REPORT OF THE FOLLOW-UP SEMINAR FOR THE THIRDCOUNTRY TRAINING PROGRAMME (TCTP) FOCUSING ON THE
DEVELOPMENT OF COMMUNITY-BASED TREATMENT OF
OFFENDERS IN THE CLMV COUNTRIESFrom 25 to 27 July 2017, the United Nations Asia and Far East Institute for the Prevention of Crime andthe Treatment of Offenders (UNAFEI) hosted the Follow-up Seminar for the Third Country Training
Programme (TCTP) Focusing on the Development of Community-Based Treatment of Offenders in the
CLMV Countries (hereinafter, the “Follow-up Seminar”). This report summarizes the proceedings, country
presentations and general discussions held throughout the Follow-up Seminar.
Proceedings
1. MR. SENTA, KEISUKE, Director of UNAFEI, welcomed the participants and thanked the Japan International
Cooperation Agency for its sponsorship of the TCTP. Noting that one of the purposes of the Follow-up
Seminar is to share and discuss long-term challenges to the implementation of community-based
treatment in the participating countries, Director Senta encouraged the participants, as experts andpractitioners in the field, to take the initiative to introduce and develop community-based treatment intheir countries.
2. MS. ANCHALEE PATTANASARN, Deputy Director-General of the Department of Probation (DOP) of the
Ministry of Justice of Thailand, noted the close cooperation between the DOP and UNAFEI in hosting
seminars to promote community-based treatment in Southeast Asia, and expressed her belief that thisFollow-up Seminar would serve as an opportunity for the participating countries to discuss the progress
made since the TCTP and share the needs and interests of each country to plan for future seminars.
3. The Visiting Expert, DR. MANUEL G. CO, Ex Officio Member of the Board of Pardons and Parole andAdministrator of the Parole and Probation Administration of the Republic of the Philippines, delivered apresentation on “Formulating parole and probation administration policies using statistics”.
4. Country presentations detailing progress made since the first phase of the TCTP were made by thedelegations from Cambodia, Laos, Myanmar, and Viet Nam.
5. Keynote speeches were delivered by: (1) PROFESSOR OTA, TATSUYA, Faculty of Law, Keio University, Japan,
on “Prevention of re-offending and the importance of community-based treatment of offenders” and (2) MR.
IMAFUKU, SHOJI, Director of the General Affairs Division, Rehabilitation Bureau, Ministry of Justice, Japan,
on the “Institutionalization and implementation of effective community-based treatment of offenders:strategies and measures”.
Visiting Expertʼs Lecture
6. DR. CO presented on the use of statistics as an evidentiary basis for formulating probation and parole
policies. In the Philippines, comprehensive statistical data collected by the Parole and Probation
Administration, the Board of Pardons and Parole, and the Bureau of Corrections are crucial for setting thebudget and performance targets. They are also used for monitoring and evaluating the success ofcommunity-based treatment interventions, as well as the performance of probation and parole officers.
For example, the system of probation and parole in the Philippines contains three separate functions:investigation, supervision and rehabilitation. Statistics are collected for each of these functions, andbudgets for these services are based in part on the statistics. To ensure that the investigation, supervisionand rehabilitation phases are properly conducted, the Board gathers statistical data to monitor the
performance of each probation and parole officer. Data collected to measure performance include
statistics on the total probation investigation caseload, completed probation investigation cases, court
dispositions, etc. Data are also collected on the characteristics of each probationer and parolee, such asage, civil status, educational attainment, criminal offences committed, occupation, etc. The Philippines has
81

