Sri Lanka
Women’s Charter4 was the statement-of-principle policy of the Government pertaining to the rights ofwomen. Then came the National Committee for women in 1994, along with the 1996 National Action Plan for
Women. This National Committee, at present, is placed under the Ministry of Women and Child Affairs. In
the year 2016, with the launch of its “Policy Framework and National Plan of Action (NPoA) to address
Sexual and Gender Based Violence (SGBV) in Sri Lanka 2016- 2020”, the policy of zero tolerance for violenceagainst women was exhibited openly. This National Action Plan is an integral part of the Ministry of Womenand Child Affairs and reveals that it is in line with the Sustainable Development Goals 2030 of the United
Nations and talks much about the rehabilitation and social integration of female offenders. For the first timein Sri Lanka, this National Action Plan introduced the concept of multi-agency cooperation if any correctional
methods were to be a success story. At present, 16 stakeholder agencies work together to make thecorrectional measures and social reintegration of female offenders a success.5* Senior State Counsel, Attorney General’s Division, Sri Lanka.
1
Still the term ‘prison’ is used in place of ‘correctional facilities’.
2
Thirteenth United Nations Congress on Crime Prevention and Criminal Justice held in Doha 12-19 April 2015.
3
Goal 5.c of A/RES/70/1.
4
National Committee on Women, Ministry of Women’s Empowerment and Social Welfare. Women’s Charter, Sri Lanka,  http://eugc.ac.lk/ge_eq/wp-content/uploads/2016/04/Womens Charter-1.pdf accessed 29.09.2021.
5
Ministry of Women and Child Affairs, Ministry of Justice, Ministry of Law and Order, Ministry of Education, Ministry of
National Policy and Economic Affairs, Ministry of Labour and Trade Union Relations, Ministry of Skills Development andVocational Training, Ministry of Plantation Industries, Ministry of Foreign Employment, Ministry of Health, Nutrition andIndigenous Medicine, Ministry of Disaster Management, Ministry of Parliamentary Affairs and Mass Media, Sri Lanka Police,47

RESOURCE MATERIAL SERIES No. 113
Capacity-building, awareness raising of the root causes and underlying consequences have become crucial
to prevent any criminal acts being committed by female offenders. The number of female offenders in thesystem is very few, less than five hundred in all. Out of these, those with death sentences or serving for life
– sentenced for mainly being involved in narcotic drug offences – are even fewer. The statistics demonstrate
a vast decline of female offenders in the justice system at present.6
In this regard, the Constitution, in its Chapter III,7 has guaranteed equality for women and men and nondiscrimination based on sex. Nevertheless, once an offence is committed, the usual criminal justice process
would kick in to try the offenders, the police conducting the investigation, prosecution of offenders by theState Prosecutors attached to the Attorney General’s Department, the remand or the conviction of theoffender and so on and so forth.

II. GENDER-RESPONSIVE APPROACHES TO
IMPROVE CORRECTIONAL TREATMENT AND SUPPORT IN PRISON
A. The History
Unfortunately, a considerable majority in the country regard gender inequality as the “norm” and that itshould have perpetual succession. The beliefs such as “a woman’s main role is to take care of her home andcook for the family”, “it is a man who earns and is responsible for the family”, “a woman should obey herhusband” and “a woman is subject to male dominance” are embedded in the society even at present, but on
a lesser scale. In the old days, the correctional facilities saw no difference to change the common beliefs and,hence, female offenders were treated likewise. However, with the passage of time, the females, too, started
to pull the wheel and participated in the formal economic, social and political systems to sustain theirfamilies. The participation of females in the areas of income generation was more visible in the economicallydisadvantaged class. And, as a result of the poor economic conditions and the continuous struggle to moveon, and being pushed to the wall more often than not, these females committed or attempted the crimes they
later were charged with. Once these female offenders entered the criminal justice system, their families
encountered difficulties as a result of their imprisonment. With the revelation of the poor economic conditionsof the female offenders in the society, invariably all the stakeholders in the criminal justice system had tonecessarily take cognizance of this fact, especially the ones staying in the correctional facilities.
The outcry for women’s rights and, therefore, that of women offenders took the stage before long, though
the number was still very negligible as opposed to the males in the prisons.
B. The Approach
In handling female offenders, both unconvicted and convicted, two Cs out of the three, “Custody” and“Care”, are looked after by uniformed female staff. The third “C”, the “Correctional” staff, also known as“rehabilitation officers”, wear casual attire. The concept behind this approach is to enable the female offenders
to be free in their speech, i.e. to pour their hearts out at all levels; the admission level, initial medical
examination, the visits to their bases by rehabilitation officers for assessment and at every occasion thereafter.
Thus, whenever a female offender encounters any difficulty, she would not hesitate to seek advice of theserehabilitation officers to solve the issues at hand.
C. The Number
Having a small number of female offenders has very good advantages for Sri Lanka. The female offenders
are allocated separate accommodation facilities earmarked for their own convenience. Out of these offenders,the pregnant offenders who are separated from the rest are placed under constant care of the medical andother support staff. The female pregnant offenders are allowed to interact with their families if it appears to
be in the best interest of such woman offender. Every endeavour is taken to keep their minds happy andcontent, considering the circumstances they are faced with. Another interesting fact is that any female
offender who wishes to accompany her child inside the correctional centre is permitted to do so. All female
Department of Divineguma and University Grants Commission.
6
Volume 40-year 2021; Prison Statistics of Sri Lanka 2021 published by Department of Prisons.
7
Appendix A.

48

PARTICIPANTS’ PAPERS
offenders who either opt to bring their children in are also allocated separate quarters where each of them
could remain with their child, encouraging the mother and child to form their bond. Each of these women
offenders are encouraged to mandatorily engage in the educational activities, both formal and informal. They
further undergo vocational training in order to prepare their smooth integration into the society in the time
to come, depending on the length of their sentence. The children inside the correctional facilities are happily
in either the day care centre or the preschool, being properly taken care of by the respective teaching staff
and caretakers. Even at police stations and in the Courts, facilities have been arranged for female offenders
who attend with children. Frequently, the female offenders are granted bail; hence, seldom will they enter
the correctional facilities inside the prison.
D. The Facilities
Sri Lanka Prisons have allowed professionals of all walks of life to visit female offenders with priorpermission in order to groom them for better tomorrows. These professionals include teaching personnel,
medical staff and service providers and, depending on the requirement of the correctional facility, to train
these female offenders to be financially independent upon their release. These outside support efforts willfurther act as a measure to curb recidivism. It does not end there. Being a small number has its advantages.
All the female offenders are allowed to follow their own religious beliefs, engage in prayer sessions anddiscuss their problems with the clergy if they wish. The clergy attends the correctional centres every week.
All religious and cultural events and festivals are commemorated with great enthusiasm within thecorrectional centres with the assistance of volunteers and the Prison Welfare Associations. In Sri Lanka,
there are six correctional facilities where women offenders are housed. They are Welikada, Kalutara,
Anuradhapura, Bogambara (Kandy), Angunukolapellessa and Kuruwita. At present, only Welikada and
Kalutara correctional facilities have day-care centres and preschools that house children up until they reachthe age of five years, which is the required age for the commencement of formal school education. Once achild reaches five years, he or she is handed back to a guardian, failing that to a children’s home to receive
formal education. A female offender who is with child is, therefore, housed in either Welikada or Kalurata for
their own well-being.
All care, custody and correctional female staff of the department of prisons who handle women offenders
act with empathy. These officers are trained to be extremely gender sensitive. Most of these officers have
either undergone probation training, counselling and psychological training, childcare and other welfare
related training themselves or have acquired the tertiary education in the respective fields either prior to or
while in service. Thus, it has become very natural for them to attend to the women offenders.
Medical staff from the National Mental Health Care Hospital, Public Teaching Staff and various IGOs andNGOs have come to the rescue voluntarily due the small number present within the correctional facilities.
Even the welfare of the children in the day-care and preschool facilities are conducted in such a manner thatit maintains the same standards of similar facilities outside. There are state-of-the-art recreational facilities
which both the women offenders and their children can use.

III. EFFECTIVE USE OF NON-CUSTODIAL MEASURES,
TAKING INTO CONSIDERATION WOMEN OFFENDER’S
GENDER-SPECIFIC CONDITIONS AND BACKGROUNDSThe justice system prevalent in Sri Lanka is still a very formidable one. The convictions and other ordersof Court, therefore, have much room for improvement to be on par with the international standards, if theconcept of the basic unit in the society, “the family”, is to be given the utmost importance, be it for married
offenders, single mothers or young females. Close scrutiny of the sentences passed or orders issued by
Courts could, therefore, easily vary when it reaches the correctional facilities. The women offenders, uponadmission, receive detailed explanations of what their “good behaviour” could offer them to serve a much lessperiod than pronounced and their ability to reintegrate to a better society should they put their efforts in theright direction. Even if such counselling may not register on the very first day, it gradually does. The formal
education and the other rehabilitation facilities received by a particular inmate varies with the time that she
has to serve. Therefore, the correctional authorities carve out individual plans for each women offender, whois accorded individual attention as well, due to the number being small. For those who have received formal
49

RESOURCE MATERIAL SERIES No. 113
education to some extent, they are permitted to revive and enter into the usual formal system of education.
Sri Lanka Prison permits all those inmates if they so wish to sit for the public examinations including
attending universities to complete education. There is a male inmate who reads for his Master’s degree while
being an inmate. The illiterate female offenders could be beginners if they so wish. Depending on the needof each female offender, training sessions based on vocational, technical and other useful methods of selfemployment or institutional employment are accorded to them. Vocational training is offered in the areas ofgarment trade, beauty culture, weaving and all traditional forms of making clothes, including batik, hand
crafts, preparation of food for sale etc. These activities are introduced with a view of preparing the female
offender to be financially independent once she is reintegrated into the society. In addition, library facilities,
legal aid clinics, family reunions, health programmes and cultural activities are lined up, which keeps all thewomen offenders content during their stay in the correctional facility.
The good conduct and behaviour will attract what is usually referred to as the “home leave scheme”. This
scheme allows a female offender to initially go home for three days. With the passage of time, this period is
extended to fourteen days. Thereafter, as of habit, these fourteen-day periods become frequent. If the periodof sentence is shorter, such women offenders are allowed to remain at home on licensed conditions immaterialof the penal sentence accorded to them. Home leave has been proved as a measure of successful rehabilitationof these female offenders.

