Number 114

October 2022

PREVENTION OF CRIME AND
TREATMENT OF OFFENDERSUNAFEI’S RESOURCE MATERIAL SERIESRESOURCE MATERIAL SERIES NO. 114
FEATURED ARTICLE
Basic Guide to the United Nations Crime Programme
Dr. Matti Joutsen (Finland)

VISITING EXPERTS’ PAPERS
Community Sentences for Rehabilitation of Offenders and Preventing Reoffending
Dr. Will Hughes (United Kingdom)Multi-Stakeholder Approaches for Effective Supervision and Support of Offenders
Dr. Will Hughes (United Kingdom)International Victimology: Yesterday, Today and Tomorrow
Dr. John P. J. Dussich (United States of America)

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. 114

UNAFEI
Akishima, Tokyo, Japan

October 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........................................................................................................................................................... iv
FEATURED ARTICLE⃝ Basic Guide to the United Nations Crime Programme
by Dr. Matti Joutsen (Finland)........................................................................................................................................................ 3

PART ONEWORK PRODUCT OF THE 177TH INTERNATIONAL SENIOR SEMINARPREVENTING REOFFENDING THROUGH
A MULTI-STAKEHOLDER APPROACH
Visiting Expert’s Papers⃝ Community Sentences for Rehabilitation of Offenders and Preventing Reoffending
by Dr. Will Hughes (United Kingdom)................................................................................................................................. 43⃝ Multi-stakeholder Approaches for Effective Supervision and Support of Offenders
by Dr. Will Hughes (United Kingdom)................................................................................................................................. 53

Participants’ Papers⃝ Social Reintegration of Deported Dominicans
by Ms. Gina Maria Lamarche Leonardo (Dominican Republic)....................................................................... 63⃝ Current Situation and Challenges in the Imposition of Penalties and Case Dispositions
with Regard to Rehabilitative Perspectives in Lao P.D.R.
by Ms. Vilaysinh Dainhansa (Lao PDR).............................................................................................................................. 67⃝ The Barangay (Community) Drug Cleaning Programme: A Holistic and Whole-of-Nation
Approach in Curbing the Drug Menace in the Philippines
by Ms. Riza Soriano Ardepolla (Philippines).................................................................................................................... 71⃝ Alternative Sentencing in Sri Lanka and Its Challenges from a Rehabilitative
Perspectiveby Ms. Nayomi Wickramasekera (Sri Lanka)................................................................................................................... 87⃝ Beyond the Halfway House: Together, We Create Chance
by Ms. Disaya Meepien (Thailand)........................................................................................................................................... 93iReport of the Seminar⃝ 177th International Senior Seminarby Prof. OTSUKA Takeaki (UNAFEI) .............................................................................................................................. 97

Group Workshop Reports⃝ Diversion and Rehabilitation of Vulnerable Populations
by Group A...............................................................................................................................................................................................101⃝ Preventing Reoffending through a Multi-stakeholder Approachby Group B................................................................................................................................................................................................102⃝ Multi-stakeholder Approaches for Effective Supervision and Support for Offenders
by Group C................................................................................................................................................................................................103⃝ Challenges in Preventing Recidivism
by Group D...............................................................................................................................................................................................104

PART TWOWORK PRODUCT OF THE FIRST INTERNATIONAL TRAINING COURSE ON
BUILDING INCLUSIVE SOCIETIESPROTECTION OF THE RIGHTS OF CRIME VICTIMS INCLUDING CHILDREN
Visiting Expert’s Paper⃝ International Victimology: Yesterday, Today and Tomorrowby Dr. John P. J. Dussich (United States of America).............................................................................................107

Participants’ Papers⃝ Protection of the Rights of Crime Victims Including Children: The Kenyan Response toChild Victims
by Ms. Caroline Karimi Kariuki (Kenya).........................................................................................................................139⃝ Upholding the Rights of Crime Victims: A Philippine Standpointby Ms. Giselle Marie S. Geronimo (Philippines).........................................................................................................143

Report of the Course⃝ The 1st International Training Course on Building Inclusive Societies (Online)
by Prof. YAMANA Rompei (UNAFEI)..............................................................................................................................149

ii

PART THREE
WORK PRODUCT OF THE 178TH INTERNATIONAL TRAINING COURSECYBERCRIME AND DIGITAL EVIDENCE
Participants’ Papers⃝ Admissibility of Digital/Electronic Evidence in Malawi
by Ms. Golda Chilembwe Rapozo (Malawi).....................................................................................................................153⃝ Cybercrime and Digital Evidence: The Nigeria Police Force in Perspective
by Mr. Olusoji Abraham Obideyi (Nigeria).....................................................................................................................157⃝ Cybercrime and Digital Evidence in Panama
by Ms. Evelyn Medina (Panama).............................................................................................................................................161⃝ Authenticity of Digital Evidence and Current Challenges
by Mr. Avantha Lakmal Bandara Wickramasooriya (Sri Lanka)..................................................................165

Report of the Course⃝ The 178th International Training Course
by Prof. OKUDA Yoshinori (UNAFEI).............................................................................................................................169

APPENDIX........................................................................................................................................................................................... 171
Photographs⃝ The 177th International Senior Seminar...........................................................................................................................173⃝ The First International Training Course on Building Inclusive Societies .............................................174⃝ The 178th International Training Course.........................................................................................................................175

RESOURCE MATERIAL SERIES INDEX.......................................................................................................... 176

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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. 114.
First and foremost, I wish to congratulate Dr. Matti Joutsen, the former director of the European Institutefor Crime Prevention and Control, affiliated with the United Nations (HEUNI), on having received the Orderof the Rising Sun, Golden Rays with a Rosette, from the Emperor of Japan, in recognition of Dr. Joutsen’s
promotion of Japanese-European cooperation in the field of crime prevention and criminal justice, including
his many decades of close cooperation with UNAFEI. We are honoured to include Dr. Joutsen’s “Basic Guide
to the United Nations Crime Programme” in this issue and remain indebted to him for sharing his expertisewith us and the international community.
While the Covid-19 pandemic forced us to postpone many of our training courses, this fiscal year marks
UNAFEI’s return to our regular training schedule. Regrettably, we have been forced to conduct ourprogrammes exclusively online, but the online training modality has brought significant and lasting
improvements to a number of aspects of UNAFEI’s training programmes. We have learned to betteraccommodate participation among numerous time zones, introduced an online learning and collaboration
platform, created on-demand training materials, and provided live online lectures and Q&A sessions – all ofwhich contributed to the success of the programmes covered in this issue.
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. UNAFEI’s training courses aim to exchange and promote
good policies and practices towards the achievement of the Sustainable Development Goals: the 177th course
focused on reducing reoffending, the First Inclusive Societies course focused on the rights and interests ofcrime victims and the 178th course focused on combating cybercrime through the identification and collectionof digital evidence.
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.

October 2022

MORINAGA Taro
Director of UNAFEI

iv

FEATURED ARTICLE

UNAFEIFEATURED ARTICLE
BASIC GUIDE TO THE UNITED NATIONS CRIME PROGRAMME
Matti Joutsen*

1. The development of the UN Crime Programme
1.1. The establishment of the UN Crime Programme 	
1.2. The early years of the UN Crime Programme (the 1950s to the 1980s) 	
1.3. From the UN Crime Committee to the UN Crime Commission
1.4. The negotiation of the UN Crime Conventions
1.5. The impact of the Sustainable Development Goals
2. The structural elements of the UN Crime Programme
2.1. The overall structure
2.2. The United Nations Office on Drugs and Crime
2.3. The UN Commission on Crime Prevention and Criminal Justice2.4. The UN Crime Congresses on Crime Prevention and Criminal Justice2.5. The Conferences of the States Parties to the UN Crime Conventions
2.6. The UN Crime Programme Network of Institutes (the PNIs)

4
4
5
6
6
9
10
10
10
10
12
17
18

3. Who’s who in the UN Crime Programme

19

3.1. The member states 	
3.2. UN specialized agencies and the PNIs
3.3. Intergovernmental organizations
3.4. Nongovernmental organizations
3.5. Individual experts

19
20
20
20
21

4. The products of the UN Crime Programme

21

4.1. The UN Crime Programme standards and norms
4.2. Resolutions
4.3. UN Secretariat documentation and UN Crime Programme meeting reports
4.4. The UN Crime Conventions
4.5. UN Crime Programme technical assistance

21
23
24
25
28

5. International sensitivities in the UN Crime Programme

29

6. Ten rules for success in the UN Crime Programme

34

7. Legends in the UN Crime Programme40* Former Director, The European Institute for Crime Prevention and Control, affiliated with the United Nations, Finland.
Further material on the UN Crime Programme is available on the HEUNI website: http://heuni.education/un_crime_
programme_course

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RESOURCE MATERIAL SERIES No. 114

1. The development of the UN Crime Programme1
1.1. The establishment of the UN Crime Programme
The United Nations Programme on Crime Prevention and Criminal Justice (generally referred to as the
UN Crime Programme) consists of the work carried out under the coordination of the United Nations
Commission on Crime Prevention and Criminal Justice (the UN Crime Commission) in order to provide
practical assistance to member states in preventing crime, and in improving the response to national andtransnational crime, for example through data collection, the sharing of information and experience, andtraining.2 (Although the prevention and response to the illegal cultivation, production, trafficking in and useof narcotic drugs and psychotropic substances is closely related to crime prevention and the response tocrime, it is dealt with by a separate UN Commission, the UN Commission on Narcotic Drugs.)
The foundation for the UN Crime Programme rests primarily on two predecessors: (1) the early work ofinternational scientific and professional organizations, and (2) the work of the League of Nations.
At the end of the 1800s and the beginning of the 1900s, discussions on crime and criminal policy became
international. Practitioners and policymakers from different countries started to exchange their experiences
and theories, and organize international conferences. The first International Congress on the Prevention and
Repression of Crime, held in London in 1872, led to the establishment of the International Penal and
Penitentiary Commission (IPPC), which undertook to organize similar international congresses every five
years.
When the League of Nations was established in the aftermath of the First World War, it organizeddiscussions among experts on crime-related issues and produced a few reports on such subjects as juvenile
delinquency and child welfare, trafficking in women and children, counterfeiting, and correctional treatment.
In general, however, it did not have a very high profile in international discussions on crime and justice.3
At the time that the United Nations was established, shortly after the end of the Second World War, thegeneral view seemed to be that, in respect of crime and criminal justice, it should continue where the Leagueof Nations had left off. The United Nations started out with two steps, identification of what crime and justiceissues it would deal with, and assumption of the functions of the IPPC.4
In 1950, the General Assembly decided that the mandate of what became the UN Crime Programme
would cover the following: juvenile delinquency; assessment of adult offenders before sentencing; probation;fines, and open penitentiary institutions; habitual offenders; the role of medical, psychological and social
sciences in dealing with delinquency and crime; the training of correctional staff; and criminal statistics, witha view to the development of a report on the state of crime. Markedly absent from the list of issues to becovered were organized crime and transnational crime (although trafficking in women and children did meritreference in other UN documents).5

1

Sections 1.1 - 1.5 are based on Matti Joutsen, Four Transitions in the United Nations Crime Programme, available at:https://www.unodc.org/documents/commissions/CCPCJ/CCPCJ_Sessions/CCPCJ_26/E_CN15_2017_CRP4_e_V1703636.pdf
2
GA Resolution 46/152 on the creation of an effective United Nations crime prevention and criminal justice programme,
preambular paragraph 8 and operational paragraph 5.
3
Manuel Lopez-Rey, Guide to United Nations Criminal Policy, Gower 1985, pp. 8, 93‒95; and Slawomir Redo 2012, Blue
Criminology: The power of United Nations ideas to counter crime globally - A monographic study, Helsinki: HEUNI Reportseries no. 72, p. 68.
4This was achieved through General Assembly Resolution 415 (V).
5International Review of Criminal Policy, United Nations Department of Social Affairs 1952, Vol. 1, p. 12.
 	When the draft mandate of the UN Crime Programme was debated at the General Assembly in 1950, the Soviet Unionand four of its allies argued for restricting the mandate to international and transnational crimes such as genocide, slavery,
narcotic drugs, trafficking in women and children, and trafficking in obscene publications. In their view, the issues identified
in the draft were essentially internal matters, and according to the UN Charter, the UN has no right to become involved indomestic issues. Lopez-Rey 1985 p. 1; Redo 2012, p. 110, and Roger Clark (1994), The United Nations Crime Prevention andCriminal Justice Program. Formulation of Standards and Efforts at Their Implementation, University of Pennsylvania Press, p.
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In taking over the functions of the IPPC, in turn, the UN received the following from the IPPF:- two IPPF staff members who formed the nucleus for the UN Secretariat body dealing with crime andjustice issues;6- a pool of experts who had been active in the IPPF, from among whom an ad hoc Advisory Committee
was formed to assist the Secretariat; and- the model for the future United Nations Crime Congresses.7
1.2. The early years of the UN Crime Programme (the 1950s to the 1980s).
The main policy-making body in the UN on economic and social matters is the Economic and Social
Council (ECOSOC). It has a rather large mandate, and its members cannot be expected to have sufficient
substantive knowledge of crime prevention and criminal justice issues to formulate policy.  In 1949, ECOSOC
established an ad hoc committee of seven experts to advise it on such issues, with the individual expertschanging in part from one meeting to the next. In 1965, the ad hoc Committee became a permanent body,the United Nations Committee on the Prevention of Crime and the Treatment of Offenders (the UN Crime
Committee, to be replaced in 1991 by the United Nations Commission on Crime Prevention and Criminal
Justice).
The members of the UN Crime Committee were appointed in their personal capacity; they did not
represent their government or their organization. They were generally senior officials working in the criminal
justice system of their respective country, or (in a few cases) academics. Since there was relatively little
turnover among them, they tended to be familiar not only with criminal justice in general, but also with theworking of the United Nations Crime Programme.8
During the first decades of UN work on crime prevention and criminal justice, the focus was on thecollection and exchange of information, research, and the development of international standards and norms(“soft law”).9 Among the achievements were the adoption of the first ever UN standard and norm, theStandard Minimum Rules on the Treatment of Offenders, at the First United Nations Crime Congress in
1955.10
Membership in the UN began to expand in particular during the 1960s, and an increasing number ofexperts and practitioners from developing countries joined in the discussions.  One result was that the scopeof discussion widened from the traditional (Western) academic and professional focus on juvenile delinquency
and corrections, to other types of crimes and criminal justice concerns. Already the Second UN Crime
Congress, in 1960, had as one of its main topics the prevention of crime that results from social change andeconomic development in less developed countries.
When representatives of developing countries began to join in the UN discussions, in general theyrecognized the value of work on soft law. However, they repeatedly pointed out that work is needed also on
implementing these decisions. In many of their countries, legislation and policies were often outdated, thestructure of the criminal justice system was inadequate, many practitioners lacked training, and above all
the financial resources for implementation were often lacking. In response, the UN Secretariat became more
6

According to subparagraph (h) of GA resolution 415 (v), two IPPC “professional officers” were detached to the Secretariat,
and one Secretariat staff member “specialized in the field of the prevention of crime and the treatment of offenders” wasassigned to work with them.
7
Paragraph (d) of General Assembly resolution 415 (v) stated that “The United Nations shall convene every five years aninternational congress similar to those previously organized by the IPPC (International Penal and Penitentiary Commission).
Resolutions adopted at such international Congresses shall be communicated to the Secretary-General and, if necessary, tothe policy-making bodies.”
8
Lopez-Rey 1985, pp. 14 – 20, and William Clifford, Echoes and Hopes. The United Nations Committee on Crime Prevention
and Control, Canberra 1979 (passim) provide background on the Committee.
9
In international law, “soft law” refers to quasi-legal instruments such as resolutions, guidelines and declarations, which
embody political aspirations, but are not legally binding. “Hard law,” in turn, refers for example to international conventions
which are binding on the states parties.
10
The Standard Minimum Rules had been originally drafted within the framework of the IPPC.

5RESOURCE MATERIAL SERIES No. 114
involved in technical assistance activities, assisted by the growing network of UN-affiliated institutes.11
1.3. From the UN Crime Committee to the UN Crime Commission
As of the beginning of the 1970s, transnational and organized crime began to appear on the UN Crime
Programme agenda. The first such issues included consumer fraud, corruption, trafficking in cultural property,
and terrorism. Towards the end of the 1980s, some countries began to argue that the growth of transnationaland organized crime, including terrorism, trafficking in persons, and money laundering, required a moreaction-oriented UN Crime Programme, one that was not being provided by the expert-driven Committee,
which was devoting most of its time to the drafting and adoption of “soft law” resolutions.
This criticism became stronger in the wake of the 1990 UN Crime Congress, held in Havana, which
adopted not only twelve new standards and norms, but also thirty-three other resolutions, for a grand totalof forty-five resolutions. For some participants, this torrent of paper was emblematic of growing problems in
the UN Crime Programme. Some governmental representatives noted with concern that many of the draft
standards and norms had been prepared without sufficient government input. Others argued that soft law
instruments were an ineffective response to the growing problems of crime and criminal justice, and that theCongress should be looking more for action than for words on paper. Many participants pointed out that overhalf – twenty-four – of the draft resolutions had not been submitted until at the Congress itself, and therefore
there was insufficient time to study these drafts.12
At the time of the 1990 UN Crime Congress, discussions were in fact already underway on restructuring
the UN Crime Programme. This was accomplished with the adoption of General Assembly resolution
46/152 of 18 December 1991. The most notable and ultimately far-reaching change was that the expertdriven UN Crime Committee was replaced by a government-driven United Nations Commission on Crime
Prevention and Criminal Justice (the UN Crime Commission).13
The new UN Crime Commission consists of forty member states elected by ECOSOC for a term of three
years: twelve from the African region, nine from the Asian region, eight from the Latin American and
Caribbean region, four from the Eastern European region, and seven from the “Western Europe and otherstates” regional group.
While the UN Crime Committee had been convened (during the last years of its existence) for a leisurely
two weeks every second year, the UN Crime Commission began by holding annual sessions of one week, andin time added annual “reconvened” sessions as well as “intersessional” meetings.14
1.4. The negotiation of the UN Crime Conventions
The experts on the UN Crime Committee had served in their personal capacity. Nonetheless, as experts
in crime prevention and criminal justice, they represented a broad range of backgrounds and approaches,and collectively tended to see crime as a social issue.
At the time the UN Crime Commission was established, in comparison, many national policy-makers
tended to see crime (and in particular transnational organized crime and terrorism) as a national security
issue. A consequence of the shift from an expert-driven to a government-driven UN Crime Programme has
11
The capacity of the Secretariat to provide technical assistance, however, was severely hampered by the lack of financial
and personnel resources. During these early decades, the Secretariat unit responsible for the UN Crime Programme had
fewer than a dozen professional staff members.
12
See, in particular, Clark 1994, pp. 126-132.
13
A detailed presentation of the work of the UN Crime Commission is provided in Christopher Ram (2012), Meeting thechallenge of crime in the global village: An assessment of the role and future of the United Nations Commission on Crime
Prevention and Criminal Justice, Helsinki: HEUNI Report series no. 73.
14
Reconvened meetings are formally continuations of the annual meetings. Intersessional meetings are primarily for the
preparation of the next session, and for updates on progress achieved.

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FEATURED ARTICLE
been an increased focus on strengthening the ability of the state to control crime: expanding the scope of
criminalization, strengthening police powers, and increasing the efficiency of the operation of the criminal
justice system. There was a resulting decrease in the amount of attention devoted for example to prevention,
juvenile delinquency, restorative justice and victim issues – although, to be clear, also these remained on theagenda.
Above all, there was an increased focus on improving the efficacy of international cooperation in the
response to crime. This focus was strengthened by a variety of developments.
One development was the strong perception by many states that crime was increasingly becoming more
serious, more organized and more transnational.
A second, and related, development was the growing conviction that the response to transnational crime
and terrorism could not be effective without international cooperation: cooperation among law enforcement
agencies, judicial cooperation, and cooperation in the form of technical assistance.
A third development was that during the years that the UN Crime Committee was producing “soft law,”
the UN drug programme (the Commission on Narcotic Drugs and the International Narcotics Control Board)
had continued the work on “hard law” begun under the League of Nations. In 1988, the United Nations
adopted the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. This 1988
Drug Convention consolidated and brought international hard law up to date in respect of the definition of
drug-related crime. It also included, for the first time in a multilateral treaty, provisions on international law
enforcement cooperation, mutual legal assistance and extradition.
The 1988 Drug Convention became a template for those who wanted a more vigorous and effective UN
Crime Programme. Several states began to advocate for one or more international conventions dealing withdifferent aspects of crime and criminal justice.
Following a ministerial conference held in Naples in 1994, the General Assembly set up an ad hoc
Committee to elaborate a convention on transnational organized crime. The result, the United Nations
Convention on Transnational Organized Crime (UNTOC), with separate protocols on trafficking in persons,the smuggling of migrants, and trafficking in firearms, was opened for signature in 2000. This was soon
followed by the UN Convention against Corruption (UNCAC), which was opened for signature in 2003.
Each of the UN Crime Conventions established a Conference of the States Parties, which oversees
implementation and discusses issues related to the substance of the respective convention. However, also the
UN Crime Commission and the UN Crime Congresses began to devote more time to transnational andorganized crime issues.
A fourth change in the UN Crime Programme has been in who participates in the discussions in Vienna.
As already noted, during the early years of the UN Crime Programme, through to the 1980s, the participants
at meetings tended to be individual experts knowledgeable in crime prevention and criminal justice. The UN
Crime Committee met every other year for eight days, allowing time for interaction both in and outside of
the meeting rooms. From 1955 to 1990, the UN Crime Congresses lasted for two weeks, and were a mix ofdebate, negotiations and social events. The tradition arose of seeking consensus on all resolutions anddecisions (the “spirit of Vienna”). Calling for a vote on any issue was a measure used only in very raresituations.15
Since the 1990s, the profile of many of the participants has changed. Largely because of the entry into
force of the two UN Crime Conventions, the number of UN Crime Programme meetings held in Vienna has
increased considerably. In addition to the biannual sessions of the two Conferences of the States Parties,
these two bodies have set up several subsidiary working groups, which generally meet on an annual basis,
15

Exceptions did occur. Several resolutions at the Sixth UN Crime Congress in 1980 (in Caracas), and one resolution at theEighth UN Crime Congress in 1990 (in Havana) were adopted following a vote. From 1990 to 2021, there have been no votes
at any of the UN Crime Congresses or at any of the sessions of the UN Crime Commission. At the 2021 session of the UN
Crime Commission, a vote was held on a procedural matter, the election of a member of the Bureau of the session.

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for a period ranging from two to five days. The UN Crime Commission, in turn, meets for its regular annual
session, but also other meetings throughout the year. In addition, various intergovernmental working groups
hold meetings. The result is that the UN Crime Programme meeting calendar is demanding, with on the
average one or more meeting every month. It is logistically and financially difficult for member states to send
experts “from the capitals” to attend short meetings so often. As a result, the participants tend to be
diplomats based in Vienna.
The four developments described above – a more globally representative UN Crime Programme, theincreased influence that governments have on the work carried out in Vienna, the growing importance of
hard law UN crime conventions, and the shift in the composition of participants – have had several
consequences. One has been the politicization of several issues in the discussions. A second has been theincreased use of extrabudgetary funding, and increasingly severe financial problems. A third consequence
has already been mentioned: less discussion on general crime prevention and criminal justice, and a greater
focus on transnational and organized crime.
Politicization of issues. Within the UN Crime Programme, diplomats, practitioners and academics all havean important role to play. Broadly speaking, academics can analyse developments in crime and the responseto crime, practitioners can provide evidence on what works (and what doesn’t), while diplomats can formulate
this on the international level into policy pronouncements, and ensure that the decision is in line with what
is being done elsewhere in the United Nations.
The change in the main participants in the discussions in Vienna, from experts in criminal policy todiplomats, has inadvertently meant that what were once discussions of substantive policy have often become
negotiations over the wording of draft resolutions. The earlier discussions within the framework of the UN
Crime Programme on standards and norms had been consensus-oriented, and in general had not excitedpoliticized passions. This could largely be attributed to the fact that the soft law resolutions were not binding,and therefore had no direct policy implications for individual states. Once the discussion shifted to transnationalorganized crime and to the two hard law UN Crime Conventions, the situation changed. Certain aspects oftransnational crime and of the response to transnational crime raise political sensitivities. Examples include
the repatriation of the proceeds of crime, trafficking in cultural property, and cybercrime. The politicization
has also extended beyond substantive crime issues and into questions of process, most significantly in theform of a continuing and at time acrimonious debate over the role of civil society in the local, national andinternational response to crime.
Financial constraints. During the first half century of the existence of the UN Crime Programme (roughly
to the 1990s), most of the (extremely limited) activities of the Programme were financed through the regular
UN budget. Today, the situation is quite the reverse: over 90 % of the UN Crime Programme budget comesfrom extrabudgetary sources. The two primary factors that have led to this are the rapid expansion of UN
Crime Programme activities (most clearly visible in costs associated with the review of implementation of
the UN Convention on Corruption), and a series of world-wide economic crises, which have led the major
donor countries to reconsider their commitments.
The Secretariat has made commendable efforts to secure extrabudgetary funding, and has succeeded insignificantly expanding its technical assistance activities around the world. However, this shift towards ahigh dependence on extrabudgetary funding has also had negative consequences. These consequences
include the constant need to spend considerable time on identifying sources of funding, uncertainty over thesustainability of various projects, competition within the UNODC over resources, and concerns that much of
the work that is carried out will remain tied to the interests of the donors.
As long as only 10 % of its activities is funded through the regular UN budget, the UN Crime Programmeleads a tenuous existence. It is unlikely that these financial constraints will ease anytime soon. In addition,
the UNODC is constantly being asked by member states to take on even more tasks.
Focus on organized and transnational crime, efficiency and punitive measures. The adoption of the two UN
crime conventions has provided welcome tools for the international community to respond to serious threats.
The global conventions have considerably expanded the geographical scope of cooperation. They provide
common definitions of certain key offences; they require (or, in some cases, at least encourage) states parties
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FEATURED ARTICLE
to criminalize these acts; and they have standardized and contributed to the development of procedural
forms of cooperation. At the same time, however, the increased attention given to the improvement ofinternational law enforcement and judicial cooperation appears to have resulted in correspondingly lessattention being paid to prevention, to community-based and restorative measures, and to strengthening theposition of the victim of crime.
1.5. The impact of the Sustainable Development Goals
In September 2015, the United Nations Summit adopted the 2030 Agenda for Sustainable Development.
The 2030 Agenda emphasizes the links between the different goals, among them (as part of Goal 16) crime
prevention and criminal justice. The 2030 Agenda could contribute to a further transition in the UN Crime
Programme, towards a truly global UN Crime Programme that pays increasing attention to how crime
prevention and criminal justice can contribute to sustainable development around the world, in bothdeveloping and developed countries. Such a UN Crime Programme would be framed by the links between
Goal 16 and other Goals, such as gender equality, the sustainability of communities, and poverty reduction.
It would continue to deal with pressing questions related to transnational and organized crime, but would
also deal with the prevention of and response to “ordinary” crime. It would continue to identify best practices
in international law enforcement and judicial cooperation, but would also seek to identify best practices inthe strengthening of access to justice, restorative justice, victim support and community-based sanctions.
The ground work for this has already been laid. The extensive body of UN standards and norms provides
a framework for the national and international response to crime, and in so doing serves to strengthen
respect for human rights and the rule of law in the criminal justice system.
There are encouraging signs that this transition is already underway. One sign is that there has been aslight resurgence in the number of “experts from the capitals” attending UN Crime Programme meetings,
working alongside the diplomats on such practical issues as prosecutorial and judicial cooperation, or the
response to cybercrime. Another sign is the growing capacity of the UNODC (albeit subject to the availabilityof extrabudgetary funding) to provide technical assistance to member states. A third sign is the expanding
work of the UN Programme Network of Institutes in providing member states with technical assistance inresearch, training and policy development in crime prevention and criminal justice.
The global Covid-19 pandemic, in turn, alongside of all the suffering it has caused, may have indirectly
contributed to growing involvement of “experts from the capitals” in the UN Crime Programme. Governments
around the world have locked down the population and restricted domestic and international travel. As aresult, in-person meetings (such as those that have been held in Vienna) have been replaced at least for thetime being by online and “hybrid” meetings, which opens up the possibility that the national experts could
attend UN Crime Programme meetings online.
The changes brought about by the adoption of the 2030 Agenda and the SDGs can build on the strengthsof the three previous transitions.  The intellectual debate from the early years can be revitalized in order tobring in research and best practices from around the world, channelled for example through the UNODC
and the Programme Network of Institutes so that it is reflected in the discussions at the UN Crime
Commission, the UN Crime Congresses and other meetings. The government-driven discussions can in thisway benefit from the input of experts, who can identify what best practices can be adapted to the different
circumstances around the world so that these meet not only the general needs of member states, but also
the ground-level needs of practitioners and local communities, of victims and of offenders.
The soft law and the hard law elements of the UN Crime Programme reinforce one another in strengthening
local, national and international crime prevention and criminal justice, and in this way contribute to theongoing work on the review of the implementation of the 2030 Agenda.

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2. The structural elements of the UN Crime Programme
2.1. The overall structure
The primary responsibility within the UN system for issues related to crime prevention and criminal
justice lies with the Economic and Social Council. Some politically sensitive crime issues, such as war
crimes, genocide and terrorism, are now and then debated directly in the General Assembly of the UN. In
addition, the General Assembly at times sets up special bodies to deal with specific issues, such as thedrafting of new international agreements.
Within the UN Secretariat, issues relating to crime prevention and criminal justice are dealt with by the
UN Office on Drugs and Crime (UNODC), although related issues are also considered by, for example, theOffice of the United Nations High Commissioner for Human Rights.
2.2. The UNODC and its field and regional offices16
The United Nations Office on Drugs and Crime acts as the Secretariat to the UN Crime Commission, theUN Commission on Narcotic Drugs, and to the Conferences of the States Parties to the two UN Crime
Conventions and the three Drug Control Conventions.17
For most of its existence, the Secretariat unit responsible for the UN Crime Programme remained small,with fewer than a dozen professional staff members, and somewhat more secretarial staff members. Overthe past twenty years, largely as a consequence of the adoption of the two UN Crime Conventions, thenumber of professional staff members dealing with substantive crime issues in the UNODC has increased toabout 350, serving both at the UNODC headquarters in Vienna, and at regional and field offices around theworld.18
UNODC regional offices have been established in Bangkok (Southeast Asia and the Pacific), Cairo (Middle
East and North Africa), Dakar (West and Central Africa), New Delhi (South Asia), Nairobi (East Africa),
Panama City (Central America and the Caribbean), Pretoria (South Africa) and Tashkent (Central Asia). In
addition, UNODC has seven national offices and 94 programme offices.19
2.3. The UN Commission on Crime Prevention and Criminal Justice20
The United Nations Commission on Crime Prevention and Criminal Justice (the UN Crime Commission)functions as the governing body of the UNODC. The UN Crime Commission coordinates with other United
Nations bodies that have specific mandates in the areas of crime prevention and criminal justice, and is also
the preparatory body to the United Nations Crime Congress. The UN Crime Commission thus acts as theprincipal policy-making body of the United Nations in the field of crime prevention and criminal justice.
The UN Crime Commission consists of forty member states elected by ECOSOC for a term of three
16

For further information, see unodc.org
The three Drug Control Conventions are the Single Convention on Narcotic Drugs of 1961, as amended by the 1972
Protocol; the Convention on Psychotropic Substances of 1971; and the United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances of 1988.
18
This, however, is only an estimate. The UNODC currently has a total of 2,400 professional and secretarial staff members
at the headquarters in Vienna, and at field and regional offices around the world. It is difficult to assess precisely how many
staff members deal with drug control issues and how many with crime prevention and criminal justice issues, since forexample the UN border control and container control programmes serve both areas.
19
https://www.unodc.org/unodc/en/field-offices.html#:~:text=UNODC%20operates%20in%20more%20than,with%20
2%2C400%20UNODC%20personnel%20globally20
For further information, including the documentation and reports from the sessions of the UN Crime Commission, see
https://www.unodc.org/unodc/en/commissions/CCPCJ/index.html
 	  Christopher Ram 2012 has laid out several suggestions for how the work of the Commission (and, indirectly, of the UN
Crime Programme itself) can be strengthened. See esp. pp. 98 ff.
17

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years. The sessions of the UN Crime Commission are attended also by a very large number of observerstates as well as by other categories of participants: representatives of UN specialized agencies, the UN
Crime Programme Network of Institutes (PNIs), intergovernmental organizations and non-governmentalorganizations.21
The UN Crime Commission holds annual five-day sessions (generally during May). Since 2009, “reconvened”
sessions of two or three days have been held in early December. In addition, “intersessional” meetings havebeen held as necessary.
Over the years, the formal agenda of each annual session has become relatively standard. Following the
opening of the session, there will be a general debate (usually lasting the first day), followed by what is called
a “thematic debate” related to the special theme selected for that respective session of the UN Crime
Commission (usually lasting the second day). Ether on the afternoon of the first day or on Tuesday, the UN
Programme Network of Institutes (PNIs) together with the UNODC organize a workshop related to thistheme.
Towards the middle of the week, the UN Crime Commission takes up strategic management, budgetary
and administrative questions, followed by “integration and coordination of efforts by the UNODC and bymember states in the field of crime prevention and criminal justice.” This includes ratification andimplementation of the two UN Crime Conventions and of international instruments related to terrorism, as
well as for example activities of the PNIs, NGOs and other bodies.
On Thursday, according to this somewhat standardized agenda, the UN Crime Commission discusses theuse and application of UN standards and norms in crime prevention and criminal justice; world crime trends
and emerging issues and responses; as well as follow-up to the previous UN Crime Congress, and preparations
for the following UN Crime Congress.
On the last day, Friday, the UN Crime Commission directs its attention for example to implementation of
the Sustainable Developments Goals. The afternoon is reserved for the draft agenda of the next session of
the UN Crime Commission, the adoption of resolutions, and the adoption of the report.
The discussion on each of the agenda items follows a relatively standard procedure. Once the Secretariat
representative has introduced the agenda item (or the members of a panel or roundtable have given theirstatements), the chairperson opens the floor for discussion. Regional groups have the option of speaking first,
followed by representatives of member states. If Ministers or other dignitaries are in attendance, they will
generally be invited to speak first.
The Secretariat keeps the list of speakers, which the chairperson consults in giving speakers the floor.
Persons who wish to speak should contact a conference room officer and ask to be placed on the list of
speakers, on the basis of “first come, first served.” The speaker can also ask to be allotted a certain time (suchas the first to speak after lunch, or the first to speak after another speaker), as long as this does not endanger
the “first come, first served” approach, or speakers whose priority would be affected inform the conference
room officer that they agree to this.
The conference room officer will usually ask if the statement is in writing, so that this can be distributed
to the interpreters. If so, the written statements should preferably be given to the Secretariat at least anhour in advance, so that the Secretariat has time to deliver it to the interpreters' booths, and the interpreters,in turn, have time to note the availability of the text, and use it for the interpretation. (The UN interpreters
are very competent, and can adjust if the speaker makes changes to the text during delivery.)
Because of the need for interpretation, oral statements should be given at a relatively leisurely pace: notponderously slow, but definitely not in a rush. Most interpreters prefer simple, straightforward sentencesthat follow the normal rhythm of conversation. All too often, written statements can include long andconvoluted sentence structures which can be difficult to follow, even if the interpreter has a written text in
21

Representatives of specialized agencies, PNIs, IGOs and NGOs may take the floor only if no state wishes to do so. In
practice, this means that their contribution to the debate has become indirect and rather marginal.

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front of him or her.
The chairperson may limit the length of oral statements. However, even if no limit has been placed,
speakers should avoid trying the patience of the audience, who have to sit through six hours of meetings
every day, involving a study stream of oral statements. PowerPoint presentations and even videos may help
in getting a point across, but if these are given, the speaker should be mindful that the UN works with six
official languages, and thus perhaps the majority of the participants will depend on the interpretation.
Under the rules of procedure, the chairperson has the power to call a speaker to order if his or her
remarks are not relevant to the subject under discussion. This is extremely rare.
The formal discussion on all of the agenda items at sessions of the UN Crime Commission, with the
exception of the PNI Workshop, takes place in the plenary. Much of the work of the UN Crime Commission,
however, takes place elsewhere, in the informal negotiations (known as “informals”) and in the Committeeof the Whole. It is here that most of the negotiation over the draft resolutions takes place (see section 4.2.).
In addition, various member states, PNIs, intergovernmental organizations and nongovernmentalorganizations organized so-called side events (similar to the ancillary meetings organized at UN Crime
Congresses), on a large variety of issues.
The participants at UN Crime Commission sessions will have before them extensive documentation
produced by the UNODC and generally available in advance at the unodc.org website. As with the formal
agenda, many of these documents follow the same standardized format, and provide background for the
discussion of the respective items on the agenda.
The final stage of work at UN meetings involves the adoption of the report. The Secretariat generally
assists the rapporteur in this process, and the draft text is usually very carefully constructed to reflect whatshould be an impartial summary of the discussions.
Drafting UN reports can be called an art in its own right. UN meetings often deal with sensitive points,
and the rapporteur (assisted by the Secretariat) seeks to present these in a way that would be acceptable tothe different sides on the issues. With some exceptions (such as heads of state or other distinguishedspeakers) it is not customary for speakers to be identified in the report, even by member state. The reference
will be simply to “one speaker noted” or “several speakers suggested that ...”
Many participants, who may be exhausted by the lengthy negotiations, may assume that the adoption of
the report will be a formality. However, on particularly sensitive issues, some representatives may try to
expand the presentation of the arguments that their side had made, thus correspondingly diminishing theamount of attention given to opposing points of view. One technique used here is for a representative toargue that his/her country's position, as given earlier, was not correctly reflected in the report, and thensubmit a (lengthy) proposal for amending the report to remedy this. The chairperson usually accepts shortamendments along these lines. Given that this may indeed give a one-sided impression of the discussion,
representatives from the other side on the issues may wish to make corresponding amendments based on
points made in the discussions by other speakers.
2.4. The United Nations Congresses on Crime Prevention and Criminal Justice22
The United Nations Congresses on Crime Prevention and Criminal Justice (generally referred to as the
UN Crime Congresses) are the world’s largest global gatherings on crime and justice. They are also theoldest periodic conferences organized by the United Nations on a specific subject area. The Congresses areorganized every five years by the UNODC together with the host country, in accordance with mandates
given by the General Assembly.
22

The following section is based on Matti Joutsen, The Evolution of the United Nations Congress on Crime Prevention andCriminal Justice, Thailand Institute of Justice 2021, available at: https://knowledge.tijthailand.org/en/publication/detail/theevolution-of-the-united-nations-congress-on-crime-prevention-and-criminal-justice#book/

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UN Crime Congresses are intended for the exchange of views between states, intergovernmentalorganizations, non-governmental organizations and individual experts, the exchange of experiences in
research, law and policy development, and the identification of emerging trends and issues in crime prevention
and criminal justice.23
In the formal sense, the UN Crime Congresses do not set UN policy. The outcome of the Congress, theso-called Congress Declaration, is submitted to the UN Crime Commission. However, the argument has been
made that a Congress convened every five years, and attended by senior policy makers from the large
majority of UN member states, does have a marked influence in setting the framework of the work of the
UN Crime Programme for the next five years.
UN Crime Congresses have a formal part and an extensive informal part. The formal part consists of the
opening and the closing sessions, the “high-level segment” in plenary immediately after the opening (during
which participants of ministerial rank and above are allowed to speak, for perhaps about ten minutes per
speaker), the discussion on the agenda items, and the discussion in the workshops. The informal part consistsof a large number of so-called ancillary meetings, meetings of regional groups, possible informal negotiations
among national delegations, and an exhibition.
A total of fourteen UN Crime Congresses has been held to date. The next UN Crime Congress isscheduled to be held in 2025.
If a participant at the first UN Crime Congress, held in Geneva in 1955, would jump in a time capsule toattend the most recent UN Crime Congress, held in Kyoto in 2021, he or she would find much that is familiar(having overcome his or her astonishment at the fact that, due to the pandemic, most of the participants at
the Kyoto Congress attended online). The participants represent member states, specialized agencies,
intergovernmental organizations and non-governmental organizations. In addition (and this is unusual amongmajor UN Conferences, and is a legacy from the IPPC conferences), a number of individual experts attend.
The participants discuss specific agenda items, and a report is prepared on the proceedings. Much has thus
stayed more or less the same.
However, as indicated in the table below, the format and substance of the UN Crime Congresses have
evolved considerably. Among the more important changes are the following:- the participants come from a larger number of member states, and the number of participants has
increased;- Congress Workshops have been added to the formal proceedings;- the number of ancillary meetings has expanded;- a “high level segment” has been added to the UN Crime Congresses (since 2000); and- instead of adopting separate resolutions on different topics, the more recent UN Crime Congresses(since 2000) have adopted a single consolidated Congress Declaration.
Table 1: Timeline of the evolution of the UN Crime Congresses, 1955 – 2021
UN Crime
Congresschanges in the approach to crime,
as reflected in the Congresses

First
Geneva,1955

social defence theory; gradualshift from individual-oriented tosociety-oriented theories of crime

SecondLondon,1960

expansion of criminologicalconcepts beyond a purely
Western perspective

changes in the Congresses
50 national delegations, 500
participants
first UN standard and norm
adoptednumber of participants reaches
1,000
Russian added as official language

notable UN
developments

1962: UNAFEI(first PNI)
established23

GA resolution A/RES/46/152, para 29. Further refinements are provided in ECOSOC resolution 1992/24 and GA resolution
A/Res/56/119 (2002).

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UN Crime
Congresschanges in the approach to crime,
as reflected in the Congresses

Third
Stockholm,
1965

new: attention to prevention andinformal social control
new: attention to the impact ofsocial change on crime

FourthKyoto,
1970

first references to terrorism
first references to organized
crime

Fifth
Geneva,1975

concept of transnational(organized) crime introduced
new: attention to economic costsof crime
new: human rights issues raised
new: crime and development
considered
new: abuse of power considered
new: prison overcrowding
considered

Sixth
Caracas,1980

SeventhMilan, 1985
EighthHavana,1990

new: victim issues considered
new: domestic violence considered

NinthCairo, 1995

growing attention to transnational(organized) crime
new: environmental crimeconsidered

14

Tenth
Vienna,2000

new: rule of law considered

Eleventh
Bangkok,2005

crime increasingly seen as threat
to national security

TwelfthSalvador,2010

new: cybercrime considered
new: education for justiceconsideredchanges in the Congresses
growing participation by developing
countries
first Congress Workshop
technical assistance becomesrecurring agenda item
first Congress held outside Europe
regional preparatory meetingsorganized for the first timenumber of national delegations
exceeds 100
outcome routed to different
addressees (e.g., GA, ECOSOC)

notable UN
developments

1972: ad hoc
UN Crime
Committee
becomespermanent

first Congress in a developing
country
Arabic and Chinese added as official
languages
interregional expert preparatory
meetings organized
first pre-Congress consultations
first UN crime survey given toCongress
votes on several resolutions
32 different documents adopted
45 separate resolutions adopted

interregional expert preparatory
meetings no longer organized
Congress shortened to 8 days
number of participants nears 2,000“omnibus” resolution
first high-level segment (held at theend of the Congress)
first consolidated Congress
Declaration; no separate resolutions
institutionalized Congress follow-up

number of participants reaches
3,000

1991: UN Crime
Committee
replaced by UN
Crime
Commission

2000: MDGs
adopted
2002: GA res
56/119 on theCongresses
2003: UNTOC
enters into
force
2005: UNCAC
enters into
force
2006: expert
group meetingon Congresses

FEATURED ARTICLE

UN Crime
Congress
ThirteenthDoha, 2015

Fourteenth
Kyoto,
2021

changes in the approach to crime,
as reflected in the Congresseschanges in the Congresses
Congress Workshops “interlocked”
with topics
high-level segment shifted to
beginning of Congress
number of national delegations
exceeds 140
number of participants nears 4,000
first major UN conference to beheld in a hybrid format(260 on-site participants and 5,300
on-line participants)

notable UN
developments
2015: SDGs
adoptedThe officials of the Congress (referred to collectively as the general committee; broadly similar to the
Bureau of the UN Crime Commission) consist of the President (by tradition, the head of the delegation of thehost Government), and 27 vice-presidents, a chairperson for each of the two Committees, as well as a generalrapporteur.
The Secretary-General is represented by a senior UN official referred to as the Secretary-General of theCongress, who is assisted by the Executive Secretary. The extensive responsibilities of the Executive
Secretary include ensuring that all of the official documentation as well as interpretation services are available
in the official languages, servicing the meetings (including maintaining the list of speakers for the chairperson)
and assisting the rapporteurs in the drafting of the reports.
Following an innovation adopted for the Thirteenth UN Crime Congress in 2015, each Workshop precedes
the discussion on its respective agenda item, and the results of the Workshop are reported to the Committee
under that agenda item. Each Workshop is thus “interlocked” with the corresponding agenda item.
While the discussion on the agenda items tends to focus on policy and on developments in the different
member states, the Workshops are intended to be more practical and technical, of interest in particular topractitioners. Each Workshop is prepared by one or more institute in the UN Programme Network of
Institutes, in cooperation with the UNODC and at times individual member states.
Ancillary meetings are organized in connection with the Congresses. These are meetings of nongovernmental, professional organizations and geographical interest groups. The level of discussion at suchmeetings has often been quite high. The coordination of these ancillary meetings is done by the International
Scientific and Professional Advisory Council (ISPAC), and in practice by one individual working in close
coordination with the Secretariat and the host government, Mr. Gary Hill. Under his guidance, the ancillary
meetings are scheduled so that, to the extent possible, these do not overlap with formal sessions or otherancillary meetings covering similar issues.24
Various professional and regional associations may wish to take advantage of the presence of many of
their members at the Congress site, and organize meetings that are limited to their members and to invited
guests. Such closed meetings may also cover a specific item where security is concerned (such as the trainingof police cybercrime technicians). Also these meetings are coordinated, on request of the UNODC, by ISPAC.
At an exhibition organized throughout the duration of the UN Crime Congress, various governments,
NGOs, professional associations, UN bodies (including the Programme Network Institutes) and commercial
vendors present information on their work or products.
Each UN Crime Congress produces a single document called a Congress Declaration “containing
24

Through the efforts of Mr. Hill and those of his team of volunteer “interns”, ancillary meetings at the more recent UN
Crime Congresses have also been provided with interpretation as needed, and summaries of the different ancillary meetings
have been made available.