RESOURCE MATERIAL SERIES No. 103

adopted a three-pronged approach to crime prevention and treatment of offenders through the practicesof restorative justice, Therapeutic Community, and volunteer support for offenders; statistics aregathered on each of these practices. These data are used by policymakers as the basis for evaluating the
programmes, policies, guidelines, etc. to ensure the effectiveness of the community-based intervention.
Once the statistics are gathered, they must be analysed in four stages in order to impact policy: Stage 1,
identify and understand the issue; Stage 2, set the agenda; Stage 3, formulate policy; Stage 4, monitor andevaluate policy. Dr. Co concluded his presentation by addressing a number of challenges facing theimplementation of community-based treatment in the Philippines, including the public outcry for
retributive justice among others.
Country Presentations
7. CAMBODIA. The inmate population in Cambodia is growing steadily after an increased commitment tocombating drug crimes, for which almost all inmates are incarcerated. Cambodia currently has around
26,338 inmates (as of 25 July 2017), 24,062 of which are male (as of 25 July 2017). Due to the increase in thenumber of inmates, overcrowding is becoming a greater problem (164% of capacity); meanwhile, only 1%of offenders have been released on judicial supervision at the pre-trial stage. For the sentencing stage, incases of suspended sentence with probation, the prosecutor is responsible for assigning a person from thecommunity in which the offender lives (such as a police officer, a member of the community council, or
education and rehabilitation officer) to supervise the offender in the community. However, Cambodia has
not implemented this practice yet. Data is still collected manually in Cambodia, so collecting statistics is achallenge. Human resources are important, particularly in the implementing authority because
community-based treatment is still a new concept in Cambodia. Other challenges include insufficientbudgetary resources and the lack of social understanding for community-based treatment. Cambodia is in
the process of analysing the possibility to pursue a pilot project on alternative sentencing in a province. It
was reported that relevant officials welcome the project, but officials expressed serious concerns aboutpublic resistance to the implementation of alternative sentencing.
8. LAOS. The delegation from Laos reported that it had gained valuable technical knowledge on probationand community-based treatment from the TCTP. They reported to their minister and are waiting for
approval and promulgation of the Penal Code. As of 2016, approximately 9,000 inmates were incarceratedin Laos, with around 6,000 pre-trial detainees. In terms of statistics, the number of inmates has increased
by roughly 50% over the past five years. In 2016, it was reported that 76. 1% of all inmates wereincarcerated for narcotics offences, and female inmates composed 13.7% of the total inmate population.
Laos offers a consent-based village mediation programme for adult and juvenile offenders and victims
connected with cases of theft, traffic violations, battery, and other cases that do not involve serious harmand do not seriously affect society. The delegation reported that 4, 505 cases were referred to village
mediation in 2016, and there were 35 cases of conditional release before the end of the inmateʼs term of
imprisonment. Meanwhile, 379 inmates were pardoned on Laosʼ National Day. Although the Criminal
Procedure Law does not provide for clear action by the relevant ministry, offenders are currently being
entrusted to the care of state, local and other authorities in order to promote offender rehabilitation. To
promote this process, Laos is disseminating information about the law and policies among the public.
9. MYANMAR. The delegation from Myanmar reported that it has not enacted any specific legal framework
for the implementation of community-based treatment. However, the Union Judiciary Law currently has
provisions which promote understanding and compliance with the law through education and theprinciple of reforming offendersʼ moral character when meting out punishment. The Code of Criminal
Procedure includes non-custodial measures such as bail, release on probation, release with admonishment,
and so on. Myanmar reported a growing prison population with 67,632 sentenced inmates in 2016 and
12,022 inmates awaiting judgement. Through the first phase of the TCTP, Myanmar effectively gained
knowledge and awareness of the importance of alternative sentencing, and Myanmar began drafting
amendments to the Narcotic Drugs and Psychotropic Substances Law (1993) by adding provisions forcommunity-based treatment and rehabilitation instead of custodial punishment. Section 401 of the Code of
Criminal Procedure addresses community-based treatment, giving the President of the Union theauthority to suspend or remit sentence with or without conditions, and to cancel the suspension orremission of sentence if the offender fails to fulfil the required conditions. Under this law, Myanmar has
released 79,197 inmates since 2011. Community-based treatment is also administered through the