IV. CONCLUSIONS
Thus, it can be safely concluded that the women offenders in Sri Lanka are much fortunate whencompared to their male counterparts. However, there is much room for improvement in all aspects,
commencing with the vocabulary that is used, i.e. instead of “prison” using the term “correctional facility”’
etc. Great efforts have been put in place by the officers to accord proper care and correctional methods for
those in their custody with the maximum utilization of the resources that are made available to such officers.

V. RECOMMENDATIONS
A. The Social Factor
The psychosocial factor, as shown below, has improved with the change of attitude and appearance of
rehabilitation officers in correctional facilities. This could be extended to other law enforcement authorities
that constantly engage with women offenders. The women and children desks within the police can bereviewed, wherein the atmosphere is perpetrator friendly, not only for survivors. The 42 desks of “Womenin Need” inside police stations, a good blend of private-public partnership must be introduced to police
stations.
The officers involved in recidivism prevention must specifically be trained for that purpose. Coordinatedcommunity awareness campaigns where frequent community gatherings are held, such as prayer sessions
in religious places, school and office gatherings, will produce attractive results and will facilitate constructive
lobbying, especially among women. This will enable the women offenders to understand the nature of theoffences and the consequences of offending, and what action has to be taken in recidivism prevention where
offenders are concerned.

50

PARTICIPANTS’ PAPERSPRISONERS RELEASED ON WORK RELEASE ,HOME LEAVE AND ON LICENCE SCHEME, 2010 – 2020
Year
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

Work Release
8,609
20,034
9,115
1,401
511
648
4,145
675
547
599
189

Source: Department of PrisonsHome Leave
632
362
181
498
477
774
589
506
378
446
123

Licence Scheme
284
73
130
173
190
168
230
232
167
200
161

PRISONERS ENGAGED ON WORK RELEASE SCHEME, 2010 – 2020
Year
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

No. of Prisoners
Engaged on
Work Release
8,609
20,034
9,115
1,401
511
648
4,145
675
547
599
189

Source: Department of Prisons

No. Found
Unsuitable
3
3
17
18
4
-

Total Amount
Earned for theYear (Rs.)
6,465,107
8,082,040
5,609,405
2,118,240
3,222,900
3,962,660
4,944,695
5,106,200
4,526,040
4,515,800
993,820

51

RESOURCE MATERIAL SERIES No. 113
B. Medical Services
A review of the current medico-legal services offered is a must. The 42 Mithuru Piyasa (Naptu Nilayam
Centres in Tamil) centres within State hospitals must be extended to all hospitals in correctional facilities.
Here, too, the lesser the formalities are, the better the results would be. Both the legal and medical community
must be encouraged to assist and support the government initiative to improve the conditions of women
offenders on a voluntary basis with the aim to prevent recidivism. The psychological care and counselling
facilities should be available on a more frequent basis than at present.
C. Access to Justice
Access to justice must be of the essence at every level. Advanced and effective laws and policies that
improve women’s access to justice must be formed without further delay. The formidable nature of the Sri
Lankan Courts makes women strangers to the system. The long drawn judicial process is a cause forrecidivism. It is suggested that cases involving women and children be dealt with in camera and by female
officers as far as practicable. The legal community should be encouraged to provide pro bono services to atleast one women offender in need which could produce better results.
D. The Legislation
Sri Lanka very recently amended its Code of Criminal Procedure Act No 51 of 1979 (CCPA), making it
compulsory for Judicial Officers to visit police stations at least once a month for inspection. The community
service orders in lieu of imprisonment brought in by amendment No 49 of 1985, further amended by Act No
46 of 1999, paved the way for alternatives for all offenders, including women. The police are empowered todetain suspects, including females, for varying lengths of time depending on the offence, initially only for 24hours; with permission from the court, up to 48 hours. For drug-related and terrorist offences, it is seven days
and indefinitely on a Detention Order extended every three months thereafter, issued by the Ministry of
Defence. There is an attractive legal and correctional system in place for women offenders at the correctional
facilities upon admission.
E. Recidivism Prevention
The main idea of law enforcement should revolve round the concept of recidivism prevention. No doubtthat punishments accorded must suit the crime, but a certain amount of flexibility is warranted where
women offenders are concerned as their number is small in Sri Lanka. Female perpetrators of minor offences
should be encouraged to repent with suitable plans for reintegration into the society with close monitoring.
Expedient disposal of the matters is of essence to prevent recidivism. Further, follow-up mechanisms should
be introduced, and close scrutiny of the offenders should be kept at all times through community monitoring,similar to what is practiced in Japan under the “volunteer probation officers” scheme. In criminal proceedings,
effective use of non-custodial measures at an early stage with rehabilitative interventions, such as community
supervision, community service and suspended sentences with close monitoring could be introduced as adeterrence to offenders. The project with the assistance of the World Bank to upgrade the existing six
correctional facilities in order to standardize the same as any other day-care and preschool education entity
allowing the female offenders to be in close proximity to their residences, as opposed to the two facilities atpresent, has to be expedited.
The statistics compiled by the department of prisons in Sri Lanka reveal a steep decline of female
offenders entering the correctional facilities – a great relief for Sri Lanka as a country.

52

PARTICIPANTS’ PAPERS

VI. APPENDICES
Annexure A
CHAPTER III – FUNDAMENTAL RIGHTS
10.
Freedom of thought, conscience and religion.
11.
Freedom from torture.
Right to equality.
12.
13.	Freedom from arbitrary arrest, detention and punishment and prohibition of retrospective penal
legislation.
14.
Freedom of speech, assembly, association, occupation and movement.
14A. Right of access to information.
15.
Restrictions on fundamental rights.
16.
Existing written law and unwritten law to continue in force.
Remedy for the infringement of fundamental rights by executive action.
17.
CHAPTER III – FUNDAMENTAL RIGHTS
10. Freedom of thought, conscience and religion.
Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or
to adopt a religion or belief of his choice.
11. Freedom from torture.
No Person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
12. Right to equality.
(1) All persons are equal before the law and are entitled to the equal protection of the law.
(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste,sex, political opinion, place of birth or any one of such grounds:
Provided that it shall be lawful to require a person to acquire within a reasonable time sufficientknowledge of any language as a qualification for any employment or office in the Public, Judicial or
Local Government Service or in the service of any Public Corporation, where such knowledge isreasonably necessary for the discharge of the duties of such employment or office:Provided further that it shall be lawful to require a person to have a sufficient knowledge of any
language as a qualification for any such employment or office where no function of that employment
or office can be discharged otherwise than with a knowledge of that language.
(3) No person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be
subject to any disability, liability, restriction or condition with regard to access to shops, public
restaurants, hotels, and places of public entertainment and places of public worship of his own religion.
(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or
executive action, for the advancement of women, children or disabled persons.
13. Freedom from arbitrary arrest, detention and punishment and prohibition of retrospective penal
legislation.
(1) No person shall be arrested except according to procedure established by law. Any person arrested
shall be informed of the reason for his arrest.
(2) Every person held in custody, detained or otherwise deprived of personal liberty shall be brought
before the Judge of the nearest competent court according to procedure established by law and shallnot be further held in custody, detained or deprived of personal liberty except upon and in terms of
the order of such Judge made in accordance with procedure established by law.
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RESOURCE MATERIAL SERIES No. 113(3) Any person charged with an offence shall be entitled to be heard, in person or by an Attorney-at-Law,
at a fair trial by a competent court.
(4) No person shall be punished with death or imprisonment except by order of a competent court, madein accordance with procedure established by law. The arrest, holding in custody, detention or otherdeprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.
(5) Every person shall be presumed innocent until he is proved guilty:
Provided that the burden of proving particular facts may, by law, be placed on an accused person.
(6) No person shall be held guilty of an offence on account of any act or omission which did not, at thetime of such act or omission, constitute such an offence and no penalty shall be imposed for any offence
more severe than the penalty in force at the time such offence was committed.
Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles of law
recognised by the community of nations.
It shall not be a contravention of this Article to require the imposition of a minimum penalty for an
offence provided that such penalty does not exceed the maximum penalty prescribed for such offence
at the time such offence was committed.
(7) The arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reasonof a removal order or a deportation order made under the provisions of the Immigrants and Emigrants
Act or the
Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967 or such other law as may be enacted in
substitution therefor, shall not be a contravention of this Article.
14. Freedom of speech, assembly, association, occupation and movement.
(1) Every citizen is entitled to—(a) The freedom of speech and expression including publication;(b) The freedom of peaceful assembly;(c) The freedom of association;(d) The freedom to form and join a trade union;(e) The freedom, either by himself or in association with others and either in public or in private, tomanifest his religion or belief in worship, observance, practice and teaching;(f) The freedom by himself or in association with others to enjoy and promote his own culture and touse his own language;(g) The freedom to engage by himself or in association with others in any lawful occupation, profession,
trade, business or enterprise;(h) The freedom of movement and of choosing his residence within Sri Lanka; and(i) The freedom to return to Sri Lanka.
(2) A person who, not being a citizen of any other country, has been permanently and legally resident in
Sri Lanka immediately prior to the commencement of the Constitution and continues to be so resident
shall be entitled, for a period of ten years from the commencement of the Constitution, to the rights
declared and recognised by paragraph (1) of this Article.
Right of access to information.
14A.
(1) Every citizen shall have the right of access to any information as provided for by law, being informationthat is required for the exercise or protection of a citizen’s right held by—(a) the State, a Ministry or any Government Department or any statutory body established or createdby or under any law;(b) any Ministry of a Minster of the Board of Ministers of a Province or any Department or any
statutory body established or created by a statute of a Provincial Council;