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recommendations derived from the deliberations of the high-level segment, the round tables and theworkshops, to be submitted to the Commission for its consideration.”
The concept of a single Congress Declaration was introduced at the 2000 UN Crime Congress, andreplaced the different resolutions that earlier Congresses had adopted on a wide range of topics.
The (draft) Congress Declarations are negotiated in advance of the Congress, using as their basis therecommendations and conclusions from the regional preparatory meetings.
The Congress Declaration is not the only outcome of each Congress. In addition to the official report of
the Congress, each Congress produces a considerable amount of documentation, such as the official backgrounddocuments prepared by the Secretariat (which have been of very high quality), the reports of the regional
preparatory meetings, a number of conference room documents, a large number of documents submitted byvarious participants in the different categories, as well as the unofficial report of the ancillary meetings.
At the more recent UN Crime Congresses, the respective UN Crime Programme Network Institute that
had the lead role in organizing each Workshop has usually produced a report containing the various panelpresentations and related material. In respect of the Thirteenth and the Fourteenth UN Crime Congresses,
thanks to cooperation between the UNODC and the respective host government, much of this material has
been made available through the Congress website,25 thus providing a wealth of information even for thosepractitioners, policy-makers and researchers around the world who had not participated, and in this way
increasing the impact of the Congresses.
Finally, it may be noted that over the past two decades, both the UN Secretariat and the UN Crime
Commission have devoted increasing attention to ensuring that the UN Crime Congresses are not “one-off”
events, which are forgotten as soon as preparations begin on the next five-year cycle. A standing item on theagenda of the UN Crime Commission is the UN Crime Congresses, during which implementation of action
points raised by the previous Congress is reviewed and discussed, at the same time as the preparations forthe next Congress are advanced. This ensures continuity in the process.
The Fourteenth UN Crime Congress in Kyoto, 202126
The Fourteenth United Nations Congress on Crime Prevention and Criminal Justice was organized in
Kyoto, Japan, from 7 to 12 March 2021. It continued the long tradition of the world’s largest get-togethers on
crime and justice, but in some respects, it was a very different Congress. Above all, it was the first major
UN conference in any field to be organized after the beginning of the Covid-19 pandemic, with only a few
hundred participants on-site, and the vast majority, some 5,300, participating online from all around theworld. The Kyoto Congress set the pattern for how this can be done in such unprecedented circumstances.
What is more, the Kyoto Declaration, the main outcome of the Crime Congress, is remarkably substantive,
balanced, well-structured and well written. The Kyoto Declaration is the politically most important substantive
outcome of the Congress. It is a political statement negotiated by the member states in advance of theCongress and adopted by the member states on the opening day of the Congress.
While the Kyoto Declaration itself is not binding, it is of great significance to the international community.
It has been laboriously drafted and negotiated, and since the representatives of the member states gathered
in Kyoto have adopted it, it is clear that the document embodies their vision of what member states shouldcommit to on the national level and how they would like to see international cooperation evolve.
The Kyoto Declaration is balanced in the sense that it deals with crime prevention and criminal justiceat different levels, from local to national and international issues. It covers a wide range of issues, including
the need to support victims and vulnerable communities, gender-sensitive crime prevention, the rule of law,transnational crime, anti-corruption, emerging forms of crime, as well as the operation of the domestic
criminal justice system and international cooperation. The Kyoto Declaration is also very timely, above all25

http://www.unodc.org/congress/en/previous/previous-13.html
See Matti Joutsen, Impressions from the Fourteenth UN Crime Congress and the attached report, available at https://heuni.fi/-/14th-un-crime-congress-matti-joutsen

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by including several paragraphs on the impact and response to the Covid-19 pandemic.
2.5. The Conference of the States Parties of the two UN Crime Conventions
The governing structures of the two UN Crime Conventions steer the respective crime-related work of
the member states that are parties to the conventions:• the Conference of the States Parties to the UN Convention against Transnational Organized Crime;27
and• the Conference of the States Parties to the UN Convention against Corruption.28
Five Working Groups have been established under the mandate of the UNTOC CoSP and two Working
Groups as well as one expert group under the mandate of the UNCAC CoSP, in order to discuss particular
topics related to the conventions. Three of the UNTOC working groups deal with each of the three protocols(trafficking in persons, the smuggling of migrants, and trafficking in firearms). A fourth UNTOC working
group deals with international cooperation, and a fifth with technical assistance. The UNCAC working
groups deal, respectively, with prevention and asset recovery, and there is an expert group that deals withinternational cooperation.
The respective Conferences of the States Parties are convened in alternate years; the CoSP for UNTOC
will meet in 2022, followed by the CoSP for UNCAC in 2023. The working groups under the two CoSPs,
however, generally meet annually.
The work of the CoSPs clearly overlaps with the work of the UN Crime Programme related to, respectively,transnational organized crime and corruption. However, each have somewhat different constituencies (not all
UN member states are parties to UNTOC or its protocols, or to UNCAC), and there are significant differencesin the legal obligations involved. The two UN Crime Conventions consist of “hard law,” while the UN Crime
Commission operates on the basis of consensus in its negotiation largely of soft law resolutions and declarations.
In 2009, a mechanism for review of the implementation of UNCAC was established. This involves anextensive programme of peer review in each of the state parties, with an annual cycle of reviews and, whereagreed, on-site visits by the experts conducting the peer review.29 Although the UNCAC peer review
mechanism was less intensive and thorough than the corresponding peer review conducted for example
within the framework of the OECD for its convention on bribery, the process has arguably succeeded inencouraging many states parties to change their legislation and update their anti-corruption structures andpolicies.
Following the apparent successes of this process and mechanism, lengthy negotiations were conducted inorder to establish a corresponding mechanism for the review of implementation of UNTOC and its three
protocols. These proved difficult, for a variety of reasons. The UNCAC review mechanism did appear to be
successful, but it was clearly very resource-intensive. Since 2009, when the UNCAC review mechanism wasestablished, the UN’s ability to identify funds for similar activities in the UNTOC area proved difficult.
Furthermore, UNTOC, in comparison to UNCAC, was arguably more complex, in that it involved not only
the Convention, but also the three protocols, each of which dealt with a very different set of issues andinvolved somewhat different sets of states parties as well as stakeholders.
Ultimately, agreement was reached in 2018 on a mechanism for the review of the implementation of
UNTOC and its three protocols. As compared to the corresponding mechanism for the review of UNCAC,
the UNTOC mechanism was “lighter”, in that it relied far more on voluntary participation of the states
parties.30
27

See https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html
See https://www.unodc.org/unodc/en/treaties/CAC/index.html
29
See Matti Joutsen and Adam Graycar, When Experts and Diplomats Agree: Negotiating Peer Review of the UN
Convention Against Corruption, Journal of Global Governance Vol. 18, No. 4 (Oct.–Dec. 2012), pp. 425-439.
30
The UNTOC review process is outlined in https://www.unodc.org/documents/treaties/UNTOC/COP/SESSION_10/
Resolutions/Resolution_10_1_-_English.pdf
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2.6. The United Nations Crime Programme Network of Institutes
The United Nations Crime Prevention and Criminal Justice Programme Network of Institutes (PNI) has
grown over the years to consist of seventeen institutes, the International Scientific and Professional Advisory
Council (ISPAC) and (formally speaking) the UNODC. These institutes have a variety of different mandates.
Nonetheless, they all share a commitment to working together within the framework of the United Nations
Crime Programme.
To list the PNI institutes very broadly by their mandate:- the United Nations Interregional Crime and Justice Research Institute, UNICRI, Turin (established1968);- five institutes with a primarily regional mandateo the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders; Tokyo(UNAFEI, the oldest institute; 1962);
o the Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD);San José, 1975;o the European Institute for Crime Prevention and Control, affiliated with the United Nations(HEUNI); Helsinki, 1981;o the African Regional Institute for the Prevention of Crime and the Treatment of Offenders(UNAFRI), Kampala, 1987; ando the Naif Arab University for Security Sciences (NAUSS); Riyadh, 1972;- seven specialized institutes / entities, each with an international mandateo the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR & CJP);
Vancouver, 1991;
o the International Scientific and Professional Advisory Council of the United Nations Crime
Prevention and Criminal Justice Programme (ISPAC), Milan, 1991;
o the Siracusa International Institute for Criminal Justice and Human Rights (SII), Siracusa, 1972;o the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI); Lund, 1984;o the International Centre for the Prevention of Crime (ICPC); Montreal, 1994;
o Institute for Security Studies (ISS); Pretoria, 1991; ando the Basel Institute on Governance / the International Centre for Asset Recovery, Basel, 2003; and- five national level instituteso the Australian Institute of Criminology (AIC); Canberra, 1973;o the Korean Institute of Criminology and Justice (KICJ), Seoul, 1989;
o the National Institute of Justice (NIJ); Washington D.C., 1968;o the Thailand Institute of Justice (TIJ), Bangkok, 2011; ando the College for Criminal Law Science (CCLS), Beijing, 2005.
The interregional institute, the first four regional institutes listed above, and ISPAC were establishedspecifically within the framework of the UN Crime Programme. NAUSS, the six specialized institutes andthe five national level institutes each have their own original mandate, but have agreed (usually through amemorandum of understanding) to cooperate with the UNODC and the UN Crime Programme.
The report of the Secretary-General to the first session of the UN Crime Commission, in 1992, laid out thefunctions of the Programme Network of Institutes:31(1) service as a link between the UN and the member states in the different regions;(2) promotion of interregional, regional and subregional cooperation;(3) fostering UN criminal policy;(4) keeping member states abreast of the work and perspectives of the UN;(5) advising the Secretariat of the special needs, concerns and priorities of the region; and(6) assistance in the implementation of the UN Crime Programme.
The actual activities of the individual PNI institutes and entities can be divided into four “baskets”:- activities that are carried out in accordance with mandates formulated by the UN Commission on
Crime Prevention and Criminal Justice. Examples include organization of workshops at the UN
31

E/CN.15/1992/3, para 5.

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Congresses and the Workshop connected with the thematic debate at annual sessions of the UN Crime
Commission;
activities that otherwise directly support the work of the UNODC. Examples include assisting the
UNODC in the preparation of documentation for the UN Crime Congresses and the sessions of the UN
Crime Commission, assistance in organizing regional preparatory meetings for the UN Crime
Congresses, and organization together with the UNODC of various expert meetings and training
programmes;
activities that otherwise contribute to implementing UN mandates in crime prevention and criminal
justice. Examples include various training programmes and research projects; andactivities that are conducted primarily in accordance with mandates coming from sources other thanthe UN. This is the case in particular with the five national level institutes, which are primarily
accountable to their respective national Government.

The two clearest examples of the contribution of the PNIs to the UN Crime Programme are in connection
with the organization of the UN Crime Congresses, and in the organization of the annual sessions of the UN
Crime Commission.
The PNI has had two specific roles to play in the organization of the UN Crime Congresses. First, in the
preparations for the following UN Crime Congress, some institutes (such as ILANUD, but also for example
UNAFRI and NAUSS) have been instrumental in organizing regional preparatory meetings, and in mobilizing
regional interest in participation. Second, beginning with the organization by HEUNI and UNICRI of aworkshop at the 1985 UN Crime Congress in Milan on juvenile justice, the PNIs have assumed a considerable
share of the responsibility for the UN Crime Congress workshops. This role of the institutes was formallyrecognized by the UN Crime Commission in 2001.
Since 2001, the PNIs have organized side events at the sessions of the UN Crime Commission andancillary meetings at the UN Crime Congresses. The PNIs have also been responsible, together with the
UNODC, for the organization of the Workshop associated with the respective theme of each session.

3. Who’s who in the UN Crime Programme
3.1. The member states
The member states are the most important units in the UN Crime Programme. This is evident alreadyfrom the formulation of General Assembly resolution 46/152, which defines the mandate of the UN Crime
Commission as helping member states in preventing crime and in improving the response to crime.
The importance of member states is also heightened by the fact that the UN Crime Commission consistsof forty member states elected by ECOSOC, and by the fact that the budget of the UN to conduct this work
comes almost entirely from assessments from member states (the regular UN budget) and from so-called
extrabudgetary funds, which also are largely from member states.
In order to assure the equitable distribution of seats in various UN bodies (such as the UN Crime
Commission), the 193 member states have been divided into regional groups as follows:32• the African Group, with 54 member states;• the Asia-Pacific Group, with 53 member states;• the Eastern European Group, with 23 member states;• the Latin American and Caribbean Group (GRULAC), with 33 member states; and• the Western European and Others Group (WEOG), with 28 member states, plus one member state (theUnited States) as an observer state.
A variety of other regional groupings exist within the United Nations. Two important ones (in the sensethat for example they engage in regional consultations during sessions of the UN Crime Commission, and32

https://www.un.org/dgacm/en/content/regional-groups

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their respective spokesperson may give statements) are the G-77 + China (an organization of developing
countries, with 131 members) and the European Union (with 27 members).
In the UN Crime Programme, the political “weight” of a member state in discussions at the UN Crime
Commission, the UN Crime Congress or the Conferences of the States Parties to the two UN Crime
Conventions is often of less importance than the professional competence and negotiating skill of the individual
representative of the member state in question. Small and large member states alike have experience andinsights to share. The “spirit of Vienna” that seeks consensus on all issues at UN Crime Programme meetings,
without the need to resort to a vote, underlines the importance of getting the cooperation of all member
states.
3.2. The specialized agencies and the PNIs
A number of specialized UN agencies (such as ILO, UNESCO and WHO) may have an interest in the
topics on the agenda of the various UN Crime Programme meetings, and they often participate as observers.
Strictly speaking, a “specialized UN agency” is an autonomous organization that works with the UN (andother agencies) under the coordination of ECOSOC. However, at times various units of the UN Secretariat
itself (such as the United Nations Development Programme) will send representatives to UN Crime
Programme meeting and be listed as a “specialized UN agency.”33
At UN Crime Congresses and sessions of the UN Crime Commission, the PNIs (see section 2.6.) havegenerally been classified as belonging in the category of specialized UN agencies. They participate as
observers.
3.3. Intergovernmental organizations
Formally, an intergovernmental organization is one in which the members are national governments. The
United Nations itself is the best-known example. Other examples that have played an important role in thecrime prevention and criminal justice sector are the Council of Europe, the Organization of American States,
the African Union and the European Union.34
Intergovernmental organizations participate in many UN Crime Programme meetings as observers.
3.4. Non-governmental organizations
As is the case with intergovernmental organizations, non-governmental organizations (NGOs) participate
in UN Crime Programme meetings as observers. The role of non-governmental organizations in the UN ingeneral, and in the UN Crime Programme in particular, has evolved considerably over the years.35
When the United Nations was founded in 1945 as an intergovernmental organization, non-governmentalorganizations (NGOs) successfully lobbied for a provision in the Charter that grants NGOs consultative status
with the Economic and Social Council. Article 71 of the UN Charter states:“The Economic and Social Council may make suitable arrangements for consultation
with non-governmental organizations which are concerned with matters within its
33
The most recent UN Crime Congress, the Fourteenth, used the following separate sub-categories of specialized UN
agencies: the United Nations; representatives of United Nations Secretariat units; United Nations bodies and agencies; theUnited Nations Interregional Institute, affiliated regional institutes and centres of the UN Crime Prevention and Criminal
Justice Programme Network; and specialized agencies.
34
Although the International Criminal Police Organization is usually listed in this category, it is strictly speaking notintergovernmental, since its membership consists of the criminal police entities of different countries.
35
See Matti Joutsen, What is the Role of the Public in Crime Prevention and Criminal Justice? The Debate in the United
Nations, UNAFEI Resource Material Series 105, pp. 49-69, Tokyo 2018, available at https://www.unafei.or.jp/publications/
pdf/RS_No105/No105_9_VE_Joutsen_2.pdf

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competence. Such arrangements may be made with international organizations
and, where appropriate, with national organizations after consultation with theMember of the United Nations concerned.”
ECOSOC rules of procedure recognize NGOs as a specific category of participants.36
On the basis of Article 71 of the UN Charter, a distinction is made between NGOs with consultative
status with ECOSOC, and other NGOs. Those with consultative status have a standing invitation to attend
for example the sessions of the UN Crime Commission as well as the UN Crime Congresses, whereas otherNGOs need to apply to the UN Secretariat for an invitation to attend.
The International Scientific and Professional Advisory Council (ISPAC) was established in 1991 to serve
as a structure for networking among NGOs, as well as academic institutions interested in the work of the
UN Crime Programme. In addition, alliances of NGOs with consultative and associated status have been
established in both New York (1972) and Vienna (1983).
In the past, the role of NGOs has been quite discernible in the drafting of the UN standards and norms
on crime prevention and criminal justice, beginning with the first such standard and norm, the Standard
Minimum Rules on the Treatment of Prisoners (SMRs), which was adopted by the General Assembly in 1955.
The SMRs had, indeed, been drafted under the auspices of the IPPC. Especially during the time of the UN
Crime Committee, other standards and norms were generally drafted by outside experts, who often worked
together with various NGOs and academic institutions that were active in respect of the subject matter ofthe draft. These drafts were generally then submitted to a UN Crime Congress for approval and action.
Currently, however, new standards and norms are generally drafted at UNODC Expert Meetings convenedin accordance with a mandate given by the UN Crime Commission. The draft will then be submitted to the
UN Crime Commission for action.
3.5. Individual experts
The large majority of persons attending UN Crime Programme meetings represent a member state or
an organization. However, individual experts continue to play a role in the UN Crime Programme. They forma recognized category of participant at UN Crime Congresses. Perhaps more importantly, individual
practitioners and academics have been active in various technical assistance projects, and in the drafting ofmanuals and other documentation being prepared by the UNODC and the PNIs.

4. The products of the UN Crime Programme
4.1. The UN Crime Programme standards and norms
The term “standard and norm” refers, in the context of the UN Crime Programme, to a set of instruments
adopted by the General Assembly and ECOSOC (and in a few exceptional cases, by other bodies) that aredesigned as benchmarks for the development of crime prevention and the criminal justice system. As notedon the UNODC website,37 “These standards and norms provide flexible guidance for reform that accounts
for differences in legal traditions, systems and structures whilst providing a collective vision of how criminal
justice systems should be structured.”36

Rules of Procedure of the Functional Commissions of the Economic and Social Council, available at http://www.ohchr.org/
Documents/HRBodies/CHR/RoP.pdf
 	  Rule 75 provides for the right of NGOs to designate representatives to attend public meetings of the commission andits subsidiary organs as observers. Rule 76 provides for consultation with NGOs, including the right to be heard by theCommission.
37
https://www.unodc.org/unodc/en/commissions/CCPCJ/ccpcj-standards-and-norms.html

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Over the years, a considerable number of UN standards and norms have been adopted.38 The first to be
adopted was the Standard Minimum Rules on the Treatment of Prisoners, known as the SMRs. Originallyadopted in 1955, these have been updated in 2015. The revised version is known as “the Nelson Mandela
Rules.”
Other key standards and norms deal with- corrections, such as the United Nations Standard Minimum Rules for Non-custodial Measures (theTokyo Rules), the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules), and the Basic principles on the use of restorative
justice programmes in criminal matters;- torture and capital punishment, such as the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the
Safeguards guaranteeing protection of the rights of those facing the death penalty;- justice for children, such as the United Nations Standard Minimum Rules for the Administration ofJuvenile Justice (the Beijing Rules), United Nations Guidelines for the Prevention of Juvenile Delinquency(the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, and the United Nations Model Strategies and Practical Measures on the Elimination ofViolence against Children in the Field of Crime Prevention and Criminal Justice;- crime prevention, such as the Guidelines for cooperation and technical assistance in the field of urban
crime prevention, and the Guidelines for the Prevention of Crime;- violence against women, such as the Declaration on the Elimination of Violence against Women, andthe Updated Model Strategies and Practical Measures on the Elimination of Violence against Womenin the Field of Crime Prevention and Criminal Justice;- victims of crime, such as the Declaration of Basic Principles of Justice for Victims of Crime and Abuseof Power; and- the operation of the criminal justice system, such as the Code of Conduct for Law Enforcement
Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, theBasic Principles on the Independence of the Judiciary, the Guidelines on the Role of Prosecutors, theBasic Principles on the Role of Lawyers, and the United Nations Principles and Guidelines on Accessto Legal Aid in Criminal Justice Systems.
Standards and norms are commonly referred to as “soft law” instruments, in the sense that they provide
guidance but are not legally binding. This does not mean that standards and norms, as “soft law”, aremeaningless, and have no practical effect. The significance of soft law, including standards and norms, does
not lie in any assumed legal binding effect. The significance lies elsewhere, on both the national and theinternational level.
On the national level, international standards and norms may have an instrumental value in guiding
national development.39 They may be used as persuasive arguments by decision-makers in individual
jurisdictions when these decision-makers seek to justify certain courses of action that they would havepreferred even if the standard or norm did not exist. When selecting from among various alternative
approaches to achieving a certain end, the decision-makers may thus defend their choice by referring to
specific provisions in, for example, the Nelson Mandela Rules, the Bangkok Rules, or the Tokyo Rules.
Similarly, international standards and norms can also be used by citizens, non-governmental organizations
and other stakeholders in trying to influence their government to change laws and policy in a certain
direction.
It is difficult to analyse the actual impact of international standards and norms on the domestic level, due
to a number of factors: the absence of an obligation to report, the heterogeneity of the criminal justicesystems of different states, the possibility of different interpretations of the same text, and the difficulty indetermining if a specific change in national law, policy or practice was due to the influence of a United38

See https://www.unodc.org/unodc/en/justice-and-prison-reform/compendium.html
The most widely known example of a standard and norm guiding national development is the Standard Minimum Rules
for the Treatment of Prisoners. It has clearly guided national practice in corrections and, in several cases, helped bring about
legal reform.

39

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Nations standard and norm, or to other factors.
Nonetheless, many reports from states to the United Nations Office on Drugs and Crime cite examples of
the impact, and the literature shows several further examples of impact. In many states, the standards andnorms are becoming part of the national discourse on crime prevention and criminal justice.
On the international level, “soft law” may be seen as an intermediate stage in the formulation of ideas andconcepts that may in time emerge as “hard law”, in the form of international agreements. When ideas areembodied in standards and norms, the recognition and declaration of certain principles and even detailed
rules may be intended to have a direct influence on the practice of states. If this happens, they contribute to
the creation of customary international law, which is widely recognized as binding on states. Standards andnorms, even if they are not in themselves binding, may thus become a source of international law, inparticular if they are drafted in the form of an obligation (e.g., “states shall” do something, as opposed to“states may consider” doing something, or “states are invited” to do something).
4.2. Resolutions
Much of the time of participants at sessions of the UN Crime Commission (and ECOSOC and the General
Assembly), and at sessions of the CoSPs, is devoted to the consideration of draft resolutions. Resolutions areimportant for several different types of reasons.
First, on the substantive level, a resolution (when adopted) embodies the sense of the member states of
the United Nations: what are the priority issues in crime prevention and criminal justice, and what should
be done by the international community in general. They can, for example, call the attention of the member
states, and the international community as a whole, to the emergence of new challenges, such as thedifficulties faced by prisoners with a Covid-19 infection.
On the aspirational level, a resolution may express the will of member states to call upon member states,or to invite other actors (such as intergovernmental organizations) to take specific action.
On the political level, a resolution may be used to promote a certain political agenda: condemning certain
developments, action taken or incidents, welcoming other developments, stressing the importance of certain
values, and so on.
On the practical level, a resolution often requests that the Secretariat take specific actions, such as
prepare a report, organize a meeting or provide certain assistance to member states on request.
Finally, on the linguistic level, and as a document reflecting the outcome of UN negotiations, the phrasing
and terminology used in resolutions often becomes “agreed language,” which may well be referred to in
future negotiations.
The process of the consideration of draft resolutions consists of the following phases:- a member state formulates the purpose and content of the intended draft resolution, and (preferably)
the first draft version for circulation;- initial informal consultations with at least some of the key delegations to solicit their comment and,ideally, their tentative promise to serve as sponsors of the draft in the negotiations, or otherwise toprovide support;40- the formal tabling of the draft resolution, after which it will be translated into all the official UN
languages and distributed;- informal negotiations with all “interested member states.” These are closed negotiations, which may
generally be attended only by representatives of member states. Other individuals may be present, if
the other participants agree;- presentation of the results of the informal negotiations in the “Committee of the Whole” (perhaps with40

Formally, the agreement of all member states which identify as sponsors of a draft resolution should be secured whenamendments are proposed.

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an updated “clean copy” of the text of the draft resolution, as amended); this stage may involve further
negotiations; andsubmission of the results of the negotiations to the plenary for adoption.

The informal negotiations will generally not have the benefit of interpretation into all of the official UN
languages. The considerations in the Committee of the Whole and in plenary, in turn, will have interpretation.
The negotiation of draft resolutions can be quite time-consuming, and some sessions of the UN Crime
Commission have been marked by very lengthy negotiations on multiple draft resolutions that last far into
the night (and the early morning). Generally, the negotiations do lead to the adoption of the draft resolution,although often with extensive amendments in “compromise language.” If towards the end of a session of the
UN Crime Commission it appears that consensus on the draft resolution will not be reached (or could bereached only with substantive amendments that do not meet the interests of the sponsors of the draft), thedraft resolution may be withdrawn.
4.3. UNODC documentation and UN Crime Programme meeting reports
One of the major functions of the Secretariat is to prepare documentation for the consideration of UN
Crime Programme meetings, such as the sessions of the UN Crime Commission, the UN Crime Congresses,
and the Conferences of the States Parties to the two UN Crime Conventions. The result is a steady flow of
information that has been collected and processed by the Secretariat.
The documentation, which is generally of a very high quality indeed, seeks to provide the conceptual
framework for the expected discussion, set out the state of knowledge on the relevant issues, describe what
action has been taken, and possibly suggest for consideration what action should be taken. This is a challenging
task for several reasons, not least because of fairly stringent limits on the length of documents that havebeen imposed in order to keep down the costs of translation and processing of the documents into the six
official languages.
The final stage of work at UN Crime Programme meetings involves the adoption of the report. The
Secretariat generally assists the rapporteur in the drafting of the report, and the draft text is usually very
carefully constructed to reflect what should be an impartial summary of the discussions.
Various UN Crime Programme meetings may, furthermore, request that the UNODC prepare a reporton a subject, for submission and consideration at a subsequent meeting.
In addition to documentation connected directly with UN Crime Programme meetings, the UNODC has
produced, to an increasing pace after the turn of the millennium, many manuals, handbooks, training
materials, reports and compendiums that are intended to be used for example in technical assistanceprojects.41 These include- model legislation that can be used in different legal systems in the implementation of the two UN
Crime Conventions,- manuals and handbooks on how to prevent, investigate and prosecute specific offences (such as
trafficking in persons and the smuggling of migrants),- digests of legal cases showing how different courts have dealt with criminal cases related to the UN
Crime Conventions, and- manuals and handbooks on different aspects of international legal cooperation (such as mutual legal
assistance, extradition, the transfer of prisoners, the recovery of assets).
The UNODC continues to produce excellent research publications. Special reference can be made to theannual Global Report on Trafficking in Persons, and the Global Studies on Homicide and the World Wildlife
Crime Reports. Reports on different aspects of transnational organized crime, from different regions, havealso been published.
41

https://www.unodc.org/unodc/en/international-cooperation/publications.html

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4.4. United Nations Crime Conventions42
As noted in section 1.4, the adoption of the two UN Crime Conventions – the UN Convention against
Transnational Organized Crime and its three protocols, as well as the UN Convention against Corruption –marked a clear transition in the UN Crime Programme, towards an emphasis on hard law and on theeffectiveness of the response of the international community to crime.
The two UN Crime Conventions have influenced international cooperation in at least three respects:- 	 as global conventions, they have considerably expanded the geographical scope of cooperation,- 	 they provide common definitions of certain key offences, and require (or, in some cases, at leastencourage) states parties to criminalize these acts, and- they have standardized and contributed to the development of procedural forms of cooperation.
Global scope. The UN Crime Conventions are global instruments, open to countries around the world.  
Most earlier agreements were bilateral or at most regional. The UN Crime Conventions provide a relatively
clear basis for cooperation between countries, regardless of their legal system or the underlying principlesof the operation of their criminal justice system. At present (April 2022) UNTOC has 190 parties (and its
three protocols have somewhat fewer), and UNCAC has 189 parties. Both thus have considerable geographicalscope.
Criminalization requirements. UNTOC requires that states parties criminalize four types of conduct.
These are, respectively, participation in an organized criminal group, money laundering, corruption andobstruction of justice. In particular the first two of these articles marked a considerable shift in thinking inmany countries. During the negotiations, the definition of participation in an organized criminal group proved
difficult, since few countries had an offence in their laws that would cover the concept. The definition
ultimately represented a merger of the common law concept of conspiracy with elements of the Italian and
U.S. concept of a racketeering influenced and corrupt organization.
UNCAC contains a number of criminalizations. The provisions on money laundering and obstruction ofjustice are broadly similar to those to be found in UNTOC. Understandably, UNCAC goes into greater detailthan UNTOC in requiring the criminalization of corruption offences, such as bribery, and misappropriationor other diversion of property by a public official. In addition, UNCAC contains definitions of some acts thatstates parties are encouraged to criminalize, although there is no obligation to do so. This non-mandatory
approach is the result of the fact that, during the negotiations, many states were dissatisfied with what they
saw as the vagueness of such definitions of offences as trading in influence, abuse of functions, and illicit
enrichment. In addition, some states parties opposed making bribery in the private sector a mandatory
offence.
Procedural cooperation. The impact of the two UN Crime Conventions on procedural cooperation is
illustrated in the following table by comparing what law enforcement cooperation and judicial cooperation
was typically like before the conventions entered into force (referred to here as “traditional cooperation”)
with the “new, improved” cooperation to which the two UN Crime Conventions contributed.

42

For more on the UN Crime Conventions, see Matti Joutsen (2011), The Impact of United Nations Crime Conventions
on International Cooperation, in Cindy Smith, Sheldon X. Shang and Rosemary Barberet (eds.), Routledge Handbook ofInternational Criminology, Routledge, pp. 112-124.

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Table 2: Two regimes of cooperation
The traditional cooperation regime
each country uses its own “traditional” investigativemeans
each country carries out its own criminal
investigation
limited scope of offences; lists of offences
limited scope of mutual assistance available
no provisions on confiscation of the proceeds ofcrime
use of diplomatic channels in requesting and giving
assistancebureaucratic
requested state applies solely its own laws in
granting assistance
extradition of nationals not possible

The “new, improved” cooperation regime
introduction of various modern investigative means
possibility of joint investigations
broad scope of offences; no lists of offences
many possible forms of mutual assistance available
such provisions are included, as are provisions on
mutual assistance related to confiscation of theproceeds of crimeuse of a Central Authority, and the possibility of
direct contacts between lower-level authorities“good practice” standards followed (e.g. thepossibility of consultation before possible refusal ofa request)
procedures requested by the requesting state canbe applied if these are not contrary to the laws of
the requested statenationals can be extradited, although subject topossible conditions

Introduction of new investigative means. Because of the diversity of legal systems, investigative techniquesthat have proven useful in one country may not be allowed in another. This applies, for example, to suchtechniques as electronic surveillance, controlled delivery, undercover operations, the promising of immunityfrom prosecution or a reduced sentence in return for cooperation in investigations, and the use of anonymous
witnesses. If an investigative technique is legal in one country (A) but not legal in another (B), this may resultin at least two types of problems. The first is that A will be frustrated by the inability of the law enforcement
authorities of B to use what A regards as an effective tool. The second is that the judicial authorities of B
may not allow the use of any evidence that has been gathered through the use of what, for B, are illegal
techniques, even if the evidence has been obtained in a jurisdiction where the evidence was acquired legally.
In response to this problem, the two UN Crime Conventions encourage State Parties to allow the use ofcertain special investigative techniques. UNTOC and UNCAC refer to controlled delivery, electronic andother forms of surveillance, and undercover operations. These techniques are especially useful in dealing
with sophisticated organized criminal groups because of the dangers and difficulties inherent in gaining
access to their operations and gathering information and evidence for use in domestic prosecutions or inother States Parties in the context of mutual legal assistance schemes.
Possibility of joint investigations. A number of provisions in the UN Crime Conventions focus on overcoming
problems that result when each country carries out its own criminal investigations. Among the innovations
are the possibility of the establishment of joint investigation teams, cooperation in the protection of witnesses,
the establishment of formal channels for the exchange of operational and general information between police
agencies, and the possibility of appointing liaison officers.
Broad scope of offences. The earliest treaties were based on lists of offences.  If an offence was not includedin the list, a country would not provide mutual legal assistance or grant extradition. The reason for this wasthat countries traditionally wanted to specify in advance for what offences they would consider providing
judicial assistance. This led to several difficulties, including the technical ones that arise due to differences indefinitions of even the most basic offences, such as assault or robbery. UNTOC, in contrast, provided thatcooperation should essentially be provided in cases where the offence fit into a generic definition of“transnational organized crime.”
Broader range of forms of assistance. The earliest agreements on mutual legal assistance treaties concerned
merely the service of summons. UNTOC and UNCAC, in turn, include specific provisions on the transfer of
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criminal proceedings, whereby if a person is suspected of having committed an offence under the laws of one
state party, that state party may request another state party to take action on its behalf in accordance with
the Conven¬tion in question, and the latter would prosecute the alleged offender under its own laws.
It has only been relatively recently that international agreements began to contain provisions on assistancein identifying, tracing and freezing or seizing proceeds of crime for the purpose of eventual confiscation(which can be regarded as a special form of mutual legal assistance). The need to come to grips with theprofit motive behind the rapid growth of drug crime led the drafters of the 1988 Drug Convention to requirethat states parties criminalize money laundering, and also to require states parties to create domestic
mechanisms for the tracing, restraint and confiscation of the proceeds of drug-related crime, and to respondto requests presented by other states parties for the tracing, restraint and confiscation of the proceeds of
drug offences. The 1988 Convention was the primary point of reference in the formulation of the corresponding(albeit broader) provisions in UNTOC and UNCAC.
UNTOC and UNCAC allow several forms of assistance that were not envisaged under earlier international
instruments. Examples include video conferences, and what is known as the “spontaneous transmission of
information”, whereby the authorities are allowed, even without a prior request, to pass on information to
the competent authorities of another state that they believe might be of use.
Use of a Central Authority. Traditional mutual legal assistance treaties required that requests be sent
through diplomatic channels. What this entails is that, for example, a request for evidence, usually originatingfrom the prosecutor, is authenticated by the competent national court in the requesting state, and thenpassed on by that state’s Foreign Ministry to the embassy of the requested state. The embassy sends it on
to the competent judicial authorities of the requested state, generally through the Foreign Ministry in thecapital. Once the request has been fulfilled, the chain is reversed.
UNTOC and UNCAC contain provisions on the concept of a “Central Authority.” Although each stateparty may continue to insist on diplomatic channels, these Conventions require that they identify an authority– in practice, often the Ministry of Justice, although also for example Supreme Courts have been designatedas such – to be competent for the transmission of international requests, and to provide guidance forpractitioners. This has tended to shorten the chain of authorities involved, and accordingly has speeded up
the process of obtaining assistance.
Adoption of “good practice” standards. One of the major problems in mutual legal assistance world-wideis that the requested state is often slow in replying, and suspects must be released from custody due toabsence of evidence. There are many understandable reasons for the slowness: a shortage of trained staff,
linguistic difficulties, differences in procedure that complicate responding, and so on. Nonetheless, it can be
frustrating to investigators and prosecutors to find that a case must be abandoned because even a simple
request is not fulfilled in time. UNTOC makes the point of the importance of promptness in two separate
provisions. UNTOC provides that, if the Central Authority itself responds to the request, it should ensure
speedy and prompt execution. If the Central Authority transmits the request to, for example, the competentcourt, the Central Authority is required to encourage the speedy and proper execution of the request.
According to a separate UNTOC provision, the request is to be executed “as soon as possible” and therequested state is to take “as full account as possible of any deadlines suggested by the requesting State
Party and for which reasons are given.”
Difficulties may also arise due to different legal standards. An example of this is the concept of “prima
facie evidence of guilt” which some countries require as a condition for extradition. Since different countries
apply differing rules of evidence, it may be difficult for a practitioner in one country to know what evidence
would satisfy the requirements of the requested state. Both UNTOC and UNCAC call upon state parties tosimplify their evidentiary requirements in this respect.
Possibility to apply the law and procedures of the requesting state. Since the procedural laws of states differ
considerably, the requesting state may require special procedures (such as notarized affidavits) that are notrecognized under the law of the requested state. Traditionally, the almost immutable principle has been thatthe requested state follows its own procedural law. This principle has led to difficulties, in particular when
the requesting and the requested state represent different legal traditions. For example, the evidence
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transmitted from the requested state may be in the form prescribed by the laws of this state, but such
evidence may be unacceptable under the procedural law of the requesting state.
The modern trend is to allow more flexibility in respect of procedures. According to both UNTOC and
UNCAC, a request shall be executed in accordance with the domestic law of the requested state. However,
the respective provisions go on to say that, to the extent not contrary to the domestic law of the requested
state and where possible, the request shall be executed in accordance with the procedures specified in therequest. Thus, although the two UN Crime Conventions do not go so far as to require that the requested
state comply with the procedural form required by the requesting state, they do clearly exhort the requested
state to do so.
Extradition of nationals. One of the most cherished principles in extradition law has been that states will
not extradite their own nationals and will, at most, undertake to bring them to trial in their own courts.  
Today, more and more states are allowing extradition of their own nationals, although some conditions may
be placed, such as that the national, if convicted, should be returned to his or her own country to serve thesentence.  UNTOC and UNCAC incorporate provisions that reflect this development, by allowing for the
possibility of “temporary surrender” of the fugitive on the condition that this person will be returned to therequested State Party for the purpose of serving any sentence imposed. In cases where the requested staterefuses to extradite a fugitive on the grounds that the fugitive is its own national, the state is often seen tohave an obligation to bring the person to trial. Where extradition is requested for the purpose of enforcing
a sentence, the requested state may also enforce the sentence that has been imposed in accordance with therequirements of its domestic law.
4.5. UN Crime Programme technical assistance
Along with the increased focus of the UN Crime Programme on the implementation of the two UN Crime
Conventions, the UNODC and the PNIs have sought to provide more technical assistance to member statesand other organizations on request.43 Much of the UNODC assistance is provided through its network ofregional and national offices.
Substantive priority areas include organized crime and illicit trafficking (including trafficking in persons,the smuggling of migrants, cybercrime and money laundering), corruption and economic crime, and theprevention of terrorism. Technical assistance is provided for example on preventive and security measures,the identification and monitoring of the extent, dynamics and actors involved in crime, the criminal justiceresponse, and international cooperation and information exchange. The UNODC has developed an extensive
Criminal Justice Assessment Toolkit to be used in this work.44
The technical assistance covers, for example, legislative advice (including support in the drafting oflegislation), assistance in the development of national policy and strategies, and capacity building. The two
UN Crime Conventions as well as the UN standards and norms provide the basic framework, which needs
to be tailored to the national and local situation, including not only the assessed needs and priorities, but also
the legal and administrative system, the human and technical resources, and the cultural and politicalcontext.
Although the projects are generally done in direct cooperation with the member state in question, the
UNODC and the PNIs also emphasize the importance of consensus-building, and the involvement of all the
relevant stakeholders, including the relevant civil society organizations as well as bilateral and multilateral
donors.
43

For an overview of the “lessons learned” in UNODC and PNI technical assistance projects, see Margaret Shaw, Maximizing
the effectiveness of technical assistance provided by Member States in crime prevention and criminal justice. Background
Note for the PNI Workshop at the Fifteenth Session of the UN Crime Commission, International Centre for the Preventionof Crime, 2006, available at https://cipc-icpc.org/wp-content/uploads/2019/08/Maximazing_effectiveness_of_technical_
assistance_2006.pdf
44
UNODC Criminal Justice Assessment Toolkit, available at https://www.unodc.org/unodc/en/justice-and-prison-reform/
Criminal-Justice-Toolkit.html

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In the planning of UN Crime Programme technical assistance projects, increasing attention has been
given to the importance of adopting an integrated approach, as opposed to the carrying out of short-term,piecemeal, specialized initiatives that do not take into account the broader need in the target country forinstitutional reform, institution building and capacity building. This calls for taking into consideration suchcross-cutting issues as gender mainstreaming, the promotion of human rights, and support for the participationof civil society. Such an emphasis has been strengthened by the adoption by the General Assembly in 2015of the Sustainable Development Goals.
The UNODC and the PNIs seek to promote evidence-based projects, and emphasize the importance ofevaluating the effectiveness and impact of the assistance provided.
Technological development, and in particular the use of video technology, is rapidly changing the way inwhich the UNODC and the PNIs are developing and conducting technical assistance projects. In project
development, a wide range of stakeholders in the country in question can be consulted online, and they canprovide important details on the national or local context. Similarly in the preparation of technical assistancematerials, online meetings can be used to prepare and finalize the drafts. The training can be and is being
provided online to practitioners and other stakeholders. And finally, in evaluating the results of the programme,a wide range of stakeholders can be interviewed individually or together online. This allows for a morecomprehensive assessment than what would be possible with cost-intensive in-person meetings.

5. International sensitivities in the UN Crime Programme
Different states have different priorities, and there are often disagreements over what should be done.
This section identifies some of the issues that have been repeatedly debated within the scope of the UN
Crime Programme, generally in the context of the drafting of resolutions.
5.1. Work on a proposed UN Convention on countering the use of information and communications
technologies for criminal purposesIssue: What should be the scope of the proposed UN Convention on countering ICT technologies forcriminal purposes.
GA resolution 74/247 established an “open-ended ad hoc intergovernmental committee of experts,
representative of all regions, to elaborate a comprehensive international convention on countering the use of
information and communications technologies for criminal purposes”
Appearance of the issue in practice:• Work has begun at the beginning of 2022 on the negotiation of a UN Convention on countering ICT
technologies for criminal purposes (a “UN Convention on Cybercrime”). However, this was precededby over ten years of disagreements over the need for such a convention.
• The main argument for a UN cybercrime convention is the need for a global convention in the draftingof which all UN member states can participate. Existing regional instruments (and here the referenceis generally to the Council of Europe Convention on Cybercrime from 2001, the “Budapest Convention”)45
are argued to not reflect the concerns of developing countries. Furthermore, some countries haveargued in particular that art. 32(b) of the Budapest Convention, which allows states to obtain informationin another country if the lawful owner of the date consents, without the need for approval of the statein question, is a violation of national sovereignty.
• The main arguments against a UN cybercrime convention include the lack of perceived need (thosemaking this argument hold that implementation of existing frameworks, standards and legislation ismore important than the drafting of new instruments), the expense of drafting and implementing a UN
convention, and the difficulties that would arise if there are two or more competing conventions with45

Reference can also be made to the Shanghai Cooperation Council’s Agreement on Cooperation in the Field of Ensuring
International Information Security (2009), the League of Arab States Convention on Combatting Information Technology
Offences (2010), and the African Union’s Convention on Cyber Security and Personal Data Protection (2011).

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dissimilar provisions.
Now that work has begun on the negotiations, the key issues are likely to concern the respective roleof member states, the private sector (in particular technology companies and service providers), andcivil society in the regulation of cyberspace; the issue of transborder access to data and electronic
evidence; to what extent the proposed convention would cover online content; and to what extent thedata subject has the right to digital privacy.

5.2. Role of civil society
Issue: This (in addition to the current debate over the proposed UN Convention on countering the use of
information and communications technologies for criminal purposes) is perhaps the major disagreement
within the UN Crime Programme at present. It rose to prominence in connection with the negotiation of the
UNCAC implementation review mechanism (2006-2011), and revolves around different understandings of the“intergovernmental nature” of the United Nations. Basically, some states are of the view that non-governmentalorganizations (NGOs) should not have a role in many international discussions on crime prevention andcriminal justice within the UN framework, while other states are of the view that non-governmentalorganizations can strengthen the national and international response.46
Appearance of the issue in practice:• Within the framework of the UNCAC implementation review mechanism, NGOs may at present
attend only plenary sessions of the Conference of the States Parties, but not sessions of the working
groups or of the Implementation Review Group (IRG). A one-day “briefing” is organized for duly
accredited NGOs in connection with the annual main session of the IRG.
• This status quo is viewed by some state parties as the result of a “final” decision, resting on a delicate
balance, and should not be re-opened. Other state parties are of the view that the status quo is amatter that should be kept under constant review in view of the “constructive dialogue” between thestates parties and the NGOs called for by the 2011 session of the Conference of States Parties (the“Marrakesh compromise”).
• More generally within the work of the UN Crime Commission, earlier resolutions have included manyreferences to the necessity of states working together with NGOs also on the international level.
Currently, largely the same states that have opposed NGO involvement on the international level inthe review of the implementation of UNCAC tend to object to references in draft resolutions to civilsociety also in other connections.
• If references to NGOs in a draft resolution seem to have strong support, some objecting states may
insist on language to the effect that the activity of such NGOs must be subject to the law of the statein question.
• A related point of contention has been the accreditation of NGOs to various meetings within theframework of the UN Crime Programme. The basic rule is that NGOs that have consultative status
with ECOSOC may attend UN meetings, unless decided otherwise. Other NGOs may apply for
permission to attend. The Secretariat drafts a list of such requests and circulates it among diplomatic
missions in Vienna. Now and then a state has objected to a specific NGO, in which case the matter isdealt with by the Bureau. If the Bureau cannot reach agreement, the issue is decided by the meeting
itself. In such a case, the NGO is assumed to have the right to attend the meeting until and unless themeeting decides otherwise. (So far, such issues have almost always been solved amicably before thestart of the meeting in question.)
5.3. The mandate of the UN: what can be discussed in Vienna?
Issue: how strict can and should the borderlines be between what is discussed within the framework of
the UN Crime Programme, and what is discussed by other elements in the UN system, such as the UN
bodies debating human rights, the advancement of women, education, climate change and urban development?
46

See Civil Society Engagement in the Implementation of the United Nations Convention against Corruption (2015) conference
room paper submitted by Finland to the UNCAC Conference of the States Parties, CAC/COSP/2015/CRP.3.

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Appearance of the issue in practice:• some states may oppose references in draft resolutions to issues (such as violence against women, or
environmental crime) that would seem to overlap with the mandate of other UN bodies, even if theseare simple references to the importance of an issue.  An example was the demand of one representativethat references to human rights be deleted from a draft resolution being discussed in Vienna, on the
grounds that human rights are dealt with in Geneva.
• references that merely cite resolutions and work by other elements of the UN are generally accepted,
in line with the “one UN” approach.
5.4. Financing of activity, including technical assistanceIssue: what activities should be covered by the regular UN budget, and what activities require theidentification of “extrabudgetary funds.” The UN Crime Commission itself cannot decide on the UN budget,and therefore any draft resolution that may have financial implications (staff work by the Secretariat,
organization of a meeting, and so on) would require a “statement of financial implications” from the Secretariat,
and an indication of how the funding would be obtained.
Appearance of the issue in practice:• major donors to the UN budget tend to oppose increases in the regular UN budget, and require thatany additional activities be conducted only if extrabudgetary funding is made available for this purpose.
Those states that support the activity in question may argue that it is so important that it should be
funded from the regular UN budget.
• If there are financial implications which cannot be covered by the regular UN budget, then the phrase“... subject to the availability of extrabudgetary funds” (or something along the same lines), is inserted
into the draft. If it is not possible to identify the source of such funding, then the relevant provisionsof the resolution (if the resolution is adopted) will in practice not lead to any action.
5.5. Conditionality of technical assistanceIssue: Some states requesting technical assistance oppose requirements that, in order to receive suchassistance, they must take certain steps (such as adopt certain legislation or certain policies). They generally
argue that this constitutes interference in domestic matters. Donors, in turn, may be of the view that certain
steps are necessary for the assistance to have the intended impact.
Appearance of the issue in practice:• Some developing countries are sensitive to phrasing of draft resolutions that would appear to imply
that they must take certain action before they can receive any funding. Their principal argument isthat the international community can successfully respond to crime only if all states have the possibility
to take the requisite measures – and therefore, (unconditional) technical assistance is required.
5.6. Multilingualism
Issue: the UN has six working languages: Arabic, Chinese, English, French, Russian and Spanish. Member
states have the right to participate in the work of the United Nations in their preferred language. Nevertheless,much of the work of the UN takes place in informal settings, in which case there is no allocation forinterpretation. In practice, most of the representatives based in Vienna are able to work in English, and theseinformal negotiations will generally be conducted in English.
Appearance of the issue in practice:• Proposals for holding expert meetings or other meetings that do not specifically allow for interpretation
may be opposed by those whose working language would not be made available.
• States may oppose expert meetings in general and require that the meetings be “open-ended
intergovernmental meetings” which would implicitly require that all six UN working languages can beused. (This, in turn, increases the costs of the meetings and lessens the willingness of states to offer tohost such meetings. It also raises the possibility that the participation of NGOs at such a meeting
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might be questioned, on the grounds that the meeting would be “intergovernmental.”)If a meeting (even an “informal meeting”) is held in one UN language only, representatives of otherlanguage groups may argue that any decisions made even provisionally can be subjected to newdebate, once the consideration proceeds to a forum where all six languages may be used.  (In practice,interested governments have cooperated with the UNODC in the organization of such monolingual
expert meetings in order to prepare draft documents, which can then be submitted for the considerationof the UN Crime Commission.)If negotiations are being conducted on the basis of documentation (such as is the case with the
adoption of a draft resolution or draft report), the consideration may be postponed until the documents
are available in all six working languages.

5.7. Recovery of assets
Issue: Concern that some states do not take sufficiently effective action in tracing, freezing, seizing andconfiscating illegally obtained assets and, in particular, in returning them to the country of origin.
Appearance of the issue in practice:• Several developing countries take the view that those countries to which the proceeds of crime (forexample, of corruption) have been transferred have an obligation under the two UN Crime Conventions
to be much more efficient in recovering and repatriating the proceeds of crime. The states to which
the funds are transferred, in turn, are in general of the view that the proper domestic legal proceduremust be followed, and this, in turn, entails the provision of sufficient evidence that the assets inquestion are indeed the proceeds of crime, and that the requesting state (and not any third party) is
the legitimate owner.
5.8. Trafficking in cultural property
Issue: Concern that some states do not take sufficiently effective action in tracing, freezing, seizing andconfiscating trafficked cultural property and, in particular, in returning them to the country of origin.
Appearance of the issue in practice:• As with the debate over the recovery of assets, many developing countries from which culturalartefacts have been taken, are of the view that the states to which the artefacts have been taken are
not sufficiently efficient in tracing, recovering and returning the cultural property. The states to which
the artefacts are transferred, in turn, may be of the view that the artefacts were legally taken out of
the country in question.
• In some cases, developing countries call for the return of artefacts that have been taken from thecountry many years before, although the records showing the provenance of the artefacts may in theinterim have been destroyed, for example in a war.
5.9. Use of peer review
Issue: UNCAC is the first UN convention for which national implementation has been subjected to peer
review. At the time, the concept of peer review was unfamiliar to the representatives of many states, andthere was concern (for example) that allowing foreign states to examine what action has been taken in astate party constitutes intervention in domestic matters, which would be against the UN Charter.47
Appearance of the issue in practice:• Although there were considerable difficulties in the negotiation of the mechanism for the review of theimplementation of UNCAC, and several states parties were sceptical of the concept of peer review (inparticular the necessity for a “country visit” that would allow discussions with a broad range of47

See Matti Joutsen and Adam Graycar, When Experts and Diplomats Agree: Negotiating Peer Review of the UN
Convention Against Corruption, Journal of Global Governance Vol. 18, No. 4 (Oct.–Dec. 2012), pp. 425-439.

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stakeholders), there are at present few, if any, state parties that regard the UNCAC implementation
review mechanism as intrusive. Country visits have been conducted in the vast majority of reviews.
• The major concern has to do with the expense of a multilingual review process, which may, in the caseof an individual country under review, require the translation of hundreds of pages into one or two
languages during the review process, followed by translation of the executive summary into all
working languages. The country visits also entail travel and other costs.
• A separate issue is that the UNCAC peer review mechanism is different from those used for example
by the OECD or the Council of Europe; in particular, in the UNCAC process the state party underreview has control over what information is used and how the report is written, the Implementation
Review Group may not consider the situation in any individual state party, and there is no rigid followup process.
5.10. “Ranking” of member states
Issue: The issue of the ranking of states arose, in the framework of the UN Crime Programme, withconcern by several member states that the “Transparency Index” published by Transparency Internationalmisrepresented the extent of corruption in their countries. In their view, such indexes were not only
misleading, but could even be harmful for example by providing disincentives for foreign investment.
Appearance of the issue in practice:• One of the principles on which the UNCAC implementation review mechanism is based is that thereviews should not involve any ranking of states parties. Thus, the UN avoids comparing the amountof corruption in specific countries. (More generic comparisons, however, are permissible, although theappropriateness also of these would be examined carefully.)• Although the principle of avoiding any “ranking” has thus far been adopted only in the context of
UNCAC, the Secretariat has become cautious also when reporting more generally on the levels ofreported crime, or the operation of the criminal justice system. Tables listing for example the numberof reported homicides or the number of prisoners per capita in different countries tend to be avoided,and may be replaced by charts or graphs showing groups of countries.
5.11. “Questionnaire fatigue”
Issue: Some states are of the view that UNODC notes verbale that ask states for information may place
an excessive burden on practitioners in the different states. For this reason, they would prefer to limit the
number and scope of such requests.
Appearance of the issue in practice:• The UN Crime Commission has considerably curtailed the number of requests for information on
implementation of UN standards and norms.
• The scope of the UN crime trend surveys has been restricted.
5.12. Wording of resolutions: “shall”, “should”, “may consider” (and so on)
Issue: resolutions of UN bodies generally call for action. The obligatory nature of the calls varies, and isusually indicated by phrases such as “states shall ...”, “states may ...” and “states may consider ...”.
Appearance of the issue in practice:• UN Crime Congress declarations and resolutions of sessions of the Conferences of the States Parties
are much more likely than those of the UN Crime Commission to include a mandatory phrase such as“states shall ...” (or, for the Conferences of State Parties, “states parties shall ...”). The UN Crime
Commission, in turn, is generally not deemed to have the mandate to require that member states of
the UN act in a certain way, or that they refrain from taking certain action. For this reason, softer
formulations such as “states may consider ...” or “states are urged to ...” tend to be used.
• The references may be further qualified with phrases such as “subject to their constitutional principles”,
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RESOURCE MATERIAL SERIES No. 114••“subject to the basic principles of their legal system” or the like.
In respect of intergovernmental and other bodies, a formulation such as “[IGO X] is invited to ...” may
be used.
In respect of the UN Secretariat, the standard formulation is “the UNODC is requested to ...”

5.13. Incorporation in draft resolutions of references to decisions or the work of other entities
Issue: different entities have different memberships, and different states may well have different views
regarding their effectiveness or indeed their value.
Appearance of the issue in practice:• Language that appears to endorse the work or decisions of other entities will often be weighedcarefully. Such language may well be rejected for example with the argument that not all the membersof the UN Crime Commission (or other UN Crime Programme body) are familiar with the work of theentity in question, and thus cannot endorse its work.
• Language referring to entities that have a restricted membership (such as regional organizations) may
be rejected on the grounds that it is not the role of the UN body in question to comment on them or
implicitly endorse their work.
• Language referring to a specific entity may be rejected as not representative of such entities ingeneral. Alternatively, some states may require that many different entities, from different regions,are listed in the same connection.