Department of Social Welfare under the Ministry of Social Welfare, Relief and Resettlement. DSW
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addresses social problems in the community by providing social welfare services with the help of trainedsocial workers using the resources of the community. With respect to children in conflict with the law, theDSW assigns probation officers to assist with social support and community supervision. However, there
are not enough probation officers to provide nationwide coverage.
10. VIET NAM. In 2016, about 115,000 convicted prisoners were serving custodial sentences in Viet Nam, while
about 50,000 convicted persons were serving sentences in the community, including suspension ofsentence, non-custodial sentences, etc. Offenders in the community are supervised by the Peopleʼscommune committees, and supervisees are required to report once every three months; probationers are
required to report once a month. In 2015, Article 66 of the Criminal Code was amended to provide for“early release on conditions” for first-time offenders, a measure similar to parole. The delegation from Viet
Nam reported that the first phase of the TCTP was successful at sharing the experiences of Japan and
Thailand in the field of community-based treatment, including the implementation of the Tokyo Rules.
Challenges to overcome in Viet Nam include limited public awareness, challenging economic conditions,lack of facilities and resources to support supervision, and inadequate human resources. Among othersolutions, Viet Nam is seeking further expertise from organizations and jurisdictions in order to deepen
Viet Namʼs understanding of community-based treatment for the implementation of “early release on
conditions”.
Plenary Discussion
11. MR. MORINAGA, TARO, Deputy Director of UNAFEI, led a plenary discussion on approaches to persuading
policymakers and the general public that community-based treatment is a desirable and effective
sentencing option for certain offenders, particularly in light of the common perception that retribution is
the fundamental purpose of criminal punishment. He encouraged the participants to revisit the prominent
theories of criminal punishment in their respective countries in order to identify persuasive theories andarguments that support community-based treatment.
Remarks by JICA
12. MR. EDAGAWA, MITSUSHI, Senior Adviser and Attorney-at-Law, Industrial Development and Public Policy
Division, Japan International Cooperation Agency, closed the session by extending his gratitude to theparticipants for their participation in the Follow-up Seminar. In his role as a criminal defence attorney, hestressed the importance of empowering offenders who have been isolated from society for years, lost jobs,
and lost connections with their families. This can be achieved through the implementation of the Tokyo
Rules, and by sharing practices and experiences among practitioners from different countries.
Keynote Speeches
13. PROFESSOR OTA emphasized the importance of community-based treatment for the prevention of
reoffending. In Japan, due to the vicious cycle of reoffending, roughly 30% of all offenders commit 60% of
all crimes. Although it is important to punish offenders in proportion to their criminal responsibility,
statistics on recidivism demonstrate that incarceration is not a sufficient answer to reducing reoffending.
Professor Ota introduced the case of one habitual drug offender whose family refused to support him. The
offender was released directly into society without community-based support for employment or housing,and he murdered two innocent strangers seventeen days after his release. With proper community
support, these murders may never have happened. Parole and conditional release are two measures thatcan monitor the offender and provide necessary support, yet the public often criticizes their use,
particularly when an offence is committed while on parole. It is important to note that this criticism isgenerally misplaced because nearly 50% of released offenders without parole supervision recommit crime
within 5 years of release. Thus, parole should be viewed as a form of risk management; if a parolee
reoffends while under supervision, he most certainly would reoffend within 5 years of release without
supervision, and it is likely that the crime committed would be more serious than that which is committed
while under supervision. Professor Ota explained several sentencing models, including the Split Sentence
Model and Partial Suspended Execution of Sentence, which, while technically different models, serve thepurpose of sentencing an offender to a prison term followed by a lengthy term of supervised or
unsupervised release in the community. In Japan, legislation establishing the sentence of partial
suspended execution of sentence took effect in 2016, and the sentence is used to provide longer periods ofcommunity supervision particularly for drug offenders. Finally, Professor Ota proposed implementation ofa team-oriented treatment approach involving probation officers and volunteer probation officers, as well83