54

PARTICIPANTS’ PAPERS(c) any local authority; and(d) any other person, who is in possession of such information relating to any institution referred to in
sub-paragraphs (a) (b) or (c) of this paragraph.
(2) No restrictions shall be placed on the right declared and recognized by this Article, other than such
restrictions prescribed by law as are necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the prevention of disorder or crime, for the protectionof health or morals and of the reputation or the rights of others, privacy, prevention of contempt of
court, protection of parliamentary privilege, for preventing the disclosure of information communicatedin confidence, or for maintaining the authority and impartiality of the judiciary.
(3) In this Article, “citizen” includes a body whether incorporated or unincorporated, if not less than threefourths of the members of such body are citizens.
[Art 14A ins by s 2 of Nineteenth Amendment to the Constitution.]
15. Restrictions on fundamental rights.
(1) The exercise and operation of the fundamental rights declared and recognised by Articles 13(5) and13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national
security. For the purposes of this paragraph “law” includes regulations made under the law for thetime being relating to public security.
(2) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(a) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an
offence.
(3) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(b) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony.
(4) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(c) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony or national economy.
(5) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(g) shallbe subject to such restrictions as may be prescribed by law in the interests of national economy or in
relation to—(a) the professional, technical, academic, financial and other qualifications necessary for practising any
profession or carrying on any occupation, trade, business or enterprise and the licensing anddisciplinary control of the person entitled to such fundamental right; and(b) the carrying on by the State, a State agency or a Public Corporation of any trade, business,
industry, service or enterprise whether to the exclusion, complete or partial, of citizens or otherwise.
(6) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(h) shallbe subject to such restrictions as may be prescribed by law in the interests of national economy.
(7) The exercise and operation of all the fundamental rights declared and recognised by Articles 12, 13(1),13(2) and 14 shall be subject to such restrictions as may be prescribed by law in the interests ofnational security, public order and the protection of public health or morality or for the purpose of
securing due recognition and respect for the rights and freedoms of others or of meeting the justrequirements of the general welfare of a democratic society. For the purposes of this paragraph “law”
includes regulations made under the law for the time being relating to public security.
(8) The exercise and operation of the fundamental rights declared and recognised by Articles 12(1), 13 and55

RESOURCE MATERIAL SERIES No. 113
14 shall, in their application to the members of the Armed Forces, Police Force and other Forcescharged with the maintenance of public order, be subject to such restrictions as may be prescribed bylaw in the interests of the proper discharge of their duties and the maintenance of discipline amongthem.
16. Existing written law and unwritten law to continue in force.
(1) All existing written law and unwritten law shall be valid and operative notwithstanding any
inconsistency with the preceding provisions of this Chapter.
(2) The subjection of any person on the order of a competent court to any form of punishment recognisedby any existing written law shall not be a contravention of the provisions of this Chapter.
17. Remedy for the infringement of fundamental rights by executive action.
Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of
the infringement or imminent infringement, by executive or administrative action, of a fundamental rightto which such person is entitled under the provisions of this Chapter.

56

PARTICIPANTS’.PAPERS
Annexure B.–.Mithuru.Piyasa.Centres.in.Sri.Lanka
Jau

Kilinoch
Mullait
VavuniMann

Anuradha

Trincom

Polonnar

PuttalBattica
Mata

Kuruneg

Gampa

Kan

Kegal

Ampa
Badul

Colom

NuwaraKalut

RatnapMonarag

Hambant

Gal
Mata

57

RESOURCE MATERIAL SERIES No. 113
Annexure C – Interview with ASP Mr Uduwara of Welikada Prison.
Interview with Rehabilitation Officer Ms. Sumadhu

58

PARTICIPANTS’ PAPERS

VII. BIBLIOGRAPHY
Policy Framework and National Plan of Action to address Sexual and Gender-based Violence (SGBV) in Sri
Lanka 2016-2020
Prison Statistics of Sri Lanka 2021 Vol. 40- Year 2021 published by Statistics Division, Prison headquarters,
Colombo 09 Sri Lanka
Websites (Accessed on 24.09.2021)
http://prisons.gov.lk/web/wp-content/uploads/2021/05/prison-statistics-2021.pdf

59

PART THREERESOURCE MATERIAL SERIES
No. 113Work Product of the 176thInternational Training Course

UNAFEIREPORT OF THE COURSE
The 176th International Training Course (Online)“Achieving Inclusive Societies through Effective Criminal Justice Policies and Practices”
1. Duration and Participants• From 15 November to 9 December 2021
• 17 overseas participants from 11 jurisdictions
2. Programme Overview
Goal 16 of the 2030 Agenda for Sustainable Development (SDGs) seeks to achieve peaceful and inclusive
societies, and this training course aimed to promote the role of criminal justice in achieving such societies.
This programme offers participants an opportunity to share experiences and knowledge on (i) Effective
measures to support crime victims and (ii) Effective measures in the pre-trial, trial and sentencing stages
to prevent reoffending and facilitate offenders’ social reintegration. This programme was exclusively
conducted online due to the Covid-19 pandemic.
3. The Content of the Programme(1) Lectures
In order to maximize the effectiveness of the programme, all lectures delivered by external lecturers
in English, including their respective Q&A sessions, were conducted in a live online format. However,since the participants needed to continue their professional and family duties during the programme,
other lectures were recorded in advance and broadcast on-demand. Specifically, participants wereasked to watch on-demand video lectures and to submit their questions for the lectures via an online
learning management system. The lecturers then answered the questions during recorded Q&A
sessions that were broadcast on-demand. This way, we tried to provide both convenience andinteractivity while delivering the training on demand.
In this programme, participants also watched on-demand video lectures by UNAFEI professors on thecriminal justice system in Japan as a preliminary assignment and submitted their questions online.
In addition, the following two visiting experts from overseas and three ad hoc lecturers from Japan
were invited to share their knowledge on the theme of this training course:⃝ Visiting Experts• Ms. Vera Tkachenko
Crime Prevention and Criminal Justice Officer
United Nations Office on Drugs and Crime (UNODC)“Rethinking incarceration: Promoting partnerships to reduce reoffending”•

His Honour Judge Jonathan Cooper
Deputy Resident Judge for Cambridgeshire, United Kingdom“Community Sentences in England and Wales”⃝ Ad hoc lecturer• Mr. MUTO Issei
Assistant Director, Crime Victim Support Office
Education, Training and Welfare Division,Commissioner-General's Secretariat, National Police Agency“Crime Victim Support Provided by the Police”•

Mr. HONDA Yuichiro
Public Prosecutor
Chief, Social Reintegration Support Office
General Affairs Department, Tokyo District Public Prosecutors’ Office“Efforts of the Social Reintegration Support Office”•

Ms. TOMITA Satoko
Attorney at Law
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RESOURCE MATERIAL SERIES No. 113
Chief, International Affairs Office, Japan Legal Support Center“Japan Legal Support Center”(2) Group Work
Participants were divided into two groups based on time zones and the themes of their choice for the
Individual Presentations sessions and discussions.
 Individual Presentations
Participants shared the practices and the challenges in their respective jurisdictions regarding thetheme of the Programme through their individual presentations. All the presentations wererecorded and uploaded online for reference by participants in other groups or those who could notattend the sessions.
 Discussions
Participants had fruitful discussions on the themes of the Programme: (i) Effective measures tosupport crime victims and (ii) Effective measures in the pre-trial, trial and sentencing stages toprevent reoffending and facilitate offenders’ social reintegration.
•

Effective measures to support crime victims
The participants discussed and shared their perceptions of the differences in victim and witness
protection systems in different countries. This served as the basis for the following discussion.
In addition to the above, we shared knowledge about the system and its operation in eachcountry, including measures to prevent secondary victimization, including witness protection,
the use of victim impact statements to appropriately consider the impact of the incident on thevictim in sentencing, legal aid for victims who are particularly vulnerable and need special
consideration, such as underage victims and female victims of sexual crimes, and damage
recovery through restorative justice in each jurisdiction. The usefulness, challenges andoperation of these systems were the subject of discussion. Although the systems adopted tosupport victims differ in each jurisdiction, prevention of secondary victimization by criminal
justice actors is the first priority, and practical efforts to enable investigators and judicial officers
to treat victims in an appropriate manner, as well as the enhancement of training to realize such
efforts, are necessary to reduce the barriers for victims to report their victimization. It was also
shared that these efforts enable victims to report the damage, facilitate the investigation ofcases and enhance the cooperation of victims in conducting trials.

•

Effective measures in the pre-trial, trial and sentencing stages to prevent reoffending andfacilitate offenders’ social reintegration
As measures to reintegrate offenders into society, the legal frameworks and practices of various
jurisdictions were introduced, including alcohol and drug courts, and various educational
programmes to promote the reintegration of offenders into society. In addition, in many countries,
prisons are suffering from overcrowding, which hinders appropriate correctional education foroffenders. As the causes of overcrowding, participants shared the different problematic situations
in each jurisdiction, such as the overuse of arrest and pre-trial detention, strict bail criteria andinsufficient use of non-custodial sentencing. Then the need to improve the situation was shared.
Based on this, measures to improve practice were discussed.