6. Ten rules for success in the UN Crime Programme
As with so many negotiations, success at negotiations in UN Crime Programme meetings depends on
preparation of one's own position, anticipation of the arguments that may be put forward to defend opposing
positions, and an ability to influence the course of the negotiations. Negotiators come in many shapes andsizes, representing member states both large and small, and there are no hard-and-fast rules as to who will
“win out” at the end. At times, the outcome may depend on misunderstood statements, seemingly trivial
proposals for amendment, or chance events. Nonetheless, the more influential and successful negotiators in
UN Crime Programme meetings tend to fit a distinct (and rather loose) profile, and appear to abide by thefollowing ten “rules.”6.1. Be polite (and never disrespect the chairman)
International diplomacy is based on at least superficial respect for the views of the other players, even if
you not only totally disagree with these views but cannot understand how any sensible person could suggest
them. One can succeed in negotiations only if one respects, and has the respect of, the other parties. Persons
from different cultures have different styles, and the use of blunt language (especially when interpreted into
the other five working UN language) may unintentionally be regarded as impolite or offensive, taking
attention away from the substance.
This politeness can be seen, for example, when participants are referring to the interventions made byearlier speakers. No matter whether one agrees or disagrees with a statement, the rule is that speakers whowant to refer to what someone said earlier should thank the “[distinguished] representative of X” for his or
her statement and then go on to say if one supports it or, with great regret, cannot support it.
It is of particular importance to be polite to the chairperson. One of the key functions of the chairperson
is to serve as the neutral arbitrator who ascertains the views of the participants, seeks to identify the pointsof conflict, and tries to piece together wording that would achieve consensus. If the chairperson's impartiality
is questioned, this could endanger the success of the entire negotiations. The politeness is shown in thatparticipants, when they are speaking for the first time at a session, almost invariably express sentiments
along the lines of the following: “Thank you Mr./Madame Chairman for giving me the floor. Since this is the34

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first time that my delegation has the opportunity to speak at this meeting, I would like to convey to you, andthrough you to the other members of the Bureau, our profound respect for the important work which you
are doing. We would also like to assure you of our country's commitment to the success of this work ...” (andso on).
6.2. Avoid pomposity
In an article published during the 1980s, the Norwegian criminologist Thomas Mathiesen, after attending
a UN Crime Congress for the first time, identified what he calls the “importance norm” and the “selfimportance norm” at UN Crime Congresses.48 Essentially, the “importance norm” requires that everyone
respects the importance of the work being done, even if it may even seem pointless or silly at times. The“self-importance norm” is clearly linked to the one-upmanship that is so often evident in any social activity,
work or play. If a participant at a UN Crime Programme meeting is able to project an aura of importance(or of experience, or of being knowledgeable), perhaps the other participants will pay closer attention to his
or her views.
Indeed, some pomposity can at times be detected at UN Crime Programme meetings, and some individual
participants do appear to try to bolster their self-importance. At times, this is apparently done for tacticalreasons. For example, there are some speakers who do not use the first-person singular in referring tothemselves, but prefer to speak about “my delegation”: “My delegation is of the view that ...” Apparently,
these speakers believe that an argument would be more persuasive if the audience understood it to reflect
the collective view of the Government of a member state, and not just of one person. (At times, however, thetactic can misfire, especially if most listeners in the room are quite aware that the delegation in question
consists of only that one person, and the speaker says something like “My delegation is of the view that wewould prefer to wait until after lunch to speak on this issue.”)
These examples of importance and self-importance, however, appear to be becoming more infrequent.
There is currently less pomposity than what was evident in earlier UN Crime Programme meetings. This
presumably is related to the fact that most of the participants are representatives of the permanent missions
based in Vienna, and have generally worked with one another for many years. After such a long time, howoften can one repeat the same phrases to the same audience?
6.3. Take a crash course in haggling
The UN Crime Programme deals with a large variety of issues, on many of which there are considerable
differences of opinion as to what, exactly, should be done: cybercrime, assisting victims, the role of civilsociety, whether or not to include references to human rights in draft resolutions being negotiated within theframework of the Crime Programme, and so on. Different individuals and different countries have different
experiences with crime prevention and criminal justice, and thus they have different priorities. Some countries
have a strong practical or political reason to address the issue of trafficking in cultural property; others do
not. Some countries want to involve non-governmental organizations more actively in the national and inparticular in the international response to crime; others do not.
The UN Crime Programme follows what is known as the “spirit of Vienna”, which calls for consensus on
all issues, without the taking of a vote. The chairperson seeks throughout the process to ensure that all thedelegations agree on the formulations used in draft resolutions or the report of the meeting. Because of theintense nature of the negotiations, and because a large proportion of the negotiators are career diplomats
who do not have personal practical or academic experience in criminal justice or international co-operation,arguments based on criminology or criminal justice at times seem to have limited value, and more weight is
48

Thomas Mathiesen, FN-kongress som kulturfenomen (“UN Congresses as cultural phenomena”), Nordisk Tidsskrift for
Kriminalvidenskab, Oslo, vol. 73, no. 2 (April 1986), pp. 157 – 160.
The other three norms he listed were the “politeness norm”, the “consensus norm” (agreement is sought on all points) andthe “my country norm” (in the experience of Mathiesen, each delegation seems to be trying to avoid any agreement that might
result in the member state it represents having to change its national policy and legislation).

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placed on political and national priorities.49
That is not to say that substantive arguments are not made; indeed, they often are. Especially the larger
delegations may have participants with extensive practical or academic experience who can readily explain
why certain formulations suggested by others simply would not work in practice, or would have significant
drawbacks. Yet other delegations may have participants who can quickly direct a logical mind at even the
more obtuse questions and outline the key issues so that these can be better understood by all.
However, the stilted nature of the negotiations at times makes rational discourse difficult at best. With
over 100 member states attending some of the UN Crime Programme meetings, the floor needs to be given
in turn to each and all who have requested permission to speak. If the participant from country A happens
to disagree with a participant from country B, it can often take many interventions before he or she can get
the floor back and reply, by which time the focus of the discussion may already have meandered off tosomething else entirely.
As a result, the more successful negotiators include those who are good at haggling. The following gives
some of the tactics that these inveterate wheeler-dealers appear to follow:• Find out in advance who your main opponents might be, and find out what their interests and goals
are. At times it is necessary to find out why ideas are being opposed, and whether the opponents
would be satisfied either by a minor change of wording, or whether (for example), they might have to
be brought on your side by promising to support some of their own initiatives.
• Be careful of “blind-siders.” With over 100 delegations in attendance, and with the constant turn-overin the participants, it is not enough to simply assume that certain delegations will be on your aside, orat least would not speak out against your proposal. At times, opposition might pop up from a completely
unexpected source. Worse, when one delegation goes on record as being against your proposal, there
is a strong likelihood that subsequent speakers (especially if they come from the same regional group)
would say that they tend to agree with these nay-sayers.
• Work the corridors. Now and then, it is important to enlist as many speakers as possible to go onrecord as being in support of your proposal. This may encourage others to jump on the bandwagon of
support.
• Get the support of key delegations. If such key delegations come out in your support, this can help
considerably to win on the field. Another tactic, especially important in matters with a politicaldimension, is to get the support of delegations from as many different regions as possible.
• Set up positions as bargaining chips (even if they may seem rather extreme) and insist on them as longas necessary. This is an unusual tactic, but also it can be seen to be used now and then. By not showing
your hand too early, it may be possible to appear to be satisfied with a compromise – and yet this“compromise” may be the position that you had wanted to achieve from the outset. (Without thebenefit of ESP, it is difficult to know how often this tactic is used at UN Crime Programme meetings.
However, towards the end of some negotiations over draft resolutions there tend to be more and more
examples of delegations stating that they want an entire paragraph or even section deleted. Often, thisleads to slight amendments of the text of these paragraphs “as a compromise.” perhaps along the linethat the delegations in question had wanted in the first place.)
6.4. Be prepared
The old Boy Scout motto of “Be Prepared” serves many delegations in good stead in negotiations. For
example, the drafting of resolutions may require familiarity with past or ongoing work in other parts of theUnited Nations system, for example in Geneva or New York. The drafting of resolutions may also requirefamiliarity with previous UN Crime Congress Declarations, with key ECOSOC or General Assembly
resolutions, or with resolutions by a session of one of the Conferences of States Parties. When some delegations
try to invent new refinements or terminology, or delete tried-but-true wording, others may jump in and pointout that the phrasing in question is based on a key text, and ask for justification for making any changes.
49This development can be seen to be related to the strengthening tendency to see crime and criminal justice as national
security issues. While it is true that academics and practitioners represent a great variety of approaches, they can be said tohave a greater tendency to see crime and criminal justice as social (or economic, or medical) issues.

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FEATURED ARTICLE“Being prepared” also applies to the giving of statements. It is helpful to work out in advance what points
you want to make in a statement, how to make them, and how to justify your position. However, you should
remain open to adjusting your remarks, depending on how the discussions go. One good method is to weave
in points made by speakers before you. This can gratify those earlier speakers (making them more likely tosupport your own position), and it also conveys the impression to the audience that other member state
representatives think in the same way as you do.
If you do have a prepared statement, it is advisable to provide this in advance to the Secretariat, so thatthey can convey it to the interpreters. (Also, don’t rush too quickly through your written statement, or elsethe interpreters – even the excellent ones at UN meetings – may have difficulties keeping up with you.)
6.5. Learn English
The United Nations has six working languages (Arabic, Chinese, English, French, Russian and Spanish).
All official documentation has to be translated into these languages, and the sessions at the UN benefit fromexcellent simultaneous interpretation. Nonetheless, in practice, English is the dominant language. Most of theparticipants based in Vienna are able to read English-language proposals, and can fluently discuss questionsof drafting in English. In addition, and with the exception of the Latin American and Caribbean group, where
the dominant language is Spanish, most of the regional groups rely on English as their lingua franca. And
when informal negotiations are held or lobbying is carried out across regional divides, this tends to be done
in English.
Most importantly, English dominates drafting. Although many representatives can speak in several of theother UN working languages, the discussion over a turn of the phrase is almost inevitably in English.
6.6. Learn and use certain stock phrases and “agreed language”
In accordance with the “consensus norm” identified by Mathiesen, delegations which disagree on certain
points tend to be pressured by the chairperson to find language suitable to all. On the other hand, delegations
applying the “my-country norm” identified by Mathiesen tend to try to avoid accepting any wording thatwould force them to change their domestic law or practice or, more importantly, to go against their strong
views on how international criminal policy should be conducted. If delegations in the minority fail to blockwording with which they disagree, they may fall back on a set of defensive ploys, all of which involve
inserting certain stock phrases that weaken the nature of the obligation, or even emasculate it entirely.
The first such ploy is to replace the phrase “states shall ...” (which implies an obligation) with the much
weaker “states may ...” or even “states may consider ...”. Other formulations along the same line include theexhortatory but non-binding “states are called upon ...” and “states are encouraged to ...”. One more phrase,“states shall consider ...” may seem binding at first glance, but ultimately all that it requires is that statesconsider something. What steps they actually take is left entirely to their discretion.
The second ploy is to insert a condition: states are required to undertake certain measures, but only forexample those that “may be necessary, consistent with its legal principles” or “to the extent appropriate andconsistent with its legal system.” Even the insertion of the simple phrase “where appropriate” leaves eachstate with a margin of appreciation in deciding how to implement the resolution in question.
The third ploy is to subject everything to domestic law. It is, of course, understood that different legal
systems require different measures for implementation. For example, in some countries the police carry out
measures which, elsewhere, are carried out by investigating magistrates, or the courts. Furthermore, forexample Continental law countries rely primarily on statutory law, while common law countries continue toplace considerable weight on court practice. Finally, different legal systems used different concepts.
Accordingly, now and then a paragraph may be inserted in a draft resolution obliging states to do something“in conformity with fundamental principles of its domestic law.”

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In the drafting of resolutions in Vienna, at times a delegation may seek to insert a somewhat modified
version of this phrase, “subject to the fundamental principles of its domestic law.” The difference at first
seemed innocuous. However, when there is an obligation to do something “in conformity” with domestic law,
the obligation to do something remains; domestic law only governs how it is done. But if the obligation is to
do something “subject” to domestic law, then, logically, the state is not required to do anything that would
go against its domestic law.
6.7. Learn when form can be more important than substance
All words are not created equal. In the work of UN Crime Programme bodies, it is possible to identify
four categories of words, from the most to the least important: words as such, words in an optional paragraph,words in brackets, and words in a footnote.
When words are left as such in the text of a draft resolution in informal negotiations, the assumption isthat they reflect the general working consensus of the participants. They benefit from the rule of inertia:
unless someone is later able to persuasively argue why these words should be amended or even deleted, they
are allowed to stay in the text, all the way through to final adoption.50
If the representative of a state is not satisfied with a formulation in general, he or she may suggest acompletely different formulation or an entirely new paragraph as an “option.” Much of the work in informal
negotiations is spent on trying to eliminate the options, so that just one text remains. Thus, options exist on
sufferance. It is the survival of the fittest, with the duelling options brandishing pistols at twenty paces.
When brackets are used, they denote words or entire phrases that had been questioned by one or severaldelegations. These delegations may disagree with the entire purpose of the words or phrase, or they may
simply feel uncomfortable with the wording. Again, considerable time can be spent on debating whether or
not the brackets can be “lifted.” (This phrase may give rise to considerable confusion. At times, delegations
may say that they want the brackets deleted. The chairperson would usually then have to ascertain whether
it is only the brackets themselves that are to be deleted – in which case the words would remain in the text
– or whether it is the words in the brackets that these delegations want to be deleted.)
Words in a footnote lived an even more tenuous existence. (This category does not appear very often inpractice.) Every now and then, a country or group of countries may strongly disagree with the view of the
majority. For them, it is often important to have their views clearly reflected in the drafting, even in afootnote, so that when the matter comes up again, the reason for their disagreement would be clear, and in
the meantime, they may have succeeded in getting more allies. However, once words have been demoted toa footnote, it usually proves very difficult to get them back into the text.
6.8. Drink lots of melange and forget about your social life
Vienna is a city well known for its great variety of excellent coffee. The coffee bars outside the meetingrooms at the Vienna International Centre serve quite a few of these varieties, but it seems to be melangethat is the drink of choice for many participants. Filling oneself with caffeine proves to be a good tactic fora variety of reasons. First, it helps to keep the participants awake during the long sessions; at times, listening
to delegations raise the same points, over and over again, can become mind-numbing. The participants must,
nonetheless, stay on their toes. The chairperson may seek at various stages to push things along by moving
on to the next paragraph in the negotiations, and asking if there are any comments. If no participant raises
50

A further distinction can be made between words in an “operative paragraph” of a draft resolution, and words in a“preambular paragraph.” The operative paragraphs are regarded as the most important part of a resolution, since they
lay out policy or establish mandates. The preambular paragraphs in general give the context of the draft resolution: concern
over certain developments (such as the increase in certain forms of crime), pleasure over certain other developments (suchas meetings held, or decisions taken), and what key resolutions have previously been adopted on the subject. Now and then,a contentious issue may be shifted, with appropriate rewording, from the draft operative paragraphs into the preamble of thedraft resolution, thus in effect giving it less political weight.

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FEATURED ARTICLE
his or her country's nameplate, the paragraph may be gavelled,51 and the chairperson proceeds to the next
point. Anyone who tries to reopen a gavelled paragraph could be subjected to considerable peer pressure.
But melange also has other functions. Coffee breaks are used for informal consultations and for lobbying.
When a particularly difficult point arises, the chairperson might ask the key delegations to step outside andcome back with an acceptable formulation. If the issue proves to be very vexatious, the chairperson mighteven declare a “15-minute coffee break” for informal negotiations, and the time is used – often quite successfully– to lobby for support for whatever proposals are on the floor.
In general, the pace of the negotiations in Vienna can be deceptively slow. Sessions usually do not begin
on time, and fifteen-minute coffee breaks may last half an hour or longer. As one ambassador warned
participants towards the end of one long session in Vienna, “forget about your social life.” Evenings tend tobe free for most participants, but especially on the third and fourth day of one-week meetings, some informal
discussions continue until late at night.52
6.9. Either bring colleagues or learn how to be in two places at the same time
Although the work at UN Crime Programme meetings formally takes place in one and the same room,delegations with only one participant may soon find themselves in difficulties. In addition to the formal
meetings and the informal negotiations (several of which may be going on at the same time), many regionalgroups are convened throughout the meetings to review developments, discuss proposals and plan strategy.
The two-hour lunch breaks are often filled with drafting meetings or at least informal discussions.
As a result, key members of delegations (and especially the members of the Bureau, i.e. the chairperson,
the vice chairpersons and the rapporteur) may soon find themselves overworked. When dealing with one
matter, they may quite now and then be interrupted by someone tugging on their sleeve, saying that they
are supposed to be addressing another topic somewhere else.
6.10. Develop a sense of humour
The final lesson is an elective one, not a requirement. A sense of humour makes surviving meetings at
the UN Crime Programme easier.
Humour can also be used deliberately at UN Crime Programme meetings. Humour may come in handy
at times to defuse a tense atmosphere. Some of the more successful and respected chairpersons resort to it
now and then, at times cajoling participants to agree, good-humouredly dangling the promise of a coffee
break before them. One of the masters at this is Ambassador Luigi Lauriola, who chaired the very difficult
negotiations on the UNTOC Convention with grace and patience. When told by a national representative thathe seemed to have strong views on a sensitive issue at hand, he immediately replied that he may be strong,but has no views; at another tense time, he closed his statement by noting that he was “your obedientservant” – but then added in an audible stage whisper caught by the microphone, “almost.”

51

The chairperson bangs the gavel to denote that the meeting has accepting the wording in question.
The Secretariat generally has to work not only the hours during which the participants are meeting formally or informally,
but late into the night, checking and rechecking the texts and ensuring translation, editing and dissemination for the nextmorning.

52

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7. Legends in the UN Crime Programme
Legends in the UN Crime Programme
Individuals who have made a difference
Inkeri Anttila
Bridge-builder for humane criminal policy
William (“Bill”) Clifford
Practitioner, reformer, humanist
Ronald Gainer and Vasily Ignatov
Architects of the restructuring of the Programme
Manuel Lopez-Rey
Developer of the theory of social defence
Irene Melup
Tireless defender of the vulnerable
Gerhard Mueller
Respected teacher and organizer
Minoru Shikita
Model diplomat and Chief
Eduardo Vetere
The energy in the UN Crime Programme
Dimitri Vlassis
The maestro behind the scenes

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PART ONERESOURCE MATERIAL SERIES
No. 114Work Product of the 177thInternational Senior Seminar

UNAFEIVISITING EXPERT’S PAPERSCOMMUNITY SENTENCES FOR REHABILITATION OF OFFENDERS ANDPREVENTING REOFFENDING
Dr. Will Hughes*

I. INTRODUCTION AND OVERVIEWThis paper is a supplement to a lecture, provided to UNAFEI, for its 177th International Senior Seminar,
in January 2022. I aim to explore the potential of community sentences for rehabilitation, which is a key
approach to the broader aim of preventing reoffending. “Rehabilitation” is used to refer to the attempt tochange, encourage, and support offenders, with the aim of helping them to avoid further involvement incriminal activity, as well as leading better, healthier and more prosocial lives. This is certainly one approachto preventing reoffending. However, while rehabilitation has remained central within community-based
correctional services, there has been a growth of approaches based on control, management, and restrictive
measures. I argue that while diverse approaches to preventing reoffending are important, rehabilitation
should be seen as the fundamental contribution of community sentences, if they are to maximize theireffectiveness. Effective rehabilitation, within community sentences, requires skilled staff, who are able toengage with people who often display challenging behaviours, and motivate them to make positive changes.
In this paper, and within the associated lecture, I examine the emergence of community sentences andconsider how they have been used to reduce reoffending. I move on to explore how community sentences
have developed and changed. In doing this I emphasize that as well as change, there are continuities in thework of staff and volunteers who have supervised offenders within community sentences. I consider what
the research evidence tells us about what makes community sentences effective in reducing reoffending.
Finally, I offer some general thoughts about the key challenges and opportunities offered by community
sentences, in the prevention of reoffending.
While I draw from experience, research and literature, which is primarily based on community sentencesin England and Wales, the issues raised reflect global challenges and developments.
In England and Wales, as in many other countries, the probation service has primary responsibility forthe delivery and management of community sentences. The probation service is involved in the supervisionof large numbers of offenders. People under the supervision of the probation service include those who aresentenced to a community order at court, and those who are released from prison. In December 2020, there
were 223,973 offenders subject to probation supervision in England and Wales (Ministry of Justice, 2021),
compared to 80,823 prisoners (Ministry of Justice, 2020). This large number reflects an expansion of community
sentences in many countries. However, despite their prevalence, community sentences attract relatively
little public or political acknowledgement or attention, when compared to prisons (Robinson and McNeill,2017). It is on this basis that the community sentences can be understood as relatively invisible forms ofpunishment.

II. COMMUNITY SENTENCES, REHABILITATION, REDUCING REOFFENDING
AND OTHER SENTENCING AIMS
While rehabilitation has been a central feature of community sentences since their inception, its importancehas been challenged and has fluctuated, particularly since the 1990s. Community penalties are criminal
justice sentences, and as such can be associated with multiple aims, of which rehabilitation is only one. For* Senior Lecturer in Criminology, London Metropolitan University, United Kingdom.

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example, while not as intrusive as a prison sentence, community penalties do deprive the offenders of adegree of liberty and there is constant threat of a return to court if requirements are not met (National
Offender Management Service, 2006). Therefore, community sentences arguably do involve an element ofpunishment, albeit not one that is widely acknowledged as being comparable with imprisonment (Canton and
Dominey, 2017). Community sentences can also be understood as delivering a degree of deterrence. The
court process and the intervention that follows can be demanding. Community sentences are also expected
to deliver public protection, particularly in the case of the supervision of violent or dangerous offenders.

III. THE ORIGINS OF COMMUNITY SENTENCES
The origins of the community sentence can be found in the late 19th and early 20th centuries. At thistime courts in England and Wales were increasingly attended by voluntary “Police court missionaries”, whodrew inspiration from practices that had developed in Boston, US (Robinson and McNeill, 2017).  These earlyprobation officers were explicitly Christian and associated with the temperance society, which was concernedwith what it perceived as the serious damage caused by alcohol use (Vanstone, 2004). The court could agree
not to impose a penalty, but instead refer the offender to a period of supervision with a probation officer. Of
interest here is that the first community sentence was therefore not a formal sentence but imposed insteadof a sentence.
Inconsistent court practices in the use of probation were consolidated under the landmark 1907 Probation
Act. This clarified the role of the probation order, which required the offender’s agreement to be supervised
by a probation officer of the court. The probation officer’s role was to “advise, assist and befriend” theoffender, in order to help him or her avoid future offending. The key approach for rehabilitation was therelationship that the probation officer was able to establish with the supervisee (Bochel, 1976; Canton 2011).
This is worthy of a pause to reflect. While the importance attached to the relationship between superviseeand supervisor has changed over time, it is consistently identified as central within the accounts of those whohave successfully completed community penalties (Hughes, 2012). Developing a professional relationship withsomeone subject to statutory supervision requires skill, training and experience. This is perhaps an area
which has been neglected in practitioner training and policy development. I will return to this theme later.
The emergence of probation services was ostensibly driven by humanitarian agendas which sought torecognize that those who committed offences had often experienced hardships and difficulties, and required
guidance, practical support and understanding, if they were to live better lives. However, more cynically,some commentators have emphasised that probation involved an extension of social control, where increasing
numbers of people were placed under the supervision of government agencies (Garland, 1997; Foucault, 1977).
This tension between help and control has remained within probation practice throughout its history, and issomething with which probation officers, or those charged with the rehabilitation of offenders, have tostruggle.

IV. THE DEVELOPMENT OF A “PROFESSIONAL” SERVICE
While initially probation officers were volunteers, the second half of the 20th century saw the growth ofa service which claimed specialist expertise, informed by scientifically generated knowledge about thecauses of criminality, and how best to address it (McWilliams, 1986; Bottoms, 1980). By the 1960s, probation
officers needed to have professional qualifications, made assessments of the needs of offenders, and devised
treatment plans according to needs identified. Practitioners were able to exercise professional judgment in
how to go about their work and how to rehabilitate those under their supervision, leading to a diversity ofassessment styles and approaches to supervision. In reality, the rehabilitative strategies adopted reflected
the preferences of the probation officer, as much as the needs of the offender, or the evidence base about
what was effective (Canton and Dominey, 2018). For example, many probation officers were influenced by
Freudian ideas, which highlight the role of development issues and internalized conflict. In these instances,
probation officers would logically deliver interventions to resolve embedded psychological difficulties. Others
were more interested in group work as a method of developing non-offending lifestyles. For others, including
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my father, who was a probation officer in the 1970s and 1980s, what was needed was a good outdoor camping
trip, where offenders could connect with nature.  My father believed that the rehabilitative qualities of thisexperience would be enhanced if the probation officer brought his children along.
An interesting childhood memory of mine involves sitting around a camp-fire with my father and several
probationers (some of whom I later found out had been convicted of serious offences), singing “happy
birthday” to my older brother, who had just turned 12.   The contrast between this and the very firmboundaries of the service I later worked for were dramatic.  While this anecdote from my past does indicatethat there may have been a need for greater accountability and consideration of risk, it also suggests thatsome positive aspects of earlier probation practice, such as creativity and close relationships, have been lost.
Another strategy associated with this period worthy of mention is that of “radical non-intervention”. Thisapproach was premised on labelling theory, which suggests that every contact that an offender has with thecriminal justice system could reinforce his or her offending identity, and therefore undermine their attempts
to lead law abiding lifestyles. The logic followed was that the best approach was therefore to have as little
contact as possible with those under supervision. This was a popular strategy for some probation officers!
Practice was therefore diverse, inconsistent, and arguably lacking in a clear or consistent evidence base.
However, it was often creative, theoretically informed, and engaging.

V. THE COLLAPSE OF THE REHABILITATIVE IDEAL
The approaches described above appeared within a period of optimism and confidence about the potentialof rehabilitation, and the ability of experts to make judgments about what to do to prevent reoffending. As
noted, there was considerable creativity, diversity and inconsistency in the experiences of people who wereplaced on community sentences. Significantly, there was a lack of evaluation about the impact of thesediverse interventions on reoffending. This made it easier for critics to challenge rehabilitative ideals. In the
1970s and 1980s some governments attacked probation and community sentences on the basis that they
were soft options, which, they argued, undermined personal responsibility. Criminal justice policy in the US
and UK reflected an agenda described as “popular punitiveness”, involving rhetoric of being “tough on crime”,
and calls for harsher punishments. These challenges to probation and community sentences were intensified
by the publication of an influential article by Martinson (1974), which provided an assessment of the impactof rehabilitation programmes. Martinson is often quoted as suggesting that “nothing works”. He was in fact
far more tentative than this. Rather than “nothing works”, he argued that there was no clear evidence
available indicating the effectiveness of any specific rehabilitative programme. Nevertheless, the impact of
this evaluation was substantial, and created a general pessimism about the potential of rehabilitation withincommunity sentences. In the UK, this led to an emphasis on community sentences as “punishments in thecommunity”, in which the priority given to rehabilitation decreased significantly. Symbolically, the 1991
Criminal Justice Act made the Probation Order a sentence of the court, rather than something which was
imposed instead of a sentence. This made little practical difference to the day-to-day delivery of community
sentences, but set a new tone, establishing them as primarily punishments, which needed to be delivered asintended, and enforced in the event of non-compliance. The same act introduced the combination order,
which combined probation supervision with community service (involving unpaid work in the community),
as a further reflection of an attempt to establish community penalties as legitimate and serious punishments.
Notably, as someone who joined the probation service within the later period of this era, I remember being
advised by my new manager that I must refer to the service users as “offenders”, rather than “clients”. The“clients”, as in the people who probation staff delivered a service to, were now the courts and the public. The
people placed under the supervision of the probation service were no longer seen as recipients of a service,
but instead people who had committed offences, and were required to be held to account, and complete
penalties as directed by the court. This cultural shift has continued to dominate probation practice inEngland and Wales, and arguably sits uncomfortably within a service which has its origins in the humane
treatment of people experiencing difficulties.

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VI. THE “WHAT WORKS” INITIATIVE AND THE RETURN OF REHABILITATIONThe early part of the 21st century saw the re-emergence of optimism about the potential for rehabilitation
within community sentences, within what is often referred to as the “what works”, or “effective practice
initiative” (Bottoms, Gelsthorpe and Rex, 2001; McGuire, 1995). This was inspired by meta-analytical studies,largely from Canada, which examined evaluations of a large number of studies, and attempted to identify the
key ingredients of effectiveness (Maguire and Priestly, 1995; Raynor and Vanstone, 2002). These studies
concluded that interventions could have a discernible impact on reoffending if they included specific features(Underdown, 1998; McGuire, 2005), such as the following:•

Being underpinned by cognitive behavioural psychology.
This framework understands behaviour as learned and supported by distorted thinking patterns andbeliefs, as well as by negative emotional responses to situations. Effective programmes were therefore
understood as those which targeted the thought processes and beliefs associated with offending
behaviour.

•

Focus on factors which are evidentially linked to offending behaviour.
This was as opposed to factors which offenders themselves think are priorities. For example, service
users may express priorities related to increased income, or improved accommodation, but the
research evidence suggested only a loose association between these factors and reoffending.

•

Delivered by staff who are trained in prosocial modelling (Trotter, 1999).
This involves a set of skills, which for many are intuitive, including demonstrating respectful behaviour,and giving praise for positive achievements.

•

Effective programmes were determined as having “integrity” built in.
This meant developing methods to ensure that programmes were delivered in accordance with theirdesign and instructions, and that staff did not deviate according to their preferences or the priorities
of offenders.

•

Are delivered within the community, rather than in custodial settings.
The model which emerged was a set of specific programmes of intervention, with a precise numberof sessions, being delivered as part of a community sentence, usually to groups of offenders. Notably,a probation officer would have oversight of the community sentence in its entirety, but within the
period of supervision, the service user would be referred to other staff who would deliver the
programme itself. These staff were not typically qualified probation officers, and not deemed to need
the same level of professional training. This was, and is, surprising given the challenges involved ingroup work and the high level of skill required.

In England and Wales, accreditation panels were established to assess whether or not programmes ofintervention met the criteria that research suggested were key in reducing reoffending (Raynor and Rex,
2007). Initial programmes, such as “think first”, targeted general offending behaviour and aimed to improve
the thinking skills and problem-solving abilities of people who had been convicted of offences, thus enablingthem to recognize the consequences of their decision-making and improve their awareness of triggers andrisks. More programmes followed, which targeted specific categories of offending, including drink driving,
domestic abuse, aggression and sexual offending. One of the programmes (IDAP, or the Integrated Domestic
Abuse Programme) designed for domestic abusers, is of note, because it drew on feminist ideas, as well as
cognitive behavioural theory (Bullock et al 2000; Hughes 2017). There continued to be a degree of uncertainty
about this programme’s legitimacy as an accredited programme because of its diverse theoretical basis,
perhaps illustrating the restrictive view of the “what works” agenda that dominated at the time. It is worth
noting that this programme gave explicit attention to the importance of “gender” and some forms ofmasculinity in understanding and challenging offending. These considerations remain significantly under
explored in attempts to develop effective interventions.
Alongside standardized programmes of intervention, standardized forms of assessment were established.
These aimed to promote more consistent assessment practice, as well as inhibiting staff bias. The “Offender
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VISITING EXPERT’S PAPERS
Assessment System”, or OASys, was introduced as a detailed and structured assessment tool. This directs
the practitioner to consider changeable, or dynamic factors (such as those relating to life circumstances, like
employment or accommodation), as well as static factors which cannot be changed (such as age, sex andprevious convictions) (Canton and Dominey, 2018). OASys requires practitioners to focus their assessment on
factors that research suggests are associated with reoffending, such as past convictions, attitudes, relationshiphistory, and substance use. It integrates statistical assessment methods as well as those requiring a degreeof practitioner judgment. Arguably, this assessment tool has dominated the time of practitioners, and reduced
their ability to engage in developing relationships with service users. Particularly interesting observations
are made by the Norwegian scholar Aas (2004), who emphasises that tools like OASys can create a fragmented
and depersonalized assessment of the person being assessed, which does not accommodate their individualized
understandings and circumstances.
While the “what works” initiative prompted a revival of rehabilitative aspirations within community
sentences, this did not equate to the probation service returning to its previous incarnation. The probation
service and the community sentences it delivered had undergone profound cultural shifts during the 1990s
and early 2000s, which continue to impact on how attempts to reduce reoffending are delivered. The
rehabilitative strategy was now focussed on addressing perceived deficits among offenders, rather thanaddressing broader social or welfare factors. In addition, the primary commitments of community sentences,and probation staff who delivered them, were now to the public and the courts. In this context public
protection and the delivery of punishment in the community, were firmly established as priorities for the
probation service. Additionally, probation staff experienced a significant reduction in their ability to makeprofessional or individualized judgments.
A. Non-rehabilitative Strategies for Reducing Reoffending
Non-rehabilitative approaches to reducing offending have remained central within community sentencesin England and Wales. These have included approaches based on the management and monitoring of offenders(often through electronically enforced curfews), an increasing use of conditions which prevent access to
specified spaces, and increased liaison with other criminal justice agencies. Rehabilitative and public protection
objectives are often in conflict with each other. Many public protection initiatives are orientated towards
social exclusion. Rehabilitation is fundamentally orientated towards social integration.   Balancing thesetensions is a key challenge for probation staff who are trying to engage people in a process of change, whileproviding public protection.
B. Flexible Community Sentences
Reflecting the diverse aims of community sentences at the start of the 21st century, the 2003 Criminal
Justice Act established a single community order, which could have multiple requirements attached. This
reflects what Tony Bottoms et al. (2004) referred to as the diversification of community sentences.
Requirements can be orientated towards punishment, rehabilitation and public protection. They can include
restrictions which prevent entry into certain spaces or contact with specified people. They can also include
conditions to attend rehabilitative group-based programmes or comply with mental health or substancemisuse treatments. The 2003 Act also created a new suspended sentence, where a period of imprisonment
could be suspended, for a period of time, on condition that requirements were met. This aimed to discourage
courts from imposing immediate terms of imprisonment, but as with other attempts to achieve reductionsin the use of prison, it is not clear that these sentences were imposed instead of imprisonment, or instead ofcommunity sentences.
C. Splits in Provision
The early 21st century saw an emerging emphasis given to the charity and private sectors for thedelivery of some aspects of community sentences. This ultimately led to a split between the National
Probation Service, which remained in the public sector, and community rehabilitation companies, which wereplaced in the private sector. The National Probation Service retained responsibility for those designated as
posing a high risk of harm, while community rehabilitation companies supervised those assessed as low or
medium risk of harm (Ministry of Justice, 2015). There is widespread agreement that this experiment was
unsuccessful, leading to the reunification of the Probation Service in 2021.

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VII. THE DESISTANCE FRAMEWORK AND
CRITICISMS OF THE “WHAT WORKS” AGENDA
Further developments in understanding effective practice have explored why interventions, developed
within the “what works” era did not deliver the impact that was at one stage hoped (Mair, 2004). It has beenargued that one of the major limitations of “what works” programmes was that they failed to “engage”
service users in their own rehabilitation, and as a result of the growth of standardization, they failed torespond to individual needs. Frank Porporino (2010), who had been one of the key advocates of the “whatworks” initiative, commented specifically on the high drop-out rates that occurred on accredited programmes,
pointing out they often failed to reflect what offenders themselves identified as their most important goals
and priorities. Programmes of intervention were critically seen as being delivered “to” rather than “with”
service users, and were often experienced as insensitive and impersonal. Criticisms also pointed to the fairly
dismissive approach which the “what works” agenda had towards professional relationships between staff
and service users, as well as the over reliance on cognitive behaviour approaches, at the expense of othermethods, which have value in some instances (Hughes, 2012).
Partly in response to the perceived limitations of the “what works” initiative, many scholars have given
attention to the process of how people stop or desist from offending. This contrasts with approaches whichhave attempted to identify causes of criminality and suggests that the reasons why people stop offending
often have little connection with the reasons why they start. Irrespective of the triggers and backgroundthat have led to an offending lifestyle, most people stop offending at some stage.  There has been interesting
discussion of what supports this process of desistance. Examinations of desistance have pointed out thatchange is not a straightforward process. It takes place over time, often involving slip ups and lapses into the
problem behaviours in question (Matza, 1964). Effectiveness in community penalties is dependent on
acknowledging this complexity, as well as developing active involvement among people subject to probation
supervision. Following on from this, research within the desistance framework has highlighted the importanceof “relationships” between probation staff on the one hand, and service users on the other, where trust andindividualized mutual goals can be established. This reflects a long-standing awareness among mostprofessional staff, and certainly the experiences of service users, who consistently refer to the relationships
they have with staff as key in enabling them to complete their community sentences and move towards alifestyle free of offending. In particular, service users tend to refer to the importance of consistency, fairness,
empathy, personal commitment and a lack of judgment as important qualities in the staff who work withthem. Interestingly, once a relationship is established, there is some evidence that service users appreciate
and welcome frank challenges, provided that these are made within a framework based on respect (Hughes,
2012; 2017)
Desistance narratives also highlight other factors such as enabling and encouraging the development ofsocial capital and the development of a non-offending identity, where the individual sees themselves as aperson of value, in whose life criminal behaviour does not have a role (Maruna, 2001; McNeill, 2006; Burnett,
Baker and Roberts, 2007). Related to this, work on desistance challenges the perception of offenders as having
anti-social values, or aspirations which are in conflict with those who supervise them. The vast majority ofoffenders do not want to reoffend or cause harm to others. They will also have strengths and qualities which
are evident in their personal relationships and work histories, which can be built on. Giving attention to thestrengths, resilience and individual aspirations of service users can foster motivation. This is in contrast to
the original “what works” programmes, which tended to be dismissive towards the personal goals of service
users. Fundamentally, the desistance paradigm recognizes that the service users themselves are the mostimportant people in determining effectiveness.
There have been some efforts to incorporate evidence from research regarding desistance into practice.
An “Offender Engagement Programme” was rolled out (Rex, 2012), which encouraged practitioners torecognize the importance of developing professional relationships with people under their supervision, as
well as actively seeking their engagement in sentence planning (Hughes, 2012). There were also efforts todevelop accredited programmes and make them more responsive and individualized (Travers, 2012).
However, attempts to develop individualized interventions and increase professional judgment have takenplace against a backdrop of the on-going organizational priorities of public protection, risk management andstandardized targets, which continue to dominate practice, within a context where staff feel anxious about
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VISITING EXPERT’S PAPERS
following procedure, particularly given the increasing tendency for staff to feel accountable for the behavioursof those whom they supervise.

VIII. SOME CLOSING THEMESThis paper and the associated lecture have outlined some considerations of how community penalties
might be effective in reducing reoffending. Community sentences have often faced a challenge in being
recognised as legitimate responses to crime. They are liable to be seen as soft options, which cannot provide
a level of punishment that is equivalent to imprisonment. Attempts to justify community penalties, primarilyon the basis of the punishment they provide are therefore likely to be unsuccessful (Canton and Dominey,2018). That said, community sentences can be extremely challenging for those who are subject to them.  
There is likely to be an on-going fear among those sentenced to community orders, of failing to meet therequirements and being returned to court. Perhaps more importantly, people on probation refer to thechallenges of being constantly reminded of the harms they have caused. This often leads to a profound senseof shame, which may not be demonstrated explicitly (Hughes, 2017; May and Wood, 2010; Durnescu, 2011;
Hayes, 2015). While part of a community sentence will quite rightly involve the monitoring of service users,with the aim of providing a degree of public protection, the essential fact that they are living within thecommunity, means there are limitations in achieving this. It is therefore argued that the most important
contribution of community sentences is rehabilitation. This aim is very far from straightforward. Reoffending
is inevitably very heavily influenced by broad social factors, personal relationships and the motivation of theoffender. However, there is evidence that community sentences can have a substantial positive effect inhelping people to move towards a point in their lives where offending does not have a place. Committed staff
who are able to challenge negative behaviour, while providing encouragement and support, appear as ongoingthemes and arguably are more important than the type of intervention delivered.
Moving forward, the ongoing collection of data, with the involvement of practitioners and those under
supervision is essential, along with an awareness of the importance of giving attention to the way in which
individual, cultural and regional differences impact on effectiveness and what constitutes best practice.  
Globally, gender has been significantly overlooked in attempts to understand offending and there is scope to
explore the implications of this.
References
Aas, F. (2004) “From narrative to database: technological change and penal culture”. Punishment and Society
6(4) 379-393
Bochel, D. (1976)  Probation and after – care: Its development in England and Wales, Edinburgh, Scottish
Academic Press
Bottoms, T. (1980) “An introduction to ‘the coming crisis’” in Bottoms, T and Preston, R. (eds) The coming
penal crisis. Edenborough. Scottish Academic Press
Bottoms, T. Gelsthorpe, L. and Rex, S. (2001) “Introduction” in Bottoms, T. Gelsthorpe, L. and Rex, S (eds)
Community Penalties: Change and challenges. Collumpton, Willan
Bottoms, T. Rex, S. and Robinson, G. (2004) “How did we get here?” in Bottoms, T. Rex, S. and Robinson, G.
(eds) Alternatives to prison: options for an insecure society. Collmpton, Willan.
Bullock, K., Sarre, S. Tarling, R. and Wilinson, M. (2010) “The Delivery of Domestic Abuse Programmes. An
implementation study of the delivery of Domestic Abuse Programmes in Probation Areas, and Her
Majesty’s Prison Service”. Ministry of Justice Research Series 15/10. London. Ministry of Justice
Burnett, R. Baker, K. and Roberts, C. (2007) “Assessment, supervision and intervention” in Gelsthorpe, L. andMorgan, R. (eds) Handbook of Probation. Collumpton, Willan
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Canton, R and Dominey, J (2018) Probation: working with offenders, second edition. London, Routledge
Durnescu, I. (2011) “Pains of probation: Effective practice and human rights”, International Journal of Offender
Therapy and Comparative Criminology 55(4): 530-545
Foucault, M (1977) Discipline and punish. London, Penguin
Garland, D (1997) “Probation and the reconfiguration of crime control” in Burnett, R (ed) The probation
service. Responding to change (Proceedings of the probation studies unit first Colloquium), Oxford.
University of Oxford Centre for Criminological research
Hayes, D. (2015) “The impact of supervision on the pains of community penalties in England and Wales: An
Exploratory study”. European Journal of Probation. 7(2) 85-102
Hughes, W. (2012) “Promoting service user engagement and compliance in sentence planning. Practitioner
and service user perspectives in Hertfordshire”, Probation Journal 59(1) 48-65
Hughes, W. (2017) “Lessons from the Integrated Domestic Abuse Programme for the implementation of the
Building Better Relationships”, Probation Journal. 64(2) 129-145
Martinson, R. (1974) “What works. Questions and answers about prison reform”. The public interest. 35 22-54
Maruna, S. (2001) “Making good: how Ex-convicts Reform and Rebuild their lives”. Washington. DC. American
Psychological Association
Matza, D. (1964) Delinquency and drift. New York, Wiley
May, D. and Wood, P. (2010) Ranking Correctional Punishments: Views from offenders, practitioners and the
public. Durham NC. Carolina Academic Press
McGuire, J. (1995) What works: reducing reoffending: Guidelines from research and practice. Oxford. Wiley
McGuire, M. and Priestly, P. (1995) Offending behaviour. Skills and strategems for going straight. London,
Batsford.
McGuire, J. (2005) “Is research working? Revisiting the research and effective practice agenda” in Winstone,
J. and Parkes, F. (eds) Issues for probation and community justice Collumpton, Willan.
McNeill, F. (2006) “A desistance paradigm for offending management”, Criminology and Criminal Justice. 6
39-62
McWilliams, B. (1986) “The English probation system and the diagnostic ideal”, Howard Journal 25 (4)  41  - 60
Ministry of Justice (2015) “Policy paper: 2010 to 2015 government policy: reoffending and rehabilitation”.
London, Home Office
Ministry of Justice (2020) “Population bulletin weekly”, 18th December 2020. London, Ministry of Justice.
Ministry of Justice (2021) “Offender Management Statistics Bulletin Quarterly: October to December 2020,
and Annual: calendar year 2020”. London, Ministry of Justice.
National Offender Management Service (2006) NOMS offender management model. 1.1 London. Home OfficePorporino, F. (2010) “Bringing the sense and sensitivity to corrections” in Brayford, J. Cowe, F. and Deering,J (eds), What Else Works? Creative work with Offenders. Collumpton, Willan Publishing.

50

VISITING EXPERT’S PAPERS
Raynor, P. and Vanstone, M. (2002) Understanding community penalties. Probation, policy and social change.
Bucks. OU Press
Rex, S. (2012) “The Offender Engagement Programme: Rationale and Objectives” Eurovista. 2(1) 6-9
Robinson, G. and McNeill, F. (2017) “Punishment in the community: evolution, expansion and moderation” in
Lielbing, A. Maruna, S. and McAra, L. (eds) The Oxford Handbook of Criminology: sixth edition.
Oxford, Oxford University Press
Travers, R. (2012) “Engaging offenders in positive change through accredited rehabilitation programmes”,
Eurovista 2(1) 13-16
Trotter, C. (1999) Working with involuntary clients: a guide to practice. London, Sage.
Vanstone, M. (2004) “Mission control: the origins and early history of probation”, Probation Journal 51 (1): 34– 47
Underdown, A. (1998) “Strategies for Effective Offender Supervision: Report for the HMIP ‘What works
project’”. London, Home Office51

MULTI-STAKEHOLDER APPROACHES FOR EFFECTIVE SUPERVISION
AND SUPPORT OF OFFENDERS
Dr. Will Hughes*

I. INTRODUCTION AND OVERVIEWThis paper is a supplement to the second of two lectures provided to UNAFEI in 2022, for its 177thInternational Senior Seminar. Here I consider multi-stakeholder approaches to tackling reoffending, and fordelivering effective supervision and support for offenders. I start by offering an explanation of what a multistakeholder approach is, before moving on to explain why they are essential in developing effective responses
to crime. I give some examples of multi-stakeholder approaches, drawn largely from England and Wales, andexplain how these operate in practice. The discussions are orientated around the work of the probation
service. This reflects my background and the fact that the probation service plays a key role in linking otherorganizations together. I finish by offering some overall reflections on the challenges and opportunities
presented by multi-stakeholder work.

II. WHAT IS A MULTI-STAKEHOLDER APPROACH?
Some distinguished observers have suggested that in modern societies, perhaps especially those with acultural emphasis on individualism, our inter-dependence and common interests can easily be obscured(Durkheim, 1972). As a consequence, shared social goals and problems, which have an impact on everyone,
can often be allocated to specific agencies, at the cost of wider responsibility and collective action. It is fromthis starting point that I would like to stress the importance of multi-stakeholder approaches to reducing
crime.
To digress from the topic of crime for a moment, let us think of our mental and physical health. This isan especially pertinent global theme given the coronavirus pandemic.  Health can easily be understood as
primarily a concern for medical practitioners. We request the help of highly trained professional medics
when we become ill, or when we are injured, and hope that they can make us well. However, our health isalso dependent on much broader factors: clean water, sanitation, nutrition, education to develop knowledge
regarding lifestyle choices, social contact, good housing and motivation, are all essential in promoting andsustaining good physical and mental health. Lots of people and organizations are involved in the promotionof good health, and equally, we all have a stake, or an interest in it. In the context of the coronavirus
pandemic, we have witnessed the importance of collective and diverse responses across the globe, to manage
not only the virus itself, but also the social, psychological and economic effects. Medical staff have beenrequired to provide care for people who are seriously ill, volunteers have provided food and support forpeople isolating, governments and local health services have provided education about how to reduce the riskof infection, schools have switched to on-line learning, on-line personalities emerged to help keep us fit andentertained, and there is a collective responsibility to adopt measures such as social distancing and mask
wearing.
Like health promotion, crime reduction requires an integrated approach involving different people andagencies. However, responsibility for preventing reoffending has, in many societies, been understood as
primarily the duty of criminal justice agencies. A multi-stakeholder approach is a recognition that tacklingsocial concerns, like crime, requires different groups of people with a shared interest in a set of outcomes,
where effectiveness is dependent on diverse expertise and contributions. While this may seem straightforward,* Senior Lecturer in Criminology, London Metropolitan University, United Kingdom.

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it involves many challenges. Some of these will be discussed in this paper.
The term “interagency work” is used to refer to the practice of different agencies and groups working
together. While interagency work has a long history within probation and other criminal justice agencies,
some commentators have suggested that partnership work between criminal justice agencies and withothers services, is part of a growing trend (Robinson and McNeill, 2017)

III. FACTORS RELATED TO OFFENDING AND REOFFENDING
Offending behaviour is complex and related to an extremely diverse range of social and personal factors,
which will vary according to the individual concerned, and the category of their offending. As a starting
point, the Offender Assessment System (OASYs), which is used to assess offenders by probation and prison
staff in England and Wales, encourages consideration of the following as possible issues related to offending:54•

Thinking patterns and beliefs
Research indicates that people who are at high risk of offending tend to have difficulties in problem
solving, understanding consequences, understanding the perspectives of others, and have a tendency
to act impulsively. They may demonstrate rigid thinking styles and exhibit poor temper control.

•

Employment circumstances
There is not a clear evidence base indicating that unemployment causes crime. However, finding
meaningful employment seems to help people to desist from criminal activity. Securing work is also
important in establishing a positive non-offending identity, which is itself important in avoiding crime.

•

Lifestyle and peer associations
Regular activities might bring the individual into situations which present opportunities for offending.
The individual’s social network may be engaged in regular criminal behaviour or encourage anti-social
attitudes. There is substantial evidence that peer associations can play an important role in sustaining
offending behaviour, and that changes in associates can promote a crime-free lifestyle.

•Accommodation
Temporary accommodation, homelessness or unsuitable accommodation can be linked to offending
and prevent individuals from engaging with support services. As with employment, it is hard to gather
clear evidence that lack of secure accommodation causes crime directly, but there is lots of evidence
to suggest that having secure and appropriate accommodation is important in helping people to desist.

•

Family relationships
Some types of offending may be associated with trauma experienced in childhood, limited family
support or difficulty coping with responsibilities for children or others. Developing appropriate coping
strategies to manage past trauma is important for many individuals. There may be issues of domestic
violence, either as a victim or a perpetrator. Providing support to victims to enable them to leave
abusive relationships requires a range of agencies.

•

Substance use
Illegal drug use is often associated with other lifestyle factors which increase the likelihood of crime.
Some estimates suggest that a substantial proportion of property crime and shop theft are committed
by people trying to maintain drug addictions.

•

Alcohol misuse
While for the vast majority of people, alcohol does not lead to criminal activity, many individuals
involved in the criminal justice system will have demonstrated problems with alcohol consumption, or
their previous offending may have taken place while under the influence of alcohol.