RESOURCE MATERIAL SERIES No. 103

as other professionals such as doctors, lawyers, psychotherapists and career consultants.
14. MR. IMAFUKU presented on successful strategies in Japan for the implementation of community-based
treatment, noting that new policy initiatives require strategic planning to set the desired policy as anational priority. Other considerations include preparing the legal system for implementation of the policy
and ensuring the proper allocation of human and material resources. These goals will not be achieved
without taking a variety of factors into consideration, including: (1) providing prompt solutions to meet
immediate political needs; (2) understanding societal changes and conforming policies thereto; (3)implementing policies in line with current research and statistics; (4) adoption of effective practices fromthe field; (5) taking a multi-disciplinary approach to rehabilitation; (6) incorporating desired policy positionsin national guidelines; and (7) enhancing public awareness of the desired policy. With respect to theimplementation of community-based corrections, these factors share a number of common themes. First,
national commitment to the policy is important to its ultimate success, and new national policies must be
responsive to the needs and concerns of legislators and the public by ensuring that community-based
treatment measures emphasize making society safer. Second, evidence-based research and statistics areimportant in terms of determining the purpose of the policy, estimating human resources and budgetaryneeds, determining the effectiveness of specific measures, etc. Third, the prevention of reoffending
requires a multi-agency, multi-disciplinary approach that offers reintegration solutions involving
community supervision, social welfare support, employment support, etc. Finally, the promotion of publicawareness, particularly among the youth, is important to obtaining the participation and support of the
public in realizing the goals of community-based treatment.
Plenary Discussion
15. MS. AKASHI, FUMIKO, Professor of UNAFEI, moderated a plenary discussion on the promotion of public
understanding, establishing cooperative relationships with other agencies and the effectiveness ofstatistical data for the implementation and use of community-based treatment measures. She explained
that: (i) the use of community sanctions is more strongly correlated with the policy commitment of theimplementing jurisdiction rather than other factors such as the crime rate, the seriousness of crime, public
support for such measures, etc. (Joutsen, 2015); (ii) expenditures in England and Wales for institutionalcorrections are ten times as great as those for community corrections; (iii) Rule 18 of the Tokyo Rules
emphasizes the importance of public understanding and support for community-based treatment; and (iv)statistics are used in Japan to demonstrate the effectiveness of criminal justice policies by providing dataon individualized and effective community-based treatment, promoting measures and polices of thegovernment, and dealing with human resources and budget requests.
16. MR. MINOURA, SATOSHI, Professor of UNAFEI, moderated a discussion on planning for the second phase of
the TCTP and the third phase of the ASEAN Roadmap, beginning with a review of the needs andinterests expressed during the individual country consultations: (i) Cambodia expressed interest in
suspended sentence with supervision and social investigation and stated that it needs lectures on social
investigation procedure, enhancing public participation in offender rehabilitation, and developing
treatment plans and evaluating supervision; (ii) Laos expressed interest in parole systems andadministrative structures and stated that it needs lectures on supervision skills and organizational
structures, as well as opportunities to observe offender supervision; (iii) Myanmar expressed interest in
identifying appropriate systems for parole supervision and stated that it needs to learn from otherdeveloping countries based on the concern that the Japanese and Thai systems are too advanced; (iv) Viet
Nam expressed interest in monitoring of parolees, staff training, and enhancing public understanding andstated that it needs opportunities to learn from other counties through field work observation.
17. MS. TARUATA KLAEWKLA explained that the second phase of the TCTP will tentatively be held from 8 to 19
January 2018 in Thailand, and the CLMV countries will be asked (i) to review the progress since the firstphase of the TCTP in establishing effective agencies for community corrections, (ii) to clarify the duties,
responsibilities, authority and roles of probation officers based on the concept of community corrections,(iii) to observe Thai probation practice, and so on.
18. MR. WATANABE, HIROYUKI, Professor of UNAFEI, presented on the purpose, background and establishmentof Offenders Rehabilitation Support Centres in Japan. He explained that the centres were introduced in2008 in response to public criticism about the systematic failure of community-based treatment. The
84

166TH INTERNATIONAL TRAINING COURSE
SUPPLEMENTAL MATERIAL

purpose of these centres is to provide support and assistance, including meeting space in a public facility,
to Volunteer Probation Officers for their supervision of offenders in the community. The centres havebecome hubs of VPOs activities, and they amplify each VPOʼs ability and effectiveness.
Study Visit
19. At the conclusion of the Follow-up Seminar, the participants visited the Ota City Offender Rehabilitation
Support Centre.

27 JULY 2017
FUCHU, TOKYO, JAPAN85

RESOURCE MATERIAL SERIES No. 103

ANNEX
1. LIST OF PARTICIPANTS
2. THE FOLLOW-UP SEMINAR SCHEDULE

86

166TH INTERNATIONAL TRAINING COURSE
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166TH INTERNATIONAL TRAINING COURSE
SUPPLEMENTAL MATERIAL

89