(3) Action Plans
Each participant concluded the programme by presenting their own action plans based on thechallenges they identified and what they learned in the lectures, presentations by the colleagues anddiscussions.
4. Feedback from the Participants
Most of the participants said that they would have preferred to have the training in Japan because theywould have liked to visit the relevant facilities to deepen their understanding of the actual practices, andthey would have liked more time to interact with each other, including in informal situations. On the other
hand, they also commented that they were able to cultivate knowledge online.

64

REPORT OF THE COURSE
5. Comments from the Programming Officer
Although we see words and concepts such as the SDGs and inclusive society more and more, criminal
justice practitioners are not often aware of them in their daily practice. However, it is important for themto think about the nature and history of criminal justice and the direction they should aim toward in the
future by cultivating their consideration of topics that are closely related to practice. It can also serve asa milestone when dealing with difficult cases for which there are no fixed answers or when considering
the framework and operation of a new system. In this sense, this training course included a long-term
perspective toward 2030, the target year of the SDGs. I believe that this training course provided many
useful hints for our long-term vision for the next 10 years. As the programming officer of this training
course, I was exposed to a variety of ideas relating to inclusive societies, and I feel that I was able toupdate my own mindset. I hope the participants are able to utilize the knowledge gained from thistraining course for the future development of criminal justice procedures in their jurisdictions.

65PARTICIPANTS’ PAPERS
THE JUSTICE SYSTEM IN SAMOA
FOCUSING ON THE ALCOHOL AND DRUGS COURT
Veleala Mautu*

I. INTRODUCTION OF THE JUSTICE SYSTEM IN SAMOA
Samoa has a Constitutional system incorporating common law and customary laws. The Constitution is
the supreme law.1 The former systems include the German Decrees followed by New Zealand and British
laws and local ordinances and custom. The national government has three branches – the executive, thelegislature2 and the judiciary. The judiciary is divided into:(i) The Court of Appeal
The superior court of record comprising the Chief Justice and other judges of the Supreme Court andsuch other persons as are appointed by the Head of State, acting on the advice of the Judicial Service
Commission.3 In addition to the Chief Justice and the Supreme Court Judges, the government uses retired
judges from New Zealand on the bench. The Court of Appeal cases include those such as AG v Fepuleai Atila
Ropati [2019],4 which is a case in which the defendant was not satisfied with the decision and decided toappeal the decision made by the Supreme Court for a further decision by the Court of Appeal.
(ii) The Supreme Court
The Head of State appoints the Chief Justice on the advice of the Prime Minister; other judges areappointed by the Head of State acting on the advice of the Judicial Service Commission.5 The Supreme Court
has jurisdiction over offences for which the penalty is life imprisonment or more than ten (10) years’
imprisonment,6 such as the murder case Police v Uimaitua Papalii Samuleu [2020] 7 and civil claims such as
Chan Mow Company Ltd v Tuilimu Tili Tiavaasue [2018].
(iii)	 District Court
The District Court is established pursuant to the Constitution and governed by the Magistrate's Court
Act 1969. The jurisdiction deals with offences for which the penalty is not more than seven (7) years. The
District Court consists of the Family Court and the Family Violence Court,8 the Alcohol and Drugs Court,
the Youth Court9 and the Coroners Court.10 The Family Court usually involves a disagreement between
family members or extended family members, for instance, the case of Police v Leaitua Taua Falefitu
Toeoaana and Faumuina Taimane Afamagasa [2016] ,11 where the defendants exchanged words and createdtension, but they are family members. The Family Violence Court is, thus, different from the Family Court.
A Family Violence Court case Police v Pai Mulitalo [2020] is a case in which the defendant assaulted hiswife.
* Senior Officer - Supreme Court, Civil & Criminal Court Division, Ministry of Justice, Courts & Administration, Independent
State of Samoa.
1Constitutional Convention of Samoa 1960 s.39.
2
Executive – cabinets, legislative – parliament.
3
Constitution of the Independent State of Samoa art.75.
4
AG v Ropati [2019] WSCA 2 (15 April 2019) accessed 10 Nov. 2021.
5
Constitution of the Independent State of Samoa art.65.
6
Crimes Act 2013, s.103.
7
Police v Samuelu [2020] WSCA 1 (5 August 2020) > accessed 10 Nov. 2021.
8
Family Safety Act 2013.
9Young Offenders Act 2007.
10
Coroners Act 2017.
11
Police v Toeoaana [2016] WSFC 1 (19 February 2016), accessed 10 Nov. 2021.

67

RESOURCE MATERIAL SERIES No. 113(iv) Fa'amasinoga Fesoasoani Court
This court was established by the Magistrate's Court Act 1969. This court deals with offences for which
the penalty in not more than one (1) year’s imprisonment. It usually hears matters with the lowest punishment
and civil claims of not more than $2000.00SAT. It rarely orders imprisonment unless the accused is a repeat
offender.
(v) Land & Titles Court
It deals with all court cases on customs and traditions and including all matai titles and customary landmatters.12(vi) Fono13
Village Councils deal exclusively with village affairs such as culture, customs and traditions and including
all customary land matters.14

II. SAMOA ALCOHOL AND DRUGS COURT
The Alcohol and Drugs Court was first introduced in the Court System of Samoa in February 2016 andwas presided over by Her Honour Justice Emma Atiken from New Zealand. When Her Honour Justice
Atiken left Samoa, her replacement was the first ever female Justice in the judiciary of Samoa, Her Honour
Justice Tuatagaloa. The Court was adopted from the same type of Court in New Zealand. It has been five(5) years since the Alcohol and Drugs Court came to be in the justice system of Samoa, and it is a milestone
for Samoa. The Alcohol and Drugs Court is a specialized court designed to supervise offenders whose
offending is driven by their alcohol or drug dependency. The desired outcomes of the ADC pilot are to:reduce alcohol and drug consumption and dependency, reduce reoffending, reduce the use of imprisonment
and to positively impact on health and well-being. Alcohol and Drug related offences with defendants having
exceeded a higher reading of an alcohol and drug evidential breath test were referred for an ADC report on
their suitability to join the programme. The Defendant is to enter a guilty plea and is likely to have committed
the offence under the influence of or in pursuit of alcohol or drugs15 to qualify for this rehabilitation programmesuch as in the case of Police v Talagata Salesa [2016]. It is also noted that defendants with previous
convictions are also admitted into the programme if they have never been given the chance to attend andparticipate in the ADC Programmes such as in the case of Police v Leuma Sakalaka [201916]. It is compulsory
that legal representation is provided for the defendant all throughout participation in the ADC programme.
The cases of Police v Ropati Tiatia [2016] and Police v Faatui Faamoemoe [2016] are examples of participants
represented by counsel throughout their participation in the Alcohol and Drug Court programmes.
A. Alcohol and Drugs Court Programmes
The ADC programmes are carried out by the Case Manager, Clinician and Probation Officers. The
programmes consist of life changing, spiritual, physical and mental health as well as customs and values of
Samoa. The programmes are carried out for three (3) months or twelve (12) weeks with thirty-six (36)sessions. Participants must attend all 36 sessions in order to graduate and complete their sentence from thecourt. If the participant(s) fully complete the programme and comply with the court conditions, the sentence
imposed is always a supervision term. The supervision term depends on the offending and lapses if any
reoffending occurs. So far, the Alcohol and Drugs Court has sentenced some of the participants to a conviction
and discharge. The following are some of the session topics:
•
•
•
•
12

Fonofale Model
Wheel of Change
Aganuu & Tulafono (Culture and Law)
Keep Improve Stop Start Action Plan (KISS Action Plan)

Land and Titles Act 1981.
Fono – village council consisting of titled men including the chiefs.
14
Village Fono Act 1990.
15
Eligibility Checklist [2016] WSADCLRes 2 (27 October 2016), accessed 10 Nov. 2021.
16
Unreported case of 2019.
13

68

PARTICIPANTS’ PAPERS•••

Lifestyle Imbalance
Spiritual – Alcohol & Drugs conduct by Rev Ututau Sio
Talking Therapy and etc.

The programmes discuss reasons why participants commit the crimes that they are charged with andsolutions to their habits of either drinking or narcotics.
B. Limited Opportunities and Shortages
Below are some of the problems faced by the court:• Shortage of Probation Officers manning the programme.
• Greater need for psychological and other relevant consultants to provide trainings and mobilize theparticipants in their weekly sessions.
• Inability to secure and confirm appropriate and suitable Community Justice Supervisors.
• Travelling costs to attend training by the defendant are seen as a downside. Some participants wereunable to participate in programmes due to the lack of money for bus fares as they are from remotevillages.
• Legal representation does not extend to regular visits to check the welfare and how the defendant is
progressing in the ADC Programme as counsel only consults with the participant in court.
• Some participants are unable to complete programmes due to family environment. In the case of
Police v Sakaio Misa Laki [2021],17 the defendant was unable to complete programmes due to a family
issue with parents or legal guardians.
• There are not so many rehabilitative programmes to assist defendants before and after sentencing.
Currently in Samoa, the Salvation Army18 is the only group that offers programmes for defendants in
the Supreme Court apart from the Alcohol and Drugs Court programmes. Men and women’s advocacy
deals with counselling for men and women in the Family Court and Teen Challenge programmes forthe young offenders. There is no programme(s) offered for defendants already serving their time inprison or on parole.
• Not all defendants are eligible for legal representation. In the Supreme Court, only the suspects who
are accused of serious offences, such murder, sexual connection, possession of methamphetamine andetc., for which penalties are life imprisonment, are eligible for legal representation, for instance, Policev Pitoitua Aloese & ors [2021] ,19 where the defendants were charged with methamphetamine, they
were all represented under the legal aid scheme. And as for the case Police v Ioapo Pio Tulaga[2009],20 the defendant was charged with possession of narcotics, and also he was unrepresented.
• There are situations where a defendant needs more than a rehabilitation programme. His/her needs
are not met at the ADC. People with relevant expertise are needed in these programmes. In addition,
the programmes should extend their duration just to monitor the attitude and behaviour of the
defendants.
C. Solution
To overcome these challenges, it is necessary to increase the ADC budget to accommodate the shortageof appropriate staff, pay for more legal representation hours outside of the courtroom, for regular visits inassessment rooms, as indicated earlier; Offer legal representation to all the suspects in order to exercise theirfundamental Right to Fair Trial21 – not only suspects of more serious offending and young offenders but toanyone accused of a crime.
The solid support from village mayors, church ministers, village representatives and especially family isnecessary in order for participants to reduce reoffending, and the operation of community business to occupy
defendants and parolees’ time to avoid anti-social peers and drinking, which ends up in committing crimes.
If an effective case management system is provided and the courts’ administrative processes become
faster and more efficient with the help of advanced technology, then it may enhance judicial efficiency and17