•

Attitudes
Research suggests, perhaps unsurprisingly, that those with pro-criminal attitudes are at a higher risk

VISITING EXPERT’S PAPERSof reoffending. Examples include justifications for crime or emphasis on the lack of harm caused bypast offending. For domestic abuse perpetrators there are likely to be negative attitudes towards
women and beliefs associated with male entitlement. Attitudes may also refer to the level of motivation
to address offending behaviour and engage with support.
The above is not by any means an exhaustive list of the possible factors associated with reoffending.
Mental health difficulties are another important theme. While mental illness is not usually associated withcriminality or violence, there may be some instances where it plays a role (Peay, 2017). There is an increasing
recognition that biological factors can play a role in offending (Raine, 2013), despite reluctance among somecriminologists to engage with these types of explanations. While there are important ethical considerations,
there has been use of medical intervention for some groups of offenders (Grubin, 2010).
The range of factors associated with criminality means that success in preventing reoffending andsupporting offenders is dependent on targeting a broad range of needs. This is all the more important as
many factors will be interrelated. For example, in the UK, there is a significant association between drug
dependency, particularly heroin, and homelessness. Sustaining accommodation while drug dependent is likely
to be problematic. It will be equally challenging to attempt to address drug use when an individual does nothave a suitable home. There are also significant overlaps between both these issues and poor mental health.
Effective rehabilitation is therefore dependent on addressing several factors, in an integrated way.
Addressing complex and multifaceted problems requires a range of agencies with different resources andexpertise. In many instances, different agencies will already work with the same people. For example,
individuals subject to probation supervision will often be engaged with benefits services and employment
agencies, as well as local health professionals and children’s services. However, the actions of each agency
are not always coordinated, leading to a fragmented and sometimes repetitive experience for those in receipt
of services (Holt, 2000). There may also be assumptions that some issues are being addressed by otheragencies, when in reality they are not being given attention at all.
In addition to the need for a multi-agency approach, on the basis of effectiveness, it is worth stressing thatdiverse agencies have a shared interest in reducing reoffending. As well as the overall social costs of crime,
reoffending disrupts the impact of other interventions, thereby reducing their effectiveness.

IV. INTERAGENCY WORK WITHIN THE CRIMINAL JUSTICE SYSTEM
In England and Wales, the criminal justice system is made up of five separate organizations. These arelisted below along with a brief summary of their key roles.
•

Police-enforcement of law-public protection-gathering evidence for prosecution-arrest and detention for public safety-community work including crime prevention advice and work with schools•

Crown prosecution service-review cases referred by the police and decide if prosecution is warranted on the basis of:i) The likelihood of achieving a prosecutionii) Is prosecution in the public interest?
-prosecute cases, in court, on behalf of the police•

Courts-hear trials in the event of not guilty pleas-impose sentences-deal with breaches of community sentences-hear reviews of progress for some individuals subject to community sentences
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Prisons-hold prisoners on remand awaiting court appearance-keep serving prisoners for the length of time imposed by courts, humanely and safely-manage internal discipline-plan for release-facilitate interventions to rehabilitate and reduce the likelihood of reoffending•

Probation-assists the court with sentencing through the provision of written and oral reports-supervision and assessment of people subject to community sentences and following release fromprison.
-enforcement action to return people to court or prison following non-compliance or increased risk
-ensures the delivery of appropriate interventions, based on offence-related needs and sentence.

Each agency has a distinct set of duties, but effectiveness in reducing reoffending requires coordination.
For example, the probation service works with courts to give advice about the most effective sentences for
reducing reoffending. Courts can also request reviews of progress for those subject to community sentences.
In these instances, the sentencer can play a role in sustaining the motivation of the offender. The prison
service and probation service will need to work closely together to plan for release and consider interventions.
Information is shared between police and other agencies where there is the need for increased surveillance.
Policy and legal developments have recognized that tackling reoffending requires appropriate coordination
between the component parts of the criminal justice system and have attempted to make them work
together more systematically (Ministry of Justice, 2013). However, different agencies within the criminal
justice system have not worked consistently in an integrated or joined up way, to the extent that arguably
they do not act as a system at all (Cavadino et al., 2020). Ongoing differences in organizational priorities andorganizational cultures create ongoing tensions. The sheer size and complexity of the different agencies led
to the separation of different parts into separate government departments. In 2007, a new Ministry of Justice
was created which has responsibility for courts, prison, and probation services, while the police and Crown
Prosecution services have remained within the Home Office.

V. INTERAGENCY WORK OUTSIDE OF THE CRIMINAL JUSTICE SYSTEM
As well as effective coordination within the criminal justice system, effectiveness in reducing offending isdependent on working with agencies beyond criminal justice. Many of the following agencies might beinvolved in helping people to avoid reoffending:
•
•
•
•
•
•
•
•

Employment services
Substance abuse services
Mental health services
Schools and education providers
Housing providers
Charities
Employers
Local community agencies

Working with diverse agencies is evidently helpful in meeting offender needs but as with work between
criminal justice agencies, there are key challenges.  Managing confidentiality requirements, differences inpriorities and organizational cultures, sustaining communication and maintaining records are a few.

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VI. INTERAGENCY WORK IN PRACTICE
The following identifies some specific examples of frameworks of interagency work, reflecting a multistakeholder approach.
A. Multi-agency Public Protection Panels
These panels were created to improve the management of offenders who pose a serious risk of harm toothers; especially those with histories of violent and sexual offending. Key agencies are the police andprobation, but other agencies such as child protection services, mental health teams and accommodation
providers may be involved. Regular meetings take place to discuss individuals of concern. Information canbe shared, plans can be agreed upon and resources allocated. Decisions may be made to increase surveillance,
provide suitable accommodation, or provide medical and mental health interventions, or in some instancethere can be agreement to detain or arrest. An evaluation by Her Majesty’s Inspectorate of Probation (2021)
suggested that there is evidence that multi-agency public protection arrangements have led to a reduction
in offending among groups subject to their supervision, although express caution in attributing a clear causal
relationship. The evaluation identified several factors as being critical in effectiveness. These include victim
liaison, good communication between agencies, provision of appropriate housing, and responsiveness todeteriorating or changing circumstances.
B. Integrated Offender Management Teams
Integrated Offender Management (IOM) teams were introduced to improve the management of individuals
who are identified as engaging in large quantities of crime. They were premised on the belief that a relatively
small number of individuals account for a significant proportion of overall offences. It logically follows thatsuccessful interventions with this group will have a significant impact on crime levels overall. Typically,
offending patterns of the individuals targeted by IOM teams are likely to involve property crime associatedwith drug dependency (Canton and Dominey, 2018). Unlike offenders managed by multi-agency public
protection panels, offences committed by this group are not of the most serious nature, but nevertheless dohave a social impact, which is intensified by the frequency with which they occur.
IOM teams consist of partnerships between the police and probation (Wong, 2013).  They aim to provide
intensive interventions to individuals identified as prolific offenders, including rehabilitative work andsurveillance.
There is some indication from research that the approach adopted by IOM teams has an impact on
reducing the offending of targeted groups (Dawson et al., 2011). However, there are significant difficulties inmeasuring impact because there is evidence that many individuals who commit high levels of crime only doso temporarily, stopping before any criminal justice intervention is made. Attributing reduced offending to
IOM interventions is therefore not straightforward.   Related to this, it has also been stressed by someacademics that identifying a specific group of prolific offenders is very difficult. There is evidence that
offending is not as concentrated within a specific group of individuals as the IOM model assumes. Instead,offending is much more distributed across the population than official crime rates imply (Hagell and Newburn,1994)
C. Youth Offending Teams
One of the most explicit attempts to establish a multi-stakeholder and interagency approach to tackling
reoffending can be found in youth offending teams. Youth justice has been the site of competing pressures.
Recent decades have witnessed an increasing punitiveness towards young people, but there has been arecognition of the need for a response to young offenders that is orientated towards their welfare. Youthoffending teams are required to include representation from probation, local education, the police, children’scare services and health services. They will assess and intervene in the lives of young people following
arrest, sometimes without prosecution taking place, where there is an emerging pattern of offending. They
will also work with young people subject to community sentences and provide sentencing advice to youth
courts, which unlike adult courts, are not open to the public. However, there have been attempts to makethe processes within youth courts more accessible to interested parties such as the offender’s family andvictims. Staff are typically seconded from their own agencies to youth offending teams, and retain their own
professional roles and identities. There are therefore limits to the integration of different people in meeting57

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the needs of young people. There has also been criticism based on the separation between youth offending
teams on the one hand and more generalized provision for non-offending young people on the other (Cavadinoet al., 2020)
D. Working with Volunteers and the Community
There is an ongoing and growing role being given to volunteers in the provision of support for offenders.
It is worth noting here that the probation service itself emerged through the work of committed volunteers.
Internationally, volunteers from the local community continue to make varying contributions to support
work with offenders.  This has clear value as it can facilitate support within the daily lives of offenders, often
without the hostility sometimes directed at professional staff. The roles given to volunteers are most typicallymentoring, day to day encouragement, and support with specific problems like completing forms andattending appointments.  Perhaps a particularly interesting provision is through the organization “Circles
UK”, which has taken inspiration from voluntary arrangements developed in Canada. Circles UK recruits
volunteers to help prevent reoffending among those convicted of sexual offences. Several volunteers areattached to a person who has been convicted of a sexual offence, who is referred to as the “core member”.
The core member is encouraged to take lead responsibility for managing their own risk. The “circle” ofvolunteers will help to reduce isolation, find suitable accommodation, and develop prosocial leisure activities,
with the ultimate aim of reducing reoffending and its associated harms (Nellis, 2009).
There are many other local examples of good practice with organizations providing training for people in
the local community. At the university where I teach in North London, we engage with “Bridging the Gap”;
a local organization which recruits volunteers from our criminology students to work with offenders in thelocal area, who would benefit from mentoring and social contact. The organization provides training tovolunteers on issues such as boundaries, risk and motivational skills. Mentors are then matched with amentee who they will then meet over the course of the following months. Activities can include simple social
contact, help with applications, or discussion of current anxieties and problems. There are often positive
reports from mentors and mentees of this programmes. As well as the support provided to past offenders,
this scheme benefits students in developing an understanding of people experiencing difficulties, andparticularly helps those who aspire to work in the criminal justice sector.
There is a need for a more systematic evaluation of mentoring and volunteering schemes. They are open
to criticism on the basis that volunteers are likely to lack the training, support and experience of professional
staff, or more cynically that voluntary arrangements are seen as a means of reducing state expenditure. That
noted, there is enormous value in engaging people from the local community in supporting offenders. As wellas the direct support provided, these schemes have the potential to reduce the stigma and exclusion thatmany ex-offenders experience.
E. The Offender as a Partner: The Most Obvious Stakeholder
When discussing the different groups who have an interest or a “stake” in preventing reoffending, theindividual at the centre of interventions is often overlooked. As discussed in the previous lecture, people withhistories of offending do not usually want to continue committing offences. However, many face challenges
in their lifestyles, problem-solving skills, habits and social circumstances, which make avoiding further
offending difficult. There is considerable evidence that treating offenders as partners, where they are actively
engaged in creating plans to avoid further offending and develop positive lives, can significantly enhance
effectiveness (Hughes, 2012; Rex, 2012). In practice this means working with offenders, rather than deliveringinterventions to them. This is not a straightforward task, since some ex-offenders will have short-term goals
that may not appear directly relevant in reducing reoffending and many display hostility towards criminal
justice staff (Hughes, 2012; 2014). However, recognizing their individual aspirations, as well as their qualities
and strengths can significantly enhance motivation to work with the professionals and volunteers involvedin providing interventions and support (Maruna, 2001; McNeill, 2006; Burnett, Baker and Roberts, 2007).
Working with offenders and engaging them in their supervision requires staff and volunteers to beattentive to developing professional relationships based on trust. Several factors are relevant in supporting
this, which include: personal warmth, consistency, sincerity and fairness. Where there is a positive relationshipestablished, many offenders report that they are willing to accept a directive approach from their supervisors
and hear clear criticisms (Hughes 2012).

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Working with the families and the social network of offenders is a related area which has been
underdeveloped. Typically, criminal justice or professional agencies spend limited amounts of time with theoffenders they supervise. People who are closely connected to offenders and involved in their day to day lives
are likely to be more influential in the decisions they make. This is an area of practice that warrants further
exploration.

VII. THE OFFENDER MANAGEMENT MODEL
The term “offender management” gained significance within a review of prison and probation services,commissioned by the Home Office in the United Kingdom in 2001. The report which followed highlighted thefragmented experience of those subject to criminal justice sanctions, associated with poor planning and poor
communication between agencies (Carter, 2004). The review called for the creation of the National Offender
Management Service (NOMS), which would provide continuity in how sentences were delivered andexperienced. The model has the notion of interagency delivery at its core, with probation officers acting as“offender managers”, whose key role is to assess need, plan interventions, facilitate the provision of services
from a range of agencies and take enforcement action when necessary (National Offender Management
Service, 2006). This requires a detailed knowledge of services available, skill in working with a range ofagencies and individuals (Dominey, 2016) and skill in motivational work to sustain engagement on the part ofthe offender.
While the National Offender Management Service has now been renamed HM Prison and Probation
Service, the principles of offender management remain influential. The clear advantage of this model is thatit allows for the coordination of services. However, there have been criticisms (Robinson and McNeill, 2017).
The model assumes that other agencies will be willing to operate within a shared framework, where they
may in reality have their own ways of working and their own priorities. Others have emphasized that
contrary to the aim of establishing a single point of contact, the offender management model undermines thecontinuity and quality of the relationship between the probation officer and the offender, because he or she
ends up being passed around between different agencies (Robinson, 2005). Similarly, the model reduces therole of criminal justice staff to administrators, undermining the therapeutic and rehabilitative elements of
their work. Related to this, there is a perception that the development of the “offender management” role isassociated with broader attempts to de-professionalize the work of probation officers, and further change theculture of the service. Anecdotally, many probation officers who I have worked with have referred to being
frustrated that the kind of work that they joined the service to do, particularly support work with offenders,is increasingly being given to other agencies.
Some observers have stressed that while the concerns outlined above are risks associated with a multiagency model, these are not inevitable and can be avoided. Holt (2000) outlined that good practice in this kindof integrated approach requires the probation officer to demonstrate continuous commitment to the offender,
where they maintain regular contact, and help them to engage with each intervention and overcome obstacles.
This is, however, dependent upon appropriate workloads.

VIII. INTERVENING EARLY AND WIDELY
The primary focus of this paper is on multi-stakeholder approaches to preventing reoffending, among
those already convicted of offences. Broader interventions are largely beyond its scope. However, it is worthyof mention that only a very small proportion of crime actually leads to the involvement of agencies within
the criminal justice system. Most crimes do not come to the attention of the police, fewer still lead toprosecutions and even fewer lead to the involvement of correctional agencies. Cavadino et al. (2020) haveestimated that in England and Wales, fewer than one per cent of crimes lead to the involvement of criminal
justice organizations. This means that criminal justice systems will, at best, have a very modest impact onoverall crime levels. Reducing crime therefore requires a much broader provision of support services, which
are not restricted to those who have already been convicted. There is evidence that early interventions
targeted at children and young people at risk of future criminality can have a substantial impact, not just on
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reducing criminality, but also in achieving improved outcomes on other measures such as health, educational
performance and employment. Notable examples of such schemes are the Perry preschool programme andthe Elmira project, both of which were delivered in the U.S. These involved partnerships between healthworkers, families and schools, where regular home visits were made by a range of professional agencies andadditional early years schooling. The results of follow up surveys indicated decreases in arrests for children
and parents, as well as lower rates of alcohol consumption, fewer sexual partners and better educational
achievements (McAra and McVie, 2017)
In the UK, there was an effort to replicate the positive impact of early intervention through the introductionof Sure Start children’s centres. These aimed to provide a holistic set of services for young families indeprived areas within one physical building. Evaluations suggested that these services did not have theimpact that was hoped, but still had significant measurable effects across a range of outcomes (Belsky et al.,2007).

IX. AN OVERVIEW: CHALLENGES, OBSTACLES AND OPPORTUNITIES
While I have emphasized the importance of a multi-stakeholder approach, it is important to consider thatwork between agencies is often challenging, and in some instances not desirable.
Different agencies have distinct priorities and purposes, which is often reflected in language andorganizational cultures. Even within the criminal justice system there are tensions between different parts.
As examples, the probation service has historically been opposed to prison sentences, emphasising the harms
they cause. There has been similar hostility or tensions with the police. While the probation service has
generally understood its role as primarily concerned with rehabilitation, other agencies have been more
explicitly focused on law enforcement, public protection, and punishment. However, there have beensignificant shifts that have aligned the probation service more closely with its partner agencies in thecriminal justice system. While this may create greater consistency and efficiency, there is a risk that theneeds and rights of the service user are not met, when several different agencies are involved in theirsupervision and control. The overall impact can be one of greater social exclusion and stigma, rather thaninclusion and the development of a positive non-offending identity.
Work with non-criminal justice agencies also brings challenges. Agencies outside of the criminal justicesystem are likely to have priorities that are grounded in the well-being of the person in their care, which
contrasts with criminal justice agencies who, in England and Wales at least, have a growing tendency toregard offenders as a source of risk to be managed, and where enforcement action is likely to be taken in
the event of non-compliance. There may be reluctance on the part of some agencies to share information, if
this is understood as against the interests of the person that is being supported.
Despite the challenges, there are growing examples of good practice. Multi-stakeholder work invariably
requires clarity about roles, what will be shared, and the extent to which different agencies sustain autonomy.
Where negotiations are undertaken in the context of respect, and recognition of difference, multi-stakeholder
approaches are central in developing effective responses to reoffending.
References
Belskey, J. Barnes, J. and Melhiush, E. (eds) The national evaluation of sure start: does area based earlyintervention work? Bristol, Policy
Canton, R and Dominey, J (2018) Probation: working with offenders: second edition. London, Routledge
Carter, P (2004) Managing offenders, reducing crime. A new approach London home office
Cavadino, M., Dignan, J., Mair, G., and Bennet, J. (2020) The penal system: an introduction London, Sage

60

VISITING EXPERT’S PAPERS
Dawson, P., Stanko, B., Higgins, A., Rehman, U. (2011) An evaluation of the diamon initiative, year two
findings. London Criminal Justice partnership.
Dominey, J (2016) “Fragmenting probation: Recommendations from research”, Probation Journal. 63(2): 136143
Durkheim, E (1972) “Forms of social solidarity” in Gidden (ed), Durkhie: selected writings. Cambridge,
Cambridge University Press
Grubin, D (2010) “The use of medication in the treatment of sex offenders”, Prison service journal. 178: 37 – 43
Hagell, A. and Newburn, T. (1994) Persistent young offenders. London, Policy studies institute.
Her Majesty’s Inspectorate of Probation (2021) “Multi-Agency Public Protection Arrangements”. Available
at:https://www.justiceinspectorates.gov.uk/hmiprobation/research/the-evidence-base-probation/
specific-types-of-delivery/mappa/ (accessed 9th Dec. 2021)
Holt, P (2000) Case management: context for supervision, Leicester: DeMontfort University
Hughes, W. (2012) “Promoting service user engagement and compliance in sentence planning. Practitioner
and service user perspectives in Hertfordshire”, Probation Journal 59(1) 48-65
McAra, L. and McVie, S. (2017) “Development and life course criminology” in in Lielbing, A. Maruna, S. and
McAra, L. (eds) The oxford handbook of criminology: sixth edition. Oxford, Oxford University Press
Ministry of Justice (2013) Statutory partnerships and responsibilities. London, Ministry of Justice
Peay, J (2017) “Mental health, mental disabilities and crime” in Lielbing, A. Maruna, S. and McAra, L. (eds)
The Oxford Handbook of Criminology: Sixth Edition. Oxford, Oxford University Press
Raine, A (2013) The anatomy of violence: the biological roots of crime. London, Pengu
Rex, S. (2012) “The Offender Engagement Programme: Rationale and Objectives” Eurovista. 2(1) 6-9
Robinson, G. and McNeill, F. (2017) “Punishment in the community: evolution, expansion and moderation” in
Lielbing, A. Maruna, S. and McAra, L. (eds) The Oxford Handbook of Criminology: Sixth Edition.
Oxford, Oxford University Press
Robinson, G (2005) “What works in offender management”,’ Howard Journal 44(3)307-318
Wong, K (2013) “Integrated offender management: assessing the impacts and benefits – holy grail or fool’s
errand?” British Journal of Community Justice. 11(2/3): 59 – 861

PARTICIPANTS’ PAPERS
SOCIAL REINTEGRATION OF DEPORTED DOMINICANS
Gina María Lamarche Leonardo*

I. INTRODUCTION
Every year, hundreds of Dominicans are arrested abroad for various crimes and sent as deportees to the
Dominican Republic by the immigration authorities of those nations. In the first seven months of 2020, a totalof 1,100 Dominican ex-convicts were deported from the United States. (Diógenes Tejada, 2020).1 They served
sentences for drug trafficking, murders, falsification of documents, fraud against the government, kidnapping,rape, gangs, driving while intoxicated, robbery, assault and several cases of intentionally setting home fires.
As of 2021, 1,428 ex-convicts were deported from different countries, the majority from the United States.
The two major grounds for deportation were illegal migration (671) and drugs (463). For gender, in the same
year, 117 (8%) were females and 1,311 (92%) males  (Reafael Castro, 2021).2
Upon arrival at Las Americas International Airport, the deportees are received by employees of theGeneral Directorate of Migration and the Specialized Corps on Airport and Civil Aviation Security (CESAC),
as well as by members of the airport security system and employees of the Ministry of Interior and Police.
From the terminal they are transported by buses owned by the Directorate General of Migration (DGM) to
their reception centre in Haina which has operated as a reception place for these cases since 2015.
From the Ministry of Interior and Police, once these deportees enter the country, they have access to theregistry and enter the identifications in a database. At the moment, the database is only managed forregistration and knowledge purposes, but the Ministry is interested in creating public policies that support
the deportees towards a healthy social reintegration.

II. JUSTIFICATIONThis work aims to study the issue of deportation from the moment of commission of the offence thatcauses it, to the reintegration of the individual as an entity that, far from being a social and economic burden
for the state, is incorporated in a productive way to the Dominican society. It is to be understood that a
returnee who is not guaranteed respect for their human rights may represent a threat to the national
security system, and their exclusion is likely to increase delinquency and criminality in society. Likewise, wewill take into account the level of incidence in the issues of the assistance system and social protection,
discrimination as a mechanism of exclusion and citizen security.

III. DEPORTEES IN THE COUNTRY
To confront crime, society proposes the construction of more prisons and the deepening of the severityof punitive models. These plans are accompanied by the “zero tolerance” paradigm, which has a direct
impact on the criminalization of deportees and poverty. In the case of men, the lack of employment usuallybrings with it the deterioration of their strength due to the breakdown of the image as provider and*In charge at the Vice Ministry of Citizen Coexistence, Ministry of Interior and Police, Dominican Republic.
Diogenes Tejada. (July 2020). One thousand one hundred Dominicans repatriated from the United States so far in 2020. El
Nacional, p. 5.
2
Rafael Castro (November 2021). Migration reports almost 1,500 deported Dominicans in 2021. Listin Diario, p. 8.
1

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RESOURCE MATERIAL SERIES No. 114
protector of their family. The more exclusion from the workplace, the less human development and,
consequently, an increase in crime.
The Dominican Republic is one of the countries that has been disproportionately affected by the US Illegal
Immigration Reform and Immigrant Responsibility Act enacted in 1996 (EFEUSA, 2016).3 That law has had
an impact beyond its original intention to combat irregular immigration. The expansion of the list of crimes
or offences that now lead to the deportation of legal residents has resulted in mass deportations.
For deportees, returning to their country of origin represents a challenge. Forced return to their homecountry often feels like unjust displacement, particularly for those who have lived most of their lives in the
United States. When a deportee arrives in the country, they are sometimes rejected due to the belief thatthey are associated with criminal acts. Before 2013, the registration and transfer system was counterproductive
and prevented the reintegration of deportees. Either through direct access to the list of deported persons, or
through a non-criminal record certificate reflecting that the person had committed a crime in the UnitedStates, employers, banks, and credit institutions openly discriminated against deportees once their status wasdisclosed to them.
Similarly, the old requirement of periodic weekly reporting for the first six months after arrival in the
country revictimized deportees who had committed no crime in Dominican territory. Despite this, there arecountless stories of deportees who, when returning to the Dominican Republic, do not find job offers after
searching for several months because employers somehow verify the deported status of the individual.

IV. REINSERTION PLAN
The Ministry of Interior and Police, attentive to the situation of national deportees, seeks to design anaccompaniment and reintegration programme to achieve the integration of deported Dominicans in a usefuland productive way to the family, work and society. The intention is to carry out a survey of information
through interviews with Dominicans with international migration experience and with a history of deportation,with the aim of making a quantitative analysis of the issue of deportees in the Dominican Republic, and basedon the analysis, developing a qualitative reasoning that allows the development of public policies related toeducation, employment, housing, security, among others. In the same way, it is intended to define and build
a social image of the returnee, which allows society in general to change the perception of this populationgroup, which although it is a minority category, has a special impact on the psychosociological aspect of the
Dominicans, especially on the topic related to the increase in crime and its possible link in the implementationof new forms of violence and criminality. Destigmatizing and channelling this population segment in its
proper dimension is of great value for the country, since it will constitute a contribution to the strengtheningof the national security system and would validate all the efforts of the State to reduce the levels of crime inthe country. At the same time, it would integrate a high number of Dominicans to the productive life of thecountry.

V. EXPECTED RESULTS
From the Ministry of the Interior and Police, we seek to achieve:
•
•
•
•
•
3

Diagnosis of the current situation of the deportee and the procedure to which he or she is subjectedfrom detention to deportation.
Raising of the current legislation on the matter and its impact on the process.
Identification of weaknesses and proposals for their strengthening.
Creation of adequate instruments that allow the Dominican State to capture the information necessary
for the development of national insertion policies for deportees.
Planning, execution and monitoring of a pilot programme for the rehabilitation of deportees in order

EFEUSA (2016). Illegal Immigration Reform Act remains without success two decades later. EFE Agency, 5.

64PARTICIPANTS’ PAPERS

•
•
•
•
•

to reduce the level of leisure, during the process of reintegration into working life.
Follow-up programme with the accompaniment of relatives to receive and reintegrate the family tothe returnee, a person who is not the same person who left their home one day.
Proposals for governmental and non-governmental inter-institutional agreements to create articulation
mechanisms that guarantee the development, sustainability and sustainability of the Program.
Definition of the link between the deportee and the increase in violence and crime.
Impact on the issue of citizen security.
Decrease in discrimination to which they are subjected due to the weakness of the system and thesocial perception of its incidence in the increase in delinquency and criminality.

VI. CONCLUSION
In the end, understanding the growth experienced by the phenomenon of deportation in the country andthe need and relevance, not only of its study, but also of its inclusion in the national agenda, is important forthe design and implementation of specific policies to achieve the reintegration of these nationals.
It is necessary to design policies and programmes that guarantee prevention, care and support mechanisms
for returnees, so that upon their return to the country they find the opportunity to adequately insert
themselves into society, at least by creating the opportunity to re-educate themselves in order to obtain aworthy job, health, housing and contribute to the reduction of recidivism.

65CURRENT SITUATION AND CHALLENGES IN THE IMPOSITION
OF PENALTIES AND CASE DISPOSITIONS WITH REGARD TO
REHABILITATIVE PERSPECTIVES IN LAO P.D.R.
Vilaysinh Dainhansa*

I. INTRODUCTION
This is a brief outline of the current situation and challenges that are faced with regards to punishment
and the concept of rehabilitation of offenders in Lao P.D.R. Generally, the idea of restorative punishments andthe element of rehabilitation is central to the philosophy of punishment in Laos, which is emphasized heavily
in the Lao Penal Code 2018. However, the drafting of laws in this area and the effective implementation of
the laws are often de facto quite different, presenting several challenges which are outlined below.

II. PRE-TRIAL
In Lao P.D.R. a range of options are available at the pre-trial stage. Historically the idea of restorative
justice was seen as very important under local customary law. This has led to a system with a range ofoptions for non-custodial sentences, some of which would help with the rehabilitation of offenders. For lessserious offences it is common for the police to act as a mediator between the victim and offender. There isalso sometimes mediation at the local village level between the village chief and the parties. The idea ofcommunity sanctions plays an important part as well. Typical sanctions include apologies, victim compensation
with the advantage of non-prosecution and diversion from criminal proceedings.
In a similar way when the case file is passed on to the Prosecutor’s office and formal charges are laid,
there is still the possibility of mediation and diversion from criminal proceedings with the prosecutor acting
as mediator. Also, at the Area Court level, the lowest level of court in Laos, it is often common for judges toact as mediators with the hope that settlement could be reached. There are issues with this system in thatin the past more serious crimes were diverted from more serious criminal sanctions with undue influenceplaced on the victims to accept an agreement. As sometimes this is quite an informal system relying on theagreement of all parties so the mechanisms to determine non-custodial measures are sometimes reached in
an ad hoc way. Article 11 of the Penal Code formalizes this for cases where the loss to property are less than
1 million Lao Kip (approximately $90US), mediation shall be used to settle these cases except for mugging,robbery, acts of recidivism or acts performed on a regular basis. There is a challenge to get public support
where there could be the feeling that some offenders are getting away with the offence and receiving lessserious sanctions than they should.
Regarding young offenders, the Law on Juvenile Criminal Procedure 2014, Article 12, states that ajuvenile under 18 who commits and confesses to an offence punishable by less than three years’ imprisonment
to the offence that causes minor damage as described by law and who is not dangerous to society, with theconsent of other party to the mediation process, shall not to proceed to formal criminal procedure.

III. SENTENCING
According to the Penal Code the categories of punishment are split into principal, additional and alternative* Deputy Director General, Office of the Supreme People’s Prosecutor, Lao Peoples Democratic Republic.

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penalties. According to Article 43 of the Penal Code, penalties are not only aimed at punishing the offenders,
but they are also intended to re-educate punished individuals to purify their spirit towards work, to properly
and strictly comply with the laws, to respect social rules and to avoid recidivism on the part of the punishedoffender.
The first four categories of principle punishment – non-custodial, public criticism, and fines and reeducation without deprivation of liberty – are limited to less serious offences, while the fourth, expulsion, only
deals with foreign nationals. Additional penalties imposed on top of principal penalties include fines,
confiscation of property, confiscation of items connected to the offence, deprivation of voting and election
rights, house arrest, expulsion when not used as a principal penalty, restoration and withdrawal of license.
House arrest is used only as an additional penalty after the custodial sentence has been served up to a
maximum of five years. These additional penalties are often used to supplement a principle non-custodial
sentence.
Offences under the Penal Code (Article 13) are split into minor offences punishable by public criticism orfines, major offences punishable by re-education without deprivation of liberty or imprisonment from threemonths to ten years and crimes punishable by imprisonment from five years to life or the death penalty
which is de facto life imprisonment.
Alternative non-custodial sentences for major offences are working for public utilities where the law
prescribes a maximum penalty of three years’ imprisonment. This form of community service should be
performed without remuneration and is between 60 and 750 hours working for the public interest or anysocially beneficial work that the court imposes. The court should consider in imposing this penalty the natureof the offence and the personality and consent of the offender as a replacement for the principal penalty(Article 59). The other alternative penalty, also where a minor offence is punishable by up to three years’
imprisonment, is “Space Restriction”, which is the confinement of the offender to a place or area of residence.
In sentencing, the judges take into account the nature of the offence and the personality of the offender. An
offender is not eligible in cases of recidivism (Article 60). This is another area of challenge as these penalties
are not yet implemented in practice, and the Lao Law on Criminal Procedure 2017 does not specify whichorganization is responsible for implementing these alternative punishments. There are plans in the near
future for the prosecutor’s office to adapt this law and take on responsibility for its implementation, but
presently it is another example of where the law has been drafted with good intention but, in practice, ispresently impossible to implement.
Penalties of imprisonment with terms, re-education without deprivation of liberty and fines can besuspended for a period of five years.  The suspension of the penalty can be whole or in part (Article 79). In
exceptional cases if the defendant acted for the protection of or other people, the sentence can also be
suspended for a crime. Again, this is another area of challenge as no clear guidelines are given for theprosecutor or judiciary on the appropriate use of suspended sentences.
One very big problem for Laos is drug crime. For offenders who are addicted to alcohol or drugs who
have not been sentenced to imprisonment, the court may apply measures of medical treatment or at specifictreatment centres. If the offender is sentenced to imprisonment, the court must apply such measures while
the offender is serving his/her sentence, and it is counted towards the term of imprisonment. Also, if thetreatment is not completed by the end of the sentence the court can apply measures by sending the offender
to rehabilitation centres for alcohol or drug addiction or sending him/her to receive care from local authorities,
other State organizations, mass organizations or civil society organizations to continue his/her re-educationand medical treatment.
Under Article 320, any person who consumes or possesses for the purpose of consumption a small
quantity of drugs, which is defined in the article, shall be regarded as victims and shall be treated or sent fortreatment. Article 321 states that for addiction subsequent to treatment that person shall be subject to public
criticism and receive a fine ranging from approximately $10 to $30US.
While this is very good in principle, in practical terms there is a limit on the number of places available
for treatment and the budget is very limited in this area. There is a new national agenda on drug problems,
but again this is another challenge as the agenda has yet to be enacted in law. Ideally some form of structured
68PARTICIPANTS’ PAPERS
rehabilitation programme should be offered to those serving custodial sentences; however, the limited budget
prevents this.

IV. POST-SENTENCING
Pardons can be also granted to offenders to reduce the length of remaining sentences. This is a presidential
decision based on good behaviour. Article 100 Penal Code.  Offenders that have shown signs of reform andrepentance, have conducted exemplary work while in detention, changed their attitude and expressed
remorse for their past actions are eligible for conditional release on license. This is for juveniles who have
served a minimum of half their sentence, for adults two-thirds (2/3) and 15 years for those sentenced to life
imprisonment. Article 104 Penal Code.

V. SUMMARYThe State’s policy on rehabilitation is well stated and focused on the reintegration of offenders into
society, but as we have seen there are issues with the implementation of policy and the law as illustrated by
the alternative sentencing options. At all stages, pre-trial, sentencing and post-sentencing, there should becooperation between all the stakeholders, but in practice this either does not happen or happens in limited
ways. As Laos has developed cooperation between the different organizations, ministries and agencies havedeveloped in different areas, but this is one area where cooperation is only just starting, which creates many
challenges and where a there is still a lot of work to be done. Another big factor is the lack of budget inalmost every area, which severely limits alternative options such as the treatment of offenders for addiction.
There is also the need to try to establish public awareness of the need to look at alternative options for the
rehabilitation of offenders. Unfortunately, presently the public perception is that the offender could be getting
away without punishment or receiving a lighter punishment than appropriate.

69THE BARANGAY (COMMUNITY) DRUG CLEARING PROGRAMME:A HOLISTIC AND WHOLE-OF-NATION APPROACH IN CURBING THE
DRUG MENACE IN THE PHILIPPINES
Riza Soriano Ardepolla*

I. OVERVIEWThe Philippines, as a member of the United Nations and together with other countries, is an active
advocate in curbing the drug menace in the South-East Asian region.  The Philippines is also committed tocarry out a balanced approach in addressing the world drug problem as embodied in the UNODC Strategy
2021-2025. This is the international anchor of the anti-illegal drug strategies of the Philippine Drug Enforcement
Agency (PDEA).
The Philippine Drug Enforcement Agency (PDEA), through Republic Act of 9165 otherwise known as the“Comprehensive Dangerous Drugs Act of 2002”, was created and is mandated to lead the enforcement of thelaw on anti-narcotics. Along with Local Government Units, other government duty-bearers/stakeholders and
Non-Government Organizations, PDEA enjoins collaborative and multi-stakeholder approaches towards adrug-cleared and/or drug-free status of communities through the institutionalization of Barangay Drug
Clearing Program (BDCP).
The BDCP is a sturdy support to the campaign of the government against criminality and in combatingillegal drugs. The BDPC is the main anti-drug drug framework as1 embodied in Executive Order No. 15,
series of 2017 or the “Creation of Inter-Agency Committee on Anti-Illegal Drugs (ICAD) to Suppress theDrug Problem in the Country.” The Inter-Agency Committee on Anti-Illegal Drugs (ICAD) enlists theassistance of the public and private agencies including the local government units in a balanced, holistic,
unified, synchronized and integrated approach of supply and demand reduction strategies in addressing the
drug menace at the barangay level. The programme is putting primacy to the welfare of the “least-caredsurrenderers”. The person who uses drug (PWUDs) by preventing them to commit crimes. It also concerns
about pushers/drug offenders by preventing them from reoffending. Both PWUDs and pushers/drug
offenders are humanely treated as victims of illegal drugs
and are given a chance to renew and rebuild themselves
through interventions, rehabilitation, and treatment andreintegration programmes in their respective barangay.
This is acquiescent with the policy declaration of RA 9165
which provides that the State shall safeguard the wellbeing of its citizenry from the harmful effects of dangerous
drugs on their physical and mental well-being and shallprovide effective mechanisms or measures to reintegrate
into society individuals who have fallen victim to drug
abuse or dangerous drug dependence through sustainable
programmes of treatment and rehabilitation.
Furthermore, BDCP is a programme close to theFilipino heart because it is anchored on the Filipino cultureof “Bayanihan.” It is a unique Philippine government*

  Supervisor, PDEA Barangay Drug Clearing Program (Mindanao Cluster), Philippines.
Executive Order No. 15, Series of 2017 Creation of Inter-Agency Committee on Anti-Illegal Drugs (ICAD) to Suppress theDrug Problem in the Country.
1

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initiative considered to be the most effective way in combating the drug menace confronting the Filipino
populace. The BDCP started as a study of Undersecretary (USEC) Wilkins2 Malinawan Villanueva, Director
General of PDEA, the brainchild of the programme, in his master’s degree back in 2003.  It took more thana decade before its institutionalization in the country. With the leadership of USEC Villanueva thisinstitutionalization is sealed with the issuance of Board Regulation No. 4 Series of 2021 otherwise known as“Sustaining the Implementation of Barangay Drug Clearing Programme (BDCP) and Repealing for Such
Purpose Board Regulation No. 3, Series of 2017”.
As a result of the aforementioned circumstances, clear-cut procedures are defined under the BDCP
implementation intended to ensure that there will be No Relapsed case for stigma-free rehabilitated PWUDs
and there will be No repeat offenders for Drug Reformists in the 42,045 barangays in the country. As of thiswriting, the Barangay Drug Clearing Programme has facilitated the reformation of 260,831 PWUDS and
5,743 offenders. These people are being monitored by the local government units.
A. The Barangay (Community) Drug Clearing Programme
The programme is anchored on the culture of cooperation, respect for human dignity, holistic strategies,
and whole-of-nation approach considered as most effective
platform in addressing the drug problem aimed at
reducing the drug affectation in the country by taking
away drugs from the people, taking the people awayfrom the lure of illegal drugs and minimizing the impactof the drug problem in the barangay (community).3
The BDCP provides systematized processes indetermining the extent of drug affectation of every
barangay in the country and in declaring the same as
drug-cleared or drug-free through evaluation, deliberationand validation. In effect, cities, municipalities andprovinces will also be declared as drug-cleared or drugfree.
B. The Ultimate Goals of the Barangay Drug Clearing Programme
1. Free the rehabilitated PWUDs and drug reformists from the stigma of illegal drugs and reintegratethem to the community, making them productive citizens again;
2. Empower the citizenry and enable them to resist the lure of illegal drugs; and3. Enable the barangays, municipalities, cities and provinces to police their own respective communities,
ensuring that they will deter the entry of illegal drugs into their respective communities.
C. Recipients of the Programme
All PWUDs and pushers in the barangay (community) with validated involvement in illegal drugs andthose plea bargainers (drug offenders) per court order for rehabilitation are the target recipients of BDCP.
They will be provided with appropriate intervention that will help them to be reintegrated into thecommunity.4

2

Strengthening the Implementation of BDCP and Repealing for Such Purpose of Board Regulation No. 3, Series of 2017.
Dangerous Drugs Board Reg. 4, S 2021 “Sustaining the Implementation of Barangay Drug Clearing Program and Repealing
for Such Purpose”.
4
Ibid.
3

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PARTICIPANTS’ PAPERS
D. Conceptual Framework of BDCP
Holistic and Multi-Sectoral Approaches in
Addressing Drug Problem

Political Will of Local Government Units

Commitment of Duty Bearers andStakeholders
Institutionalized Anti-drug Programs,
Activities and Initiatives

Drug Cleared andDrug-Free
Barangays,
Municipalities,
Cities andProvinces

Stigma-free
Rehabilitated
PWUDs andDrug reformist;
Resilient and
Self-policing
communities

Institutionalized Relapse Management
and Social Reintegration Programs

As shown above, the victory on the fight against illegal drug problem in the country is dependent on five(5) dynamic variables which shall be implemented conscientiously in order to achieve the outputs andoutcomes of the Programme. These variables are called the “Villanueva Pentavariables” and are defined asfollows:
1. Holistic and Multi-Sectoral Approaches in Addressing the Drug Problem – This means that the
BDCP employs the strategies in addressing the drug problem which are the supply and demand
reduction. It involves the participation of the National Government Agencies (NGAs) and coordination
with the Non-Government Offices (NGOs) in the Local Government Units and looks at the whole
population as affected by the problem.
2. Political Will of the Local Government Units – This refers to the sincere, consistent and unceasing
support of the local government units and local chief executives in the implementation of BDCP sinceprime end user of the programme are the constituents.
3. Commitment of Duty-Bearers and Stakeholders – All government departments, agencies and sectors
concerned must commit to do their share in addressing the drug problem that is a cross-cutting
strategy and not a stand-alone problem. Thus, commitment of all supporters and advocates of the
BDCP to fully support the implementation of the programme is essential.
4. Institutionalized Anti-Drug Programmes, Activities and Initiatives – Issuance of policies, programmes,
resolutions, regulations and ordinances including other anti-drug initiatives in planning and budget
allocations are the effective ways to institutionalise the anti-drug efforts and strategies.5
5. Institutionalized Relapse Management and Social Reintegration Programme – This is considered themost humane component of BDCP wherein rehabilitated PWUDs and drug reformists are ensured ofa better environment to become productive citizens, ensuring the prevention of reoffending in thecommunity, giving prime concern on institutionalized relapse management for rehabilitated PWUDs
and drug reformists and providing a comprehensive reintegration programme are of utmost importance.
These outputs will bring further the programme to a sustainable level and to the achievement of its
ultimate goals.
E. Roles of Duty-Bearers and Stakeholders
Based on Dangerous Drug Board Regulation No. 4, Series of 2021 along with the Philippine Drug
Enforcement Agency, the ADACs in LGUs shall carry out the comprehensive implementation of the
5

Ibid.

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programme. Law Enforcement Agencies and other stakeholders have specific roles in each stage of the
programme, which includes the National Government Agencies, Non-Government Organizations, Peoples
Organizations, Faith-Based Organizations, Civic Society Organizations, Youth Sector, Academe, Private
Sector; and Media.
F. Stages and Activities of BDCP Implementation
The successful implementation of the BDCP to its sustainable development follows a Three (3) – tierwhich bring the above desired outputs to Drug-cleared/Drug-free status of barangays, municipalities, cities
and provinces declared by the Regional Oversight Committee on Barangay Drug Clearing Programme(ROCBDC). Procedures in Declaring Drug Affected Barangays and the unremitting implementation ofAppropriate Intervention6 Programmes along with the required sustainable activities/programme in BDCPin preventing relapse and preventing reoffending for all the surrenderers (PWUDS, qualified pushers anddrug offenders/plea bargainers) and even the Newly Identified individuals in illegal drugs activities are
sustained. Participation of stakeholders is crucial for sustainability of the programme.
FOUNDATION Stage - defines the readiness of the barangay to undertake the Barangay Drug Clearing
Programme.
1. Roll-out/cascading of Barangay Drug Clearing Programme (BDCP) to all the barangays in the country.
Participants are members of Anti-Drug Abuse Council (ADAC) from the barangays, municipalities/cities
and provinces including its Chairman and its committees.
Committees on Peace and order Council, Advocacy, Women and Family, Youth Council, Representative of
Faith-Based Organization, Law Enforcement Agencies (Philippine National Police), Municipal/City Local
Operation Officer from the DILG, Municipal/City Health Officer (MHO/CHO) and the Barangay HealthWorkers (BHW)•Responsible Office/Stakeholder: Philippine Drug Enforcement Agency (PDEA)
2.  Strengthening the functional Anti-Drug Abuse Councils (ADACs) implementing the programme whichaims to eradicate/prevent the entry of illegal drugs into the community and are evident through Reactivatedand Revitalized BADAC, BADAC Monitoring mechanisms and BADACs Allocation of Budget for Antidrug initiatives in their Annual Investment Plan.
•Responsible Office/Stakeholder: Department of Interior and Local Government (DILG) and Local
Government Unit (LGU)
3. Management of Watch List.
The Lists of surrenderers/individuals with validated involvement on illegal drug activities are categorized
and subjected to appropriate intervention programmes in the community.7•Responsible Office/Stakeholder: PDEA, BADAC and PNP.
PIVOTAL STAGE - Exemplifies that the BDCP is being implemented and its impact starts to be felt by
the community. Apart from implementation of Demand Reduction Programmes and conduct of otherrelated activities, implementation of appropriate intervention Programmes for Person Who Used Drugs(PWUDs) is assessed, implemented and managed by the Department of Health according to the standard
protocol of the World Health Organization following the result of the ASSIST tool whether for Community
Based Drug Rehabilitation Program (CBDRP), General Intervention (GI) and on Treatment Rehabilitation
Centres (TRCs).  Whereas, qualified pushers and drug offenders/plea bargainers on drugs are for Balay
Silangan (BS) Reformatory Programme which is managed by the LGU.
4. Conduct of House Visits.
House visit is conducted to surrenderers to inform them the available appropriate intervention by thegovernment which they could readily avail of.
•Responsible Office/Stakeholder: BADAC, PNP and PDEA

6
7

Ibid.
Ibid.

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PARTICIPANTS’ PAPERS

5. Processing of Surrenderers
The provision of One-Stop-Shop/venue for the processing of surrenderers, including the assessment ofappropriate intervention modality.  This includes Assessment using ASSIST tool based on the UN standard
is conducted for appropriate intervention modality (pursuant to DDB Reg. No. 7, Series of 2019), Validationof residency, Profiling, Conduct of Drug Test and Administration of Affidavit of Undertaking for
Surrenderers (pursuant to Sec. 54 and 61 of RA 19165).
•Responsible Office: Municipal/City Health Officer(CHO/MHO) PNP, LGU, PDEA8
6. Implementation of Intervention Programmes – is based on the result of ASSIST tool and duration
depends on the assessment/evaluation of case managers. Each has its Treatment Card/Book for monitoringand shall complete the intervention programme. Surrenderer classified as both PWUD and pusher shallbe subjected to two interventions – for Community Based Programme and for Balay-Silangan Reformatory
Programme. Conduct of at least three (3) surveillance Drug Tests is recommended for evaluating the
success of the intervention programme, upon admission, anytime within the programme compliance andprior to temporary release/primary programme completion.
•Responsible Office/Stakeholder: Municipal/City Health Officer (MHO/CHO) and LGU
7. Categorizing of Identified Individuals/Surrenders in the Lists – the assigning of color-codes to intervention
undertaken by those PWUDs, qualified pushers and drug offenders/plea bargainers for their monitoring
and accounting.
•Responsible Office/Stakeholder: BADAC assisted by PDEA
8. Assessment for Declaration of Drug Cleared Status Barangays (community). This is the submission ofcomplete documentary requirements to qualify for application and issuance of Drug Cleared Status of
Barangay/Municipality/City/Province.9•Responsible Office/Stakeholder: PDEA (Regional Barangay Drug Clearing Team implementers in the 17
Regional Offices nationwide)
9. Deliberation by the Regional Oversight Committee on BDCP (ROCBDC) -Through the Chairmanship of
PDEA in the Regional Offices and its members’ stakeholders•Responsible Office/Stakeholder: PDEA, DILG, DOH, PNP and the Local Chief Executive or Authorized
representative.
SUSTAINABILITY STAGE – this means that the level of BDCP implementation has stabilized in the
LGU evidently indicated by empowered and self-policing barangays, drug resilient citizens, and stigmafree rehabilitated PWUDs and drug reformists reintegrated in the community. After declaration made by
ROCBDC the Drug-Cleared and/or Drug-Free Status barangays must sustain its status through Preventing
Reoffending for Drug Reformists and Relapse Prevention Program for Rehabilitated PWUDs must include
the following sustainable programs/activities in the LGU.
1.  Social Reintegration programmes for Rehabilitated PWUDs and Drug Reformists.
2.  Relapsed Prevention Programme for Rehabilitated PWUDs.
3.  Continuous Implementation of Drug-Free Workplace Programme.
4.  Active Multi-Sectoral Support to BDCP implementation.
5.  Continuous Capacity Development for BDCP Implementers.
6.  Establishment of Community Drug Watch.
7.  Establishment of Community Support Group for Drug Problem.
8.  Institutionalization of implementation of BDCP through Ordinances, Executive    Orders and Policies.10
9.  Periodic consultation with Duty Bearers and Stakeholders which may include holding of Annual
Conference on BDCP Implementation.
10. Continuous conduct of demand reduction activities/awareness programme in the LGU and in all
sectors.
11. Sustained intervention programmess for PWUDs (GI, CBDRP and Drug Treatment Rehab Centres
Programme).
12. Sustained intervention programmes for pushers and other Drug offenders/plea bargainers.

8

Ibid.
Ibid.
10
Ibid.
9

75

RESOURCE MATERIAL SERIES No. 114
ROCBDC composed of PDEA together with other government agencies and LGUs conducts validation
procedures to those with drug cleared and/or drug-free status to ensure its sustainability and ensure thestatus of RPWUDs and Drug Reformist preventing them from relapsed case/s and reoffending as well.
G. Details of Intervention Programmes
The figure below shows the New Client Flow for Wellness and Recovery from Substance Related Issues
based from the Dangerous Drugs Board (DDB).11

1. For PWUDs, interventions depend on the result of assessment using ASSIST tool.
(i) Low Risk Drug Use Dependence (0-3) –. General Intervention (GI) is maximum of 1-month period.
This includes Brief Interventions, Individual Family programmes, Health and Psycho-Education
and Psycho-Socio/Spiritual Support.
(ii) Moderate Risk of Drug Use Dependence (4-26) - For Community Based Drug Rehabilitation
Programme which include but not limited to: Case Management with Individual Treatment Plan,
Psycho-Education and Advocacy, Counselling/Coaching, Education/Employment Support, Relapse
Management and other activities deemed necessary.
(iii) High Risk of Drug Use Dependence (27 and above) - PWUDs shall undergo a Drug Dependency
Examination (DDE), conducted by DOH-accredited physician and PWUDs may be diagnosed for
In-patient /Out-patient treatment and interventions.
(a) PWUD diagnosed as MILD SUBSTANCE USE DISORDER/COMMUNITY-BASED with the notlimited to the following interventions: Case Management with Individual Treatment Plan, PsychoSocial Support, Recovery Skills, Life Skills, Brief Interventions and Motivational Interviews, Spiritual/
Faith-based Structured Interventions, Social support Activities not limited to Technical Skills
Enhancement, Livelihood Training12 Activities, Educational Programmess, Environmental Awarenessactivities, Socio-Civic Activities, Attendance/Meetings of Support Groups  like Narcotics Anonymous,
11

https://www.youtube.com/watch?v=mX1wQ3ZsLNw “The New Client Flow for Wellness and Recovery from Substance
Related Issues through DDBgovph, 28 Jun. 2020; Dangerous Drugs Board Reg. No 7, Series of 2019, Consolidated Revised
Rules Governing Access to Treatment and Rehabilitation Programs and Services.
12
Ibid.
 	  Dangerous Drugs Board Reg. No 7, Series of 2019, Consolidated Revised Rules Governing Access to Treatment andRehabilitation Programs and Services

76

PARTICIPANTS’ PAPERS
Faith Based and NGOs.
(b) PWUD diagnosed as MODERATE SUBSTANCE USE DISORDER/FACILITY-BASED OUTPATIENT. PWUD shall undergo detoxification (when necessary) and referred for “out-patient”
programme accredited by Department of Health which may include but  not limited to Structured
Out-Patient Modalities (Psychotherapy Interventions), Moral or Spiritual/Faith-Based Structured
Intervention (Counselling, Provision of Addiction modules/Services), Individual/Group Counselling,
Behaviour Modification programme, Social support Activities not limited to Technical Skills
Enhancement, Livelihood Training Activities, Educational programmes, Environmental Awareness
Activities, Socio-Civic Activities, Attendance/meetings of Support Groups (Narcotics Anonymous,
Faith Based and NGOs).
(c) PWUDs diagnosed with SEVERE PWUD SUBSTANCE USE DISORDER/FACILITY-BASED INPATIENT for 6-month period. PWUD shall undergo detoxification (when necessary) and referred for“in-patient” programme accredited by DOH which has bio-psychosocial spiritual approach which may
include, but not limited to Therapeutic Community Model, Minnesota Model and Other Evidencebased Model programmes.
2. For Reformation intervention in Balay Silangan Programme- For pushers in the list of surrenderers andplea bargainers (drug offenders) with court order for admission to13 Balay Silangan upon release to thecommunity from detention facilities.
FLOW CHART ON ADMISSION IN BS REFORMATORY PROGRAM(The figure below shows the admission of clients in Balay Silangan Reformatory Programand The Involved Stakeholders)

Clients Eligibility for Balay Silangan
Reformation Programme
A. Pushers in the validated List of PDEA-PNP(except for Drug offenders who served sentenceor acquitted by court)●Surrenderers not subject for anti-drug
operation●Pusher with No pending cases on Drugs
B. Drug Offenders (a person charged with a drugrelated offence or an offence in which substanceabuse under Republic Act 9165)●Plea Bargainers with court order for
to Balay Silangan
admission/intervention.

PDEA and other law
enforcement agencies, LGU

Program Orientation
All clients are required to attend the BS
orientation for thorough awareness of theintervention programme including therequirements for its duration.
PDEA, PNP, DILG,LGU (Municipal/City
Health Officer),

13

Processing of Surrenderers(One-Stop-Shop activity inin the barangay (community)

Assessment● Profiling●Medical and Physical Exam.
●Psychological, if available

Admission
Requirements●Submission of
documents●Endorsement letterfrom BADAC
Chairman●Affidavit ofUndertaking,●Court Order foradmission to Balay
Silangan, if applicable

LGU (venue andother logistic
requirements)

PDEA, PNP,DILG,
LGU(Municipal/ City
Health Officer),
assistance from alegal Counsel/DDB
Legal Officer)

LGU, PDEA
and otherstakeholders

Ibid.

77

RESOURCE MATERIAL SERIES No. 114
As of this writing, enhanced provisional concept is yet to be approved by the Dangerous Drugs Board
which provides that client enrolled in the BS programme shall undergo a one (1)-month mandatory “in-house”
for Education, Health, Psychosocial and Physical Activities as reflected below. Only clients certified by thecase manager shall proceed to Livelihood or Employment Education Phase.14
A. Education and Health●Includes Knowledge on Illegal Drugs and Its
Ill effects●Lecture on Salient Provisions of RA 9165
Involved Stakeholder: PDEA, LGU (ADAC)

B. Psychosocial and Physical Activities●Counseling Sessions,●Consultative Sessions●Moral Recovery Activities● Discipline and Values Formation, ●Personal andLife Skills●Exercises and Sports Activities
Involved Stakeholder: LGU (MHO/CHO), ADAC,
Religious Sector

C. Livelihood or Employment Education(determined by LGUs to include but not limited to
the following)●Green Revolution Programme (Gardening*)●Soap Making●Massage Training or Reflexology,●Basic Carpentry●Basic Welding and Electrical● Basic Haircutting●Food Processing●Mushroom Culture
Involved Stakeholders: LGU (ADAC), TESDA, DTI.
DOLE, DAD. After-care Services●Continuous counselling● Job Placement● Other Alternative Economic Development●Programme on Alternative Learning System
Involved Stakeholder: PDEA, LGU (ADAC), DSWD,TESDA, DTI. DOLE, DA, DepEd/CHED

From January 2017 to December 2021, PDEA recorded 319 Balay Silangan Reformatory Centersestablished in the country which catered eligible pushers and plea bargainers for BS intervention programmewith a total of 5, 743 clients. Apart from this continuous commitment LGU must ensure the requirements
below in BS establishment.15

14Dangerous Drugs Board Reg. No 2, Series of 2018, Balay Silangan - Guidelines for Community Involvement in Reforming
Drug Offenders Who Voluntarily Surrendered into Self-sufficient and Law-abiding Members of Society.
15
Ibid.

78

PARTICIPANTS’ PAPERS

1. Establishment of the infrastructures
necessary for the program which may have thefollowing but not limited to: Lecture Room/s;●
Counselling Room;●
Sleeping Quarters;●
Comfort Rooms;●
Mess Area/Pantry;●
Clinic; and●Sports/Recreation Area

2. Provision of appropriate number of
personnel who will man the facility which
include but not limited to:●Facility Head;●
Program Coordinators;●
Case Managers;●
Medical Aide;●
Security; and●Utility Workers

3. Financial and logistical support needed
for the operationalization of the facility.

4. Signed Memorandum of Agreement(MOA)/Memorandum of Understanding(MOU) with various stakeholders.

5. Reformatory Module must be holistic
and anchored on respect for human dignity.

H. Monitoring Mechanism
To ensure that the implementers are comprehensively
implementing the programme in the country, PDEA also
created the PDEA Barangay Drug Clearing ProgrammeWorking Group for Monitoring and Validation (PB-WMV).
Currently, it is headed by the Chief of Staff, Dir. III Charlene
R Magdurulang who oversees the PBWMV in supervisingand monitoring the effectiveness and efficient implementationof the 17 Regions in the country. The PB-WMV and Regional
BDCP Teams (RBDCPT) shall champion the programme
implementation. Strengthening multi-stakeholder coordination,
79

RESOURCE MATERIAL SERIES No. 114
drafting and implementation of guidelines and policies, preparation of plans and programmes, validation,assessment, data gathering and analysis, and recommendatory functions are among its mandate.
I. LGU’s Commendable Practices on BDCP Implementation: As First Drug-Free City in the Philippines
The LGUs effort in the sustainable development programme in the implementation of Barangay Drug
Clearing Programme shows solid support to the programme. Apparent proof for this is the LGU of Tangub
City hailed as the First Drug-Free City in the Philippines on April 11, 2019. It is situated in Northern
Mindanao, Philippines.16 On the basis of Board Regulation
No. 3, Series of 2017, it was duly declared by the ROCBDC
through PDEAs chairmanship under USEC Wilkins M
Villanueva, MPA, CESE, the former Regional Director of
PDEA Regional Office X and currently the Director
General of the said agency. The city has 55 drug-clearedbarangays with sustained status with a total of 3,729
rehab PWUDs and 120 Drug Reformists respectively
who have undergone intervention programmes on
Community-Based Drug Rehabilitation Programme(CBDRP) and Balay Silangan (BS) Reformatory
Programme.
Based on the ROCBDC’s thorough assessment and evaluation which then confirmed further the study
conducted by the Joint Research Project of the Dangerous Drugs Board (DDB) and Integrative Competitive
Intelligence Asia, Inc. on May 2020, “Best Practices of Selected Drug-Cleared Barangays: A Basis for A DrugFree Community Paradigm”, The study shows distinctive efforts made by Tangub City which substantiates
the sustainable programme BDCP are as follows:
1. Institutionalization of policies which include Creation of the City Anti-Drug Abuse Council (CADAC),
Drug Free Work Place Ordinance for the Public Sector, Executive Order Establishing the One Stop
Shop for the Processing of Applications for Voluntary Treatment and Rehabilitation of Drug Dependents
wherein a Legal and City Health Offices was tasked on the step-by-step procedure of the process fromclient interview and assessment to admission to the treatment centres, and the Drug Free Work Place
Policy.
2. LGUs continuous demand reduction activities/awareness programme evident through various

USEC Wilkins M Villanueva, current Director General, PDEA and the former Regional Director of PDEA Region Office X
in Northern Mindanao, painstakingly conducts of continuous lectures on BDCP awareness to LGU, government agencies
and other stakeholders.
16

PDEA// Tangub City LGU, 2020 Joint Research Study of DDB and Integrative Competitive Intelligence Asia, Inc. Best
Practices of Drug-Cleared Barangays: A Basis for a Drug-Free Community Paradigm

80PARTICIPANTS’ PAPERS
meetings with barangay officials and attendance to barangay gatherings, house to house campaigns
and other activities were initiated by the CADAC Technical17 Working Group Core Team to encourage
full participation of the community in support to anti-illegal drug campaign/programme in the city.
3. Institutionalized partnerships and structures on rehabilitative perspective between LGU’s CADAC
Core Team with PDEA, PNP, and other government agencies through MOA/MOU and otherstakeholders.
4. Institutionalization of Drug-Free Workplace implementation, “housecleaning” through random Drug Tests to city hall employees andelected barangay officials during their general assembly/meeting.
Those tested positive both on the screening and confirmatory tests
were included on the first batch of 38 surrenderers and graduatesfor voluntary treatment and rehabilitation in18 Misamis Occidental
Drug Treatment and Rehabilitation Centre. Drug-Free Workplace
has been institutionalized all throughout the LGU through issuanceof a Drug-Free Workplace policy for the public sector.
5. The establishment of Community Drug Watch as a system ofmonitoring and reporting on drug-related activities specifically theorganization of the Purok Service Unit (PSU) including budget
allowance. This has been entrenched through an
Executive Order and adopted by the LGU through a
Resolution. Usual PSU member ranges from 3 to 5 per
purok as shown in the figure on the left.

Photo taken during conduct ofrandom Drug Test in Tangub City.

(i) The members are nominated by the barangay LGU
based on the following criteria:(a) He/she should be an upstanding member of thecommunity(b) A registered voter in the barangay(c) No police record(d) At least high-school graduate(e) Selected by the Barangay Affairs Section (BAS)under the Office of the Mayor(f) Must undergo the PSU orientation regarding their roles and responsibilities, including reporting
requirements conducted by BADAC and CADAC.
(g) Member of PSU will receive a monthly honorarium from the city with additional incentives forgood performers.
(ii) Encompassing PSU’s task on the peace and order are identification and reporting drug users andpushers in the area, monitoring of peoples’ movement19 coming in and out within their puroks(village) which include collection of basic information of newcomers in the area like name, address,
purpose, length of stay in the area and other necessary info and subsequent reporting for suspicious
activities of individuals to the PNP for verification or further investigation as well.
(iii) Residents are required to report incoming visitors to the barangay and shall provide the necessary
information before the date of arrival.
(iv) The reporting process of PSU is illustrated in the figure below.

17

Ibid.
Ibid.
19
Ibid.
18

81

RESOURCE MATERIAL SERIES No. 114(v) The PSU has been effective in preventing the return of illegal drugs activities and maintaining
peace and order in the communities through regular reporting of any suspicious illegal drug
activities or individuals and on-time action. There’s an easy access on reporting to PNP and the
Chairman, CADAC (Mayor of the city) through their Text- hotlines. The CADAC Core Team isfurnished copies of drug-related reports, which then the PNP conducts verification before taking
appropriate action. Reports will be submitted to the BAS on quarterly basis for checking,consolidation and record-keeping. Performance of the PSU is then monitored by the respective
barangay wherein feedback is also provided to them.20
6. Sustained intervention programmes for pushers. In collaboration
with PDEA and based on Dangerous Drugs Board (DDB) Regulation
Number 2, Series of 2018 aimed at capacitating the whole person andensuring their reintegration to become productive and law-abiding
citizens of society, Tangub City has established and Operational
Balay Silangan Centre with graduated of 120 Drug Reformists.

• It was operationalized in February 2019 and was funded by the LGU which also caters pushers for reformationfrom the neighbouring cities and LGUs.
• It has committed 13 casual or job-order employees comprises of a psychologist, two social workers, one medical
technician, one IT staff, seven recovery coaches and the Program Director/ Facility Nurse who is also the CBRP
Coordinator and CADAC TWG-Core Group member with a lot of experience in rehabilitation and treatment work.
• Clients activities include physical, mental, social, moral and spiritual aspects of recovery from the collective effortsof BS staff and interventionists from PDEA, PNP, religious sector and other stakeholders involved.
• Schedules includes exercises, performance of chores, individual reflection, journaling, family visitation and religious
sessions by observing one’s religious beliefs, aside from moral recovery and livelihood training.

7. Sustained intervention programmes for PWUDs with monitoring mechanisms includes enrolees checkin twice daily to assigned BADAC duty in the barangay. Individual weekly feedback through a journal
is required to PWUDs.21
Family involvement is vital to recovering PWUDs through orientation, and recollection activities with
PWUDs are necessary in relapse prevention aimed at repairing the relationship between recovering
PWUDs and their family members.

20
21

Ibid.
Ibid.

82

PARTICIPANTS’ PAPERS

8. Tailored support to Rehab PWUDs and Drug Reformists through LGUs provision of livelihood
assistance after completion of Aftercare programmes and upon reintegration into the community.
This support is a priority in LGUs employment based on skills matching and referrals.

9. Recovery counsellors and support system to clients in BS intervention programme and CBDRP arecommitted Rehabilitated PWUDs from first batch CBDRP graduates in 2016.
10. Establishment of community reward system in strengthening the monitoring mechanism of the LGU
whereby residents are actively encouraged in their participation on top of their commitment in thefight against illegal drugs and entry of all illegal drug-related activities in the city.22
11. Institutionalized allocation of funds for sustainable development of BDCP. Funding includes training
and information dissemination campaign, rehabilitation and facility treatment, financial support tofamilies of surrenderers and members of PSU, provision of supplies and operationalization of Balay
Silangan and conduct of CBRP. There is cost sharing between the city and the barangays of 10,000 per
year for the CBDRP programme. Committed personnel in the Anti-Drug Abuse Team are paid through
LGU’s regular budget.
J. Success Stories of Rehabilitated PWUDs and Drug Reformist in Tangub City
Below are journeys of eminent personal transformation of Rehab PWUDs and Drug Reformists succumbed
to BDCP intervention programmes as significant achievements of Tangub City in the implementation on
BDCP. Their positive transformation enhances awareness to the programme and cradle of inspirations to thecommunity and inspires continuous efforts among BDCP stakeholders in working hand-in-hand with thegovernment in achieving its ultimate goal.
1. Story of Reino Amado (pseudonym): From A Pusher to A Grateful Drug Reformist
Reino lived in Ozamis with his parents and siblings; later moved in Tangub City. During their childhood,
Reino and his siblings were always beaten by their father Lucio especially when they were not in their
22

Ibid.

83

RESOURCE MATERIAL SERIES No. 114
house.23 Reino was a consistent honor student until his
beloved mother died of cancer. Since then, Reino spent mostof his time with friends, roaming around entering houses
and stealing things. His father Lucio had been into several
partners before he met Nilda, Reino’s stepmother. Reino andhis stepmother were not on good terms then as he couldn’t
accept her as his mother. Reino learned to use illegal drugs(marijuana and shabu) during high school together with his
friends. Because of this, they kept on entering and breaking
into houses and learned to steal money to support theirhabit. When Reino graduated from high school, he enteredsmall time jobs for a living. His drug use escalated and his
vices had gone worse. Reino became a drug “runner” as hecould not depend on his pay. Reino met several partners andsome of them helped sustain his drug use. Reino met Mabel
who is an office staff of a private company. They fell foreach other and got married. But then, their marriage wasdifficult for he was still involved in illegal drug activities. When the Sagip Illegal Drug Users (Rescuing
illegal drug users) programme of the City Government of Tangub came, Mabel decided to apply for thevoluntary treatment and rehabilitation for her husband Reino. The programme had helped Reino to stopusing substances, handle triggers and turn away from his old behaviour. Months since his release fromthe Treatment Rehab Centres, Reino was informed by the City Anti-Drug Abuse office that he had toundergo a three-month reformation programme in Balay Silangan. The programmes Reino underwent
helped him to reflect on and understand the consequences of the things he had done before. He has fully
realized the value of developing respect, discipline and humility in oneself to become a self-sufficient
member of society. Mabel, on the other hand, has been very grateful for the man her husband Reino has
become now.24
2. The Triumph of Cesar Segora (pseudonym: A Rehabilitated and Reintegrated Person Who Uses Drugs
Cesar is currently working in the Provincial Rehab
Centre in Misamis Occidental. Cesar was born in Tudela,
Misamis Occidental. His family moved in Tangub City when
he was a year old and lived there since then. Cesar and his
siblings were raised by caring parents who taught them of
good manners and proper conduct. Cesar was able to finish
elementary school, high school and college with the supportof his family. It was in his college days when he joined afraternity and met friends who influenced him to use illegal
drugs (shabu). Cesar decided to go to Manila after college.
He didn’t expect that his stay would give him a view of how
rampant the illegal drug situation is in the city. Though he
was able to find a job and finished his SOLAS training, Cesar
failed to continue his application. His brother’s efforts to
support and help him land a job abroad got wasted. Cesar
was also able to work in Cebu as a merchandiser but still his
drug use went on.25
In 2006, Cesar met Arcilyn. They became lovers and tied the knot in 2013. Their relationship had been
the most difficult for Cesar couldn’t get away with drugs. Arcilyn, thinking Cesar would be able to turnaway from his drug abuse, believed that the chances she gave will someday be worthwhile. Cesar cameback to Tangub with the thought of quitting but his return only worsened his drug abuse. He was rarely
at home, uncomfortable when he couldn’t use drugs and sold valuable things in their home. Cesar brought
distress to his family and in-laws. It was in 2017 when the Community-based Drug Rehabilitation Program
23

Credit to Herry Rose C. Balili, RSW and Tangub City Anti-Drug Abuse Office/Misamis Occidental LGU
Ibid.
25
Ibid.
24

84

PARTICIPANTS’ PAPERS
was launched by the City Government of Tangub under the Sagip Illegal Drug Users Programme. Cesar
felt the need to quit for the current administration would possibly sue him due to his drug abuse. In early
2018, he volunteered to undergo CBDRP in their barangay but with uncertainty. Later, Cesar came torealize the dangers brought by drug addiction. He is finally able to see the support and sacrifices his wife
Arcilyn and family had taken to help him recover. He now takes his focus to important things in life
including his own family. Cesar became a CBDRP Recovery Coach in July to November 2018 and became
an example to the recovering PWUDs. In October 2019, Cesar was employed as Coach in the Misamis
Occidental Drug Treatment and Rehabilitation Centre and since then, he continues to help with people
who struggle to find the road to recovery.26
K. Challenges Affecting the Implementation of BDCP
Based on the five-year experience in the implementation of the programme, PDEA and the Philippines
government have faced challenges which threaten the sustainability of the programme in preventing both
possible relapsed and reoffending cases involving a total 260,831 Rehabilitated PWUDs and 5,743 Drug
Reformists who have undergone intervention programmes in BDCP from the 24,303 Drug Cleared barangays
and 5,395 barangays with drug-free status out of 42,045 total barangays in the country.
The feat of BDCP hinges on the issues and concerns identified below.
1. The review on the current laws, policies and other issuances affecting the implementation of BDCP isvery crucial. Enactment of enabling laws and policy enhancement that is explicit and particular would
speed up the roles for the duty bearers and other stakeholders as implementers of the in the LGU.
The role of the court is very important for plea bargainers/drug offenders to undergo properintervention programmes, for instance Balay Silangan Reformatory Programmes. Despite diverse
mandates and priorities among duty-bearers and stakeholders involved in implementation, monitoringand supervision, fortification of the programme among courts should be deliberate.   Provision offunding and other mobilization requisites must be specified clearly ensuing BDCP anchored intervention
programme and other related activities and programmes.
2. Likewise, proper management of funds is an immense consideration in the implementation intervention
programme in which provision of quality intervention programmes is dependent. The duration of the
programmes also rely on the kind of intervention programme they were succumbed to following after
their assessment. Funding on the basic needs and other essentials during programme implementation
and reintegration is carefully outlaid.
3. Alternative development programmes for the Rehabilitated PWUDs and Drug Reformist aresupplementary measures through tailored support programmes in the reintegration into the community.
Before enrolment of PWUDs to Community-Based Drug Rehabilitation Programme and pushers to
Balay Silangan Reformatory programme, conduct of thorough assessment is very essential forsustainability of their personal transformation in the community. The tailored support services orprogrammes depend on their need which may include provision of livelihood programmes, theirprioritization on employment in the LGU, providing free education on alternative learning programmes
especially for Out of School Youth, an agent of hope to other surrenderers through volunteerism
against drug involvement, easy access to health care services and involvement of the family andcommunity as well. In this sense, they will be reintegrated well into the community as healthy, normal
and productive individuals of no stigma on illegal drug involvement and not tagging them as “drugaddicts” or pushers or any other involvement in illegal drugs activities.

II. WAY FORWARD OF THE PROGRAMME
Currently, the country has 1,218 remaining unaffected barangays. Its drug affectation drops to 26.47 percent and comprises the 11,129 remaining drug-affected barangays with surrenderers subject for intervention
programmes rather than putting them in jail.
26

Ibid.

85

RESOURCE MATERIAL SERIES No. 114

Based on LGU’s noteworthy achievement in the implementation of BDCP, PDEA fervently believes aceaseless effort and answer against drug problems in the society is by putting primacy on the welfare of the“least-cared surrenderers”, the Person Who Uses Drug (PWUDs) preventing them to commit crime andPushers/Drug offenders, preventing them from reoffending in the community treating them humanely as
victims of illegal drugs, through a balanced, holistic, unified, synchronized and integrated collaborative multistakeholder approach in the intervention, treatment, rehabilitation and reintegration programmes.
Also, the agency seeks sturdy support in the sustainable development of the programme from othergovernment/private agencies in the locale and from the international government/Non-Government
Organizations who believe and share the vision of putting primacy and treating humanely these victims ofillegal drugs considered as a global problem.27

27

PDEA Barangay Drug Clearing Program Working group for Monitoring and Validation (PB-WMV) Data as of December
2021.

86

ALTERNATIVE SENTECING IN SRI LANKA AND ITS CHALLENGES
FROM A REHABILITATIVE PERSPECTIVE
Nayomi Wickramasekera*

I. INTRODUCTION
The Sri Lankan response to crime over the past half century has been highly punitive, with a growth in
the number and scope of criminal laws as well as in the incarcerated population. The incarceration population
has continued to rise1 and all the while, crime continues to affect many Sri Lankan’s each year. Fine is thecommon punishment for petty offences, but most offenders are unable to pay the fine imposed and therefore
are unable to benefit from this alternative punishment. The rate of offenders imprisoned for default of
payment of fines is 70 per cent in 2019 from the total number of offenders admitted to the prisons that year.2
This percentage has been rising from year 2015 according to statistics. The reconviction rate of the drug
offenders in Sri Lanka is 33.3 per cent in year 2019.3 In this category the number of the direct admission ofreconvicted prisoners and recidivists is higher than first offenders. In 2018 and 2019 reconvicted prisoners
constitute approximately 26.7 per cent4 of the total prison population.5 Therefore, the philosophy of the penal
system of Sri Lanka needs to evolve into one with a correctional and rehabilitative focus, rather than apunitive purpose, and rehabilitation of offenders and their successful social reintegration into society should
be among the basic objectives of the criminal justice system. Dissatisfaction with solutions currently available
within the Sri Lankan Justice system has created an opening for a shift in response after a decades-long focus
on punitive sentences and incarceration. The importance of this issue has become even more importantamidst the Covid-19 outbreak and the overcrowding of the prisons.  Agitation due to this vulnerability at theAnuradhapura prison resulted in two deaths in March 2020 amidst the Covid-19 outbreak. This article
provides a directory of restorative justice statutes and practices to describe key features of restorative
justice legislation and polices in sentencing in Sri Lanka and the challenges faced by the criminal justicesystem in implementing and improving these statutes and polices.

II. THE EXISTING STATUTES RELATING TO RESTORATIVE JUSTICE
Sri Lanka, formerly under British colonial rule referred to as Ceylon, is a multi-ethnic and multi-lingual
island. It was colonized by three different foreign rulers over a period of four hundred (400) years. Sri Lanka
has remained a constitutional democracy since independence from British colonial rule in 1948. Prior to thearrival of the European powers in 1505, the country had varied laws, mostly catering to the different ethnic
communities. Before that in ancient Sri Lanka the hierarchy of courts and the source of all justice was theKing. The mode of punishment was retributive in nature.
The criminal law and procedure in Sri Lanka are governed by the Penal Code and the Code of Criminal
Procedure.6 The Penal Code, which was enacted in the year 1883, came into operation in the year 1885, andis still in operation to date. Some significant Amendments such as Penal Code [Amendment] Act No 22 of1995 and the Penal Code [Amendment] Act No 29 of 1998 were introduced for specific categories of* LLB, LLM, Attorney-at-Law, Former Prosecutor in Sri Lanka and Fiji Islands, High Court Judge of Sri Lanka.
1
Vol 39, Year 2020, Prison Statistics of Sri Lanka 2020, Statistics Division Prison [Headquarters], Sri Lanka.
2
Ibid, page 78.
3
Ibid, page 93.
4
Ibid, page 35.
5Ibid, page 45.
6Code of Criminal Procedure Act No. 15 of 1979.

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RESOURCE MATERIAL SERIES No. 114
punishments. Section 52 of the Penal Code lists out the death penalty, simple imprisonment, rigorous
imprisonment, whipping,7 fines and forfeiture of property as criminal punishments. The punishments of thePenal Code are complemented by Section 303 of the Code of Criminal Procedure Act 1979. According to thisprovision, judges can substitute a sentence of imprisonment with a suspended sentence. There were several
amendments to the Code of Criminal Procedure Act No 15 of 1979 and some significant amendments
relevant to this article can be found in the Code of Criminal Procedure [Amendment] Act No 17 of 1997 and
the Code of Criminal Procedure [Amendment] Act No 47 of 1999. Furthermore, the Community Based
Correction Act No 46 of 1999 also facilitates the imposition of community-based correction orders in place ofimprisonment where the prescribed punishment does not include mandatory imprisonment or imprisonment
exceeding two-years. The Probation Ordinance 42 of 1944, Section 3, also gives courts the option of ordering
a release on probation taking into account the offence, age, gender and condition of the offender.

III. SENTENCING AND ALTERNATIVE PUNISHMENTS
Restorative justice is not an alternative paradigm that can replace the process of criminal justice. In Sri
Lanka when sentencing an offender in certain offences restorative justice is referenced in statute, but withfew mandates and little structure to support systematic use.  The Police Department, the Attorney General’s
Department [prosecution] and the Prisons Department [corrections] should work with the Judges to prevent
revictimization as well as recidivism in crimes, and this should begin at least at the sentencing stage of an
offender.  In Sri Lanka, imprisonment is the commonest mode of punishment other than imposition of fines.
According to statistics,8 95 per cent of the convicted prisoners are sentenced with an imprisonment periodof less than two years. Many of them who have committed minor offences and default of payment of a fineare sentenced with short-term imprisonment. A parole system is not available to them. The alternative
sentencing methods and community-based correction that is in existence should be utilized in a successfulmanner.
A. Need for a Uniform Sentencing Policy
Judicial attributes should be inclined more towards a rehabilitative approach as well as a deterrent
approach. Therefore, the judges should address their mind to a rehabilitative approach when sentencing,which should be considered as a foremost important matter. To achieve this end, a sentencing policy focusing
on rehabilitation is required to be formulated to avoid individual justice in Sri Lanka. Absence of a mechanism
to monitor sentencing trends and the need to set sentencing guidelines is paramount in this process. Sri
Lanka does not have a sentencing policy or sentencing guidelines. A national policy on sentencing would
provide guidance to judges in imposing sentences to ensure that they weigh aggravating and mitigating
factors affecting the sentence in a uniform manner. Nevertheless, it is important for this process to beundertaken in a manner that does not undermine the independence of the judiciary but enhances its
competence. Establishing a Sentencing Council to monitor sentencing trends and enact a statutory mechanism
and criteria for commuting sentences can be suggested as legislative reform. Introducing a National Policy
on Sentencing through collaboration of the Judiciary, Ministry of Justice and Attorney Generals’ Department
to provide sentencing guidelines can be suggested as a policy reform.
B. Suspended Sentence as a Non-custodial Measure
The judicial authority, having at its disposal a range of non-custodial measures, should take into
consideration in making its decision by considering the rehabilitative needs of the offender, the protection ofsociety and the interests of the victim. One such non-custodial method used in Sri Lanka is suspended
sentence. Section 303 of the Code of Criminal Procedure [Amendment] Act No 47 of 1999 lays down theexisting provision for suspended sentences. Suspended sentence cannot be imposed to an offender where thelaw provides a mandatory minimum sentence for the offence he has committed, or where the offender isserving a term of imprisonment or is yet to serve the term of imprisonment which has not been suspended,or where the offender committed the offence while he/she was on a probation order, conditional release ordischarge, or where the term of imprisonment or the aggregate terms of imprisonment exceeds two years.
The offender is convicted and the sentence is suspended for a period not less than 5 years from the date of7
8

Whipping was removed as a punishment under Section 3 of the Corporeal Punishment (Repeal) Act, No. 23 of 2005.
Year 2021, Prison Statistics of Sri Lanka 2021, Statistics Division Prison [Headquarters], Sri Lanka.

88PARTICIPANTS’ PAPERS
the order and Courts may suspend the sentence wholly or partly. But very rarely the sentence is partly
suspended in Sri Lanka. The offender is fingerprinted and therefore when Court calls for a fingerprint reportof a person, it is reflected as a previous conviction.
In Court of Appeal Case Kumara v. Attorney General [2003] 1 Sri L R 139 Justice Edirisuriya held that:
A suspended sentence is a means of re-educating and rehabilitating the offender, rather than alienating or
isolating the offender. No offender should be confined to a prison unless there is no alternative available forthe protection of the community and to reform the individual. Imprisonment has an isolating and alienating
effect on the family of the imprisoned offender because of the hardships they are faced with during theimprisonment of one of the family members. This authority has taken precedence and shows the judicial
attitude towards rehabilitation of offenders in Sri Lanka. The Sri Lankan Supreme Court in S.C. Reference
03/2008 held, “mandatory minimum sentences” in certain offences were inconsistent with the Constitution.9
One of the reasons attributed to the decisions of the Supreme Court was the imposition of mandatory
minimum sentences would result in legislative determination of punishment and a corresponding erosion of
a judicial discretion and a general determination in advance of the appropriate punishment without aconsideration of relevant factors which proper sentencing policy should not ignore; such as the offender andhis age, and antecedents, the offence and its circumstances (extenuating or otherwise), the need for deterrence
and the likelihood of reform and rehabilitation.10 These decisions paved way for judges to use their discretionand suspend a sentence even for an offence which carries a mandatory minimum sentence under a statue.
This non-custodial measure provided by the legislature has no provisions of monitoring and supervising
the offender. Although suspending a sentence avoids institutionalizing an offender, there is no provisions forsupervision and to provide assistance psychologically and socially to be reintegrated into society in a way
which minimizes the likelihood if returning to crime.
C. Community-based Corrections
Community-Based Correction Act No 46 of 1999 [hereinafter referred to as CBC Act] lays down legal
provisions, alternative to imprisonment. A magistrate can issue an unpaid community service order for an
offender instead of a fine or instead of imprisonment which is less than 2 years, taking into account thenature of the offence and the character of the offender. If used well, this legislation could substantively
address core issues affecting the prison system, such as overcrowding and rehabilitation. Community work
corrections, special rehabilitation [programme] for drug offenders and work under trained supervisors are
the ways in which this system works, and since these programmes are not residential offenders may
participate in the activities while staying in the community.
Even though the CBC Act does not provide for regular monitoring of the offenders, the correctional
officers recruited by the department of CBC, tasked with undertaking monthly visits to persons who havebeen ordered to have their progress checked by CBC. Following each visit, they prepare a report, which isthen forwarded every month to the senior correctional officer of the area where the offender resides, whothen forwards it to the commissioner of the department of CBC. The monitoring of persons on CBC, however,is not undertaken as regularly or effectively as required due to severe shortage of staff. The implementationand monitoring of CBC require employing a variety of nuanced approaches. This requires the CBC officers
to be trained in best practices, which requires considerable allocation of resources. Lack of financial resources
and human resources to provide adequate vocational training programmes to offenders and monitor offenders
is a huge setback in implementing the provisions of the said act.
Section 14 of the CBC Act does not provide the offender with an alternative non-custodial measure;instead, the offender is made to pay a fine and is imprisoned for the breach of the non-custodial measure. The
offender’s consent is required to issue a community-based correction order. Due to what appears to be theinherent bias of the different actors in the criminal justice system and lack of awareness about this law,offenders are not given CBC; hence offenders are ordered to pay a fine. This alternative punishment issanctioned as an alternative to paying a fine. It invariably means for those who cannot pay it and a perfectsolution for the offenders who are from very underprivileged backgrounds. The prison statistics illustratethat the majority (95%) of convicted prisoners were sent to prison for sentences of less than two years, while
9
10

Articles 4(c), 11 and 12(1) of the Sri Lankan Constitution.
SC Appeal No 17/2013 [decided on 12.3.2015].

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RESOURCE MATERIAL SERIES No. 114
70 per cent of convicted prisoners in 201911 were in prison for non-payment of fines,12 which highlights thisexisting non-custodial option is not widely utilized in Sri Lanka. In 2017 the Judicial Service Commission, at
the request of the Department of CBC, issued a circular to all Magistrate Courts, instructing magistrates toensure the implementation of the CBC Act.13 Offenders incarcerated for non-payment of fines even with
provisions like Section 291(4) of the Code of Criminal Procedure, which grants courts the discretion to allow
an offender to pay the fine in instalments over a period of time, is alarming and an indication of implementationof these provisions are scarce.
The CBC orders should be realistic, precise and achievable.  One set back is that there are no guidelines
and criteria to assist Magistrates in devising Community Based Correction orders to ensure conditions
stipulated for non-custodial measures that are not so stringent for offenders that they fail and result inincarceration. It is important to increase awareness on Community Based Corrections Act and its importantrole in rehabilitation and restoration in order to reach communities and legal fraternity which will enableoffenders to fully understand how Community Based Corrections Act is different from imprisonment.
D. Conditional Discharge
This is one of the non-custodial measures implemented and under section 306 of the Code of Criminal
Procedure where the Court can "discharge conditionally" an offender on executing a bond, to be of good
behaviour, after taking into consideration the character, age, health, or mental condition of the person
charged, or the extenuating circumstances under which the offence was committed in lieu of convicting theoffender. This provision can be used to discharge an offender after an admonition as the Court shall seem fit
without entering a conviction and is even available for indicatable offences. In addition to a conditional
discharge, Court can order the offender to pay compensation to the affected person under section 17[4] of theCode of Criminal Procedure and order state cost. This provision however is seldom used.
E. Probation
Probation, as a non-custodial measure is provided in the Probation of Offenders Ordinance14 No 42 of 1944,
which was last amended in 1948. The Department of Probation and Child Care Services, which is within thepurview of the Ministry of Women and Child Affairs, is assigned the responsibility of overseeing the probation
system. Unlike the CBC Act, the POO does not provide a threshold to decide to whom probation should beawarded, and it is decided on a case-by-case basis. Any convicted person can be released on "probation" inan appropriate case for a period of not less than one year and not more than three years. A court can issue
a probation order after taking into account circumstances of the case, the nature of the offence, gender andcondition of the offender and if it appears that probation is more suitable in lieu of sentencing. The POO
makes provisions for when the probation order may be modified or cancelled and also stipulates theconsequences of non-compliance with the probation order. The POO provides the offender another means
through which to continue his/her probation in the event of non-compliance, instead of automatic imprisonment.
This ordinance has provisions to engage the community by recruiting volunteer probation officers by the
Minister. The Probation Department in Sri Lanka does not handle the probation of adult offenders and is onlyused for juveniles, which is a setback. Establishing a separate national entity to implement probation for
adult offenders and monitor their adherence to the conditions of their probation and communicating to
judicial officers and legal practitioners, the possible use of the Probation of Offenders Ordinance as analternative to imprisonment is very important.
F. Mediation
Mediation Boards Act No 72 of 1998 provides people an opportunity to follow a less cost-effective
mechanism to settle their minor disputes with the agreement of the parties to the dispute. Mediation Boards
are empowered to resolve disputes. Within the Sri Lankan system there are both mandatory and voluntary
mediation. Certain criminal offences are legally required to go to mediation prior to initiating proceedings incourt. The panel of mediators, usually three, all respected figures from the village, are moral authorities. The
mediator encourages the parties toward negotiation, improving communication and helping them to consider
11
For the purpose of this study 2020 statistics are not considered. This is due to the fact that the Courts in Sri Lanka was
not properly functioning due to the pandemic.
12
Pages 47, 78 of Vol 39, Year 2020, Prison Statistics of Sri Lanka 2020, Statistics Division Prison [Headquarters], Sri Lanka.
13
Judicial Service Commission, Circular JSC/SEC/CIR/2017.
14
Hereinafter referred to as “POO”.

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PARTICIPANTS’ PAPERS
options and to assess alternatives to bring a closure to a criminal dispute. By attempting to resolve a highpercentage of minor criminal disputes, mediation reduces the number of cases being filed in courts, andpresumably plays a part in relieving case backlogs. Mediation improves social harmony and local dynamics
by introducing a method of problem solving that seeks out mutually agreeable solutions focused more on
restitution than punishment. Offenders are not incarcerated for minor criminal offences that are sent for
mandatory mediation [if settled] and are not even charged, which helps them to have a clean record.

IV. CONCLUSION
The hope of the world lies in the rehabilitation of the living human being, not just the body but also thesoul. Our country cannot lose its eligible work force to the criminal world.  It is the goal of this study toprovide a starting point for collaborative dialogue between practitioners, policy advocates and scholars whoare eager to consider the viability of alternative forms of justice in sentencing in Sri Lanka. Non-custodial
measures when used well could substantively address core issues affecting the prison system, such as
overcrowding and rehabilitation. It is however important to re-evaluate non-custodial measures regularly
and innovate according to changing socio-economic conditions.

91BEYOND THE HALFWAY HOUSE:TOGETHER, WE CREATE CHANCE
Disaya Meepien*

I. INTRODUCTION
Juvenile offenders are one of the most vulnerable populations as they are at a young age and in conflictwith the law. There were attempts to develop legislation, guidelines, procedures and services for juveniles
in the criminal justice system, as well as treatments and prevention methods for juvenile delinquents for the
purpose of reducing the number of juvenile delinquents continuously from time to time.1 According to theUnited Nations, youth were quite disproportionately represented in statistics on crime and violence, both as
victims and as perpetrators. Although in developed countries, such the USA, rates of juvenile delinquents,
like crime rates in general, have been dropping for several years in a row, the number of violent crimes
committed by youth had been increasing. It was also found in some countries, the proportion of violent
crimes committed by youths had been increasing and violent crimes were committed at younger ages thanin the past.
In Thailand, the number of juvenile offender cases decreased in recent years, from 30,361 cases in 2016,
26,089 cases in 2017, 22,609 cases in 2018 and 17,874 cases in 2020.2 However, the number of juvenile offenders
in total was a substantially small amount compared to the juvenile population in Thailand, and this number
did not directly reflect problem behaviour in youths. It could also be inferred that a majority of these crimes
were related to drugs or drug abuse as well as crimes in most countries. The proportion of drug abuse
offences is the largest among other offences when considering the proportion between each offence.
Table A: The number of juvenile offender cases in Thailand from 2016-2020
Offence
Property
Life and Body
sexuality
liberty and reputation
Drugs
Weapon and explosive
OthersTOTAL

Year 2016
5,961
4,158
1,412
883
12,4002,262
3,285
30,361

Year 2017
4,655
3,106
1,314
702
11,8691,527
2,916
26,089Year 2018
3,782
2,157
1,038
566
11,352
1,119
2,595
22,609Year 2019
2,948
2,175
922
517
10,634951
2,694
20,841

Year 2020
1,788
1,508
698
369
8,746
671
4,094
17,874

II. CURRENT TREATMENT AND REHABILITATIONThe Department of Juvenile Observation and Protection (DJOP), governed by the Ministry of Justice ofThailand, is the major agency responsible for juvenile delinquents who enter the juvenile justice system. In*
Acting Director of Research and Development Institute, Department of Juvenile Observation and Protection, Ministry ofJustice of Thailand.
1
United Nations (2016). United Nations fact sheet on youth. Retrieved July 10, 2016, from http://www.un.org/esa/socdev/
unyin/documents/wyr11/FactSheetonYouthandJuvenileJustice.pdf
2Department of Juvenile Observation and Protection (DJOP) (2021). Annual Report 2021: Case Statistics. Bangkok: Author.

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RESOURCE MATERIAL SERIES No. 114
compliance with The Juvenile and Family Court and Procedures Act B.E. 2553 (2010),3 the DJOP provides
services for juvenile delinquents both before and after the court sentences. In relation to this, there are 77
juvenile observation and protection centres and 21 juvenile training centres across Thailand. Juvenile
Observation and Protection Centres will provide juvenile offenders who have not reached the verdict with
Risk and Need Assessment, psychological assessment, counselling, drug treatments and physical treatment,
as well as provide report and individual treatment plans for the court, while Juvenile Training Centres will
provide juveniles who are sentenced to training centre with education, vocational training, rehabilitation,
behaviour modification, drug treatment as well as after release follow-up and related services. For the
purpose of improving its potential and effectiveness in reducing juvenile delinquency and recidivism rates,
the DJOP has developed, reformed, implemented many treatment and rehabilitation methods for juvenile
offenders, as well as raising the use of alternative measures (restorative justice) in certain cases. Additionally,
the DJOP has been working in collaboration with other agencies such as Ministry of Education, Ministry ofSocial Development and Human Security, Office of the Narcotics Controls Board and the Office of Justice
Affairs to promote the rule of law, knowledge and prevention of drug abuse, violence, corruption and crimefor school students and risk groups of youth in community.
The concern for youths was not only the number of crimes committed by juveniles, but also the amountof recidivism that reflected the effectiveness of treatments and rehabilitations provided for those juvenile
offenders. As recorded by the Department of Juvenile Observation and Protection, the recidivism rate (oneyear after release) raised from 13.57 per cent in 2009 to 20.37 per cent in 2013 and continuously raised to22.49 per cent in 2021. Moreover, the recidivism rate at three years after release had reached 45.24 per centof those released in year 2015, 43.12 per cent for those released in year 2016, 44.49 per cent for those releasedin year 2017 and 41.02 per cent for those released in year 2018.4
Table B: Percentage of juvenile reoffending (First year after release) of juveniles released
from ordinary juvenile training centres from 2016-2020
Offence
Property
Life and Body
Sexuality
Liberty and reputation
Drugs
Weapon and explosive
OthersTOTAL

Year 2016
15.68
4.56
1.06
0.95
68.75
5.08
3.92
100.00Year 2017
12.3
4.29
1.24
0.56
72.23
4.4
4.97
100.00Year 2018
10.79
2.89
0.66
0.26
77.24
3.42
4.74
100.00Year 2019
8.06
2.97
0.14
0.28
80.2
3.39
4.95
100.00Year 2020
6.33
2.28
0.18
0.18
82.95
1.76
6.33
100.00

Table C: Percentage of juvenile reoffending (one-three years after release) of juveniles released
from ordinary juvenile training centres from 2015-20195
Year after release
One year
Two years
Three years

Year 2015
22.73
35.69
45.24

Year 2016
22.14
34.34
43.12

Year 2017
23.37
36.99
44.49

Year 2019
23.77
38.04
41.02

Year 2019
25.39
30.44
-

When recidivism rates kept rising, it could be inferred that current treatments or services provided foroffenders may lack management to meet offenders’ risks and needs as well as an effectiveness in reducing
reoffending. Of the rising rate of recidivism, 80 per cent of reoffending juveniles are drug cases and another10 per cent are burglary and robbery. This suggests that income and well-being of released juvenile offenders
are of critical concern, and the DJOP’s challenge is the improvement of effectiveness in the pre-release andreintegration process.
3

Office of the Council of The State. (2010). The Act of Juvenile and Family Court and Procedure for Juvenile and Family
Cases B.E.2553. Bangkok: Author. http://web.krisdika.go.th/data/document/ext825/825511_0001.pdf
4Department of Juvenile Observation and Protection (DJOP) (2021). Annual Report 2021: Case Statistics. Bangkok: Author.
5
Ibid.

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PARTICIPANTS’ PAPERS

III. DEVELOPING AND IMPLEMENTING THE NEW REINTEGRATION MODEL
To increase the effectiveness of the pre-release and reintegration process, the DJOP considered how toincrease well-being and job placement of juvenile offenders after release. There are a variety challenges injuvenile offender reintegration into the community. Researchers suggest imprisonment tends to increase
disconnection from the community.6 Juvenile offenders commonly lack social skills, self-determination, selfconfidence and empowerment. Also, the juvenile offender’s family and community appear to be lessunderstanding, less engaging and less supportive, which leads to juvenile adjustment difficulty in the transition
period. In addition, employment opportunity and placement did not correspond with their skills, talents orpreferences, which resulted in subsequent employment termination or resignation.7
Table D: Percentage of juvenile reoffending (one-three years after release) of juveniles released
from Baan Kanchanaphisek training centre from 2016-2020
Year after release
One year
Two years
Three years

Year 2016
6.9
20.69
24.14

Year 2017
10.53
15.79
15.79

Year 2018
6.25
18.75
25

Year 2019
10.26
10.26
15.38

Year 2020
4.55
9.09

Table E: Percentage of juvenile reoffending (one-three years after release) of juveniles
with restorative justice from 2018-2020
Year after release
One year
Two years
Three years

Year 2018
5.2
11.01
16.82

Year 2019
6.7
11.17

Year 2020
3.6

By analysing the in-depth statistics and practices in the juvenile justice system, it has been found that
Baan Kanchanaphisek training centre, which focuses more on empowering, life skills training, less secure
confinement and more self-control for juvenile offenders, as well as restorative justice, results in a preferable
rate of recidivism. At Baan Kanchanaphisek training centre, juvenile offenders are empowered through avariety of activities, and parents are required to participate in almost activity throughout the rehabilitation
period. A method of less secure confinement is implemented to enhance self-control and the social skills of
the juvenile offenders, as well as aggregating acceptance and engagement from the community. Similarly,
restorative justice measures that provide juvenile offenders with an opportunity to rehabilitate themselvesin community, together with the engagement of family. Both measures result in better reconnecting with thecommunity, self-empowerment and a lower recidivism rate.
The DJOP, therefore, developed the new model to increase the chance of new life of juvenile offenders bybringing back the method of halfway houses, which merges juvenile offenders from training centred into thecommunity while increasing the participation of private-sector organizations and the community, as well as
using scientific assessment to guarantee juvenile self-control. The new model of pre-release and reintegration
was designed to be implemented for pre-release juveniles in juvenile training centres.
The Model is divided into three periods: preparation, training and post-training. In the preparation period,
juveniles who will be released in 6 months will have their behaviour, attitude, and readiness to enter the 3months training programme assessed by both the DJOP (multi-disciplinary team) and the private sector
organization that conducts the training. During the preparation period, the juveniles will attend the orientation
which includes an empowerment session, family orientation and hair test for drug abuse assessment. The
following training period will last three months. During the three months, juveniles will live on their own
6Smith, Charisa Kiyô, Nothing About Us Without Us! the Failure of the Modern Juvenile Justice System and a Call for
Community-Based Justice (March 23, 2013). Journal of Applied Research on Children: Informing.
7
Nally, John M., et al. "Post-release recidivism and employment among different types of released offenders: A 5-year followup study in the United States." International Journal of Criminal Justice Sciences 9.1 (2014): 16.

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RESOURCE MATERIAL SERIES No. 114
Figure A: new model of pre-release and reintegration

with training peers. They must travel to the training venues and the work office on their own. They willlearn to manage their daily lives by themselves. A post-training evaluation will be made by the private-sector
organization that conducts the training and the mentor. The drug test is conducted by hair analysis and isconducted once again during this period. If the juveniles perform very well, the private sector will consider
offering them a secure job and provide them with a certificate of training to fill in the juvenile’s profile. The
DJOP also reports its evaluation to the court to consider an early release for the juveniles.
The pilot group was a small number of five juvenile offenders in a juvenile training centre in Bangkok andits vicinity from August to October 2021 (12 weeks). With the training course in Barista and Bakery offeredby Bellinee’s Bake and Brew Company which is the top-tier company and professional in Bakery and Café
arena, the juveniles had the opportunity to learn to make beverages and baked goods, and the skills tocommunicate with customers, marketing and the management of a café. The result showed that juveniles in
the pilot project were significantly empowered and gained more confidence, they were responsible andmotivated to carry on a career after release, the participation of family has the best result in psychologicalsupport throughout the training and working period, and the most important thing is that they felt embraced
as a part of the community and believe they can do better than commit crimes.
The DJOP is currently conducting the second and third juvenile groups with some modification inassigning clinical psychologists and social workers as mentors for each juvenile. The mentor will monitor,
evaluate and help juveniles to overcome obstacles by counselling and paying regular visits. Juveniles, mentors
and training supervisors have to evaluate emotions, stress, difficulty and performance weekly. Also, themodel has added an orientation and extra sessions (within the training period) which concentrate on social
skills development, cognitive skills development and self-empowerment for the juveniles and family. In
addition, activities during the 12-week training period will be accumulated in a credit scoring system which
can be redeemed for rewards at the end of the training.

IV. CONCLUSION
The development of the new model in pre-release and reintegration is beyond the traditional halfway
house system which used to offer a solitary house for released juveniles until they could find their own place.
The current model increased the chance to live a stable life after release, as well as the engagement of family
that builds understanding and acceptance. Additionally, innovation in drug hair analysis in the juvenile
monitoring system had the benefits of increasing juvenile self-control and awareness, and assuring juvenile
behaviours to the family and community. Currently, the model is considering the best practice in cooperation
among stakeholders, public agencies, private agencies, society and family, which complies with the DJOP’s
objective in reducing recidivism, and shall contribute to the guidelines, standards, regulations, structure andelements of private facilities established by the department in the near future.