Unreported case of 2021.
A Christian group offering programmes in alcohol related offending and counselling.
19
Police v Aloese [2021] WSSC 14 (31 March 2021) accessed 10 Nov. 2021.
20
Police v Tulaga [2009] WSSC 44 (20 April 2009) accessed 10 Nov. 2021.
21
Constitution of the Independent State of Samoa, art. 9.
18

69

RESOURCE MATERIAL SERIES No. 113
effectiveness. If the fast-track court is modernized with advanced technology, human resources and thestakeholders realized their responsibility, then it would be easy to take adequate measures to ensure speedy
trial. It is possible only due to effective management systems which will continually review and keep trackof cases in order to assure the effectiveness and efficiency of the procedure and processes.

70

ADOPTION OF MODERN TECHNOLOGICAL MECHANISMS AND
MEASURES TO MINIMIZE SECONDARY VICTIMIZATION PREVAILING
IN THE CRIMINAL JUSTICE SYSTEM OF SRI LANKA
WITH EMPHASIS ON THE COURT SYSTEM
Udara Karunatilaka*

I. INTRODUCTION
A. An Overview of the Criminal Justice System of Sri Lanka
The criminal justice system of Sri Lanka is based on English Common Law and the adversarial system.
The Sri Lankan Court system is established by the Constitution.1 The Supreme Court of Sri Lanka is the
apex court of the country and is the final court of appeal. The Magistrate Court and the High Court/
Provincial High Court are the courts of first instance, which exercise criminal jurisdiction. The Court ofAppeal of Sri Lanka is vested with the appellate, revisionary jurisdiction and of judicial review. It is the firstcourt of appeal in respect of the criminal matters tried in the High Court/Provincial High Court. On the other
hand, the Provincial High Court enjoys appellate and revisionary jurisdiction in respect of criminal matters
tried in the Magistrate Court, apart from the normal criminal jurisdiction in relation to graver crimes.
The Code of Criminal Procedure Act2 is the main procedural law in relation to all criminal matters, while
the Penal Code of Sri Lanka sets out all the Common Law Offences,3 their interpretations and punishments.
In addition, there are a number of other statutes which lay down specific offences in relation to various otherareas, inter alia, bribery, narcotics, money-laundering, terrorism and terrorist financing, computer crimes,
torture, hate speech4 etc.
B. The Process Which the Victim Encounters
A victim of a crime has to invoke the system by lodging a complaint with the local police. If the victim
has been subjected to either violence or sexual attacks, he/she would be referred to a forensic medical
examiner apart from being treated at a hospital. If the perpetrator is unknown to the victim, he/she has toparticipate in an identification parade held by the magistrate.5 If the necessity arises, the victim will beobserved and taken into custody by the probation services. If the offence is either attempted murder or rape,the victim has to testify before the magistrate in an inquiry to ascertain whether it is a fit case to be triedin the High Court; thereafter, such victim has to testify at trial before a High Court in a case based on anindictment.6* State Counsel, Criminal Division, Attorney General's Department, Democratic Socialist Republic of Sri Lanka.
1
Chapter XV, The Constitution of the Democratic Socialist Republic adopted in 1978 - https://www.lawnet.gov.lk/.
2
Act No 15 of 1979 as amended.
3
https://www.lawnet.gov.lk/.
4
Ibid [3].
5S.124, The Code of Criminal Procedure Act No 15 of 1979.
6
Chapter XV, The Code of Criminal Procedure Act No 15 of 1979; Chapter XVIII, The Code of Criminal Procedure Act No
15 of 1979.

71

RESOURCE MATERIAL SERIES No. 113

II. CURRENT STATUS OF INFRASTRUCTURE/SYSTEM
A. Police Station
There are 432 police stations in the country.7 The victims of crime, particularly bodily crimes, have to go
to the local police station to lodge the complaint. However, there are instances where police officers visit a
victim who would be admitted to a hospital following such violence.8 The ordinary set up of a local police
station is highly adversarial to a victim of a crime, especially to a female or child victim.
B. The Hospital
Health care in Sri Lanka is fully free, which is a huge relief for victims. In most of the hospitals there areunits of forensic examination with specialists. However, the attitudinal prejudices of the caregivers andconstant and repeated inquiries of the traumatic event have plagued the system. Further, there is a dearthof victim support services including psychological support in the early stages of the process.
C. The Courts
There were 33 High Courts/Provincial High Courts and 200 Magistrate’s Courts in Sri Lanka by the endof 2019.9 There is at least one High Court and 3-5 Magistrate’s Courts per administrative district.10 The
average number of cases pending in a High Court was 760.45 by the end of 2019, Colombo High Court being
top and having 3,674 cases.11 The annual average of new criminal institutions is 589.36, and the annual
average of disposals is 396.60.12 Cases of common violence, child abuse and narcotics are the predominantcrimes that prevail in the High Courts. The average number of cases pending in a Magistrate Court was
7,500 by the end of 2019, Colombo Magistrate’s Court being top and having 29,942 cases.13 The annual
average of new criminal institutions is 12,500 and annual average of disposals is 10,000.14 Non-grievous
violence, illicit liquor, road traffic violations and drug-related crimes being the most common. In a survey
done in 2017, it was found that it takes 10.5 years to conclude a trial in the High Court and another 7 years
to conclude the appeal. It takes 3-5 years for a trial in the Magistrate’s court to conclude.
D. The Building Facilities
The annual budgetary allocation [for 2022] for the Ministry of Justice is Rs 13.9 billion [$ 69.5 million]
which is 3.74 per cent of the total national expenditure.15 This lack of funding has been a major obstacle tothe advancement of the criminal justice system. The result is the court system is saddled with outdated
infrastructure and old systems.

7

https://www.police.lk/index.php/police-history.
S.122, The Code of Criminal Procedure Act No 15 of 1979.
9
Statistics-Reports and Data-Ministry of Justice – Sri Lanka-https://www.moj.gov.l.
10
There are 25 Administrative Districts and 9 Provinces in Sri Lanka.
11
Ibid [10].
12Ibid [10].
13
Ibid [10].
14
Ibid [10].
15
www.treasury.gov.lk › documents › budget.
872

PARTICIPANTS’ PAPERS
The layout of an ordinary courthouse is shown in picture 1.
Picture 1

A. Court House
1.
2.
3.
4.
4a.
5.
6.
7.
8.
9.
10.
11.
12.
13.

Judge’s ChamberState Prosecutor’s Chamber
Judges Bench
Interpreter of the Court
Stenographer
State Prosecutor’s Desk
Bar Table
State Witnesses
Public Officials
Witness’s Stand
Accused’s Dock
Lock Up for the Remanded Accused
Public Gallery
Court of the Office

B. Probation Office
C. Community Corrections Office
Following Pictures of several Court Houses across Sri Lanka,
Old Buildings and newly built Court Complexes.

Picture 2
Magistrate’s Court,
Panadura, [Old building][Western Province],

Picture 4
Magistrate’s Court, .
Ampara [Eastern Province] [Old building]

Picture 3
Magistrate’s Court, .
Kaduwela [Colombo Suburb], [Old building]

Picture 5
Magistrate’s Court, .
Ampara [Eastern Province] [Old building]73

RESOURCE MATERIAL SERIES No. 113

Picture 6
High Court, .
Ampara [Eastern Province] [Old building]

Picture 7
High Court, .
Kandy [Central Province] [Newly built complex]

Picture 8
High Court, Homagama [Colombo Suburb] .
[Newly built Court complex]

Picture 9
High Court, Homagama [Colombo Suburb] .
[Newly built Court complex]

Picture 10
Magistrate’s Court, Kandy [Central Province][Newly built Court Complex]

Picture 11
Magistrate’s Court, Kandy [Central Province][Newly built Court Complex]