96

REPORT OF THE SEMINAR
The 177th International Senior Seminar (Online)“Preventing Reoffending through a Multi-stakeholder Approach”

1. Duration and Participants• From 12 January to 3 February 2022
• 19 overseas participants from 12 jurisdictions
2. Programme Overview
As stipulated in the Kyoto Declaration, preventing reoffending through a multi-stakeholder approach isan important theme in the criminal justice field internationally. This seminar aims to promote these efforts
in participating countries, by sharing experiences and discussing (i) case disposition and penalties with due
regard to rehabilitative perspectives and (ii) tailoring intervention, treatment and support to individual needs
by effectively incorporating inter-agency cooperation and public-private partnerships. This programme was
exclusively conducted online due to the Covid-19 pandemic.
3. The Content of the Programme(1) Lectures and other presentations
The participants were from a wide range of time zones, including Asia, Africa and Latin America, andthey needed to continue their professional and family duties during the seminar. Therefore, all lectures
were recorded in advance and broadcast on-demand in order to allow participants to view lectures attheir convenience. After watching the on-demand lectures, participants were required to submit questions
or comments via an online learning management system, and their questions were answered in Q&A live
sessions with the respective lecturers. This way, we tried to ensure both convenience and interactivity
in lectures.
The lectures were firstly delivered by UNAFEI professors on the criminal justice system in Japan, as
well as on specific topics relating to this seminar such as promoting measures for reducing reoffending,non-custodial sentences, assessment and re-entry support. After that, the specialist lectures and ad hoc
lecturers were delivered, followed by Q&A sessions. Furthermore, as a special session, eight Japanesevolunteer probation officers were invited to share their experience as community volunteers.
••

Specialist Lecturer- Dr. Will Hughes
Senior Lecturer in Criminology
London Metropolitan University, United Kingdom“Community sentences for rehabilitation of offenders and preventing reoffending”“Multi-stakeholder approaches for effective supervision and support of offenders”--

Ad Hoc Lecturers
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”
Mr. SUZUKI Takayuki
Specialist
Correction Bureau, Ministry of Justiceand-

Mr. TOMIZAWA Satoshi
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Official
Correction Bureau, Ministry of Justice“Public-Private Partnership in Employment Support”(2) Group Workshops
Participants were divided into four groups considering their time zones, Individual Presentations
topics and professional backgrounds.
 Individual Presentations
Participants shared the practices and the challenges in their respective countries regarding thetheme of the seminar through their individual presentations. All the presentations were recorded
and uploaded online so that participants in other groups could watch them afterwards.
 Discussions
Built on the knowledge gained through lectures and individual presentations, the participants
engaged in live discussions to explore more about the theme of the seminar. The subtopics discussed
were: (i) Imposition of penalties and case dispositions with due regard to rehabilitative perspectives
and (ii) Interventions, treatment and support tailored to offenders’ individual needs, with sufficientconsideration of a multi-stakeholder approach. Participants shared challenges and good practices intheir respective countries with group members, and discussed the root causes and necessary
actions for common challenges.
Below is an overview of the discussions:98•

Imposition of penalties and case dispositions with due regard to rehabilitative perspectives
Although it is necessary to ensure due process and proportionality in imposing penalties andcase dispositions, the participants reaffirmed the importance of effective use of non-custodial
measures as far as possible since they can avoid the negative impact of imprisonment on
rehabilitation of offenders and facilitate their social reintegration. They shared the legal basis
for non-custodial measures, including the applicable options, criteria, discretionary power given
to judges, prosecutors etc. It was reported that the existence of laws that provide non-custodial
options does not necessarily mean they are fully used in practice. Many factors that would affectthe active use of non-custodial measures were discussed, such as the necessity of sentencing
guidelines, appropriate assessment required for appropriate use of non-custodial measures, theauthority to implement non-custodial sentences in the community and collaboration with
community partners who can support offenders. It was also noted that efforts should be madefor providing adequate capacity-building and promoting understanding for rehabilitation of
offenders among judiciary and law enforcement officers.

•

Interventions, treatment and support tailored to offenders’ individual needs
To make interventions, treatment and support for offenders most effective, participants
recognized the importance of assessment throughout the criminal justice process to identify theindividual needs of offenders. Various socio-economic factors relating to crime, such as poverty,
isolation, association with gangs and other forms of organized crime, etc. were considered.
Participants stressed the importance of support for employment, education and various support
in collaboration with stakeholders to reintegrate offenders into the community, but various
challenges which hamper rehabilitation and social reintegration of offenders were also discussed.
In prisons, for example, overcrowding was indicated as a significant factor that impedes
rehabilitative environments that would facilitate offender treatment, while in the community,lack of monitoring or supporting systems for released offenders, as well as resources to fulfil
them, were discussed. Furthermore, many participants regarded the issue of general perceptionsof offenders as critically important, since prevailing punitive attitudes would make it difficult toengage various stakeholders in supporting offender rehabilitation. Therefore, government
initiatives not only for promoting inter-agency coordination and community engagement insupporting offender rehabilitation but also for raising awareness for importance of offender
rehabilitation were emphasized.

REPORT OF THE COURSE
4. Feedback from the Participants
At the end of the seminar, we invited feedback from all participants. They said that, even thoughconducted online, they learned a lot from lectures and group discussions, and many of them indicated thatthe seminar served as an opportunity to reaffirm the importance of incorporating rehabilitative perspectives
and multi-stakeholder approaches in their respective professional areas. They also indicated that, if it wereconducted in person, they would learn more about the Japanese system and practice by visiting relevant
institutions in Japan.
5. Comments from the Programming Officer
This seminar discussed the theme of preventing reoffending. In order to reduce reoffending, a wide range
of individual and social factors which would induce or deter crime should be addressed. It cannot be achieved
only by efforts of penal institutions. It requires active involvement of relevant agencies with various expertise,
as well as various community resources.
In order to ensure that the “multi-stakeholder approach” is not just empty words, key persons are
required to make a difference in their systems and practices. The participants in this seminar fully understoodthe concept of the theme and were highly motivated to learn from the experiences of other countries andlectures. They showed great discernment in analysing their current systems and practices, and theyrecognized the need to review their systems and practices from the viewpoint of offender rehabilitation, with
due attention to society and human rights. I believe such sincere attitudes towards learning stimulated their
discussions, and I learned a lot from the participants.
The International Senior Seminar invites high-ranked policymakers and practitioners, and it provides
them with a great opportunity to learn deeply about important themes in criminal justice. I hope that theknowledge, thoughts and new perspectives on reducing reoffending gained in this 177th seminar will be
gradually disseminated to various stakeholders in their respective countries, leading toward a global society
in which “no one will be left behind” as envisaged in the SDGs.

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Group Workshop Reports
Group A
Presentation title: Diversion and Rehabilitation of Vulnerable Populations
Chairperson
Co-Chairperson
Rapporteur
Members
Advisers

Ms. Noor Haslinda Binti CHE SEMAN
Ms. Artitaya RAWEEPRAYURABUT
Ms. Gina Maria LAMARCHE LEONARDO
Mr. Hugo Antonio GONZALEZ GODINEZ
Ms. Vilaysinh DAINHANSA
Prof. OTSUKA Takeaki
Prof. WATANABE Machiko(Malaysia)(Thailand)(Dominican Republic)(Guatemala)(Lao PDR)(UNAFEI)(UNAFEI)

Summary
Group A presented on 1) implementation of alternative sentencing for offenders and 2) rehabilitation forvulnerable populations.
Regarding the implementation of alternative sentencing for offenders, legislative reforms are necessary
to introduce and widen the scope of alternatives to imprisonment. Likewise, organizational design andmanagement processes must be established to implement non-custodial measures. Furthermore, efforts
should be made to develop training curricula for judges, magistrates, prosecutors, police, probation staff andothers involved in the administration of alternative sanctions and measures. Implementation requires
supervision of and support for offenders to ensure that they observe all the conditions of the alternative
sentence and are rehabilitated in the community.
Regarding rehabilitation for vulnerable populations, special attention should be paid to certain kinds ofoffenders, such as young offenders, disabled offenders, female offenders, etc. Bearing in mind the specificneeds of these offenders, adequate assessment should be conducted to help identify the unique treatment
needs of each offender. In the programme, providing vocational training for career skills that are requiredby the labour market is significant. In addition, providing programmes involving sports, art and music could
be beneficial. The infrastructure for these programmes must be provided in cooperation with government
and non-governmental organizations.
To make progress on the above-mentioned efforts, implementation of awareness-raising campaigns forthe general public is necessary to overcome negative perceptions towards released offenders.

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Group B
Presentation title: Preventing Reoffending through a Multi-stakeholder
Approach
Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteur
MemberAdvisers

Ms. Disaya MEEPIEN
Ms. Hada Lucia HURTADO LUARTE
Mr. Afzainizam Bin ABDUL AZIZ
Ms. Riza Soriano ARDEPOLLA
Ms. My Hanh Thi PHAN
Prof. MIYAGAWA TsuburaProf. OKUDA Yoshinori(Thailand)(Guatemala)(Malaysia)(Philippines)(Viet Nam)
(UNAFEI)(UNAFEI)

Summary
Group B presented on 1) issues of recruiting from gangs, 2) prevention of reoffending, c) non-custodial
measures and d) sustainability of programmes.
Association with gangs is an issue commonly seen in many countries and closely related to criminal
conduct among young offenders. Gangs are formed mostly in areas of extreme poverty, and members arerecruited from the time they are very young by being offered things that their family cannot afford. To
prevent recruiting from gangs, it is important that government programmes ensure full access to public
education for children, as well as employment support allowing families to have stable lives.
Regarding prevention of reoffending, identifying the cause of offending is essential for thinking of asuitable approach. Appropriate treatment plans for inmates should be prepared based on adequate assessment.
In addition, government should inform the public about the consequences of offending, conditions in prison
and treatment provided for inmates.
Regarding non-custodial measures, law and policy must be reviewed by criminal justice agencies in viewof prioritizing non-custodial measures with a rehabilitative perspective to reduce reoffending. To promoterehabilitation in the community instead of imprisonment, all law enforcement agencies must work together
with relevant agencies providing rehabilitation services in the community, and feedback on services shouldbe periodically given to improve them.
Regarding the sustainability of programmes, lack of financial resources severely affects the continuity of
programmes. Collaboration with non-governmental organizations, continuous awareness raising about the
programmes, periodic consultations with stakeholders and capacity-building for service providers are also
important.

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Group C
Presentation title: Multi-stakeholder Approaches for Effective Supervision andSupport of Offenders
Chairperson
Rapporteur
Co-Rapporteur
MemberAdvisers

Ms. Nayomi Thamara WICKRAMASEKERA
Ms. Fathimath Naheeda THOHIR
Mr. Fidelis Obi AJUKURA
Mr. Hemal Prashantha DEMATAHERA GAMAGE
Prof. OTSUKA Takeaki
Prof. HOSOKAWA Hidehito(Sri Lanka)(Maldives)(Nigeria)(Sri Lanka)(UNAFEI)(UNAFEI)

Summary
Group C presented on 1) overcrowding of prisons, 2) rehabilitation of offenders and 3) stigmatization.
Overcrowding prevents prisons from providing rehabilitative environments for prisoners and is, among
other reasons, caused by delays in the investigatory and judicial processes and by the failure to makeadequate use of non-custodial measures. It is necessary to review and evaluate sentencing laws and sentencing
practices and to assess the impact and cost of available options. To make use of non-custodial measures, it isnecessary to empower a specialized organization to supervise and monitor offenders with the help ofgovernmental and non-governmental stakeholders.
Regarding rehabilitation of offenders, international standards and norms relating to treatment of offenders
should be observed. Instead of simply committing people to prison, mechanisms to facilitate rehabilitation of
offenders should be developed and sufficiently resourced by the government. Rehabilitation programmes for
prisoners should provide structured education and vocational training programmes that fulfil the needs ofthe labour market. For effective supervision and support of offenders, a multi-stakeholder approach should
be adopted. This approach should consider the use of community volunteers to observe and guide released
offenders, such as the volunteer probation officer system in Japan.
Regarding stigmatization, the label of ex-convict prevents offenders from successful social reintegration.
Criminal records are obstacles to employment, which leads to an increased risk of reoffending. Further
efforts should be made to mitigate the negative impact of stigmatization.

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Group D
Presentation title: Challenges in Preventing Recidivism
Chairperson
Rapporteur
Members
Advisers

Mr. Thusara Ruwan Kumara MUDALI THENANNAHELAGE
Ms. Mariyam FEZLEEN
Mr. Namik HASANOVMr. Ramakamalan VINAYAGAMOORTHY
Prof. MIYAGAWA TsuburaProf. YAMANA Rompei(Sri Lanka)(Maldives)(Azerbaijan)(Sri Lanka)(UNAFEI)(UNAFEI)

Summary
Group D presented on assessment of and support for offenders to reduce reoffending. A considerable
number of offenders commit crimes due to poverty, drug addiction, neighbourhood affiliations etc. Therefore,
to promote rehabilitation, each offender needs to be properly assessed to identify the circumstances underwhich the offence was committed. Offenders can be assessed and supported at any stage of the criminal
justice system. At the investigation stage, information on available services and how to access them can beprovided to offenders by investigating officers. At the prosecution stage, prosecutors can refer offenders toservice providers, such as psychologists, rehabilitation volunteers, and religious or community resources. At
the trial stage, judges should be made aware of the benefit of non-custodial sentences and the drawbacks of
the wide use of custodial sentences. In addition, assessment reports of offenders are valuable to identify
which cases would be suitable for imposition of non-custodial sentences.
In prisons, offenders need to be identified and categorized according to their abilities and skills and need
to be provided with training to gain skills in collaboration with vocational schools and colleges throughgovernmental or non-governmental sponsorship. Programmes for offenders can be implemented on a small
scale as a pilot project and expanded slowly with careful monitoring of progress.
Effective post-release support is also essential to reduce the risk of reoffending. Therefore, a body toadminister a monitoring system for people released early from prisons is required. Preparation for re-entry
prior to release and adequate monitoring after release with a clear plan to settle into life outside prison isrequired. In providing such support, civilian partnerships play key roles.

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PART TWORESOURCE MATERIAL SERIES
No. 114Work Product of the First International Training
Course on Building Inclusive Societies

UNAFEIVISITING EXPERT’S PAPER
INTERNATIONAL VICTIMOLOGY:YESTERDAY, TODAY AND TOMORROWJohn P. J. Dussich*I. VICTIMOLOGY IN HISTORICAL PERSPECTIVE
A. Legal and Linguistic Roots
The earliest complete legal code comes from King Ur-Nammu of the ancient civilization of Sumer insouthern Mesopotamia dated in the Third Dynasty of Ur 2050 BCE. Its significance to victimology is thepresence of compensation to victims throughout this legal code (Kramer 1988). Some three centuries later
King Hammurabi of Babylonia created his well-known code which also contained compensation and restitution
for victims as part of his 252 legal rules (Horne 1915). The expression “an eye for an eye and a tooth for atooth” epitomizes the form of restitution used by Hammurabi’s Code.
Many modern countries have religious and legal roots related to the Abrahamic religious teachings of the
Mosaic Codes which started with the Ten Commandments from the Hebrew God to the prophet Moses tothe Israelites in circa 1400 BCE influencing Sharia (Islamic) Law, Old Testament (Christian) Law and Halakhah(Hebrew) Law. A form of replacement restitution to the victims by their offenders was a common theme in
the Mosaic Codes (Doe 2018).
Some thousand years later the Twelve Tables became the legal foundation of Roman law in 451 BC. Theselaws were used throughout the Roman Empire and significantly impacted the development of the legal
systems that emerged in the many nations that formed well after the Roman Empire fell. Of special note inthese laws was the role of victim restitution, not only during the Roman rule, but also among the nations that
followed (Domingo 2018).
About 1,000 years later Justinian I Byzantine Emperor of the Eastern Roman Empire promulgated his
legal codes in 529 AD called Corpus Juris Civilis. While these laws were not new, they did represent greatly
revised legislation that reflected reformed legal practices of their times. The roles of victims were delineatedthroughout these Codes; however, in some cases, victims were held responsible for their own victimizations;in other instances, restitution was available (Radding and Ciaralli 2007).
Some 700 years later the Magna Carta Libertatum (Great Charter of Freedoms), the book of King John ofEngland and Archbishop Stephen Langton (who wrote the first draft) was a charter of rights forced upon
the king by his barons in 1215. The significance of this document is that it represents an historical symbol
against the abusive oppression of the common folk by the ruling class. It established the foundations forcommon law and due process procedures, significant aspects of Anglo-Saxon Law and later Anglo-American
Law, both of which eventually had significant influence in emerging nations throughout the modern world(Arif 2015). It is interesting that, “the position of the crime victim or separate rights of the victim are notmentioned in [the] Magna Carta” (Arif 2015:48). However, it must be noted that although the concept of abuse* Professor Emeritus, California State University, Fresno, California, United States of America. I wish to dedicate this article
to Irene Melup a significant victim rights facilitator and contributor who was a friend to the WSV at the UN. She worked
at the UN in New York at the Crime Prevention and Criminal Justice Branch. The WSV honoured her with its highest
accolade, the Hans von Hentig Award in 1994. She was dynamic and ardent about victim issues and brought many key
persons together and motivated them and gave them information and explanations as to how the WSV might succeed invarious UN deliberations over the past years. We spent many hours together in person and on the telephone trying to findstrategies to get the proposed Victim Convention approved. She passed away on August 14, 2016. Her insights, passion andenergy were legendary. Victimologists around the world will remember her with great respect, deep affection, and fondmemories.

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of power came into being much later, its roots are clearly embodied within the intent, values, and content of
this historic document.
The modern English word “victim” has its roots in many ancient languages that covered a great distancefrom north-western Europe to the southern tip of Asia and yet had a similar linguistic pattern: victima in
Latin; víh, wéoh, wíg in Old European; wíh, wíhi in Old High German; vé in Old Norse; weihs in Gothic; and,vinak ti in Sanskrit (Webster’s 1971). As an academic term victimology contains two elements: The first is
the Latin word “Victima” which translates into the English word “victim.” The second is the Greek word
“logos” which means a system of knowledge, the direction of something abstract, teaching, science, and adiscipline.
Although writings about the victim appeared in many early works by such criminologists as Beccaria(1764), Lombroso (1876), Ferri (1892), Garófalo (1885), Sutherland (1924), von Hentig (1948), Nagel (1949),
Ellenberger (1955), Wolfgang (1958) and Schafer (1968), the concept of a science to study victims and the word
“victimology” had its origin with the early writings of Beniamin Mendelsohn, a Romanian prosecutor (1937;1947), these first writings led to his seminal work where he actually proposed the term “victimology” in his
article “A New Branch of Bio-Psycho-Social Science, Victimology” (1956). It was in his 1969 article that hesuggested the establishment of societies, clinics, institutes, and journals of General Victimology (1976: 22).
Two international societies came to fruition with the creation of the World Society of Victimology in Münster,Germany, in 1979 which is still active today; and, with the World Congress of Victimology in Arlington,
Virginia, USA, in 1980 which is no longer active. Many countries also have victimology societies, some which
are still active today and some not.   Instead of calling them “clinics” as Mendelsohn envisioned, victim
treatment centres evolved to over a thousand programmes called victim assistance, victim advocate, or
victim support centres worldwide. The establishment of several victimological research institutes were also
realized with one in Tokyo, Japan, at the Keio University by Koichi Miyazawa active from 1968 to 1992; one
in Sarajevo, Bosnia i Herzegovina, called The Institute of Victimology in Sarajevo initiated in 1997 by me andGerd F. Kirchhoff (Dussich 1997); another called the Tokiwa International Victimology Institute (TIVI) in
2003 started with Hidemichi Morosawa and myself; and, one in the Netherlands, called the International
Victimology Institute Tilburg (INTERVIC) in 2006 by Marc Groenhuijsen. The establishment of seveninternational journals also came to pass with the first in the USA, Victimology: An International Journal,
started and edited by Emilio Viano, in 1976; one in England, The International Review of Victimology, started
and edited by John Freeman and Leslie Sebba in 1989); one in Japan, International Perspectives in Victimology,
started and edited by John Dussich in 2004; one in Argentina, Victimología started and edited by Hilda
Marchiori in 2005; another one in the USA, Victims and Offenders: An International Journal of Evidencebased Research, Policy, and Practice, started and edited by Bonnie Fisher and Robert Jerin in 2012 as a partof the American Society of Criminology’s Division of Victimology; one in Spain, Revista de Victimología/
Journal of Victimology started and edited by Josep M. Tamarit in 2015, and the most recent one in India, theJournal of Victimology and Victim Justice, originally published in association with the Indian Society ofVictimology (http://isvindia.webs.com/) and formerly at the National Law University Delhi but now at the
Rajiv Gandhi National University of Law, started and edited by G. S. Bajpai in 2019. Although Mendelsohn
provided the world with his vision and blueprint with General Victimology societies, clinics, institutes, andjournals, none have used the term “General Victimology” in their title. In spite of this shortcoming, many ofthese manifestations did follow his basic view of General Victimology. Thus, as his disciples we have followed
his basic guidance. Out of respect for his insights, his passion, and his guidance we honour Mendelsohn byreferring to him as “The Father of Victimology.” It is noteworthy that these early suggestions proposed by
Mendelsohn and the other pioneering victimologists laid the foundation for the application of victim assistanceand victim rights, significantly improving the lives of victims around the world.
B. Theoretical Roots
Usually, a theory is a statement that explains a given phenomenon based on causal relationships. In thiscase, what is needed is a statement that explains how and why victimizations occur.
1. Beniamin Mendelsohn
As mentioned above, the first person to begin the development of theoretical writings about victimology
was Beniamin Mendelsohn, who was a Romanian defence attorney, who needed to understand victims to
improve his ability to defend offenders. To do this, in 1956 he created a short taxonomy of six categories that
centred on the relative guilt of victims. These categories were designed to facilitate the degree to which a
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VISITING EXPERT’S PAPER
victim shared the responsibility for a crime with the offender; however, they did not explain the causes ofvictimization. Mendelsohn was intrigued with the relationship between the offender and the victim. He
referred to this relationship phenomenon as the penal couple. These were his first victim types:
1.
2.
3.
4.
5.
6.

The completely innocent victim.
The victim with minor guilt.
The victim who is as guilty as the offender.
The victim who is more guilty than the offender.
The most guilty victim.
The imaginary victim.

Twenty years later in 1967 and 1969 Mendelsohn proposed a much different view of victims with hisconcept of General Victimology which considered the source of the victimization especially with genocide.
Based on this concept, he listed five types of victims with their offender type:
1.
2.
3.
4.
5.

The victim of a criminal
The victim of himself
The victim of anti-social behaviour
The victim of technology
The victim of uncontrolled energies of the natural environment (Mendelsohn 1969).

2. Hans von Hentig
With the publication of his textbook in 1948, The Criminal and His Victim: Studies in the Sociology of
Crime von Hentig created a taxonomy that described how victims were responsible for their own harms. His
schema was based on psychological, social, and biological factors. He was also interested in the reciprocal“doer-sufferer” relationship between offender and victim, in what he called the criminal-victim dyad. Althoughvon Hentig was one of the first to approach the study of the victim in a systematic way, it was not empiricalresearch (Schafer 1968:41); and it is noteworthy that he never used the word “victimology’ in his textbook.
His categorizations of victims were:
I. General:
1. The Young
2. The Female
3. The Old
4. The Mentally Defective and other Mentally Deranged
5. The Immigrants
6. The Minorities
7. The Dull Normals
II. Psychological:
8. The Depressed
9. The Acquisitive
10. The Wanton
11. The Lonesome and the Heartbroken
12. The Tormentor
13. The Blocked, Exempted, and Fighting Victims
III. The Activating Sufferer
14. Broader Aspects: involve victims of “various degrees and levels of stimulation or response” and“the intricate play of interacting forces” with the victim as the offender (Hentig 1948:438).
3. Stephen Schafer
Extending the work of von Hentig, Stephen Schafer used an ironic change of emphasis on the victim in
the title of his book, The Victim and His Criminal: A Study in Functional Responsibility. He also focused on
the offender victim interaction and developed a taxonomy based on determining the level of the victim’sfunctional responsibility for the crime:

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1.
2.
3.
4.
5.
6.
7.

Unrelated Victims (no victim responsibility)
Provocative Victims (victim shares responsibility)
Precipitative Victims (some degree of victim responsibility)
Biologically Weak Victims (no victim responsibility)
Socially Weak Victims (no victim responsibility)
Self-Victimizing (total victim responsibility)
Political Victim (no victim responsibility)

These three pioneer victimologists, strangely enough, were not focused on the injury caused to the victimby the offender nor on reducing their suffering nor on helping them recover. Their main concern was withthe victim’s role in contributing to the crime, cooperating with the criminal justice system, and helping it todecide who was guilty. The term General Victimology that Mendelsohn had developed and presented in
1976, was strange and distracting to most “crime oriented” victimologists as they had been trained incriminal law and/or were in a profession that exclusively focused on crime victims. However, the logic of
including victims of other harmful situations (wars, traffic accidents, natural disasters, manmade disasters,
human rights violations, genocide, etc.) was compelling, especially since Mendelsohn argued that there were
fundamental similarities among all victims in their loss and sufferings, their need for and manner of treatment,
and the duration of their trauma. All of them deserved to be treated with dignity and made whole again inspite of the source of their harm.
4. Dietrich L. Smith and Kurt Weis
In 1976, Dietrich L. Smith and Kurt Weis presented a rudimentary model of victimology based on the
General Systems Theory perspective which considered the “universe of situations, events and processes thathave a probability of resulting in being defined as victimization” (Smith and Weis 1976:45). This model
appears remarkable like Mendelsohn’s concept of General Victimology; however, Smith and Weis have neveraddressed this similarity.
1. The study of the creation of definitions of victims by legal processes, everyday processes and scientificprocesses.
2. The study of applications of the above definitions by control agents, significant others, community,
behavioural and social scientists, and the victim him or herself.
3. The study of societal response systems with victims such as crisis intervention, social services, police,
prevention, medical services, and civil courts.
4. The study of the victim’s reaction in the post-victimization behaviour such as seeking help, complaints,
and reactions to the response of others.
5. John P. J. Dussich
A unified comprehensive theory of victimization within the scope of General Victimology was created andpresented by John Dussich in 1985 with the presentation of his “Social Coping Theory” at the WSV’s Fifth
International Symposium on Victimology in Zagreb. In 2004 this theoretical model was expanded andpresented to the American Society of Victimology’s Second Symposium. In 2006 it was again expanded andrevised under the title Psycho-Social Coping Theory and presented at the American Society of Criminology’s
58th Annual Meeting. The essential elements of this model consider the existence and value of personal
situation-specific resources in the victim’s environment that exist prior to, during and after their victimization.
Persons who have an adequate number and type of situation-specific resources can more easily thwart their
victimization; if the victimization is not thwarted, the injury can be diminished thereby reducing the level ofsuffering, and, as a consequence the victim is much more likely to recover sooner. However, victims withfewer personal situation-specific resources in their repertoire and in their environment will be more
vulnerable to victimization, likely have greater injury and suffering, and will probably not recover as well.
The unique aspect of this theory is that it can both help explain the dynamics as well as help in the treatment
to recovery process of all types of victimizations.
C. A Chronological Overview
The journey of victimology covers a span of about 85 years beginning with the early writings of its
pioneers Mendelsohn in 1937 and von Hentig in 1948, through the years of World War II and the reactions
to the Holocaust, especially by Jewish scholars, into the First International Symposium on Victimology held
in Israel in 1973, including the establishment of the World Society of Victimology in 1979 followed by like110

VISITING EXPERT’S PAPER
named national organizations, the passage of the United Nations Declaration of Basic Principles of Justice forVictims of Crime and the Abuse of Power (hereinafter referred to as the “Declaration”) in 1985 and othervictim related UN instruments, with their multiple impacts across the globe, into the academic and legal
developments of their principles, finally with practical applications of their mandates into the era of direct
support with multiple variations of victim assistance for a wide variety of services up to the year 2022 (seeAppendix D for a list of key dates).
D. Victim Assistance, An American Overview
Since the mid-1970s victim assistance programmes in America had to cope with the realization that thisnew field did not have a professional corps of people with special training in dealing directly with crime
victims. Those who were working in the programmes were a mixture of medical doctors, ministers,
psychiatrists, psychologists, social workers, nurses, on-the-job trained counsellors, persons outside the helping
professions and volunteers with all types and levels of training. There were no international or national
professional standards. There was no certificate or degree to prepare someone to do the work of helping
victims recover. However, before formal victim assistance programmes evolved, there were some people
trained to work with victims, especially people who had been helping child abuse and family violence victims.
These were mostly social workers and psychologists. Today, the victim services scene has changed. There
are now a wide array of professionals and non-professionals working with victims who have received specificvictim-centric training. These include: social workers, psychologists, psychiatrists, nurses, medical doctors,
non-specific professionals (who received their formal degrees in other fields but were trained to help victims
in the numerous training schools which are both part and independent of academic settings); and, volunteers(who also received their training in the numerous training schools which are both part and independent of
academic settings, many of which are 40 hour training modules offered by the victim service agencies where
they work). Today the field of victim assistance is the major career field in victimology for persons wanting
to help victims of crime (and other misfortunes) directly. The single largest and oldest university still offeringa criminology bachelor’s degree with a victimology specialty and a separate victim services certificate is at
the California State University, Fresno.

II. CONTEMPORARY FOUNDATIONS
A. Some of Today’s Fundamental Victimology Concepts
1. “Victim” has its roots in the early religious notions of suffering, sacrifice, and death. This concept of“victim” was well known in the ancient civilizations, especially in Sumer, Babylonia, Palestine, Greece, andRome. In each of these civilizations the law mandated that the victim should be recognized as a person
who deserved to be made whole again by the offender.
2. “Crime victim” is a person who has been physically, financially, or emotionally injured and/or had theirproperty taken or damaged by someone committing a crime.
3. “Victimogenesis” refers to the origin or cause of a victimization; the constellation of variables whichcaused a victimization to occur.
4. “Victim Precipitation” a victimization where the victim causes, in part or totally, their own victimization.
5. “Vulnerability” is a physical, psychological, social, material, or financial condition whereby a person or an
object has a weakness which could render them a victim if another person or persons would recognize
these weaknesses and take advantage of them.
6. “General Victim” is a person who has been physically, financially, or emotionally injured and/or had theirproperty taken or damaged by someone, an event, an organization or a natural phenomenon.
7. “Victimization” refers to an event (such as a crime, a war, a disaster) where persons, communities andinstitutions are physically, emotionally, financially, socially damaged or injured in a significant way. This
includes persons who suffer a violation of rights or significant disruption of their well-being.
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8. “Victimology” is an academic scientific discipline which studies data that describes phenomena and causal
relationships related to victimizations. This includes events leading to the victimization, the victim’s
experience, its aftermath, and the actions taken by society in response to these victimizations. Therefore,
victimology includes the study of the precursors, prevention, vulnerabilities, events, impacts, recoveries,
and responses by people, organizations and cultures related to all forms of victimizations.
9. “Abuse of Power” is the violation of a national or international standard in the use of organized powerfulforces, such that persons are injured physically, mentally, emotionally, economically, or in their rights, asa direct and intentional result of the misapplication of these forces.
10. “Victim Assistance, Support or Services” are those activities which are applied in response to victimizations
with the intention of relieving suffering, facilitating recovery and preventing revictimization. This includes
providing information, assessments, therapy, interventions, case advocacy, system advocacy, public policy
and programme development.
11. “Victim Recovery” is the resumption of a similar or better level of functionality and normalcy as was
enjoyed prior to victimization. Persons who have been victimized vary in their level of mental health andwell-being prior to their victimization. Consequently, victimization affects each person in a different way
and causes differing degrees of injury or trauma. In their recovery it is necessary for victims to first try
to regain their previous level of functioning plus learn from their misfortune and hopefully exceed theirprevious level of functionality. To be recovered suggests that a person has at least regained their priorlevel of well-being and at best, has exceeded it. This state may be measured by identifying their previous
mental condition and determining if they have at least regained that prior status using the criteria of:trust in others, autonomy of self, individual initiative, competency in daily activities, self-identity,interpersonal intimacy, control over personal situations, successful relationships, safety in daily activities,
acknowledgment of memory, trauma symptoms have become manageable, self-esteem is restored,
resourcefulness is achieved, and there is an improved ability to ward off potential threats (Dussich 2016).
12. “Child Abuse” is the intentional application of sexual, physical, emotional, or psychological injury to a childto include neglect at the hands of her or his parents or care-provider within the confines of their family
or place of care.
13. “Victim Offender Mediation” (VOM) is a formal process for face-to-face meetings in the presence of a
trained mediator between a victim of a crime and his/her offender who committed that crime. This isalso called victim-offender dialogue, victim-offender conferencing, victim-offender reconciliation, or
restorative justice. Often the victim and the offender are joined by their respective families and community
members, or other persons related to the crime event often referred to as stakeholders. In these meetings,
the offender and the victim talk to each other about the victimization, the effects it had on their lives, andtheir feelings about it. The aim is to create a mutually agreeable plan to repair any damage or injury that
occurred because of the crime in the hopes of permanently eliminating the conflict thatcaused the crime in the first place.
14. “Restorative Justice” is a systematic formal legal response to crime victimization that emphasizes healing
the injuries that resulted from the crime and affected the victims, offenders, and communities. This
process is a departure from the old-style retributive punishment form of dealing with criminals andvictims which have generally perpetuated the conflict which resulted in the original crime.
15. “Victim Trauma” includes emotional and physical experiences that produce pain and injuries. Emotional
injury is a normal response to an abnormal event. It results from the pairing of a painful or frightening
emotional experience with a specific setting-based memory which often has a long-lasting painful effecton the life of a victim. Generally, the more direct the exposure to the traumatic event, the more serious
and closer to the risk of death, the higher the risk for prolonged emotional harm and problematic effects.
16. “Crisis Intervention” is the provision of emergency psychological short-term care to traumatized victims
to help them return to an adaptive level of functioning and to prevent or mitigate the negative impact of
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17. “Compensation” is a formal administrative procedure provided by law which can include a range of victim
types (crimes, wars, natural disasters, neglect, accidents, and genocides), only provides money to victims
for “out of pocket” real expenses directly resulting from their victimization to be paid by the state after
the victim is found to qualify according to specific criteria determined by the respective state or federallaw.
18. “Restitution” is a formal judicial procedure used by a judge after guilt is determined as part of a sentence
which can provide money and/or services to the victim for damages or suffering which resulted from thevictimization to be paid or performed by the offender.
19. “Victim Survey” is a periodic data collection and analysis process conducted usually by a government oruniversity entity to study information about crime victims regardless of whether they reported their
victimization to the police or not. It typically uses a face-to-face or telephone interview (or questionnaires
are sent) and covers demographics, attitudes about crime and details about the victimizations experienced
typically over the previous six months.
20. “Victim Rights” are privileges and procedures required by written law which guarantees victims’ specificconsiderations and treatment by the criminal justice system, the government and the community at large.
These twenty fundamental concepts are in use today – of course many others exist and more are
evolving. In 1985 the concept of “abuse of power” was mentioned briefly above and became a significant partof the UN Declaration.
B. Abuse of Power
1. 	Recent Contextual Information
Despite the legal sanctions which exist throughout the world to prevent the Abuse of Power (AOP), it
continues to occur with growing frequency and relative impunity. There are essentially five considerations
with abuse of power: the types of abusers; the specific abusers; the methods used; the victims; and the extent
of injury and/or damage. In each of these five considerations there are numerous examples ranging from theformer Government of South Africa’s previous use of apartheid on black South Africans, to the criminalorganizations which use violence, racketeering, coercion, intimidation, graft and corruption on innocent
citizens causing extensive death, suffering and property loss as had been the case in Medellin, Colombia. Oneof the more recent examples of AOP was the government of Serbia using extreme forms of aggression,
against adjacent ethnic groups referred to as “ethnic cleansing” against: Croats, Slovenians, Bosnians, andKosovans involving mass killings; mass rapes; extensive destruction of private and public property, buildings,
and sacred cultural symbols. For the most part Serbia ignored the protocols of the Geneva Conventions forthe conduct of armed conflict. This macro criminological/victimological phenomenon has been extensively
reported on by the media and by scholars, but predominantly in narrative form. Thus far, very few attempts
have been made to isolate the key variables of these behaviours, to explain the dynamics of these events andmeasure their occurrences in an empirical manner.
2. 	The Research Challenge for Abuse of Power
Like all phenomena, the study of abuse of power can and should discipline itself to formal researchmethods which call for definitions, theoretical organization, and empirical measurement. Often the magnitudeand brutality of these occurrences dramatically turns our heads away from the dispassionate evaluation
required to determine the facts. The drama of these events is often so compelling, even trained scientists
have difficulty using their research tools and sometimes even unknowingly yield to the subjective descriptions
which can cloud and overwhelm those chronicling these massive events.
Despite the strong emotions of revulsion and shock the magnitude of the problem still requires carefulmeasurement, analysis, and synthesis so that honest accurate understanding can emerge. This proposal
recommends using the social behavioural and conflict theories familiar to most criminologists who study
macro criminological phenomena. This writer has personally experienced these problems resulting incompassion fatigue when assisting victims in the aftermath of the war in the former Yugoslavia at the handsof Serbian “ethnic-cleansing” in Bosnia i Herzegovina and Croatia in 1996. Despite gruesome images andheart wrenching stories I saw and heard daily, I was able to establish a Victimology Institute of Sarajevo
with the help of three Bosnian professors and with the help of my friend victimologist Gerd Kirchhoff who
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supported this effort by obtaining funding from the German government, and so some empirical research
was carried out even if for only a short period.

III. MEASURING VICTIMIZATION
A. Descriptive Research
Descriptive research is often used to systematically gather information to determine characteristics
about a population such as amounts, frequencies, and categories of a particular theme. Four typical types arecase studies, surveys, longitudinal research, and cross-sectional research. The types of data used are usuallyeither quantitative or qualitative. This allows us to determine the size of a population (like frequencies orpercentages), what the central tendency is like (with the median, mode or mean), how the population is
spread out (the dispersion), what is the shape of the distribution (flat, spiked, s-shaped etc.), and it lets us
compare one population with another. For us it is important to know that one of the types of descriptive
research used extensively is victimization surveys. These surveys have become the backbone of victimologicalinformation. Not only do these surveys give us the numbers and types of victims, but they also give us trend
information so that we can compare victims from one jurisdiction to another, from one type of victim toanother, and we can measure the rate of victimization within a time period, for a given unit of population(per 1,000, 10,000, or 100,000). Another important type of descriptive research is the measurement of
behaviours that exist as continua. This type of research gives us information about the feelings, opinions, andvictim response patterns. Thus, they can, help us understand the emotional impact of victimization, thedegree of trauma and the progress of recovery.
B. Evaluative ResearchThis type of research is often used to measure official government or organizational programmes or
projects which respond to victimizations and are used to help victims cope. It is usually aimed at measuring
the systemic aspects of responding to victims. This is usually focused on the two measures of success:effectiveness and efficiency. Effectiveness evaluates the achievement of programme objectives; and efficiency
evaluates the consumption of resources over the time needed to achieve objectives. Another important
aspect of evaluative research is accountability, both economic and political. Economic accountability focuseson whether a programme is justified given the funds available and the value-system currently in existence.
Political accountability focuses on whether the existence of a programme and its costs are supported bythose in political power. A large part of accountability has to do with community values, outcome expectations
and official responsibilities. The measurement of these variables helps to contextualize a victim programmewithin the larger society or culture.
C. Causal Research
Causal research is perhaps the most challenging and difficult form of victimological research. For example,
it might try to understand why some victims are severely traumatized by an event, while other victims are
not seriously impacted by the same event. The usual method of causal research is to first create an hypothesis
about the relationship between a cause (independent) variable and an effect (dependent) variable. Then, tomeasure these variables and see if the data allows you to support or reject your hypothesis. This process
can lead to understanding not just one possible causal link, but many connected causal links or chains. Using
the new findings uncovered using causal research, a victimologist can then develop a theoretical statement.
These statements can help to understand the complex social and psychological phenomena of victimization.
Consequently, equipped with research findings, victim advocates working to prevent victimization could
identify facts related to reducing the vulnerability of potential victims. Crisis interveners armed with
empirical facts about the victims’ experiences, could better reduce the suffering of victims immediately after
the victimization and prevent the escalation of a trauma. Advocates and therapists, basing their responses
on research findings, could better know how their victims think and feel, and thus, reduce their suffering andpromote the return to stable and functional lives which can help them recover.