74

PARTICIPANTS’ PAPERS

Picture 12
Magistrate’s Court, Homagama [Colombo Suburb][Newly built Court complex]
Since the courthouses, as depicted, are single buildings, they only house the structures shown in the layout. Thus, there are no separate waiting rooms for a victim to stay. There is hardly any space or facilities totake a matter in camera, and the judge has to oust the general public from the courthouse to take such
evidence of a victim. However, the lawyers and the court officers still remain inside, such victim would
anyway have to undergo the stigma again and again when the proceedings happen even in camera. Most of
the courthouses need urgent reconstruction at least to have basic amenities for the people who come tocourt, including the victims.
E. The Procedural Systems in Place
The criminal justice system of the country is still paper based and is not digitalized. Not even is there an
integrated system linking all the police stations in the country. When it comes to the courts of the country,
there is a lack of facilities for a victim who has to participate in an identification parade at the early stage ofthe process. Though the law provides for such identification from a hidden place,16 there is no such facility
anywhere in the country. The victim has to face inquiries of personal intimacies in relation to the crime byan acting magistrate [mostly a counsel who regularly appears in the same court] in front of possible suspects
and a number of outsiders who would stand in the parade. There is no facility for identification via video link
as there is no comprehensive law which governs the use of digital means in the procedure. When it comesto the pre-trial procedure of cases of rape or attempted murder, the victim has to tender preliminary
testimony. In trial before a High Court, the victim has to testify again and be subjected to cross-examination.
There are no shorthand-typing machines in courts, and the task is done by a stenographer who has to typethe proceedings which she has recorded manually.17 This process has become cumbersome and contributed
hugely to the inordinate delay. There is no procedure or facilities to video record the testimony in court
proceedings which resulted in the victim facing continues secondary victimization when the victim is recalled
to testify due to various reasons. Child victims, too, have to undergo the same distressful court procedure,
which is normally an adverse milieu. There is no witness support service or person who would guide andfamiliarize such a witness with the court and its procedure. Further, there are no set procedures or facilities
to obtain such evidence from a remote location. In addition, a victim faces a great difficulty in obtaining freelegal representation.
F. The Effects of Secondary Victimization and Its Effects on the Criminal Justice System
The effect of incessant secondary victimization is that the victims are extremely reluctant to participate
in the criminal justice system, which has led the people to resort to extra judicial methods like burning
vehicles after road traffic accidents. Due to the extreme delays of the proceedings, the victims have lostinterest in tendering testimony and, more often than not, do not want to testify in view of the fact that it
might jeopardize his/her present life. The reluctance on the part of victims of organized crimes has plagued
the system due to non-availability of an effective witness protection scheme, which resulted in the State’s
16

Ibid [5].
As shown in picture 10, still the proceedings are typed using old typewriters in most of Magistrate’s Courts across thecountry.
17

75

RESOURCE MATERIAL SERIES No. 113
failure to curb organized crimes.18

III. ATTEMPTS TO REFORM
Sri Lanka has made several attempts to address the issue of secondary victimization by introducing newlegislation. The law was amended to introduce video recording of a child victim’s statement to be used in the
court proceedings.19 However, lack of facilities has made the provision almost obsolete. Further, the childvictim still has to undergo cross-examination by the accused’s counsel. Introduction of Assistance to andProtection of Victims and Witnesses Act No. 4 of 201520 has provided for the establishment of a National
Authority to provide for a witness protection scheme and financial assistance to victims.
However, still there is no effective mechanism even by the Authority to reach the majority of the victims.
A victim support service is not established even under the Act, which is a main setback. Sri Lanka hasrecognized the victims’ rights including the right to legal representation under the Act. However, there areno schemes put in place to effectively implement such rights. Legal provisions for compensation of the victim
have been introduced to the country with a focus on developing a system of restorative justice. However,
the archaic attitudes of the judges of the High Court and Magistrates, inter alia, that their courts are mainlyfor punitive purposes and not for restorative purposes and that for restoration, a victim has to initiate civil
litigation, have defeated the very purpose of such schemes of restorative justice.21

IV. THE SYSTEMS ADOPTED BY OTHER COUNTRIES
A. Australia
Australia has developed a comprehensive victim support system which is based on state legislation,
among other things, to minimize revictimization.22 Obtaining testimonies via video link, obtaining childvictim’s evidence from a remote place where the child is familiarized with the court proceedings, without
being subjected to adverse surroundings of the well of the court23 have been in existence. Development of
the office of the Victim Liaison Officer and the office of the Sexual Assault Officer have clearly led to thestrengthening of victims. The duration of a trial before a Magistrate of Australia is 13 to 52 weeks, and same
duration would apply to the 80% of cases in Higher Courts.24
B. Japan
From 2000, with the introduction of the Victims’ Statement of Opinion to the Japanese Code of Criminal
Procedure,25 following the Kobe Murder in 1997,26 Japan has started focusing more on victim participation in
the criminal justice system. The Basic Act on Crime Victims of 200527 has provided for a legal regime forthe new victim participatory scheme. Since the system is mainly based on examination of testimony without
leading evidence with cross-examination, the criminal trials are concluded in 2.7 to 9.2 months.28 Secondary
victimization is minimized since the victim is not subjected to cross-examination.

18

Author’s experience of 15 years as the prosecutor in 20 districts including the capital city of the country.
S.163A, Evidence Ordinance of Sri Lanka.
20
https://www.lawnet.gov.lk/
21
Ibid [18].
22https://victimsupport.org.au
23
Author’s experience gathered during training programme conducted in Melbourne County Court-Complex; https://
mypolice.qld.gov.au/news/2021/10/21/sexual-violence-liaison-officers-to-be-established-state-wide & https://police.act.gov.au/
sites/default/files/PDF/Victims-of-crime-booklet-September-2013.pdf
24https://www.aic.gov.au/sites/default/files/2020-05/rpp074.pdf
25
http://www.japaneselawtranslation.go.jp/law/detail/?id=3364&vm=02&re=02 & https://www.cairn.info/revue-   internationale-de-droit-penal-2011-1-page-245.htm
26
https://repository.uchastings.edu/cgi/viewcontent.cgi?article=2215&context=faculty_scholarship27
https://www.justice.gov.za/vc/docs/international/2005_JAPAN.pdf
28
https://www.moj.go.jp/EN/hisho/kouhou/20200120enQandA.html
1976

PARTICIPANTS’ PAPERS
C. United Kingdom
The Victim support system in the United Kingdom is governed by the Victims Code.29 The National
Crime Agency30 provides many complex services to victims like Witness Care Officers, victim supporting
teams which would provide the required support and protection to the victims that in turn empowers him/
her to stand against injustice. Her Majesty’s Court and Tribunal Service [HMCTS–Digital Platform]31 hasbrought the court services closer to the public, and victims, too, have benefitted. Kinly Cloud Video Platform(CVP)32 has taken the trial proceedings to a new level from mere video linkage. Speaking to Witnesses at
Court guidance,33 The Citizens' Advice Court Based Witness Service,34 Independent Sexual Violence Advisors(ISVA)35 and Independent Domestic Violence Advisors (IDVA)36 are some of the other victim support services
available in the United Kingdom.

V. HOW TO APPLY THE SYSTEMS IN SRI LANKA
Development hitherto had happened without a role model in an ad hoc manner which resulted in creating
the same old structures without any changes. This is evident by the pictures No 7-12, which show the newly
built courthouses in Kandy and Homagama containing the same old structures akin to the rest of thecourthouses built 50-75 years ago. The dire economic situation of the country is a major challenge.
Lack of awareness among the policymakers as to the goals which need to be achieved and the means ofachieving them is another challenge. Hence, the development of a role model, based on the United Nations
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power37 is essential. The
infrastructure and the system development must be implemented after creating a role model. Introductionof new architectural designs for courthouses with designated infrastructure to reduce the encounters
between the victim and the perpetrator, with facilities to basic amenities and sanitation, with witness waiting
rooms and support staff, based on such role model, is important. Introducing comprehensive procedural
legislation for the use of digital and electronic methods in procedure is crucial as a start. Digitalization ofproceedings, obtaining evidence of victims from remote location via a video link has to be developed basedon such legal regime. Development of victim support services with victim support officers and victim liaison
officers is another essential step. Shifting from a punitive justice system to a restorative justice system wherea victim can obtain adequate compensation without a need to resort to civil litigation is another major goal
which will minimize secondary victimization. Orienting towards local and foreign grants, as well as technicaland advisory assistance, is critical since Sri Lanka lacks such knowledge and capital.
With such developments, the purpose of minimizing secondary victimization can be achieved since such
efforts would reduce the litigation time and the victim’s encounter with the rigours of the criminal justicesystem.

29

https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime
https://nationalcrimeagency.gov.uk/
31
HM Courts & Tribunals Service -GOV.UK- https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
32
 https://www.kinly.com/solutions/digital-workplace/kinly-cloud, .
https://www.governmentcomputing.com/criminal-justice/news/hmcts-kinly-cloud-video-platform/
33
https://www.criminalbar.com/files/download.php?m=documents&f=160627063558- SpeakingtoWitnessesatCourtguidanceM
ar16.pdf
34
https://www.citizensadvice.org.uk/about-us/about-us1/citizens-advice-witness-service/about-the-citizens- advice-witness35
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/647112/The_Role_of_
the_Independent_Sexual_Violence_Adviser_-_Essential_Elements_September_2017_Final.pdf
36
https://saferfutures.org.uk/our-programmes/idva/
37
https://www.ohchr.org/en/professionalinterest/pages/victimsofcrimeandabuseofpower.aspx
30

77

RESOURCE MATERIAL SERIES
No. 113APPENDIX

UNAFEI

PHOTOGRAPHS
THE 23RD UNAFEI UNCAC TRAINING PROGRAMME81

RESOURCE MATERIAL SERIES No. 113

THE 175TH INTERNATIONAL TRAINING COURSE

82

PHOTOGRAPHS

THE 176TH INTERNATIONAL TRAINING COURSE

Visiting Expert: Ms. Vera Tkachenko

83

RESOURCE MATERIAL SERIES No. 112

RESOURCE MATERIAL SERIES INDEX
Vol.

Course No.

Course Dates

1

Public Participation in Social Defence

25

Sep-Dec 1970

2

Administration of Criminal Justice26

Jan-Mar 1971

3

[Corrections]27

Apr-Jul 1971

[Police, Prosecution and Courts]

28

Sep-Dec 1971

Social Defence Planning

29

Feb-Mar 1972

Treatment of Crime and Delinquency

30

Apr-Jul 1972

United Nations Training Course in Human Rights in the
Administration of Criminal Justicen/a

Aug-Sep 1972

Administration of Criminal Justice31

Sep-Dec 1972

4
5
6

Training Course Name

Reform in Criminal Justice32

Feb-Mar 1973

Treatment of Offenders

33

Apr-Jul 1973

7

[Administration of Criminal Justice]34

Sep-Dec 1973

8

Planning and Research for Crime Prevention

35

Feb-Mar 1974

Administration of Criminal Justice36

Apr-Jun 1974

International Evaluation Seminar37

Jul 1974

Treatment of Juvenile Delinquents and Youthful Offenders

38

Sep-Nov 1974

The Roles and Functions of the Police in a Changing Society

39

Feb-Mar 1975

9
10

Treatment of Offenders

40

Apr-Jul 1975

NB: Resource Material Series Index, Nos. 1-10 (p. 139)n/a

Oct 1975

11

Improvement in the Criminal Justice System

41

Sep-Dec 1975

12

Formation of a Sound Sentencing Structure and Policy

42

Feb-Mar 1976

Treatment of Offenders

43

Apr-Jul 1976

13

Exploration of Adequate Measures for Abating and Preventing
Crimes of Violence

44

Sep-Dec 1976

14

Increase of Community Involvement

45

Feb-Mar 1977

Treatment of Juvenile Delinquents and Youthful Offenders

46

Apr-Jul 1977

Speedy and Fair Administration of Criminal Justice47

Sep-Dec 1977

Prevention and Control of Social and Economic Offences48

Feb-Mar 1978

Report of United Nations Human Rights Training Coursen/a

Dec 1977

Treatment of Offenders

49

Apr-Jul 1978

Dispositional Decisions in Criminal Justice Process50

Sep-Dec 1978

Treatment of Dangerous or Habitual Offenders

51

Feb-Mar 1979

Community-Based Corrections

52

Apr-Jul 1979

18

Roles of the Criminal Justice System in Crime Prevention

53

Sep-Dec 1979

19

Arrest and Pre-Trial Detention

54

Feb-Mar 1980

Institutional Treatment of Adult Offenders

55

Apr-Jul 1980

Institutional Treatment of Adult Offenders

55

Apr-Jul 1980

Integrated Approach to Effective and Efficient Administration of
Criminal Justice56

Sep-Nov 1980

15

16
17

20

NB: Resource Material Series Index, Nos. 1-20 (p. 203)
21

84

Crime Prevention and Sound National Development

Mar 1981
57

Feb-Mar 1981

APPENDIX

Integrated Approach to Effective Juvenile Justice Administration(including Proposed Guidelines for the Formulation of theStandard Minimum Rules for Juvenile Justice Administration: A
draft prepared by UNAFEI on the basis of the reports of thestudy groups at the 58th International Training Course)

58

May-Jul 1981

Contemporary Problems in Securing an Effective, Efficient andFair Administration of Criminal Justice and Their Solutions

59

Feb-Mar 1982

Securing Rational Exercise of Discretionary Powers at
Adjudication and Pre-adjudication Stages of Criminal Justice
Administration

60

Apr-Jul 1982

23

Improvement of Correctional Programmes for More Effective
Rehabilitation of Offenders

61

Sep-Nov 1982

24

Promotion of Innovations for Effective, Efficient and Fair
Administration of Criminal Justice62

Feb-Mar 1983

Community-Based Corrections

63

Apr-Jul 1983

The Quest for a Better System and Administration of Juvenile
Justice64

Sep-Dec 1983

Documents Produced during the International Meeting of Expertson the Development of the United Nations Draft Standard
Minimum Rules for the Administration of Juvenile Justicen/a

Nov 1983

International Cooperation in Criminal Justice Administration

65

Feb-Mar 1984

Promotion of Innovation in the Effective Treatment of Prisoners
in Correctional Institutions

66

Apr-Jul 198427

An Integrated Approach to Drug Problems

67

Sep-Dec 1984

28

Contemporary Asian Problems in the Field of Crime Prevention
and Criminal Justice, and Policy Implications

68

Feb-Mar 1985

Report of the Fifth Meeting of the Ad Hoc Advisory Committeeof Experts on UNAFEI Work Programmes and Directions

n/a

Mar 1985

Report of the International Workshop on the Role of Youth
Organizations in the Prevention of Crime Among Youthn/a

Jul 1985

Follow-up Team for Ex-Participants of UNAFEI Courses

n/a

Dec 1985

Community-Based Corrections

69

Apr-Jul 1985

29

In Pursuit of Greater Effectiveness and Efficiency in the Juvenile
Justice System and Its Administration70

Sep-Dec 1985

30

Promotion of Innovation in Criminal Justice Administration for
the Prevention of New Criminality

71

Feb-Mar 1986

The Quest for Effective and Efficient Treatment of Offenders in
Correctional Institutions

72

Apr-Jul 1986

Economic Crime: Its Impact on Society and Effective Prevention73

Sep-Nov 1986

Report of the International Seminar on Drug Problems in Asiaand the Pacific Regionn/a

Aug 1986

Advancement of Fair and Humane Treatment of Offenders andVictims in Criminal Justice Administration74

Feb-Mar 1987

Non-institutional Treatment of Offenders: Its Role andImprovement for More Effective Programmes

75

Apr-Jun 1987

Evaluation of UNAFEIʼs International Courses on Prevention of
Crime and Treatment of Offenders, and Drug Problems in Asia

76

Aug-Sep 1987

Crime Related to Insurance77

Oct-Dec 1987

22

25

26

31

32

33

85

RESOURCE MATERIAL SERIES No. 112

Report of the Sixth Meeting of the Ad Hoc Advisory Committeeof Experts on UNAFEI Work Programmes and Directionsn/a

Sep 1987

Report of the Workshop on Implementation Modalities for the
Twenty-Three Recommendations Adopted by the International
Seminar on Drug Problems in Asia and the Pacific Regionn/a

Sep 1987

Footprints, Contemporary Achievements and Future
Perspectives in Policies for Correction and Rehabilitation of
Offenders78

Feb-Mar 1988

Search for the Solution of the Momentous and Urgent Issues inContemporary Corrections

79

Apr-Jul 1988

Resolution of the Asia and Pacific Regional Experts Meetingn/a

Mar 1988

Report of the Meeting of Experts on the United Nations Draft
Standard Minimum Rules for Non-Custodial Measures (TheTokyo Rules)n/a

Jul 1988

35

Quest for Effective International Countermeasures to Pressing
Problems of Transnational Criminality

80

Sep-Nov 1988

36

Advancement of the Integration of Criminal Justice
Administration

81

Feb-Mar 1989

Innovative Measures for Effective and Efficient Administration of
Institutional Correctional Treatment of Offenders

82

Apr-Jul 1989

Report of the Expert Group Meeting on Adolescence and Crime
Prevention in the ESCAP Regionn/a

Aug 1989

Crime Prevention and Criminal Justice in the Context ofDevelopment83

Sep-Nov 1989

International Workshop on Victimology and Victimʼs Rights

n/a

Oct 1989

Policy Perspectives on Contemporary Problems in Crime
Prevention and Criminal Justice Administration

84

Jan-Mar 1990

Wider Use and More Effective Implementation of Non-custodial
Measures for Offenders

85

Apr-Jun 1990

39

Search for Effective and Appropriate Measures to Deal with the
Drug Problem

86

Sep-Dec 1990

40

Development of an Effective International Crime and Justice
Programme

87

Jan-Mar 1991

Institutional Treatment of Offenders in Special Categories

88

Apr-Jul 1991

NB: Resource Material Series Index, Nos. 21-40 (p. 333)

n/a

n/a

41

Effective and Innovative Countermeasures against Economic
Crime

89

Sep-Dec 1991

42

Quest for Solutions of the Pressing Problems of Contemporary
Criminal Justice Administration

90

Jan-Feb 1992

Further Use and Effectual Development of Non-Custodial
Measures for Offenders

91

Apr-Jul 1992

Quest for Effective Methods of Organized Crime Control

92

Sep-Nov 1992

34

37

38

43
44

Policy Perspective for Organized Crime Suppression

93

Feb-Mar 1993

Current Problems in Institutional Treatment and Their Solution

94

Apr-Jul 199345

Effective Countermeasures against Crimes Related to
Urbanization and Industrialization—Urban Crime, Juvenile
Delinquency and Environmental Crime95

Sep-Dec 1993

46

Promotion of International Cooperation in Criminal Justice
Administration

96

Jan-Mar 1994

86

APPENDIX

Effective Treatment of Drug Offenders and Juvenile Delinquents

97

Apr-Jul 1994

47

Economic Crime and Effective Countermeasures against It

98

Sep-Dec 1994

48

The Effective Administration of Criminal Justice: Public
Participation and the Prevention of Corruption

99

Jan-Mar 1995

The Institutional Treatment of Offenders: Relationships with
Other Criminal Justice Agencies and Current Problems in
Administration

100

Apr-Jul 1995

49

The Fair and Efficient Administration of Criminal Justice: The
Proper Exercise of Authority and Procedural Justice101

Sep-Dec 1995

50

Crime Prevention through Effective Firearms Regulation

102

Jan-Mar 1996

51

Improvement of the Treatment of Offenders through theStrengthening of Non-custodial Measures

103

Apr-Jul 1996

International Cooperation in Criminal Justice Administration

104

Sep-Nov 1996

The Effective Administration of Criminal Justice for thePrevention of Corruption by Public Officials

105

Jan-Feb 1997

The Quest for Effective Juvenile Justice Administration

106

Apr-Jul 1997

The Role and Function of Prosecution in Criminal Justice107

Sep-Nov 1997

The Ninth Meeting of the Ad Hoc Advisory Committee ofExperts on UNAFEI Work Programmes and Directionsn/a

Oct 1997

Current Problems in the Combat of Organized Transnational
Crime

108

Jan-Feb 1998

Effective Treatment Measures for Prisoners to Facilitate Their
Reintegration into Society

109

Apr-Jul 1998

Effective Countermeasures against Economic and Computer
Crime

110

Aug-Nov 1998

The Role of Police, Prosecution and the Judiciary in the Changing
Society111

Jan-Feb 1999

Participation of the Public and Victims for More Fair andEffective Criminal Justice112