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IV. CONTRIBUTIONS OF CONTEMPORARY ORGANIZATIONS AND PEOPLE
A. Internationally
Four main international resource organizations that advocate, for a variety of victims are The World
Society of Victimology, the UN Office of Drugs and Crime, the World Health Organization, and the International
Committee of the Red Cross. It is unfortunate that these organizations are rarely mentioned in thevictimological literature in spite of their significant contributions to the field especially serving to disseminate
information about new laws, research findings, innovative victim-centric changes and help host events wherescholars and practitioners can come together and exchange their findings and promote victim reforms.
1. The World Society of Victimology (WSV) a membership non-profit based international organizationthat advocates on behalf of victims across the globe and has Special Category Consultative Status with
the Economic and Social Council (ECOSOC) of the United Nations; has developed recognition with the
Office of the High Commissioner for Human Rights (OHCHR), the UN Department of Public Information(DPI), and the Council of Europe. The WSV continues to lobby to convert the UN’s Declaration into aformal UN “Convention” which would give this proposed instrument more “muscle” to implement the
principles embodied in the Declaration across the globe. The WSV on its current website has aStrategic Plan which has four organizational goals with strategies and supporting information on
behalf of victims (see Appendix A). The WSV continues to serve victims as one of the main internationalorganizations disseminating the messages embodied in the UN Declaration to its members and the
public, through its website, and in the past, its newsletter (The Victimologist) now not being published,
and using a variety of social media, and its continuing triennial symposia (due to the pandemic its
normal triennial cycle was disrupted and will resume in 2022 in Spain), its many two-week courses(some of which are less than two weeks); and, at special occasions as in 2005 when the it maderecommendations to create new responses on behalf of victims and presented them in Bangkok,
Thailand, at the 11th UN Congress on Crime (see Appendix B). Today it continues to evolve andexpand (see: http://www.worldsocietyofvictimology.org/about-us/strategic-plan/).
2. 	The United Nations, through its Office of Drugs and Crime (UNODC), the primary entity which hasaddressed the area of crime and victims. It is in Vienna, Austria, and has hosted some of the creationsof many major victim-related instruments. That with the most impact has been the Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power in 1985 (informally dubbed by
victimologists, “The Magna Carta for Victims’ Rights”). Others which are also victim-centric are the
Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters adopted by an
ECOSOC resolution in 2002 (Groenhuijsen and Letschert 2008); the Convention against Transnational
Organized Crime (sometimes referred to as the “Palermo Convention”) which was signed in December
2000 (Annon 2004); and,  the Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious Violations ofInternational Humanitarian Law in 2005, hereinafter referred to as “the Principles and Guidelines”(for two authoritative discussions of this UN instrument see: M. Cherif Bassiouni’s book International
Protection of Victims (1988) and Theo C. van Boven’s article at: https://legal.un.org/avl/pdf/ha/ga_60147/ga_60-147_e.pdf). (retrieved on January 30, 2022, from: http://taylorfrancis.com).
3. While the World Health Organization is not typically associated with victims of crime, abuse of
power, the criminal justice systems, drugs, terrorism, human trafficking, or human or victim rights,
they are involved in two major areas dealing with victims of interpersonal violence: measures to
identify and respond to these victims (especially aggravated by the Covid-19 pandemic of 2020-2021):
using screening tools, education programmes on violence and victim identification, mandatory reporting
systems, and multi-agency risk assessment and response; and, programmes for care and support ofthese victims with: advocacy programmes; sexual assault or forensic nurse examiner programmes;
women’s shelters; helplines; psychosocial interventions; protection orders; and special courtroom
measures, specialist courts and police stations that exclusively cater to women (retrieved on January
29, 2022, from: https://www.who.int/violence_injury_prevention/violence/programmes.pdf).
4. The International Committee of the Red Cross, with headquarters in Geneva, Switzerland, is an“impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect
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the lives and dignity of victims of armed conflict and other situations of violence and to provide themwith assistance” especially now during the invasion of Russia into Ukraine (retrieved on January 29,
2022, from: https://www.icrc,org).
5. 	HEUNI, (the European Institute for Crime Prevention and Control) was established in 1981 affiliatedwith the United Nations Office on Drugs and Crime and supported by the Government of Finland andlocated in Helsinki. It is part of the United Nations Criminal Justice and Crime Prevention Programme
Network of eighteen entities. HEUNI primarily conducts international research and participates intechnical assistance and training especially on topics reflecting innovations resulting from United
Nations decisions. Under the leadership of former director Matti Joutsen, it played a major role inpreparations for and drafting of the UN Resolution and its Declaration of Basic Principles of Justice forVictims of Crime and Abuse of Power (Bassiouni 1988).
6. Amnesty International, founded in London, England, in 1961 because of an article in The Observer byattorney Peter Beneson expressing outrage over the arrest of two Portuguese students who were
jailed for seven years just for raising a toast to liberty. As a result of the response to his article, hefounded this organization that became a global movement dedicated to fighting human rights abuses
across the globe.
B. Nationally
There are some countries which have been very active in the field of victimology and have also produced
model victim programmes in support services, laws, training, education, and research.   Also, they haveshown outstanding leadership in their regions by being effective in establishing, stimulating, and assistingwith these initiatives among their neighbors. In my judgment these countries are the top ten that havedemonstrated great energy and broad development on behalf of crime victims (listed alphabetically withbrief highlights): Australia, Canada, Germany, Great Britain, India, Israel, Japan, The Netherlands, South
Africa, and The United States of America.
1. 	Australia was an early nation to help crime victims using offender-funded compensation. The state ofVictoria used this type of compensation in 1958; however, New Zealand was the first county toestablish a state-funded victim compensation programme. In Australia it was New South Wales in 1967
that first launched the state funded variant, followed by Victoria in 1972 (Freckelton 2004), and South
Australia in 1969 (O’Connell, 2020:160). Academic victimology was first introduced by South Australia
as part of self-help efforts that led to the formation of Victims of Crime Services under the “stewardshipof its first executive officer Ray Whitrod” who sought to support victims and pressed for system
reforms (O’Connell 2020:161).   Formal state-wide reviews confirmed that reforms were needed,
especially to recognize secondary victimization by the criminal justice system, The “pace of reform
and the magnitude of change in the 1980s in South Australia was, in a relative sense, remarkable”(O’Connell 2022:161). Of special note was the National Symposium on Victimology hosted by South
Australia in 1981 conducted by the Australian Institute of Criminology. This became an important
wellspring in the 1980s for victimological discourse in Australia. In 1985 Attorney-General Chris
Sumner of that state led a delegation to the Fifth International Symposium on Victimology in Zagreb,
Croatia, immediately followed up with a trip to Milan, Italy, where the deliberations in support of the
UN’s Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power took place.
Upon returning, he used those principles, to model declarations for his state and for Australia’s firstdeclaration on victims’ rights. These actions had a significant impact on reforms to victim compensation
schemes, the use of victim impact statements and other legislation on behalf of victims (O’Connell,
2022:162). Of special note was the introduction of victimological training for police competency anduniversity baccalaureate education. Australia hosted two WSV International Symposia, one in Adelaide
in 1994 and another in Perth in 2012. Other key persons who made significant contributions supporting
victim reforms were (listed alphabetically): John Braithwaite, Gary Byron, Duncan Chappell, John
Dawes, Sam Garkawe, P. N. Grabosky, David Hunt, Stanley Johnston, Elton Mayo, Michael O’Connell,
Harold Weir, and others. Today the victimology banner is being held high by Michael O’Connell ascholar activist and victim advocate of the highest order and who is also the Secretary General for theWorld Society of Victimology.
2. 	Canada has also been a fountainhead for early victimological activities, both theoretical and practical,
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where a wide variety of sophisticated victim service programmes throughout their country have beencreated. In 1974 the first victim mediation programme was used for two offenders to make restitution
with their vandalism victims. Over the past four decades similar programmes have been usedthroughout this country (Latimer and Kleinknecht 2000; Principles and Guidelines 2018). In 2000 it
hosted the 10th WSV International Symposium on Victimology and is home to several leading
victimologists, especially Ezzat Fattah, born and educated in Egypt, has made long term contributions
to victimology internationally. He is the founder of the School of Criminology at Simon Fraser University
in Vancouver, Canada, where he is professor emeritus. He is one of the early pioneers in the study ofvictimology, has authored, co-authored and edited over a dozen books, including an anthology Towards
a Critical Victimology and Understanding Criminal Victimization published in 1992. Ezzat Fattah’s
research led him to become an outspoken critic of the victim movement whose demands he saw aspunitive and vindictive. He advocates instead for a humane system of restorative justice, based on thenotions of healing, reparation, and restitution. Irvin Waller, another well-known contributor to
victimology was one of the prime movers of the UN Declaration, who served as president of the WSV,
and was a member of the first “Bellagio family” which convened a group of victimology pioneers in
1975. He was director of the International Center for the Prevention of Crime in Montreal, establishedin 1997, which contributed to the promotion of victim-friendly programmes and activities. He iscurrently the president of the International Victim Assistance Organization. Yet another major
contributor to the victimological literature who has been teaching and researching in Canada is JoAnne M. Wemmers. She served as editor of the WSV Newsletter The Victimologist, and also as
Secretary General for a 3 year term. She is now Professor at the School of Criminology of the
Université de Montréal as well as Head of the Research Group for Victims, Law and Society at theInternational Centre for Comparative Criminology and is the editor of the International Review ofVictimology. She publishes mostly in French (Wemmers 2003) and in English (Wemmers 2017). Today
the Canadian Victims Bill of Rights builds on its existing national laws so that all victims have theright for security and privacy considered by criminal justice personnel, to be protected from intimidation
and retaliation; and to ask the court that their identity not be released to the public.
3. 	Germany also played a major founding role in the early development of victimology, starting with
Hans von Hentig’s initial article on victim and offender interactions in 1941 and then his book The
Criminal and his Victim: Studies in the Sociology of Crime in 1948. In 1975 Hans-Joachim Schneider
published the first German victimology textbook titled Viktimologie – Wissenschaft vom Verbrechensopfer(Victimology – Science of Crime Victims). In 1979 he hosted the Third International Symposium on
Victimology at his university in Mȕnster. At that event he successfully promoted the idea of the World
Society of Victimology (WSV) and was promptly elected as its first president. I was coincidentallyworking at a German criminology research institute (KFN) and with another victimologist, Gerd F.
Kirchhoff, had been asked by Professor Schneider to be the symposiums’ rapporteurs. Thus, at thefounding of the WSV I was asked to serve as the WSV’s first Secretary General and Kirchhoff was
asked to be the WSV’s first Newsletter editor and to register our new organization in Mönchengladbach,
Germany. In 1979, Gerd F. Kirchhoff and Klaus Sessar published an edited reader Das Verbrechensopfer(The Victim of Crime). Subsequently, with this synergy of these people and events Germany became
an early fountainhead for things victimological and the WSV continued its growth by hosting the
symposia every three years to the present time (except for the interruption of the global Covid-19
pandemic 2020-2022). Other key German victimologists are (listed alphabetical): Michael Baurmann,Hans-J. Kerner, Erwin Kube, Hans-H. Kȕnh, Helmut Kury, Peter Schäfer, Hans D. Schwind, Kurt Weis,
Elmar Weitekamp and others. The dominant victim assistance organization is the Wiesse Ring, thecofounder and chair for many years was Edward Zimmerman who established it on September 24,
1976, in Mainz as an “e. profit” organization. It is the dominant independent victim support organizationin Germany with approximately 420 local offices throughout the country (retrieved on January 30,
2022, from: https://weisser-ring.de).
4. 	Great Britain hosted several significant and innovative practices on behalf of crime victims, such as
the concept of modern victim reparations called compensation by Margery Fry in 1957. In 1971 Erin
Pizzy established the first, and largest shelter for abused women known as Cheswick Woman’s Aidand she wrote the first book about spouse abuse, Scream Quietly or the Neighbors will Hear (1974).
Ironically, she went from being a pioneer in the women’s movement, to becoming a men’s rights
activist. Britain is also the home of the journal International Review of Victimology first published in
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1989 thanks to the initiative of two early victimologists with strong ties to England, John C, Freeman(born in Australia) and Leslie Sebba (born in Israel). Victim Support UK was established almost 50
years ago by Dame Helen Reeves in 1974. It “became the leading independent victims’ charity in
England and Wales” and “by 1986 every county had at least one Victim Support Scheme (retrieved on
February 2, 2022 from: https://www.victimsupport.org.uk/more-us/about-us/history/). These key
British resources provided victim services leadership and mentorship especially within the European
community and beyond, recently Victim Support – Asia was launched on March 24-26, 2019, in Seoul,
South Korea, with the assistance of Frida Wheldon from Victim Support Europe. Other key persons
contributing primarily with crime victimization surveys and theoretical victimology were (listed
alphabetically): Ronald Clark, Hazel Genn, Rob Mawby, Patricia Mayhew, David Miers, Paul Rock,
Joanna Shapland (current editor in chief of the journal International Review of Victimology), andSandra Walklate, and many others. Victimology is well established in British academia today, forexample one can get a Master of Science degree in Victimology at the University of Portsmouth(retrieved on January 30, 2022, from: https://www.port.ac.uk).
5. 	India’s concern for crime victims extends into ancient times with the concepts of restitution andatonement by the offender. Classical Hindu law born in Calcutta in 1772 under the Bengal government
was prompted by trade conditions with Great Britain. Anglo-Hindu Law evolved when the British
ruled India from 1858 until 1947, which impacted the Hindus, Buddhists, Jains and Sikhs. English
common laws were mostly unwritten laws that included local customs, behaviours and traditions.
These were applied by Great Britain to its colonies including India, except for laws that dealt withmarriage, inheritance, and succession of property. When British rule ended, left behind was theirlanguage which became India’s lingua franca and their common law legal traditions. Thus, victims
were a source of evidence; their participation in their cases was minimal. After independence Nehru
and Gandhi, both law-trained in England, infused India’s new constitution in 1950 with strict common
law principles. Indian empirical studies concerning crime victims began in the late 1970s mostly aboutdacoit gangs, homicide, and motor vehicles (Singh, 1978; Rajan and Krishna, 1981). Supreme Court
Justice V. R. Krishna Yyer, a pioneer of legal activism and patron of the poor greatly inspired K.
Chockalingam’s multiple interests in victims as a teacher and researcher. In 1984, the first seminar on
victimology was organized by Chockalingam in the University of Madras/Chennai. His attending theFifth International Symposium of Victimology in Zagreb in 1985 encouraged him to further promote
victimology by founding the Indian Society of Victimology (ISV) in 1992 – inaugurated by Justice V. R.
Krishna Yyer. Chockalingam served 15 years as its first president. He is easily considered the “Fatherof Indian Victimology.” (retrieved on January 29, 2022, from: https://isvindia.webs.com/); Key scholars
who continued this work are (listed alphabetically): G. S. Bajpai, a prolific victimology author andcurrently the ISV president, and is the editor in chief of the new Indian based Journal of Victimology
and Victim Justice since 2018; Susai M. Diaz, active victimologist and former chair of the ISV, K.
Jaishankar teacher and author in victimology, R. K. Raghavan, S. P. Sahni (Director of the Centre forVictimology and Psychological Studies at the Jindal Global University), Beulah Shekhar well knowteacher, victim event promoter, international presenter and author in victimology, M. Srinivasan,teacher and host of victim events, and many others.
6. 	Israel was the home of the First International Symposium on Victimology in 1973 thanks to theleadership of Israel Drapkin, the Director of the Institute of Criminology at the Hebrew University in
Jerusalem since 1959. The symposium proceedings, edited by Israel Drapkin and Emilio Viano (anItalian/American victimologist), resulted in the publication of six volumes of text mostly by the key
presenters. These volumes became a tome of significant value to the heart and soul of early
victimological growth in the years that followed. It contained the writings of many key persons whoembraced this new discipline and mostly perpetuated the ideas and suggestions of Mendelsohn who,
in his later life moved to Israel. Some of those who were, and still are active (listed alphabetically):
Menachem Amir, early contributor to victimological research; Sarah Ben David (who hosted the Sixth
International Symposium on Victimology in 1988 in Jerusalem has been a steady researcher andauthor from her country and is a continuing contributor to the Post Graduate Course on Victimology,
Victim Assistance and Criminal Justice in Dubrovnik; Leslie Sebba who, in 1989 (with John Freeman)launched the journal International Review of Victimology and became its first editor in chief. Most
universities in Israel teach victimology. Because many Israelis were second or third generation
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the dynamics of victimization. This is especially applicable to the survivors and their psychologicalsequelae (Landau and Sebba 1998).
7. 	Japan entered the field of victimology early when Professor Osamu Nakata and his team of colleagues(Professors Furuhata, Yoshimasu, Onojima, and Hirose), from the Tokyo Medical and Dental University
in 1958 translated Mendelsohn’s concept of victimology from French into the Japanese language. Thiswas followed in 1965 with the publication of Koichi Miyazawa’s dissertation titled Basic Theory ofVictimology (Miyazawa 1986). In 1971 a former student of Miyazawa, Hidemichi Morosawa, establisheda degree programme for students interested in victimology at his Tokiwa University in Mito, Japan,
and began teaching victimology and promoting the ideas of victimology throughout Japan especiallyin the public media (Kirchhoff and Morosawa 2009). In 1982 Miyazawa hosted the Fourth International
Symposium on Victimology in Tokyo and Kyoto. On November 17, 1990, the Japanese Association ofVictimology (JAV) was established at Keio University. This organization published the Japanese
Journal of Victimology which lasted for six years (WSV 2013). In 1998 Morosawa published his firstmajor victimology textbook, An Interdisciplinary Study on Victim and Victimization, The mostdramatic event in the field of victim law in Japan was the enactment of the new Fundamental Act on
the Protection of Victims of Crime in 2004 (Morosawa 2012). In the following decade the Morosawa
family’s university became internationally known for its teaching innovations in victimology, victim
services, victimological research, hosting of WSV courses, and as the home of the Tokiwa International
Victimology Institute (TIVI) and a Graduate School of Victimology supported with ten victimologists.
In 2009 TIVI hosted the 13th International Symposium on Victimology. Due to a change of priorities,
this university no longer hosts these programmes. In 2016 Morosawa published his magnus opus, a
1,042-page encyclopedic text in the Japanese language Victimology. Other key victimologists were(listed alphabetically): Takako Konishi; Chie Maekoya; Susumu Nagai, Satomi Nakajima, Minoru Ohya,
Tatsuya Ota, Toshi Tatara, Nobuho Tomita, and Akira Yamagami. Two key persons in Japan’s victim
assistance movement were Isao Okamura (well-known attorney and founder of the National Associationof Crime Victims and Surviving Families known as “Asunokai”) and victim advocate Emiko Okubo
from the premier victim support programme called the Tomin Center in Tokyo (Dussich and Kishimoto
2000; Morosawa 2012).
8. 	The Netherlands has sponsored several significant activities which reflected their government’s earlysupport for victim rights activities. Willem H. Nagel, one of the Dutch pioneers who made key
theoretical contributions, was involved in the early victimological discourses concerned with victimology
becoming a separate discipline (Nagel 1963). Set up by the Ministry of Justice in 1987, early funding
for the International Crime Victim Surveys working group was provided, under the leadership of Jan
van Dijk (who was also a president of the WSV), this support led to a series of significant comparative
publications about victimization in many countries across the globe. Two WSV International Symposia
were held in the Netherlands, the 9th in Amsterdam in 1997 and the 14th in Den Hague in 2012 (thewebsite from that event continued as the most useful single resource for international victimologicalinformation for many years). In addition to the establishment of victim services throughout the nation,
the Netherlands also produced high-quality research in various areas of victimology. Yet anothercontribution to the field of victimology was the creation, in 2005, of a research institute dedicated to
victimology called the International Victimology Institute Tilburg (INTERVICT) under the directorshipof Marc Groenhuijsen with significant contributions from Jan van Dijk, Rianne Letschert, Anthony
Pemberton, Frans Wilem Winkel and many others. However, this institute ceased operations in 2013.
9. 	South Africa recovering from apartheid (from 1948 until 1991) continues to have major challenges
with the enfranchisement of Blacks and those of other non-white races. Since the legal basis forapartheid ended, in 1994 all-race elections took place and a coalition government was formed with aBlack majority. From over 30 years of structural victimization most of the apartheid’s social andeconomic problems remained. This was a major challenge for the newly elected president, Nelson
Mandela. As part of the improvements in 1996 the National Crime Prevention strategy was launchedand promoted a victim-centred approach to criminal justice reforms. Needed were witness and victim
protection during trials, compensation schemes, victim empowerment and fostering service providers(Snyman, 1997:9). Linda Davis and H. F. Rika Snyman (in 2005 co-edited an anthology Victimology inSouth Africa), and hosted the Eleventh International Symposium on Victimology in Stellenbosch in2003. Jaco Barkhuizen, one of the few persons who has a doctorate in victimology from Tokiwa
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University), has specialized in sexual victimization on public transportation in Japan; his other areas ofinterest have been South African human trafficking, serial murder, and sexual victimization. RobertPeacock, is head of the Department of Criminology at the University of the Free State (UFS) and is
the current president of the WSV, he has focused much of his victimological efforts on street-children
as victims. He has a special interest with the South African Truth and Reconciliation Commission in
Post-Apartheid, critiques of “colonial tyranny”, abuse of power, and the application of Transitional
Justice. Today, most victim support organizations in South Africa only focus on abuse of children,
spouse, and sexual assault victims. Since 1994 South Africa has been facing the challenges of changing
their culture from one that had accepted the victimization of a people for just over four decades. This
monumental challenge is now to suppress the reflexes of those of color, mostly indigenous persons,
who had accepted being victims of those who ruled from Europe as offenders; and, to a very new
mind-set that replaces those reactions with reflexes for all to be equal.
10. In the USA when writing about victim assistance the name NOVA (National Organization for Victim
Assistance) is dominant and still active. Established in 1976 as a non-for-profit organization, it was thefirst national organization created to serve the needs of victim advocates, to give victims a voice, tolobby for victim reforms and victim rights. At the government level, the USA’s Office of Victims of
Crime is one of the few governmental agencies in the world which services people in all countries byproducing documents, funding research and hosting conferences in the areas of victimology and victim
assistance in many parts of the globe. The most remarkable aspect of the USA’s role in victim services
is the large number of different types of victim service programmes throughout the country (roughly
20,000 with separate programmes for victims of sexual assault, child abuse, elder abuse, domestic
violence, etc. In response to the 1985 UN’s Declaration, the USA established a special partnership with
the United Nations, and thus two follow-up documents were produced, the Handbook on Justice forVictims, and the Guide for Policy Makers, both published in 1999 by the UN Office for Drug Control
and Crime Prevention in collaboration with the US government. Some of the top American contributors
to victimology and victim services were (listed alphabetically): Ron Acierno, Dick Andzenge, Douglas
E. Beloof, Susan Brownmiller, Ann W. Burgess, Frank Carrington, Lynn A. Curtis, Yael Danieli, Robert
Denton, Rebecca Dobash, Russell Dobash, Edna Erez, David Finkelhor, Vincent J. Fontana, Burt
Gallaway, Gilbert Geis, Paul C. Friday, Mario Gaboury, Gilbert Geis, Michael R. Gottfredson, Michael J.
Hindelang, Lynda L. Holmstrom, Joe Hudson, Chadley James, Robert Jerin, Janice Joseph, Andrew
Karmen, C. Henry Kempe, Dean Kilpatrick, Dick Knudten, Leroy Lamborn, Bernadette Muscat, Brian
Ogawa, Xin Ren, Lisa Nerenberg, James Rowland, Stephen Schafer (who hosted the Second International
Symposium on Victimology in 1976 in Boston), Jane Sigmon, Wesley G. Skogan, John Stein, Murray  
Straus, Martin Symonds, Yoshiko Takahashi, Thomas Underwood, Emilio Viano, Steven Walker,
Harvey Wallace, Marvin Wolfgang, Marlene Young, Eduard Ziegenhagen, myself and many others.
Some key NCEA, and others. During the past five decades the synergy of these and other victimologists
has produced remarkable changes in our criminal justice system greatly advancing how we treat
victims. It has been my honour to have been part of this journey.
C. Reflections on These Resource Organizations and People
The above six international organizations’ and ten nations’ exemplary efforts on behalf of crime victims
have shown us how a few dedicated persons and organizations of good will, passion, intelligence, persistence,vision and moral commitment can accomplish lofty goals for the well-being of a society, a region and theworld. In the hands of these few, not only have they lifted their nation, but they have led the way byadmirable actions and helped their neighbours and improved the plight of victims the world over. They havegiven us the gifts of hope, sharing and humanity which makes the struggle noble, humane and worthwhile.
I would be remiss if I did not mention other persons who also have made significant contributions but
have not been mentioned above. These are (listed alphabetically): Anna Alvazzi del Frate, from Italy servedat the UNODC in Vienna, made significant contributions on behalf of victims, worked with international
victimization surveys and recently worked in the area of small arms violence prevention; Augusto Balloni
from Italy, forensic neuropsychiatrist and scholar in criminal victimology; Antonio Beristain-Ipiña from theBasque Country, Spain, a victimologists and criminologist whose passion was with human rights and was amember of the WSV; José de la Cuesta Arzamendi director of the Instituto Vasco de Criminología yVictimología and host of the 17th Inernational Victimology Symposium in Spain; Elias Escaff-Silva victimologist
from Chile; Arif Gosita from Indonesia, a pioneer victimologist in his country; Marianne Johanna Hilf Lehmkuhl
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well known victimologist from Austria and now Switzerland, has been a regular contributor at the Dubrovnik
postgraduate courses and member of the WSV; Alline Pedra Jorge Birol from Brazil victimologist andspecialist in human rights currently working at the UN in Vienna; Guo Jaing-an, from China instrumental incoordinating international victimization surveys; Ester Kosovski, the grande dame of victimology from Brazil,
leader in Latin America and host of the 7th WSV Symposium; Maria de la Luz Lima from Mexico, a leader
in victimology and victim assistance, and former member of the WSV; Hilda Marchiori from Argentina who
has been a constant light by publishing the Spanish language journal Victimología and many othervictimological publications; Elias Neuman from Argentina and prolific publisher of specialty books invictimology; Vesna Nikolić-Ristanović from Serbia, is a victimology scholar known throughout the Balkans
and has worked especially with gender issues and restorative justice; Annette Pearson from New Zealand/
Colombia, who specializes in Justice Centers throughout Latin America; Luis Rodríguez Manzanera from
Mexico one of the scholar giants in Latin America in both victimology and criminology; Armando Saponaro
from Italy, has been teaching victimology in his country and at numerous international postgraduate
victimology courses for almost two decades; Zvonimir Paul Šeparović from Croatia, who was a charismatic
leader of victimology in the Balkans, an influential government official, a former WSV president and the hostof the 5th WSV symposium that played a key role in supporting the UN Declaration; Heru Susetyo fromIndonesia, is a scholar activist in victimology throughout Southeast Asia; and Aglaia Tsitsoura from Greece
served as a major victimology link between the WSV and the Council of Europe and served on the EC of the
WSV.

V. THE LIKELY FUTURE
A. Blueprints and Promising Practices
As new programmes and new laws evolve, some will prove effective, and others will not. In the searchfor programmes and laws that fulfil the fundamental aims of what Mendelsohn proposed in 1947 and whichwere embodied in the core concepts of the 1985 UN’s Declaration – they are: “to be treated with compassion
and respect for their dignity... to be provided with access to the mechanisms of justice and to prompt
redress... to be informed of their rights... to be informed of their role and the scope, timing and progress ofthe proceedings and of the disposition of their cases... to be provided with proper assistance throughout thelegal process... to have their privacy protected and ensure their safety... to be considered for receipt of
restitution... to be informed about receiving compensation...” These 1985 UN Declaration’s appeals are thecriteria which should be used to determine the value of victim programmes and laws so that they can beevaluated and ultimately recommended as worthy of duplication. In each of the sub-categories of victim
programmes, laws, practices and rights, specific noteworthy examples have emerged. Some of these were
included the US Department of Justice’s 1998 significant publication: New Directions from the Field: Victims’
Rights and Services for the 21st Century (see Appendix C).
There are specific victim-centric actions that each component of the criminal justice system can take.
Here are specific examples from four criminal justice components in the United States of America:
1. Law Enforcement
In San Diego, California, there is a partnership between the police and the YWCA which resulted in a
Community Domestic Violence Resource Network. This has resulted in a major resource for all the police
agencies in the community for accurate information about the availability of shelters at any given time
(COPS, 1997). Today the San Diego Police Department  now has a Domestic Violence Unit which is locatedwithin the San Diego Family Justice Center, which houses several public and private agencies that work
together to address domestic violence (retrieved on January 29, 2022, from: https://www.sandiego.gov/
police/services/units/domesticviolence).
2. Prosecution
The district attorney in Huntsville, Alabama, established the nation's first children's advocacy centre in
1984 to reduce the trauma that the system was inflicting on child victims during the investigation andprosecution of child sexual abuse cases. “Rather than requiring children to retell their story through repeatedinterviews and examinations by law enforcement, prosecution, medical, mental health, and social services
agencies, the district attorney created a multidisciplinary approach in which all of these professionals work
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together” (New Directions from the Field, 1998: chapter 3;1). “The National Children’s Advocacy Center(NCAC), located in Huntsville, Alabama, has revolutionized the United States’ response to child sexual abuse.
Since its creation in 1985, the NCAC has served as a model for the 950+ Children Advocacy Centers (CACs)
now operating in the United States” (retrieved on January 29, 2022, from: https://www.nationalcac.org/#).
3. Judiciary
In Tucson, Arizona, the Municipal Court established a partnership with the police, victim advocates,
prosecutors, and health care professionals to form a Community Domestic Violence Awareness Centre (NewDirections, Chapter 4; 1998:100). Today, the “Domestic Violence Court ... established in 2012 ... operates with
continuing assistance of grants from the US Department of Justice, Office of Violence Against Women ... in2017, the Court was selected by the Office of Violence Against Women to serve as a Domestic Violence
Mentor Court. It is now one of fourteen courts nationwide who are recognized as national models” (retrievedon January 29, 2022, from: https://www.tucsonaz.gov/DV).
4. Corrections
In Texas in 1995, the Department of Criminal Justice (TDCJ) started a victim-offender mediation/dialogue
programme for victims of severe violence and their incarcerated offenders (New Directions, Chapter 5,
1998;130). Today, the “TDCJ Victim Services Division Victim Offender Mediation Dialogue (VOMD)
programme, ... provides an opportunity for victims or surviving family members of violent crime to initiate
an in-person meeting with the TDCJ offender responsible for their victimization. Crime victims haveexpressed a sense of taking back control after meeting with the offender to describe the impact of their
victimization and to receive answers to questions regarding the offence (retrieved on January 29, 2022, from:https://www.tdcj.texas.gov/divisions/vs/vomd.html).
B. Facing the Realities of Promising Practices
As writer and publisher Charles Douglas Jackson once said,” Great ideas need landing gears as well aswings.” Although a wide variety of new programmes have been tried and dubbed as “promising” most ofthese have not yet been subjected to empirical evaluation. Before these programmes can be accepted as
feasible and worthy of duplication, they must be scrutinized and evaluated over a sufficient time. Not only
would this be organizationally frugal, but it would help ensure successful applications in service to thetreatment of victims.
Essential for the field of victimology and victim services must be an overarching curriculum where these
two related courses representing theory and practice can exist side by side as university courses leading toa baccalaureate degree supporting the professionalization of victimologists, even at the masters and doctorate
levels. “Grounding in the potential causes of victimization can provide the student with a framework tocritique victim policy, reduce victimization risk, and appreciate the broader context of victimization risk ascriminal justice agents, first responders, and service providers” (Dussich 2003:1).
Countries that I can confirm have universities teaching victimology related courses and some which offer
degrees in victimology are in Africa, Argentina, Australia, Canada, Colombia, Germany, Great Britain, India,
Indonesia, Italy, Israel, Japan, Mexico, The Netherlands, South Korea, and USA. It is likely there are others
that have also started victimology curricula. These actions at the university level will move us to institutionalize
new societal norms to treat all victims as members of our own families and establish the bedrock of lesssuffering and more joy.
“Victimology tomorrow will need to adapt. As crime mirrors the existing political,
social, economic, and technological structures, as any of these changes, so will theform and sources of victimization, among other things” (O’Connell 2020:171).
“The acorns of today are the oaks of tomorrow.”

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APPENDIX A
World Society of Victimology
Strategic plan: 2019 – 2022
Vision: A world without victimisation
Purpose: To promote Victimology as a scientific endeavour; and, advocate for laws and policy that enhance
victims’ rights and improve victim assistance to enable timely, fair and equitable access to justice for all
victims and survivors.
Our values: Truth > Respect > Collaboration > Engagement > Courage > Resolve >Goal One
Improve victims’ access to justice and assistance
Success
WSV is a partner with international organizations, governments, and civil society (including NGOs) inadvancing victims’ rights and victim assistance. Its activities have improved outcomes for victims andsurvivors.
Strategies• Develop and advocate for laws and policy that advance victims’ rights and address victims’ needs.
• Participate with international authorities such as the United Nations and other regional authorities
such as the Council of Europe on strategies aim to prevent victimisation and reduce harm.
• Encourage responses that protect victims, especially those prone to victimisation, including women,children, refugees and migrants.
• Educate government personnel and non-government employees on Victimology, victims’ rights, andevidence-based victim assistance.
• Collaborate with the international community on ways to tackle victimisation and to properly address
the effects of victimisation.
Goal Two
Increase compliance with international and domestic victims’ rights law.
Success
By drawing attention to acts and omissions contrary to victims’ rights, WSV helps improve the treatment ofvictims.
Strategies• Help design and facilitate delivery of victim assistance programmes that match victims’ needs.
• Inform individuals, governments, businesses and civil society about their obligations regarding
treatment of victims and survivors.
• Promote the rights of victims of crime and abuse of power.
• Help victims and survivors exercise their rights and access assistance.
• Encourage mechanisms to enforce victims’ rights and comply with these obligations
Goal Three
All nations have accessible, fair and just civil, criminal and administrative justice systems.
Success
WSV’s policies, practices and activities have helped make justice systems throughout the world moreaccessible, more inclusive, just and more equitable for victims and survivors.
Strategies• Pursue reforms that make criminal justice systems more timely and effective for victims and survivors,
without unduly impacting on the rights of the accused.
• Encourage justice reforms that benefit victims and survivors, whilst being inclusive of suspects,
defendants and offenders’ needs, as well as criminal justice practitioners’ needs.
• Recommend ways to make it easier for victims and survivors to interact with those tasked to helpthem.
• Consult victims, survivors and others affected by proposed justice reforms, and ensure as far as
reasonably practical that they are given a voice on decisions that affect them.
• Sponsor workshops, courses, and seminars to enhance Victimological knowledge and skills.
Goal Four
Recognised as a top expert, not-for-profit organization of excellence.
Success
WSV embraces innovation and improvement, manages resources efficiently, collaborates on and invests in
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ways to meet members’ expectations and encourages others to become members.
Strategies• Collaborate with WSV members, with other societies and associations that share the WSV’s purpose
and values and with international and domestic organizations such as the United Nations and theEuropean Union.
• Improve our services by asking for and listening to feedback from members and others.
• Use technology to keep members informed and make it easier for them and others to work with us.
• Invest in ways to share the WSV’s collective knowledge and skills to deliver results.
• Recognise and value our members.
(Retrieved on January 28, 2022, from: http://www.worldsocietyofvictimology.org/about-us/strategic-plan/).

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APPENDIX B
World Society of Victimology
Recommendations to the 11th UN Crime Congress
Bangkok, Thailand
April 2005
The WSV calls on Member States to take the following actions through the UN Crime Prevention andCriminal Justice Programme as well as through their national overseas development agencies:
1. Victim Assistance Programmes
Invest in projects to implement victim assistance and support, including services provided to women andchildren by non-governmental organizations, health and mental health, and police professionals.
2. Research and Surveys
Invest in research to assess the extent to which victims receive services and justice as well as surveys tomeasure the extent of victimization and its impact, including the international victim survey and a regularsurvey focused on domestic violence.
3. Education and Training
Develop standards for police, lawyers, health professionals and others as well as establish appropriate training
and educational courses.
4. Legislation
Adopt legislation that puts the principles in the UN Victim Declaration into the language of Member Statesin a form that it provides a framework for the implementation of the Declaration.
5. Permanent Network for Victim Assistance and Justice
Establish a permanent network of centres concerned with research, training, education, and action forvictims.
6. Prevention
Implement national crime prevention programmes consistent with the UN Guidelines and the recommendationsof the World Health Organization to significantly reduce violence and criminal victimization with a priority
to violence within the family.
7. Convention
Establish the process to develop a draft convention for consideration by the UN Commission on Crime
Prevention and Criminal Justice in the immediate future to foster universal implementation of the UN Victim
Declaration.

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APPENDIX C
Five Global Challenges from the Field(New Directions from the Field: Victims’ Rights and Services for the 21st Century, 1978)
While compiling the hundreds of recommendations from the field and in listening to the voices of victims,
their advocates, and allied professionals who work with crime victims throughout the nation, certain key
recommendations emerged. The following five global challenges for responding to victims of crime in the
21st century form the core of the hundreds of ideas and recommendations presented in this report.
•

To enact and enforce consistent, fundamental rights for crime victims in federal, state, juvenile, military,and tribal justice systems, and administrative proceedings.

•

To provide crime victims with access to comprehensive, quality services regardless of the nature of their
victimization, age, race, religion, gender, ethnicity, sexual orientation, capability, or geographic location.

•

To integrate crime victims’ issues into all levels of the nation’s educational system to ensure that justice
and allied professionals and other service providers receive comprehensive training on victims’ issues aspart of their academic education and continuing training in the field.

•

To support, improve, and replicate promising practices in victims’ rights and services built upon soundresearch, advanced technology, and multidisciplinary partnerships.

•

To ensure that the voices of crime victims play a central role in the nation’s responses to violence andthose victimized by crime.

New Directions provides recommendations that point specifically to the implementation of these five global
challenges. Each section and chapter are based upon papers submitted by leading experts in the field as wellas the input of victim advocates, justice system and allied professionals, crime victims, and others who
participated in public hearings, working group meetings, and those who provided individual comments andreview as the document progressed towards completion.

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APPENDIX D
List of Key Dates for Victimology and Victim Assistance• 	 1924  Edwin Sutherland included a chapter on victims in his new textbook Criminology.
• 	 1937  Beniamin Mendelsohn published his early writings on the rapist and his victim.
• 	 1940  Hans von Hentig published an article on victim and criminal interactions.
• 	 1947  Beniamin Mendelsohn coined the term and explained his concept of “victimology” in a speech to
the Romanian Society of Psychiatry in Bucharest on 29 March (Hoffman 1992).
• 	 1948  Hans von Hentig published his textbook The Criminal and His Victim: Studies in the Sociology of
Crime.
• 	 1949  Frederic Wertham first used the word “victimology” in English in his book Show of Violence.
•

1956 Beniamin Mendelsohn proposed the term and concept “victimology” in a French language journal,
Revue International de Criminologie et de Police Technique et Scientifique. Geneva.

• 	 1957  Margery Fry proposed victim compensation in an article “Justice for Victims” in The Observer on
July 7.
• 	 1958  Marvin Wolfgang studied homicide victims; and used the term “victim precipitation”.
• 	 1963  New Zealand enacted the first state supported Criminal Compensation Act.
•

1965  California is the first state in the USA to enact state supported victim compensation law.

• 	 1966  Japan enacts their state supported Criminal Indemnity Law.
• 	 1966  USA conducted a national survey to measure crime victims not reported (dark figure).
• 	 1967  Canada creates a Criminal Compensation Injuries Act as does Cuba and Switzerland.
• 	 1967   Beniamin Mendelsohn gave a paper introducing his General Victimology theory applied to thehorrors of genocide.
• 	 1968   Stephen Schafer wrote the first English language victimology textbook The Victim and His
Criminal: A Study in Functional Responsibility.
• 	 1969 Beniamin Mendelsohn published his General Victimology genocide presentation from his 1967 paper.
• 	 1971  Erin Pizzey started the world’s first domestic violence centre Chiswick Aid Center, in London, UK
and wrote the first book about domestic violence, in 1974.
• 	 1972  The first three victim assistance programmes are created in USA St. Louis, Missouri, San Francisco,California and in Washington, D. C.
• 	 1973  The first (triennial) International Symposium on Victimology held in Jerusalem, Israel.
• 	 1974  The first police-based victim advocate project started in Fort Lauderdale, Florida, USA.
• 	 1975  The first “Victim Rights’ Week” is organized by the Philadelphia District Attorney, Pennsylvania,
USA.
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1975 Susan Brownmiller wrote one of the first books about rape, Against Our Will: Men, Women and
Rape, USA.

• 	 1976  John Dussich launched the National Organization of Victim Assistance (NOVA) in Fresno, California,USA.
• 	 1976  Emilio Viano launched the first scholarly journal Victimology, An International Journal.
• 	 1976  James Rowland created the first Victim Impact Statement in Fresno, California, USA.
• 	 1979   The World Society of Victimology (WSV) is founded in Mȕnster, Germany (see:   http://www.
worldsocietyofvictimology.org/).
• 	 1980   Mothers Against Drunk Drivers (MADD) is founded by Candi Lightner after one of her twin
daughters was killed by a drunk driver who was a repeat offender.
• 	 1981  President Ronald Reagan proclaims the First National Victims’ Rights Week in April.
• 	 1982  The first Victim Impact Panel was established by MADD to educate drunk drivers about how their
victims suffered, started in Rutland, Massachusetts, USA.
• 	 1982 The first WSV newsletter called The Victimologist was published; the editors have been Gerd
Kirchhoff, Elmar Weitekamp, Jo-Anne Wemmers, and Michael O’Connell. •1983 The first victimology
course is taught in the United States by John Dussich at the California State University, Fresno.
• 	 1984 The Victims of Crime Act (VOCA) establishes the national Crime Victims Fund from federal crimefines to pay for state victim compensation and services.
• 	 1984 The first two-week Course on Victimology and Victim Assistance, hosted by the Inter-University
Centre for Post Graduate Studies and the World Society of Victimology, held in Dubrovnik, Yugoslavia
with Co-directors; Paul Šeparović, Gerd Kirchhoff, and Paul Friday.
• 	 1985 The United Nations unanimously adopts the Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power.
• 	 1985 The Council of Europe Recommendation on the Position of the Victim in the Framework of Criminal
Law and Procedure is adopted.
• 	 1987 The US Department of Justice opens the National Victims Resource Centre in Rockville, Maryland.
• 	 1988 The first “Indian Nations: Justice for Victims of Crime” conference is held by the Office for Victimsof Crime in Rapid City, South Dakota, USA.
• 	 1989 The journal International Review of Victimology was founded by John Freeman in London, UK.
• 	 1990 Victim Support Europe was launched. “Victim Support Europe (VSE) is the leading European
umbrella organization advocating on behalf of all victims of crime. VSE represents 61 national member
organizations, providing support and information services to more than 2 million people affected by crime
every year in 31 European countries." (www.victimsupporteurope.eu). The European Forum for Victim
Services was founded by all the national organizations in Europe working for victims of crime inconsultative status with the Council of Europe and the UN.
• 	 1998 Under the auspices of the United Nations, The Rome Statute was adopted and ratified as a treaty
to establish the International Criminal Court with a Victim Witness Unit which entered into force on July
17.

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VISITING EXPERT’S PAPER• 	 1999 The United Nations and the US Office for Victims of Crime publish the Guide for Policymakers on
the Implementation of the United Nations Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power and the Handbook on Justice for Victims: On the Use and Application of the United
Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
• 	 2002 On July 1 the International Criminal Court (ICC) became effective. It is the only international courtwith jurisdiction to prosecute persons for genocide, crimes against humanity, war crimes, and the crimeof aggression. It’s prosecutor’s office included the creation of a Victim and Witness Unit.
• 	 2003 On October 2nd the Tokiwa International Victimology Institute (TIVI), in Mito Japan opened its
doors to promote victim rights, to conduct seminars, courses, publish an international journal, and hostannual symposia and lectures and conduct research on victimology and victim services. TIVI was under
the leadership of John Dussich for ten years.
• 	 2003 The American Society of Victimology was founded in Kansas City, Kansas at the First American
Symposium on Victimology.
• 	 2004 Japan puts the UN’s Declaration into their national legislation by adopting the new Fundamental
Act for Crime Victims. To ensure that these principles would be initiated, the Prime Minister establisheda cabinet level committee. The new law included services for victims, restitution from the offender,
information about criminal justice and a right to formally participate in the criminal justice process.
• 	 2004 The journal Victimología was founded by Hilda Machiori in Cordoba, Argentina.
• 	 2004 The journal International Perspectives in Victimology was founded by John P. J. Dussich in Mito,
Japan.
• 	 2005 In the Netherlands, the TiIburg University established the International Victimology InstituteTilburg (INTERVICT). Its mission was “Working towards a comprehensive, evidence-based body ofknowledge of victim empowerment.” This institute was under the leadership of Marc Groenhuijsen until
its closure in 2015.
• 	 2015 Revista de Victimología / Journal of Victimology founded by Josep M. Tamrit Sumalla in Barcelona,
Spain.
• 	 2018 The Journal of Victimology, and Victim Justice, founded by GS Bajpai in New Delhi, India.
• 	 2019 Victim Support Asia was launched under the sponsorship of Victim Support Europe at its first
conference in Seoul, Korea, on March 26.
• 	 2021 On December 29 Archbishop Desmond Tutu passed away. He was a member of the first Board of
Directors of the Trust Fund for Victims at the ICC.
• 	 2021 On December 20 the office of the ICC Prosecutor launched public consultation on “a new policy
initiative to advance accountability for the crime against humanity of persecution on the grounds ofgender under the Rome Statue” (ICC; retrieved on January 25, 2022, from: http://www.icc-cpi.int/).
• 	 2022 The World Society of Victimology holds it 17th International Victimology Symposium in Donostia/
San Sabastian, Basque Country, Spain June 5-9.

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APPENDIX E

United Nations                                                                          A/RES/40/34

General AssemblyDistr. GENERAL
29 November 1985
ORIGINAL:ENGLISH________________________________________________________________________________________________
A/RES/40/34
29 November 1985
96th plenary meeting

Declaration of Basic Principles of Justicefor Victims of Crime and Abuse of PowerThe General Assembly,
Recalling that the Sixth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders recommended that the United Nations should continue its present work on the development ofguidelines and standards regarding abuse of economic and political power,
Cognizant that millions of people throughout the world suffer harm as a result of crime and the abuse of
power and that the rights of these victims have not been adequately recognized,
Recognizing that the victims of crime and the victims of abuse of power, and also frequently their families,
witnesses and others who aid them, are unjustly subjected to loss, damage or injury and that they may, in
addition, suffer hardship when assisting in the prosecution of offenders,
1. Affirms the necessity of adopting national and international measures in order to secure the universal
and effective recognition of, and respect for, the rights of victims of crime and of abuse of power;
2. Stresses the need to promote progress by all States in their efforts to that end, without prejudice tothe rights of suspects or offenders;
3. Adopts the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
annexed to the present resolution, which is designed to assist Governments and the international
community in their efforts to secure justice and assistance for victims of crime and victims of abuseof power;
4. Calls upon Member States to take the necessary steps to give effect to the provisions contained in the
Declaration and, in order to curtail victimization as referred to hereinafter, endeavour:(a) To implement social, health, including mental health, educational, economic and specific crime
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prevention policies to reduce victimization and encourage assistance to victims in distress;(b) To promote community efforts and public participation in crime prevention;(c) To review periodically their existing legislation and practices in order to ensure responsiveness tochanging circumstances, and to enact and enforce legislation proscribing acts that violate
internationally recognized norms relating to human rights, corporate conduct, and other abuses ofpower;(d) To establish and strengthen the means of detecting, prosecuting and sentencing those guilty ofcrimes;(e) To promote disclosure of relevant information to expose official and corporate conduct to public
scrutiny, and other ways of increasing responsiveness to public concerns;(f) To promote the observance of codes of conduct and ethical norms, in particular international
standards, by public servants, including law enforcement, correctional, medical, social service andmilitary personnel, as well as the staff of economic enterprises;(g) To prohibit practices and procedures conducive to abuse, such as secret places of detention andincommunicado detention;(h) To co-operate with other States, through mutual judicial and administrative assistance, in suchmatters as the detection and pursuit of offenders, their extradition and the seizure of their assets,
to be used for restitution to the victims;
5. Recommends that, at the international and regional levels, all appropriate measures should be taken:(a) To promote training activities designed to foster adherence to United Nations standards and norms
and to curtail possible abuses;(b) To sponsor collaborative action-research on ways in which victimization can be reduced and victims
aided, and to promote information exchanges on the most effective means of so doing;(c) To render direct aid to requesting Governments designed to help them curtail victimization andalleviate the plight of victims;(d) To develop ways and means of providing recourse for victims where national channels may beinsufficient;
6. Requests the Secretary-General to invite Member States to report periodically to the General Assemblyon the implementation of the Declaration, as well as on measures taken by them to this effect;
7. Also requests the Secretary-General to make use of the opportunities, which all relevant bodies andorganizations within the United Nations system offer, to assist Member States, whenever necessary,in improving ways and means of protecting victims both at the national level and through international
co-operation;
8. Further requests the Secretary-General to promote the objectives of the Declaration, in particular by
ensuring its widest possible dissemination;
9. Urges the specialized agencies and other entities and bodies of theUnited Nations system, otherrelevant intergovernmental and non-governmentalorganizations and the public to co-operate in theimplementation of theprovisions of the Declaration.

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ANNEX
Declaration of Basic Principles of Justice for Victims.
of Crime and Abuse of Power
A. Victims of Crime
1. "Victims" means persons who, individually or collectively, have suffered harm, including physical ormental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that are in violation of criminal laws operative within Member States,
including those laws proscribing criminal abuse of power.
2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator
is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between
the perpetrator and the victim.  The term "victim" also includes, where appropriate, the immediatefamily or dependants of the direct victim and persons who have suffered harm in intervening to assist
victims in distress or to prevent victimization.
3. The provisions contained herein shall be applicable to all, without distinction of any kind, such as race,
colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or practices,
property, birth or family status, ethnic or social origin, and disability.
Access to justice and fair treatment
4. Victims should be treated with compassion and respect for their dignity. They are entitled to accessto the mechanisms of justice and to prompt redress, as provided for by national legislation, for theharm that they have suffered.
5. Judicial and administrative mechanisms should be established and strengthened where necessary toenable victims to obtain redress through formal or informal procedures that are expeditious, fair,
inexpensive and accessible.  Victims should be informed of their rights in seeking redress throughsuch mechanisms.
6. The responsiveness of judicial and administrative processes to the needs of victims should be facilitatedby:(a) Informing victims of their role and the scope, timing and progress of the proceedings and of thedisposition of their cases, especially where serious crimes are involved and where they haverequested such information;(b) Allowing the views and concerns of victims to be presented and considered at appropriate stagesof the proceedings where their personal interests are affected, without prejudice to the accused andconsistent with the relevant national criminal justice system;(c) Providing proper assistance to victims throughout the legal process;(d) Taking measures to minimize inconvenience to victims, protect their privacy, when necessary, andensure their safety, as well as that of their families and witnesses on their behalf, from intimidation
and retaliation;(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees
granting awards to victims.
7. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary
justice or indigenous practices, should be utilized where appropriate to facilitate conciliation andredress for victims.

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Restitution
8. Offenders or third parties responsible for their behaviour should, where appropriate, make fairrestitution to victims, their families or dependants. Such restitution should include the return ofproperty or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of
the victimization, the provision of services and the restoration of rights.
9. Governments should review their practices, regulations and laws to consider restitution as an available
sentencing option in criminal cases, in addition to other criminal sanctions.
10. In cases of substantial harm to the environment, restitution, if ordered, should include, as far as
possible, restoration of the environment, reconstruction of the infrastructure, replacement of community
facilities and reimbursement of the expenses of relocation, whenever such harm results in thedislocation of a community.
11. Where public officials or other agents acting in an official or quasi-official capacity have violated
national criminal laws, the victims should receive restitution from the State whose officials or agentswere responsible for the harm inflicted.  In cases where the Government under whose authority thevictimizing act or omission occurred is no longer in existence, the State or Government successor intitle should provide restitution to the victims.
Compensation
12. When compensation is not fully available from the offender or other sources, States should endeavour
to provide financial compensation to:(a) Victims who have sustained significant bodily injury or impairment of physical or mental health as aresult of serious crimes;(b) The family, in particular dependents of persons who have died or become physically or mentally
incapacitated as a result of such victimization.
13. The establishment, strengthening and expansion of national funds for compensation to victims should
be encouraged.  Where appropriate, other funds may also be established for this purpose, including
those cases where the State of which the victim is a national is not in a position to compensate thevictim for the harm.
Assistance
14. Victims should receive the necessary material, medical, psychological and social assistance throughgovernmental, voluntary, community-based and indigenous means.
15. Victims should be informed of the availability of health and social services and other relevant assistanceand be readily afforded access to them.
16. Police, justice, health, social service and other personnel concerned should receive training to sensitize
them to the needs of victims, and guidelines to ensure proper and prompt aid.
17. In providing services and assistance to victims, attention should be given to those who have special
needs because of the nature of the harm inflicted or because of factors such as those mentioned inparagraph 3 above.
B. Victims of abuse of power
18. "Victims" means persons who, individually or collectively, have suffered harm, including physical ormental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that do not yet constitute violations of national criminal laws but of133

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internationally recognized norms relating to human rights.
19. States should consider incorporating into the national law norms proscribing abuses of power andproviding remedies to victims of such abuses. In particular, such remedies should include restitution
and/or compensation, and necessary material, medical, psychological and social assistance and support.
20. States should consider negotiating multilateral international treaties relating to victims, as defined inparagraph 18.
21. States should periodically review existing legislation and practices to ensure their responsiveness tochanging circumstances, should enact and enforce, if necessary, legislation proscribing acts that
constitute serious abuses of political or economic power, as well as promoting policies and mechanisms
for the prevention of such acts, and should develop and make readily available appropriate rights andremedies for victims of such acts.

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REFERENCES
Annon, Kofi, 2004, Foreword, United Nations Convention against Transnational Organized Crime, United
Nations Headquarters, New York, NY, page iii (retrieved January 26, 2022, from: http://www.unodc.
org).
Arif, Besa, 2015, Relevance Of Magna Carta To Rights Of Victims Of Abuse Of Power, Seeu Review, vol. 11,
Issue 1. (retrieved January 23, 2022 from http://www.researchgate.net; DOI: 10.1515/seeur-2015-0008).
Bassiouni, M. Cherif, (ed.), 1988, Preface, International Protection of Victims, 7 Novelles Etudes Pénales,
Association International de droit Pénal, érès, Siracusa, Italy: Zangarastampa.
Beccaria, Cesare, 1764. Dei dellitti e delle pene. Livorno, Italia.
Brownmiller, Susan, 1975, Against Our Will: Men, Women and Rape, New York, NY: Simon & Shuster.
COPS, COPS Office Report, 100,000 Officers and Community Policing Across the Nation, U.S. Department ofJustice, Office of Community Oriented Policing Services, September 13, 1997:31.
Davis, Linda and Snyman, Rika, 2005, (eds.) Victimology in South Africa, Pretoria, South Africa: Schaik.
Doe, Norman, 2018, Comparative Religious Law: Judaism, Christianity, Islam, Cambridge, United Kingdom:
Cambridge University Press.
Domingo, Rafael, 2018, Roman Law: An Introduction, New York, NY: Rutledge Press.
Dussich, John P. J., 1997, The Institute of Victimology in Sarajevo (IVS) in The Victimologist, Newsletter ofthe World Society of Victimology, Vol. 1, No. 2 December.
Dussich, John P. J., 2003, History, Overview & Analysis of American Victimology and Victim Services
Education. In Exploration of Higher Education and Professional Practice – Proceedings of the first
American symposium on Victimology, Kansas City, Kansas, (retrieved January 29, 2022, from: https://studylib.net/doc/8197906/the-proceedings-from-the-first-american-symposium-of-victimology).
Dussich, John P. J. ,2005, Victimology, Past, Present, and Future, in the Proceedings of the 131st United
Nations Far East Institute, The Use and Application of the UN Declaration of Basic Principles of Justicefor Victims of Crime and Abuse of Power – Twenty Years after its Adoption, 27 September, page 116.
Dussich, John and Kiyoko Kishimoto, 2000, Victim Assistance in Japan: History, Culture and Programmes. In
Paul C. Friday and Gerd Ferdinand Kirchhoff (editors) Victimology at the Transition: From the 20 th
to the 21 st Century: Essays in Honor of Hans Joachim Schneider.     Mönchengladbach, Germany:
Shaker Verlag.
Dussich, John P. J., 2016, Victim Recovery. In Karen Corteen, Shanon Morley, Paul Taylor, and Joanne
Turner (eds.), Crime, Harm, and Victimisation, Bristol, United Kingdom: Policy Press at the Universityof Bristol.
Ellenberger, Henri. 1955. Relations psychologiques entre le criminel et la victime. Revue Internationalde Criminologie et de Police Technique Vol. 8: 757-790.
Ferri, Enrico, 1892, Sociologia Criminale, 3ed. Torino, Italia: Fratelli Bocca, Editori
Freckelton, Ian, 2004, Compensation for Victims of Crime in Hendrik Kaptein and Marijke Malsch (eds),
Crime, Victims and Justice: Essays on Principles and Practice, Farnham, UK: Ashgate Publishing.
Garófalo, Raffaelle, 1885, Criminologia. Torino, Italia: Bocca Editori.