Apr-Jul 1999

The Effective Administration of Criminal Justice for thePrevention of Corrupt Activities by Public Officials

113

Aug-Nov 1999

International Cooperation to Combat Transnational Organized
Crime—with Special Emphasis on Mutual Legal Assistance andExtradition

114

Jan-Feb 2000

Current Issues in Correctional Treatment and Effective
Countermeasures

115

May-Jun 2000

Effective Methods to Combat Transnational Organized Crime in
Criminal Justice Processes

116

Aug-Nov 2000

Current Situation and Countermeasures against Money
Laundering

117

Jan-Feb 2001

Best Practices in the Institutional and Community-Based
Treatment of Juvenile Offenders

118

May-Jul 2001

Current Situation of and Countermeasures against Transnational
Organized Crime

119

Sep-Nov 2001

60

Effective Administration of the Police and the Prosecution in
Criminal Justice120

Jan-Feb 2002

61

Enhancement of Community-Based Alternatives to Incarceration
at all Stages of the Criminal Justice Process

121

May-Jul 2002

52
53

54

55

56

57

58

59

87

RESOURCE MATERIAL SERIES No. 112

62

The Effective Administration of Criminal Justice to Tackle
Trafficking Human Beings and Smuggling of Migrants

122

Sep-Oct 2002

63

The Protection of Victims of Crime and the Active Participationof Victims in the Criminal Justice Process Specifically
Considering Restorative Justice Approaches

123

Jan-Feb 2003

64

The Effective Prevention and Enhancement of Treatment for
Drug Abusers in the Criminal Justice Process

124

Apr-Jun 2003

65

Effective Countermeasures against Illicit Drug Trafficking andMoney Laundering125

Sep-Oct 2003

Sixth International Training Course on Corruption Control in
Criminal Justice

6th UNCAC

66

Economic Crime in a Globalizing Society—Its Impact on theSound Development of the State

126

Jan-Feb 2004

67

Implementing Effective Measures for the Treatment of Offenders
after Fifty Years of United Nations Standard Setting in Crime
Prevention and Criminal Justice127

May-Jun 2004

Measures to Combat Economic Crime, Including Money
Laundering

128

Aug-Oct 2004

68

Crime Prevention in the 21st Century—Effective Prevention of
Crime Associated with Urbanization Based upon Community
Involvement and Prevention of Youth Crime and Juvenile
Delinquency

129

Jan-Feb 2005

69

Integrated Strategies to Confront Domestic Violence and Child
Abuse

130

May-Jun 2005

7th UNCAC

Oct-Nov 2005

Seventh Special Training Course on Corruption Control in
Criminal Justice

Nov 2003

70

The Use and Application of the United Nations Declaration of
Basic Principles of Justice for Victims of Crime and Abuse ofPower—Twenty Years after Its Adoption

131

Aug-Oct 2005

71

Strengthening the Legal Regime for Combating Terrorism

132

Jan-Feb 2006

Eighth International Training Course on Corruption Control in
Criminal Justice

8th UNCAC

Oct-Nov 2005

72

Effective Prevention and Enhancement of Treatment for Sexual
Offenders133

May-Jun 2006

73

Challenges in the Investigation, Prosecution and Trial ofTransnational Organized Crime

134

Aug-Oct 2006

Ninth International Training Course on Corruption Control in
Criminal Justice

9th UNCAC

Oct-Nov 2006

74

Promoting Public Safety and Controlling Recidivism Using
Effective Interventions with Offenders: An Examination of Best
Practices

135

Jan-Feb 200775

Effective Measures for the Treatment of Juvenile Offenders andtheir Reintegration into Society

136

May-Jun 200776

Corporate Crime and the Criminal Liability of Corportate Entities

137

Sep-Oct 2007

10th UNCAC

Oct-Nov 2007

Tenth International Training Course on the Criminal Justice
Response to Corruption
77

Effective Legal and Practical Measures for Combating Corruption:
A Criminal Justice Response

138

Jan-Feb 2008

78

Profiles and Effective Treatment of Serious and Violent Juvenile
Offenders

139

May-Jun 2008

88

APPENDIX

79

140

Sep-Oct 2008

Eleventh International Training Course on the Criminal Justice
Response to Corruption

11th UNCAC

Oct-Nov 2008

The Improvement of the Treatment of Offenders through the
Enhancement of Community-Based Alternatives to Incarceration

141

Jan-Feb 2009

Effective Countermeasures against Overcrowding of Correctional
Facilities

142

May-Jun 2009

Twelfth International Training Course on the Criminal Justice
Response to Corruption

12th UNCAC

Jul-Aug 2009

Ethics and Codes of Conduct for Judges, Prosecutors and Law
Enforcement Officials

143

Sep-Nov 200981

The Enhancement of Appropriate Measures for Victims of Crime
at Each Stage of the Criminal Justice Process

144

Jan-Feb 201082

Effective Resettlement of Offenders by Strengthening“Community Reintegration Factors”

145

May-Jun 2010

83

Attacking the Proceeds of Crime: Identification, Confiscation,
Recovery and Anti-Money Laundering Measures

146

Aug-Oct 2010

The 13th International Training Course on the Criminal Justice
Response to Corruption

13th UNCAC

Oct-Nov 201080

The Criminal Justice Response to Cybercrime

84

Community Involvement in Offender Treatment

147

Jan-Feb 201185

Drug Offender Treatment: New Approaches to an Old Problem

148

May-Jun 2011

86

Securing Protection and Cooperation of Witnesses and Whistleblowers

149

Aug-Sep 2011

Effective Legal and Practical Measures against Corruption

14th UNCAC

Oct-Nov 201187

Trafficking in Persons—Prevention, Prosecution, Victim
Protection and Promotion of International Cooperation

150

Jan-Feb 201288

Evidence-Based Treatment of Offenders

151

May-Jun 201289

Trafficking in Persons—Prevention, Prosecution, Victim
Protection and Promotion of International Cooperation

152

Aug-Sep 2012

Effective Legal and Practical Measures against Corruption

15th UNCAC

Oct-Nov 2012

90

Treatment of Female Offenders

153

Jan-Feb 2013

91

Stress Management of Correctional Personnel—Enhancing the
Capacity of Mid-Level Staff

154

May-Jun 201392

Effective Collection and Utilization of Evidence in Criminal Cases

155

Aug-Oct 2013

Effective Measures to Prevent and Combat Corruption and to
Encourage Cooperation between the Public and Private Sectors

16th UNCAC

Oct-Nov 2013

93

Protection for Victims of Crime and Use of Restorative Justice
Programmes

156

Jan-Feb 201494

Assessment and Treatment of Special Needs Offenders

157

May-Jun 201495

Measures for Speedy and Efficient Criminal Trials

158

Aug-Sep 2014

17th UNCAC

Oct-Nov 2014

Effective Measures to Prevent and Combat Corruption Focusing
on Identifying, Tracing, Freezing, Seizing, Confiscating andRecovering Proceeds of Corruption
96

Public Participation in Community Corrections

159

Jan-Feb 201597

The State of Cybercrime: Current Issues and Countermeasures

160

May-Jun 201598

Staff Training for Correctional Leadership

161

Aug-Sep 2015

18th UNCAC

Oct-Nov 2015

Effective Anti-Corruption Enforcement and Public-Private andInternational Cooperation

89

RESOURCE MATERIAL SERIES No. 112

99

Multi-Agency Cooperation in Community-Based Treatment of
Offenders

162

Jan-Feb 2016

100

Children as Victims and Witnesses

163

May-Jun 2016101

Effective Measures for Treatment, Rehabilitation and Social
Reintegration of Juvenile Offenders

164

Aug-Sep 2016

Effective Anti-Corruption Enforcement (Investigation andProsecution) in the Area of Procurement

19th UNCAC

Oct-Nov 2016

102

Juvenile Justice and the United Nations Standards and Norms

165

Jan-Feb 2017

103

Criminal Justice Procedures and Practices to Disrupt Criminal
Organizations

166

May-Jun 2017

104

Rehabilitation and Social Reintegration of Organized Crime
Members and Terrorists

167

Aug-Sep 2017

Effective Measures to Investigate the Proceeds of Corruption
Crimes20th UNCAC

Nov-Dec 2017

105

Enhancing the Rule of Law in the Field of Crime Prevention andCriminal Justice: Policies and Practices Based on the United
Nations Conventions and Standards and Norms

168

Jan-Feb 2018

106

Criminal Justice Practices against Illicit Drug Trafficking

169

May-Jun 2018

107

Treatment of Illicit Drug Users

170

Aug-Sep 2018

Effective Criminal Justice Practices through International
Cooperation and Engagement of Civil Society for Combating
Corruption

21st UNCAC

Oct-Nov 2018108

Criminal Justice Response to Crimes Motivated by Intolerance
and Discrimination

171

Jan-Feb 2019109

Criminal Justice Responses to Trafficking in Persons andSmuggling of Migrants

172

May-Jun 2019110

Tackling Violence against Women and Children through Offender
Treatment: Prevention of Reoffending

173

Aug-Sep 2019

Detection, Investigation, Prosecution and Adjudication of HighProfile Corruption

22nd UNCAC

Oct-Nov 2019111

Prevention of Reoffending and Fostering Social Inclusion: From
Policy to Good Practice174

Jan-Feb 2020

112

n/a  (Training programmes postponed due to the Covid-19
pandemic)

n/a

n/a

113

Tackling Emerging Threats of Corruption in the Borderless andDigitalized World90

23rd UNCAC

Sep-Oct 2021

Treatment of Women Offenders

175

Oct-Nov 2021

Achieving Inclusive Societies through Effective Criminal Justice
Policies and Practices

176

Nov-Dec 2021

ISSN 0256-5471
ISBN 978-4-87033-338-0

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