135

RESOURCE MATERIAL SERIES No. 114
Groenhuijsen, Marc, and Letschert, Rianne, (eds.), 2008, Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters, in Compilation of International Victim’s Rights Instruments, second(revised) edition, Tilburg and Nijmegen respectively: Intervict in cooperation with Wolf Legal
Publishers.
Hentig, Hans von, 1940, Remarks on the Interaction of Perpetrator and Victim, Journal of Criminal Law andCriminology, vol. 31, Issue 3, September-October.
Hentig, Hans von, 1948, The Criminal and His Victim: Studies in the Sociobiology of Crime. New Haven, CT:
Yale University Press.
Hoffman, Hanoch, 1992, What did Mendelsohn Really say? In Sarah Ben David and Gerd Ferdinand Kirchhoff(eds.) International Faces of Victimology, Mönchengladbach, Germany:  WSV Publishing.
Horne, Charles F., 1915, The Code of Hammurabi: Introduction, Ancient History Sourcebook: Code of
Hammurabi, c. 1780 BC. (retrieved on December 22, 2022 from https://sourcebooks.fordham.edu/
ancient/hamcode.asp).
International Criminal Court, announcement: (retrieved on January 25, 2022 from https://www.icc-cpi.int/).
Kirchhoff, Gerd Ferdinand and Klaus Sessar, (eds.) 1979, Das Ferbrechens Opfer, Bochum, Germany:
Studienverlag Dr. Norbert Brockmeyer.
Kirchhoff, Gerd F. and Morosawa, Hidemichi, 2009, The Study of Victimology Basic Considerations for the
Study of Theoretical Victimology, in Frans Willen Winkel, Paul C. Friday, Gerd F. Kirchhoff and
Rianne M. Letschert (eds.) Victimization in a multidisciplinary key: Recent Advances in Victimology,
Nijmegen, The Netherlands: Wolf Legal Publishers.
Kramer, Samuel Noah, 1988, History Begins at Sumer Thirty-Nine Firsts in Recorded History. Third Edition,
Philadelphia, Penn: University of Pennsylvania Press.
Landau, Simha F. and Sebba, Leslie, 1998, Victimological Research in Israel: Past and Current Perspectives,in Robert R. Friedmann (ed.) Crime and Criminal Justice in Israel; Assessing the Knowledge Base
Toward the Twenty-First Century, New York, NY: State University of New York Press.
Latimer, Jeff, and Kleinknecht, Steven, 2000, The Effects of Restorative Justice Programming: A Review of
the Empirical RR2000-16e, Department of Justice, Canada. January, (retrieved on February 26, 2022,
from: https://www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/rr00_16/index.html).
Lombroso, Cesare, 1876, L’Uomo Delinquente. Torino: Italia: Fratelli Bocca, Editori.
Mendelsohn, Beniamin, 1937, Mćthode à Utiliser par le Dćfenseur pour les Recherches Concernant la
Personnalite du Criminel, (Methods to be used by counsel for the defence in the research made into
the personality of the criminal). Revue de Droit Penal et Criminologie et Archives Internationales deMédicine Legal. Brussels, Belgium, août-sept-oct, pp.877-891.
———. 1940, Il Stupro dentro la Criminologia. Giustizia Penale, Rome, Italy.
______, 1947, Une nouvelle branche de la science bio-psycho-sociale, la victimologie, (A New Branch of BioPsycho-Social Science, Victimology), speech made to the members of the Romanian Psychiatric Society
in the Coltzea Hospital, Bucharest, Romania on March 29 th.
———.1956, Une nouvelle branche de la science bio-psycho-sociale, la victimologie. (A New Branch of BioPsycho-Social Science, Victimologie), Revue Internationales de Criminologie et de Police Technique,February, Genève, CH.
______, 1967, Le Rapport Entre la Victimologie et la Problem du Genocide (Schema d’un Code du Genocide),136

VISITING EXPERT’S PAPER
speech made at the International Congress on the Prevention of Genocide, Paris, France, July 10-13.
______, 1969, Le Rapport Entre la Victimologie et la Problem du Genocide (Schema d’un Code du Genocide),
Etudes de Psycho-sociologie Criminelle, Paris, 16-19.
______.1976, Victimology and Contemporary Society’s Trends, in Emilio C. Viano (ed.) Victims and Society,
Washington D. C.: Visage Press.
Miyazawa, Koichi, 1965, Basic Theory of Victimology, Tokyo, Japan: Sekaishoin.
Miyazawa, Koichi, 1986, Comparative Aspects of Victimology – Reflexions on the Fourth International
Symposium on Victimology, in Koichi Miyazawa and Minoru Ohya (eds,) Victimology in Comparative
Perspective, Tokyo, Japan: Seibundo Publishing Co. Ltd.
Morosawa, Hidemichi, 1998, An Interdisciplinary Study of Victim and Victimization, (in Japanese), July 1.
Tokyo, Japan: Seibundoh.
Morosawa, Hidemichi, 2012, Opening Address; The 13th International Symposium on Victimology August 23,
2009, in Hidemich Morosawa, John P. J. Dussich and Gerd Ferdinand Kirchhoff (eds.), Victimology and
Human Security: New Horizons, Nijmegen, The Netherlands: Wolf Legal Publishers.
Morosawa, Hidemichi, 2016, Victimology, (in Japanese), September 1, Tokyo, Japan: Seibundoh.
Nagel, Willem Hendrik, 1949, De criminaliteit van Oss. Antwerpen, Netherlands: de Sikke.-Social Science –Victimology.
Nagel, Willem Hendrik, 1963, The Notion of Victimology and Criminology, Excerpta Criminologica, Vol. 3
May-June, pp. 245-247.
Nakata, Osamu 1958, Victimology of Mendelsohn, Acta Criminologiae et Medicinae Legalis Japonica, Vol. 24.
New Directions from the Field: Victims’ Rights and Services for the 21st Century 1998, Office for Victims of
Crime, U. S. Department of Justice, U. S. Government Printing Office, Washington, D. C.
O’Connell, Michael, 2020, Teaching Victimology: Yesterday, Today and Tomorrow – a South Australianperspective, in Beulah Shekhar and Sanjeev P. Sahni (eds.) A Global Perspective of Victimology andCriminology: Yesterday, Today and Tomorrow – A Festschrift for Professor Dr. K. Chockalingam 50
Years of Teaching in the Field of Victimology, New Delhi, India: Bloombury.
Pizzey, Erin, 1974, Scream quietly or the neighbors will hear, London, GB: Penguin Books.
Principles and Guidelines for Restorative Justice Practice in Criminal Matters, 2018, Federal-ProvincialTerritorial Meeting of Ministers Responsible for Justice and Public Safety, Canadian Intergovernmental
Conference Secretariat, (retrieved on February 26, 2022, from: https://scics.ca/en/product-produit/
principles-and-guidelines-for-restorative-justice-practice-in-criminal-matters-2018/).
Radding, Charles M. and Ciaralli, Antonio, 2007, Corpus Iuris Civilis in the Middle Ages, Leiden, The
Netherlands: Koninklijk Brill NL.
Rajan, V. N. & Krishna, K. P., 1981, Problems of victims of homicide in Bangalore and Delhi, Institute of
Criminology and Forensic Science, New Delhi, India.
Schafer, Stephen, 1968, The Victim and His Criminal: A Study in Functional Responsibility, New York, NY:
Random House.
Singh, D.R., 1978, Victims of Dacoit gangs in Chambal Valley, Unpublished Ph.D. thesis, University of Sagar,
Madhya Pradesh, India.
137

RESOURCE MATERIAL SERIES No. 114

Smith, Dietrich L. and Weis, Kurt, 1976, Toward an Open-System Approach to Studies in the Field ofVictimology, in Emilio Viano (ed.) Victims and Society, Washington D. C., USA: Visae Press, Inc.
Snyman, H. F, Rika, 1997, Victim Empowerment and Support in South Africa, in The Victimologist, Vol. 1,
Number 1, August.
Sutherland, Edwin H., 1924, Criminology. Philadelphia, PA: J. B. Lippincott Company.
Webster’s, 1971, Third New International Dictionary of the English Language Unabridged, ed., Philip Babcock
Gove and the Merriam-Webster Editorial Staff. Springfield, MA: GG. & C. Merriam Company, Publishers.
Wemmers, Jo-Anne, 2003, Introduction à la victimologie, Le Presses de l’Universitć de Montrćal, Canada.
Wemmers, Jo-Anne M., 2017, Victimology: A Canadian Perspective, University of Toronto Press, Canada.
Wertham, Frederic, 1949, The Show of Violence. New York, NY: Doubleday.
Wolfgang, Marvin E., 1958, Patterns in Criminal Homicide. Philadelphia, PA: University of Pennsylvania
Press.
WSV, 2013, News and Announcements, Affiliated Organizations, World Society of Victimology website,(retrieved on March 2, 2022, from; http://www.worldsocietyofvictimology.org/nationalvs/japan.html

138PARTICIPANTS’ PAPERSPROTECTION OF THE RIGHTS OF CRIME VICTIMS INCLUDINGCHILDREN: THE KENYAN RESPONSE TO CHILD VICTIMS
Caroline Karimi Kariuki*

I. INTRODUCTION
A. Current Situation of Protection of the Rights of Child Victims
Kenya has made great strides in creating a comprehensive legislative framework on the protection of therights of child victims.1 Kenya enacted the Victim Protection Act2 (VPA) in order to safeguard and upholdthe dignity and well-being of the victims in the justice system and to breathe life into Article 50 (9) theConstitution of Kenya, 2010. The objects of the VPA3 are:i) Provision of support services
The VPA makes provision for victim support services which include, inter alia, psycho-social support,4
medical support5 and the right to protection and security.6ii) Active involvement in court processes
This practice is popularly known as “watching Brief”. It is a practice that was developed in Englandas legal tool for protection of child victims in the criminal justice system.7 The victim is entitled to amyriad of rights in Kenya,8 which include the right to be present during trial, the right to submit on
bail/bond and sentence,9 the right to a legal representative of their choice, the right to be informed inadvance of the evidence the prosecution and defence intend to rely on, the right to present their views,
concerns and statements of the impact of the offence in court and the right to choose whether or not
to participate in restorative justice.
iii) Protection measures before and during trial
Once a child victim enters the criminal justice system, the duty bearers are impressed upon by law
to ensure that their vulnerabilities are assessed and appropriate measures are put in place. These
include referral to the Witness Protection Agency or place of safety,10 protection measures for thechild victim during giving of evidence such as use of protection boxes, use of intermediaries, reductionof statements, in-camera proceedings etc.11iv) Infrastructure
Kenya has made significant progressive steps towards putting in place policies and infrastructure suchas separate holding places for children referred to Child Protection Units (CPU) at police stations,places of safety such a Remand homes and shelters, the Victim Protection Trust Fund, One-stop*

Senior Principal Prosecution Counsel, Children Division and Anti-FGM Unit, Office of the Director of Public Prosecutions,
Kenya.
1
The Sexual Offences Act (SOA) No. 3 of 2006, the Children Act, 2001, the Counter-trafficking in Persons Act No.8 of 2010.
2[Act No. 17 of 2014, Legal Notice 43 of 2015.]; and the Sexual Offences Act (SOA) No. 3 of 2006.
3
Section 3.
4
Also in Section 31 and 32 of the SOA.
5
Also in Section 35 SOA.
6
Section 10, 11 and 14 of the VPA.
7
Patmalar Ambikapathy, ‘The use of Watching Brief as a legal tool for the Protection of Child Victims in the Criminal
Justice Process’ (Malaysia).
8
Section 9 of the VPA, 2014.
9
Mary Kinya Rukwaru vs. Ragunathan Santosh & Another [2014] eKLR; Joseph Lendrix Waswa v Republic [2019] eKLR.
10The Witness Protection Act, the Children Act, the VPA.
11
Section 31 of the SOA, section 76 of the Children Act, section 8 and 9 of the VPA.

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Centre for Sexual and Gender based Violence victims (Policare)12 and toll-free hotlines,13 and the Officeof the Director of Public Prosecutions (ODPP) is in the final stages of setting up seven child-friendly
interview rooms across the Country.

II. CHALLENGES
Notwithstanding all these classic efforts towards victim protection, the journey of the child victim throughthe criminal justice system leaves the child with a bitter after-taste and sometimes in a worse state due tothe secondary victimization occasioned (whether inadvertently or not) by the very system that was intended
to restore the child’s well-being and self-worth.
On the one hand, the attitudes of duty bearers handling the victims, the social and cultural response of
the society to the victims of especially sexual offences, the handling of interviews/interrogation andobservance of the rights of victims during trial and investigations are the key areas in which secondary
victimization is perpetrated.
On the other hand, secondary victimization manifests through the victims themselves. This is by victims
lacking knowledge of when and where to report an offence.14 According to the Violence against Children
Report (VAC),15 a service seeking survey for victims of sexual abuse showed that 24.7 per cent of the females
and 12.9 per cent of the males of 18–24-year-olds knew where to seek professional help, whereas 28.3 per centof children between 13 and 17 years knew where to seek professional help. For those between 18 and 24
years, 6.8 per cent of the females and 2.1 per cent of the males tried to get professional help, whereas forchildren between 13 and 17 years, 7.9 per cent tried to get professional help. These low percentages are an
indication that victims do catalyse the process of secondary victimization.
Notably several challenges present an obstacle to reducing or eliminating secondary victimization. Theseare:(i) Lack of cooperation and coordination among the key government agencies. This leads to a breakdownof communication and response in the management of the child victim.
(ii) Lack of information and knowledge of the victim services that exist, where they are situated and how
to access them.16 In addition, most duty bearers in the justice system do not know what secondary
victimization is and, therefore, cannot recognize it when it manifests during their interactions withvictims. Consequently, they cannot address it.
(iii) Unskilled professionals and poor attitude of duty bearers within the justice system on victim
management. Police officers, prosecutors and judicial officers do not possess the necessary skills tohandle victims and especially child victims. What's more, the attitude of the duty bearers towards thevictims is more often than not gravely wanting.
(iv) Lack of data on the number of victims. A country that cannot account for the number of victims being
processed through its justice system cannot make any realistic strategic provision for them, neither
can it benefit from facts that qualified data can provide.
(v) Lack of financial and human resource allocations by the Government. This manifests in lack ofgovernment infrastructure such as safe houses for vulnerable/at-risk victims and lack of resources for
institutions to build the capacity of their personnel on victim management and support.

12

www.nationalpolice Service.go.keChild Helpline No. 116, 999, 1195/1193 Gender Based Violence, 1192 for Alcohol and Drug Abuse etc.
14
The Violence Against Children Report in Kenya, Findings from a 2010 National Survey, 59 – 71.
15
Supra.
16
VAC page 17
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III. SOLUTIONSThere does not exist a one-size-fits-all solution to addressing secondary victimization in the criminal
justice system. It is a clarion call on the government of the day to begin by understanding the underlying
issues that catalyse secondary victimization and that impede efforts to resolve the challenges of secondary
victimization. This can be achieved through the following ways:i) The Government should offer a strategic commitment to strengthen the existing legal and infrastructural
framework on protection of child victims and creation of strategic partnerships to cater for
insufficiencies.
ii) The Government must, thereafter, financially invest in human resources, physical and psycho-social
support for child victims at all levels. For instance, increasing the number of safe houses and thenumber of courtrooms that have witness protection boxes and video-conferencing equipment, andbuilding capacity of investigators and prosecutor on forensic interviewing of child victims.
iii) The state and non-state actors must create synergy by collaborating and coordinating their efforts in
how they manage the victims and information dissemination to the public on victim support.

141

UPHOLDING THE RIGHTS OF CRIME VICTIMS:A PHILIPPINE STANDPOINT
Giselle Marie S. Geronimo*

I. INTRODUCTION
The nature of the Philippine justice system ultimately reduces the role of the complaining victim into amere witness who is supposed to provide the evidence that is needed in order to prove the case. Thus, inthe prosecution of the offence, the complainant's role is limited to that of a witness for the prosecution.1 Beinga mere witness to the case, the risk of retraumatization can become high. Various stakeholders like the law
enforcement officers, prosecutors and judges tend to inadvertently forget that the victims have various
rights, other than being compensated as a form of support, that must be recognized and upheld. Victims haveto endure successive interviews and examinations of their harrowing experiences from the offenders, startingfrom the law enforcement officer to the prosecutor and finally before the trial court. When the victim is achild, another interview with a social worker may be added to the list. While the Philippines has recognized
the necessity of giving justice to the victims of crimes and not just bringing the perpetrators to the justicesystem, certain factors still deter its full realization.

II. CURRENT PROTECTIVE MEASURES FOR VICTIMS OF CRIMES
A. Restitution and Victim Support
A Victims Compensation Program2 exists in the country in recognition of the need to compensate victims
for the impact or even trauma that the commission of a violent crime3 against them may have caused andeven grants compensation for victims of unjust imprisonment. A maximum amount of Ten Thousand Pesos(Php4 10,000.00) may be given as compensation to a qualified claimant for expenses incurred for hospitalization,
medical treatment, loss of wage, loss of support or other expenses directly related to injury.
A Rape Crisis Center5 has been established to provide rape victims with psychological counselling,
medical and health services, free legal assistance and to adopt programmes for the recovery of rape victims.
Witnesses or victims of a grave felony6 who are subjected to threats to life or bodily injury may avail
themselves of the Witness Protection Program7 of the country. Victims of the crime of trafficking in persons
have preferential entitlement under this programme.8*

City Prosecutor of the City of San Fernando, Pampanga, Region III, National Prosecution Service, Department of Justice,
Philippines.
1
Yokohoma Tire Philippines Inc. v. Sandra Reyes and Jocelyn Reyes, G.R. No. 236686, 5 Feb. 2020.
2
Republic Act No. 7309 otherwise known as “Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes”, 30 Mar.1992.
3
Violent crimes under this law (R.A. No. 7309, Section 3-d) shall include rape and shall likewise refer to offences committedwith malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability,
insanity, abortion, serious trauma, or committed with torture, cruelly or barbarity.
4
Php stands for Philippine Peso. 1 USD is equivalent to PHP 51.28 based on the February 2022 exchange rate bulletin of the
Bangko Sentral ng Pilipinas (central bank of the Philippines).
5
Sec. 3, Republic Act No. 8505, otherwise known as the “Rape Victim Assistance and Protection Act of 1988”, 13 Feb. 1998.
6
Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods areafflictive, Section 9, Act No. 3815, known as “The Revised Penal Code”.
7
Republic Act No. 6981 otherwise known as the “Witness Protection, Security and Benefit Act”, 24 Apr. 1991.
8
Section 18, Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”.

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For the special protection of children, the Philippines has enacted several laws addressing the vulnerabilitiesof the younger age groups, including the rising number of online child abuse cases. The following laws are
all aimed at protecting child victims:
1. Republic Act No. 7610 or the “Special Protection of Children Against Abuse, Exploitation andDiscrimination Act” declared it a State policy “to provide special protection to children from all formsof abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to theirdevelopment; provide sanctions for their commission and carry out a programme for prevention anddeterrence of and crisis intervention in situations of child abuse, exploitation and discrimination”9;
2. Republic Act No. 9775 otherwise known as the “Anti-Child Pornography Act of 2009” defines andpenalizes a particular form of child abuse, which is child pornography. It declares among others, to“protect every child from all forms of exploitation and abuse”10; and3. Republic Act No. 9262 otherwise known as the “Anti-Violence against Women and their Children Act
of 2004” enumerates the rights of victims to be treated with respect and dignity, to avail themselvesof legal and support services from the government and to be informed of their rights and the services
available to them, including their right to apply for a protection order.11 In all these laws enumerated,the confidentiality of the identity of the victim is of paramount importance and is enjoined to berespected.
B. Preventing Secondary Victimization
In recognizing the need to address the peculiar needs of a child who is a victim of a crime, the Supreme
Court of the Philippines enacted the Rule on Examination of a Child Witness12 which allowed the use of livelink television testimony, screens, one-way mirrors and other devices to shield the child from the perpetrator
during the testimony in court.13 Consistent with its objective to minimize trauma to children, a videotaped
deposition presided by a judge may be done under this rule upon application by the prosecutor, counsel orguardian ad litem14 should the child victim or witness be unable to testify in open court at trial.15 On the other
hand, a videotaped and audiotaped in-depth investigative or disclosure interview16 in child abuse cases may
also be done and be admissible in court, subject to the following conditions:(a) The child witness is unable to testify in court on grounds and under conditions established under
section 28 (c).
(b) The interview of the child was conducted by duly trained members of a multidisciplinary team or
representatives of law enforcement or child protective services in situations where child abuse issuspected so as to determine whether child abuse occurred.
(c) The party offering the videotape or audiotape must prove that:(1) the videotape or audiotape discloses the identity of all individuals present and at all times includes
their images and voices;(2) the statement was not made in response to questioning calculated to lead the child to make aparticular statement or is clearly shown to be the statement of the child and not the product ofimproper suggestion;(3) the videotape and audiotape machine or device was capable of recording testimony;(4) the person operating the device was competent to operate it;
9Section 2, Republic Act No. 7610.
Section 2 (b), Republic Act No. 9775.
11
Section 35, Republic Act No. 9262.
12
A.M. No. 004-07-SC, 21 Nov. 2000.
13
Sections 25-26, Rule on Examination of a Child Witness.
14
A “guardian ad litem” is a person appointed by the court where the case is pending for a child who is a victim of, accusedof, or a witness to a crime to protect the best interests of the said child (Section 4 (e), Rule on Examination of a Child
Witness.
15
Section 27, Rule on Examination of a Child Witness.
16“In-depth investigative interview” or “disclosure interview” is an inquiry or proceeding conducted by duly trained membersof a multidisciplinary team or representatives of law enforcement or child protective services for the purpose of determining
whether child abuse has been committed (Section 4 (i), Rule on Examination of a Child Witness).
10

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PARTICIPANTS’ PAPERS(5) the videotape or audiotape is authentic and correct; and(6) it has been duly preserved.
The individual conducting the interview of the child shall be available at trial for examination by any
party. Before the videotape or audiotape is offered in evidence, all parties shall be afforded an opportunity toview or listen to it and shall be furnished a copy of a written transcript of the proceedings.17

III. THE CHALLENGES
There is a certain bar between the numerous laws and promulgated rules vis-à-vis the actual implementationin different jurisdictions in the country.
A. Role of Victims in the Criminal Proceedings
1. 	Lack of Coordination of Victims with the Prosecutors
The role of the victims in the criminal proceedings, being reduced to mere witnesses, and the opportunity
for victims to express their views and concerns in the criminal proceedings are sometimes taken for granted.
In fact, these victims are merely instructed to bring the necessary pieces of evidence which may be in theircustody and prepare them for their testimony in court. While their role and the procedure may be briefly
explained to them, the same may not be as thorough as it should be due to lack of time and the numerous
cases being prepared for trial. There are victims who are vigilant with their cases, but there are somevictims who are pressed for time and money who only attend the court proceedings without coordinatingwith the prosecutor prior to the trial date. In fact, there are some victims who, after their testimony in court,
never go back to court to look into the outcome of the case. It behoves the prosecutor to inform them to atleast be apprised of the disposition of the case. It may seem as though it is the choice of the victim to benonchalant about their case, but these victims could also need assistance in order to ascertain that they haveproperly moved on from the trauma caused to them and were in fact properly reintegrated back to society
after such a painful experience.
2. Non-appearance/Disappearance of Witnesses
Victims often fear for their safety and retreat from prosecuting the case in exchange for a life far fromtheir offenders. Some witnesses even just disappear for a number of reasons, despite the existence of a
Witness Protection Program in the country. The disappearance of witnesses can be due to various causes,
such as: a) at the initial stage of the proceedings, they have experienced revictimization due to insensitive or
judgmental reactions of others that unnecessarily augmented their suffering. In sexual abuse cases, somevictims have even experienced not being believed even by their own parents or relatives; b) some have
either been paid or intimidated or forced to desist from the prosecution of the case; and c) other victims have
simply made a rational choice to move on with their lives and forget the crime done.
B. Preventing Secondary Victimization
1. During the Investigation StageA criminal prosecution is initiated by the filing of a complaint to a prosecutor who shall then conduct a
preliminary investigation in order to determine whether there is probable cause to hold the accused for trial
in court.18 In this stage, the victim/private complainant shall be examined by the public prosecutor todetermine the existence of probable cause. This procedure takes place after the victim has already beeninterviewed by the law enforcement officer. From these stages, the victim has to recount all the dreadfulexperience in order to establish the elements of the crime allegedly committed. By narrating it all over again,
the victim unfortunately suffers retraumatization, only to find out that another more stressful questioning
will be done during the trial stage on direct and cross-examination. The quality of the testimony may vary
as well as some details may change or differ from the earlier statements.
This is even harder for child victims who refuse to talk even just at the sight of their offenders, as not all
the trial courts in the country have provisions for live-link testimony or a one-way mirror. The successive
17
18

Section 29, Rule on Examination of a Child Witness.
Secretary Leila de Lima v. Mario Joel Reyes, G.R. No. 209330, 11 Jan. 2016.

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interviews of victims cause retraumatization as they have to recount the distressing ordeals that have
befallen them several times before they could probably be said to have proved their case. For children, thisis more traumatic, which could affect their mental and psychological health. It is sometimes a challenge torefer the victims for psychological/psychiatric help since not all jurisdictions are equipped with fully trained
trauma experts.
While an in-depth video interview may be done in accordance with the Rule on Examination of Children,
there are no trained law enforcement officers or members of multi-disciplinary teams in all jurisdictions who
can conduct the forensic interview. Some who were trained, on the other hand, have been either promoted
or are no longer connected with the same office which now discontinued the in-depth video interviews during
the investigation stage in some places. Some jurisdictions are conducting the interview nonetheless without
a trained law enforcement officer, at the risk of such video not being admissible in evidence in court should
non-compliance with the requirements set forth be ruled by the trial court.
2. 	During the Trial Stage
The trial stage is when the victim will be subjected to thorough direct examination and rigorous crossexamination by the defence counsel. It is a stressful situation that will bring the victim back to the harrowing
experience – after several examinations/interviews have been conducted on the same victim for the verysame acts. For children, this stage is doubly traumatizing. Victim-blaming, judgmental behaviour or comments
are also exhibited by some, from different agencies, whether it be the judge, the prosecutor, defence counsel
and others. Some victims shy away from recounting their ordeal for fear of being retraumatized. And whenthese witnesses have to relay it all over again in front of strangers, they suffer trauma anew.
3. 	Implementation of Programmes and Services in Response to Violence against Women and Children
While there are several laws and rules enacted for the protection of crime victims, programmes andservices vary in each locality, depending on the zeal of the local government as well as the proper allocationof the budget for each locality. Efforts of government as well as non-governmental organizations are notintegrated with each other in order to achieve a nationwide programme that may be utilized for the recoveryof victims.

IV. KAREN’S CASE – A REVICTIMIZATION
Karen was an employee who was raped by a former president of a local organization of businesses in thePhilippines. The rape case dragged on for eight (8) years, and the trial led to the acquittal of the accused in
2005. The trial court held, among others, that Karen should have fought off the accused who was already in
his sixties, in order to prevent the rape. Karen complained to the Committee on the Elimination ofDiscrimination Against Women, avowing that the action of the trial court subjected her to revictimizationand violated articles 2(c), 2(f), and 5(a) of the Convention on the Elimination of All Forms of Discrimination
Against Women and CEDAW General Recommendation 19,19 which obliges a State to modify or abolishexisting laws, regulations and practices that constitute discrimination against women. Karen averred thatthe decision was grounded in gender-based myths about rape and rape victims.
It was the Committee’s recommendation that appropriate compensation be given to Karen, along withother recommendations for a review of existing Philippine laws. Ruling in Karen’s favour, the Committee,
thus, stated:[T]he Committee finally would like to recognize that the author of the communication has suffered moral
and social damage and prejudices, in particular by the excessive duration of the trial proceedings and by therevictimization through the stereotypes and gender-based myths relied upon in the judgement. The author
has also suffered pecuniary damages due to the loss of her job.20
19

May be easily accessed through the United Nations Human Rights website, https://www.ohchr.org/en/hrbodies/cedaw/
pages/recommendations.aspx
20
United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), C/46/D/18/2008,
1 Sep. 2010, p. 16, par. 8.8.

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V. RECOMMENDED ACTIONS
Victim retraumatization, or secondary victimization, may be avoided in the trial stage or even the
preliminary investigation stage before a prosecutor if a duly recorded forensic interview by those persons
authorized and trained for the purpose can be executed in such a way that it will be admissible to the courts
even in the unexpected absence of the victim in the future. Continuous training must be done in order not
to disrupt the process, and the protection of the victims will be ensured on this aspect.
Information campaigns must be improved in order to apprise victims of their rights and how to makethese rights accessible to them. A number of victims are still unaware of the possibility of getting compensatedfrom the Board of Claims or even how to avail themselves of the Witness Protection Program. Victimshaming and victim-blaming must be avoided at all costs in order to encourage the victims to stand up, beheard and protect their own rights. Convergent programmes for nationwide implementation for theprevention, protection, recovery and reintegration of crime victims must be continually developed such thatit caters to each and every locality, as it applies to them.

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REPORT OF THE COURSE
The 1st International Training Course on Building Inclusive Societies (Online)“Protection of the rights of crime victims including children”

1. Duration and Participants• From 2 March to 17 2022
• 13 overseas participants from 8 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 offered participants an opportunity to share experiences and knowledge on effective
measures to protect the rights of crime victims including children. This programme was exclusively
conducted online due to the Covid-19 pandemic.
3. The Content of the Programme(1) Lectures
The participants were from a wide range of time zones, including Asia, Africa and Latin America, andthey needed to continue their professional and family duties during the seminar. Therefore, all lectures
were recorded in advance and broadcast on-demand in order to allow participants to view lectures attheir convenience. After watching the on-demand lectures, participants were required to submit questions
or comments via an online learning management system, and their questions were answered in Q&A
sessions with the respective lecturers. This way, we tried to ensure both convenience and interactivity
in lectures.
In addition to the lectures delivered by UNAFEI professors on the protective measures for crime
victims including children in the criminal justice system of Japan, the lectures were delivered by the
specialist lecturer and ad hoc lecturer, followed by Q&A sessions. As part of ad hoc lecturer’s lecture, theparticipants took part in a role-playing session on forensic interviewing techniques. During the roleplaying session, each participant took the role of interviewer, interviewee or support staff, and thenexperienced a forensic interview with a teenage witness.
•

Specialist lecturer- Dr. John P. J. Dussich
Professor Emeritus
California State University, Fresno“International Victimology: Yesterday, Today and Tomorrow”•

Ad hoc lecturer- Dr. NAKA Makiko
Professor
Research Organization of Open Innovation and Collaboration, Ritsumeikan University“Interviewing vulnerable witnesses: Introduction to Forensic/ Investigative Interviews”(2) 	Group Workshops
Participants were divided into two groups considering their time zones.
 Individual Presentations
Participants shared the practices and the challenges in their respective countries regarding thetheme of the training course through their individual presentations. All the presentations wererecorded and uploaded online so that participants in other groups could watch them afterwards.

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 Discussions
Built on the knowledge gained through lectures and individual presentations, the participants
engaged in live discussions to explore more about the theme of the training course. The participants
shared challenges and good practices in their respective jurisdictions and discussed the root causes
and necessary actions to address common challenges.
During the discussions, participants pointed out the usefulness of forensic interviewing using a
multi-agency approach as a preventive measure against secondary victimization caused by multiple
interviews. The participants also shared the importance of providing crime victims with informationon the status of ongoing criminal justice procedures, as well as continuous capacity-building on
implementing victim protection measures, including forensic interviewing.
 Final Presentations
Based on the lectures, discussions and presentations, the participants delivered their final
presentations on the current challenges in their jurisdictions and possible solutions thereto.
4. Feedback from the Participants
At the end of the training course, we invited feedback from all participants. They said that, even thoughconducted online, they learned a lot from the lectures and group discussions. They also indicated that, if itwere conducted in person, they would learn more about the Japanese system and practice by visiting
relevant institutions in Japan.
5. Comments from the Programming Officer
The protection of the rights of crime victims including children is one of the most important issues incriminal justice systems in all jurisdictions, and efforts should be made continuously to improve victim
protection measures and implementation thereof. The participants in this training course were highly
motivated to learn from the experiences of other countries and the lecturers. They showed great discernment
in analysing their current systems and practices, as well as recognizing the need to review their systems
and practices. I also learned a lot from the participants. I hope that the participants' experiences in thistraining course will help them contribute to improving the protection of the rights of crime victims includingchildren in their jurisdictions.

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PART THREERESOURCE MATERIAL SERIES
No. 114Work Product of the 178th
International Training Course

UNAFEI

PARTICIPANTS’ PAPERSADMISSIBILITY OF DIGITAL/ELECTRONIC EVIDENCE IN MALAWIGolda Chilembwe Rapozo*

I. INTRODUCTION
Digital/electronic evidence comprises of evidence found on electronic devices and can be relied on in acourt of law.1 This evidence includes, videos, voice recordings, text messages and electronic transactions toname a few. With the advancement in technology, more crimes are being committed online. People now
solicit or offer bribes through text messages or e-mails. Bribes are often received through electronic monetarytransfers rather than through cash. This has triggered an increase in digital forms of evidence for the AntiCorruption Bureau. However, in Malawi, digital evidence is still a novel concept and, thus, not largely
adjudicated on. This paper will analyse the admissibility of digital evidence in Malawi.

II. STATUTORY PROVISIONSThe starting point with regard to evidence in Malawi is the Criminal Procedure and Evidence Code (CP& EC). The Criminal Procedure and Evidence Code is the guidebook regarding the treatment and admissibilityof evidence as well as procedure in criminal proceedings. The general rule under the Criminal Procedure andEvidence Code is that all admissible evidence must be relevant.2 However, this does not mean that all
relevant evidence is admissible. It must further be noted that the Criminal Procedure and Evidence Code isan old piece of legislation that was enacted at a time when Malawi did not envision that there may beevidence that would be submitted electronically and, due to this, the Criminal Procedure and Evidence Codeunfortunately does not provide for the treatment of digital evidence.
In 2016, the Electronic Transactions and Cyber Security Act was enacted in Malawi. One of the reasonsfor the enactment of the Act was to provide for investigation, collection, and use of electronic evidence.3 The
Act makes a distinction between electronic messages and electronic records. Section 3 of the Act defines
electronic messages as any communication created, sent, received or stored by electronic communicationmeans, such as computerized data exchange systems, electronic mail systems and instant messaging.
Examples of electronic messages may include e-mails, WhatsApp Messages and voice notes sent between
parties. The most important qualifier is that electronic messages are about communication between
individuals. Electronic records on the other hand are defined by the same section 3 of the Act as any record
created, generated, sent, communicated, received and maintained by electronic means. This includes videos,pictures, documents and audio that are recorded for the sole purpose of recording and not to be used ascommunication.
Sections 15 and 16 of the Act provide for the authentication and admissibility of electronic evidence.
Section 15 provides that the originality of an electronic record will be satisfied if:(a) There is reliable assurance of the integrity of the electronic record;(b) The electronic record is capable of being displayed to the person to whom it is to be presented.

*

Senior Legal and Prosecutions Office, Legal and Prosecutions, Anti-Corruption Bureau, Malawi.
https://nij.ojp.gov/digital-evidence-and-forensics
2
Sections 171 and 172 of the Criminal procedure and Evidence Code.
3
Short title of the Electronic Transactions and Cyber Security Act.
1

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The criteria for assessing the integrity of information is stated to be: whether it has remained complete
and unaltered, save from the addition of any endorsement and any change which may arise in the normal
course of communication, storage and display. As for the standard regarding admissibility of electronic
evidence, the Court will consider:(a) The reliability of the manner the electronic record was generated, displayed, stored or communicated.
(b) The reliability of the manner in which the integrity of the information was maintained and stored.
(c) The manner in which the originator of the electronic evidence was identified and any other factor that
the Court may deem relevant.

III. JUDICIAL PRECEDENT
The courts in Malawi will generally view electronic evidence, including videos, voice recordings and text
messages as hearsay evidence and, thus, not admissible. In the case of Brown Mpinganjira v Dumbo Lemani
and Davis Kapito,4 the court stated that a video recording is not admissible in court as it is consideredhearsay evidence unless there is testimony defining and describing the provenance and history of therecording up to the moment of its production in court. This was a contempt of court case where the plaintiff
was accusing the defendants of uttering defamatory statements about him in the media even though thecourt had ordered that the case was not to be discussed in the media. As proof of the defamatory remarks,
the plaintiff brought a video tape which showed the defendants uttering the disparaging remarks at apolitical rally. The court, however, refused to admit the video recording as evidence, arguing that mechanically
produced evidence is susceptible to tampering and unless its authenticity and chain of custody is established,
the Court would be remiss to admit it as evidence and doing so would be putting the court in danger of
infringing the constitutional rights of the defendants.
This decision was followed in the case of Dr. Thomson Mpinganjira v The Republic.5 This was a bailhearing pending the determination of an appeal. The substantive case involved an attempted bribery of
constitutional court judges in the 2020 elections case in Malawi. The principal witness in the case was a judge
who recorded phone calls between himself and the accused person where the accused person was asking fora phone number of the chairperson of the constitutional court case, claiming that he had a package to deliver.
The evidence was tendered by the judge who recorded the phone calls, and the accused person admitted
that it was indeed him on the other end of the line. The court at first instance deemed the recordings
admissible and the accused was convicted of attempted bribery. However, the appellant is now seeking anappeal and in the application for bail pending appeal, the convict argued that his case had a high likelihoodof success seeing as how the evidence that convicted him should not have been admissible in the first place.
The court agreed that the case had a high likelihood of success upon appeal because, following thedecision in the Brown Mpinganjira case, the audio recording should not have been admissible. The court
stated that:
The Human Rights and Freedoms enshrined in our Constitution will be rendereduseless if the trial courts are not cautious and do not get satisfied or do not warn
themselves of the danger of audio recordings as well as about the source and historyof this type of real evidence. It should not matter that the Appellant confirmed or
admitted a conversation ensued between him and a prosecution’s witness. If such
were to happen, would it not mean that the courts of justice will be allowed to admit
illegally obtained evidence like for example wiretapping without the sanction of thecourt? It is trusted that the Court will investigate these questions on appeal if theyarise. In any event, it is common knowledge that accused’s evidence should never beused to augment the evidence of the prosecution.
4
5

Civil Cause No. 222 of 2001.
MSCA Criminal Appeal No. 9 of 2021.

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IV. CHALLENGES
Having looked at the legal framework with regard to the admissibility of electronic evidence in Malawi,
it is important to note that the implementation of the law is not without issues. Firstly, considering the factthat in order for electronic evidence to be admissible, it must be authenticated, and a proper chain of custody
must be established, there are issues of expert witnesses that would need to be paraded in order to establish
the same. This brings on issues of lack of structures and personnel that can properly extract and preserve
the evidence from the electronic devices without tampering with the authenticity of the evidence.
In order to curb this, the government and state agencies must invest in training investigators in digitalforensics and state-of-the-art digital forensic labs, thus ensuring that issues of admissibility due to authenticity
and chain of custody are of no consequence.
Another aspect that needs to be considered when admitting electronic evidence is the source. Most of thetime, electronic evidence is evidence gathered after a seizure or as a result of phone tapping. There has been
an argument in the courts that evidence obtained through search, seizures and phone tapping is illegallyobtained evidence as it violates the accused person’s right to privacy. However, the courts have dealt withthis matter by stating that whether to admit such illegally obtained evidence is at the discretion of the court.
In the case of Mike Appel & Gatto Limited v Chilima,6 the court stated that:
Where evidence is obtained illegally, improperly or unfairly, two opposing views
exist, one in favour of admitting the evidence as long as it is relevant and necessary,and the other view is to exclude it regardless of its relevance and whether it isnecessary. The former position represents English common law while the latter
represents the view that rejects the fruit of the poisonous tree in some jurisdictions.
Malawi has over time followed the English common law position that a court will
exercise discretion to admit relevant evidence if in its view the probative value
outweighs the prejudicial effect. That remains the position under Malawi law.
This was also echoed in the recent decision in the case of The state on the Application of Kezzie Msukwa& another v The Director of the Anti-Corruption Bureau,7 where the Court held that:
There is no rule of law in Malawi to the effect that illegally obtained evidence isinadmissible as Counsel sought to suggest. It is my conclusion that the position in
Malawi mirrors very closely that which was articulated by the Supreme Court ofGhana, which is that save for instances where the law as prescribed expressly
disallows evidence obtained in specific circumstances amounting to violation ofcertain rights guaranteed by the Constitution or other law, the framework of ourconstitution and indeed our broader legal system anticipates that where evidence
obtained in violation of human rights is sought to be tendered in proceedings,
whether criminal or civil, and objection is taken, the court has to exercise its
discretion and decide on a case by case basis, whether on the facts of the case, theevidence ought to be excluded or admitted.
This is an ongoing case in which the evidence that led to the arrest of the accused persons was obtained
through phone tapping. The accused persons brought a judicial review matter questioning the constitutionalityof the arrest considering that the evidence was illegally obtained. This decision has propelled the fightagainst corruption in Malawi considering the fact that corruption is never conducted in the limelight. It has
thus been hard for the Anti-Corruption Bureau in particular to balance the gathering of relevant, admissible
evidence and the suspect’s right to privacy.

67

MSCA Appeal No. 30 of 2014.
Judicial Review Cause No. 54 of 2021.

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V. CONCLUSION
The handling of electronic evidence before the courts in Malawi is still in its infancy. There has not been
a lot of jurisprudence regarding the issue of admissibility of electronic evidence, and Malawi still struggles
from lack of technological advancement. Despite all this, all parties – including investigators, prosecutors andthe courts – will have to adjust their perspective as the world is changing quickly and crime and theevidence proving the crime is no longer what it was. All parties involved in the justice system should focus
on learning from other jurisdictions which have made advancements in the way they handle electronic
evidence, which will, in turn, improve the way we handle corruption cases in Malawi.

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CYBERCRIME AND DIGITAL EVIDENCE:
THE NIGERIA POLICE FORCE IN PERSPECTIVE
Olusoji Abraham Obideyi*

I. INTRODUCTION
Cybercrime refers to various forms of attacks against computers, digital devices and network systems
which connect the cyberspace, whereas cyberspace is the interactive domain of digital networks that isessential for the effective running and operations of critical infrastructure sectors such as health, transportation,
finance, energy, agriculture and food processing, including security. Cybercrime is notably a big challenge in
Nigeria and all over the world, notwithstanding the criminal justice systems in existence. For any successful
apprehension and prosecution of cybercrime in the society, a professional approach to finding, preserving,collecting, analysing and utilizing digital evidence is crucial.
Cybercrime is an act that violates the law, and it is perpetrated using Information and Communications
Technology (ICT) to facilitate a crime or target networks, systems, data, websites and/or technology. Europol
differentiates cybercrime into cyber-dependent and cyber-enabled crimes. The key distinction between thesecategories of cybercrimes is the role of ICT in the offence. When an ICT device is the target of the offence,the cybercrime negatively affects the confidentiality, integrity and/or availability of computer data orsystems.1
The International Criminal Police Organization (INTERPOL) in Nigeria, among other security outfits
within Nigeria, regularly churns out data on the trends of cybercrimes within Nigeria. These crime
measurement tools and victimization surveys vary based on the types of cybercrime data collected andanalysed, and the methods used in collecting and analysing the data.
Cybersecurity businesses and other private organizations that focus on security, business risk and/or
threat analysis around the world publish cybercrime and/or cybersecurity trends reports based on historicalcybersecurity incidents, and their types, frequency and impact. With the advent of new technologies – theInternet of things, drones, robots, self-driving cars and lots more – new cybercrime trends will definitely beunmasked.
A. Categories of Cybercrimes in Nigeria
There are diverse classifications and categorizations of cybercrime globally, for example, Maitanmi et al.
(2013) classified cybercrimes into three main categories namely: Target Cybercrime (computer as target),Tool Cybercrime (computer as tool of cybercrime) and Computer Incidental (computer playing minor role inthe crime).2 However, the most common categorization of cybercrimes, and of course which was adopted bythis paper, is as follows:
i. Cybercrime against people (individuals): These are activities targeted against individuals, their persons
and property, and they include harassment via e-mails, cyberstalking, distribution of obscene materials,
defamation, unauthorized control or access over a computer system, indecent exposure, e-mail spoofing,cheating and fraud, computer vandalism, transmitting viruses, net-trespass, intellectual property
crimes, and internet time thefts.
ii. Cybercrime against Property: These are activities targeted against computer/digital infrastructures*

Staff Officer-TO-IGP (ICT/TS), IGP Secretariat, The Nigeria Police Force, Nigeria.
https://www.unodc.org/e4j/en/cybercrime/module-1/key-issues/cybercrime-in-brief.html
2
https://www.researchgate.net/publication/327111080_Impact_of_Cyber_Crimes_on_Nigerian_Economy
1

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such as routers, communication masts and base stations (or BTS), database systems and corporate
digital facilities. These crimes include DDOS attacks, hacking, virus transmission, cyber and typosquatting, computer vandalism, copyright infringement and IPR violations.
B. Cybercrime against Government3
Nigeria is made up of multiple and diverse ethnic groups, which by default, creates its own challenging
social problems. After several pressing calls from business and civil society, legislators enacted the Cybercrime
Act 2015, which created, among other provisions, laws related to the use and misuse of computer orelectronic devices. But to date, yet to be identified is any breakthrough case that the Act has helped toconclude. This might not be unconnected to the lack of expertise required for law enforcement agencies andother stakeholders to convincingly prosecute offenders in the Courts of Law. So many times, court proceedings
have had to rely on previous judgments to adjudicate on computer crime offences. This was the practice
before the amendment of the Nigerian Evidence Act of 2011, which now provides for the admissibility ofdigital evidence. Out of all the hurdles against global works on stemming the threat of cybercrime remains
the mysterious character of the identity of cybercriminals as noted by Ajayi (2016).4
It is instructive to note that even where there is legislation on cybercrime, the provisions of the said
extant laws are not severe enough to deter cybercriminals from their illegal acts.5 Also, a considerable
number of law enforcement personnel do not really have an interest in technology; some of whom do noteven care to surf the Web. Unfortunately, cybercriminals have advanced levels equal to, if not surpassing theskills of law-abiding technology professionals.
It is an established fact that cybercrime cases in Nigeria are mainly prosecuted by the Nigeria Police
Cybercrime Units and the Economic and Financial Crimes Commission (EFCC) using documentary evidencecollected during search and seizure raids carried out by the law enforcement agents. With the way cybercrime
evidence is bring collected in Nigeria, all options must, therefore, be duly explored during digital evidence
acquisition from collection through processing to preservation to ensure that when tendered in court, thesuspect(s) related to the crime is/are undeniably and positively linked to the evidence for admissibility
purposes during legal proceedings.

II. EFFECTS OF CYBERCRIMES AND GLOBALIZATION TO NIGERIA
Cybercrimes have inflicted severe consequences and loss to national economies in many respects.
Governments world over, therefore, have engaged this monster in a serious fight in a bid to eradicate it.
Serious and coordinated efforts have been made by governments, individuals and organizations on many
continents of the world, including America, Asia, Europe and Africa, but the fight in Nigeria seems
uncoordinated because the root causes of cybercrimes have not been unearthed or tackled. Consequently,
the crimes seem to still be booming notwithstanding the pockets of efforts made by the government.
A. Effects of Cybercrimes on the Nigerian Economy
i. Capital flight and loss of foreign investments: capital which was supposed to have come to Nigeria isdiverted to other African countries as a result of lack of confidence on Nigeria as a result of prevalentcybercrimes in the country.
ii. Bad national image and reputation: This creates lack of confidence in Nigeria and on Nigerians.  
Foreigners avoid dealing with Nigerians like lepers and this leads to lack of direct foreign investments.
Also, many legitimate Nigerian online entrepreneurs are denied the opportunity to do business withnationals of other countries.

3

Governments, firms, companies, and corporate bodies. These include hacking, accessing confidential information, cyber
warfare, cyber terrorism against governments and corporations, operation/use of pirated software, espionage and so on.
4https://academicjournals.org/journal/JIIS/article-full-text-pdf/930ADF960210
5
Ibid.

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iii. Rejection of certain countries by e-commerce communities or platforms: This is one of the most visible
and biggest challenges to genuine legitimate business personalities in Nigeria. Several e-commerce
platforms or e-payment providers such as PayPal, eBay, MoneyGram, prohibit Nigeria, and somecountries notorious to be safe havens for cybercriminals, from the use of their payment gateways.
iv. Loss of revenue by banks, private individuals, government organizations to the activities of cybercriminals,
especially in Nigeria:  This destroys confidence in the system and creates unnecessary fear in people
having anything to do with online transactions.
B. Challenges in Cybercrime Investigation
With escalations in reports of serious cybercrimes, one would expect to see a corresponding increase inconviction rates. However, this has not been the case with many investigations and prosecutions failing to
get off the ground. The chief causes of this outcome may be attributed to trans-jurisdictional barriers,subterfuge and the inability of key stakeholders in criminal justice systems to grasp fundamental aspects oftechnology-aided crime.6
Cybercrime has been on the agenda of the Nigerian Government for many years. Investigations – inparticular of fraud-related cybercrime – have been carried out in particular by the Nigeria Police Cybercrime
Unit, Economic and Financial Crime Commission (EFCC). The Federal Government of Nigeria adopted the
National Cybersecurity Policy and Strategy otherwise known as “The Cybercrimes (Prohibition, Prevention,Etc) Act, 2015”.
Gaps between the laws used for prosecution of cybercriminals and enforcement procedures in the
Cybercrime Act, 2015 are often exploited by defence counsels when evidence tendered are found to be
tainted and inconclusive to be admissible for successful prosecution of cases. When cybercriminals areapprehended, they have unfettered access to renowned private attorneys who charge very high legal fees.
This is not a problem for the cybercriminals as they can readily afford to pay high professional fees to thebest lawyers who specialize in cybercrime practice.
Similarly, presentation of digital evidence in legal proceedings is another important issue. Because lawyers
and judges may have limited technical knowledge, the presentation of digital evidence must be done in aclear, easily understandable manner. It is noted that most legal professionals have a limited understandingof technology and tend to lack confidence in the ability of technical specialists to produce evidence that is
admissible in a court of law. Judges should have some understanding of the underlying technologies andapplications from which digital evidence are derived in order to justly evaluate the merit of such evidence.7
Other serious challenges that are worth mentioning are the issues concerning best practices, testing ofdigital forensic tools, and expert witnesses. Numerous digital forensic techniques are used by investigatorsand examiners; however, no best practice guides are currently available.
Laws and legislation regulating cyberspace tend to result in few prosecutions due to the jurisdictionaldifficulties and additional resources required in tracking down cybercriminals in different countries. The
current legislation on cybercrime in Nigeria needs to be reviewed to meet the standards in developed
countries. Nigeria was a country sorely challenged by weak forensic capacity, but it now has a state-owned,
high-powered DNA Forensic Laboratory Centre which was described as the first in the whole of West
Africa, known as the Lagos State DNA Forensic Centre (LSDFC) in addition to the EFCC’s Digital Forensic
Lab equipped by the UK government.

6

Brown, C.S.D. (2015). Investigating and prosecuting cyber crime: Forensic dependencies and barriers to justice. International
Journal of Cyber Criminology 9(1), doi: 10.5281/zenodo.22387
7
Kessler, G. C. (2011). Judges’ awareness, understanding, and application of digital evidence. Journal of Digital Forensics,
Security and Law, 6(1). Retrieved from http://commons.erau.edu/db-security -studies/25

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III. RECOMMENDATIONSHaving examined the various aforementioned concepts on this subject matter, below are some suggestions
to ameliorate the already exacerbated situation on cybercrimes in Nigeria:
1. Cooperation, awareness and enlightenment campaigns: The existence of a suitable legal framework is
not enough to fight criminality, such as cybercrime. An effective implementation based on the practiceof the legal framework is also crucial. This can be achieved by, among other things, cooperation among
investigative agencies and digital forensic laboratories (e.g. sharing information about procedures forpreservation and collection of digital evidence, cooperation to obtain the results of analysis promptly,etc.).
2. Computer technology curriculum: Most law enforcement actors are not equipped with the necessary
technological knowledge, whereas Internet criminals are experts in computer technology. To combat
these crimes, it is necessary to educate and develop human resources as one of the most reliablestrategies. In addition, universities, schools of higher education and academic institutions should open
special courses designed to allow future generations of judges, prosecutors and lawyers to be trainedin this very vital area.
3. Capacity-building programmes for stakeholders: There must be an improvement in the operational
capacity and response of law enforcement authorities against cyberattacks. In this context, it isnecessary to increase the number of experts in the field of investigating and prosecuting cybercrime.
This is possible by frequently organizing specialized trainings and sending relevant officials abroad forspecialization training. The specialization of experts in the field of cybercrime, as well as increasing
their knowledge of domestic and international legislation in the field, and on the methods and ways of
implementing this legislation in the most adequate and effective ways can be achieved through thesetrainings.
4. Forensic expert qualification: The reviewer of a forensic expert report should scrutinize the qualificationsof a forensic examiner to avoid the unfortunate scenario wherein an unqualified forensic examiner
produces a flawed or unreliable report. While no uniform set of standards exists to gauge thecompetency of a digital forensic examiner, reviewers should consider the most appropriate combinationof certification, education and real-world experience, given the case at hand.
5. Establishing reporting channels for individuals and public- and private-sector organizations: Reports
may trigger law enforcement investigations, provide intelligence for a better understanding of thescope, threat and trends of cybercrime, and allow for collating data to detect patterns of organizedcriminality.

IV. CONCLUSION
There is broad consensus that cybercrime investigations are hindered by insufficient knowledge and askill gap of law enforcement officers as well as the relevant actors in the judiciary. This paper highlighted
cybercrime trends in Nigeria, enumerates the effects of cybercrime and globalization on the economy of thenation, the challenges encountered by actors in criminal justice response to cybercrimes and other related
offences. It concluded by discussing ways on how to bridge the gap that exists among legislators, investigators,
and prosecutors in Nigeria, and furnished recommendations to address the peril of cybercrime threats.
Certainly, as digital evidence grows in both volume and importance in criminal and civil courts, judges
need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general
understanding of the underlying technologies and applications from which digital evidence is derived. Inorder to meet the needs of stakeholders in a concerted, complementary and sustainable manner, awarenessmust be created among the key stakeholders (i.e., legislators and law enforcement officers).

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CYBERCRIME AND DIGITAL EVIDENCE IN PANAMA
Evelyn Medina*

I. INTRODUCTION
The development of the Internet and the proliferation of computer technology has created newopportunities for those who would engage in illegal activity. The rise of technology and online communication
has not only produced a dramatic increase in the incidence of criminal activity, it has also resulted in theemergence of what appear to be some new varieties of criminal activity. Both the increase in the incidenceof criminal activity and the possible emergence of new varieties of criminal activity pose challenges for legal
systems, as well as for law enforcement.
The cybersecurity issues have gained renewed importance since the pandemic of the new SARS-CoV-2
virus causing Covid-19 disease in Panama. Cyber-criminals have increased significantly, such as phishing,identity theft, e-mail spoofing and others, as the world becomes more interconnected, crimes of this natureare rapidly expanding.
The complex nature of cybercrime, as one that takes place in the borderless realm of cyberspace, iscompounded by the increasing involvement of organized crime groups. Perpetrators of cybercrime, and their
victims, are often located in different regions, and its effects ripple through societies around the world.
The restrictions imposed by governments in response to the coronavirus pandemic have encouraged
victims to work from home, and even stay at home. As a consequence, technology has become even more
important in both our working and personal lives. Cyberattackers see the pandemic as an opportunity to stepup their criminal activities by exploiting the vulnerability of their victims working from home. Prior to thepandemic, human error was already a major cause of cyberinsecurity, employees would unknowingly or
recklessly give access to the wrong people. With more people working at home, however, the problem iseven greater. People were affected because names, passwords, email addresses were stolen.
Information and Communication Technologies (ICTs) permeate all aspects of life, providing newer, betterand quicker ways for people to interact, network, gain access to information and learn.1 Digitization and theemerging use of ICTs has a great impact on procedures related to the collection of evidence and its use incourt. As a consequence of this development, digital evidence has been introduced as a new source ofevidence. Handling digital evidence is accompanied with unique challenges and requires specific procedures.
One of the most difficult aspects is to maintain the integrity of the digital evidence. Digital data are highly
fragile and can easily be deleted or modified.
Digital evidence plays an important role in various phases of cybercrime investigations. In a court of law,evidence is of supreme importance; it is crucial to establish facts.

II. CURRENT SITUATION IN PANAMA
Panama is a signatory to the 2001 Budapest Convention on Cybercrime, approved by Law No. 79 of 2013.
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest
Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) by*
1

Prosecutor, Office of the Prosecutor of the Public Ministry, Public Ministry of Panama, Panama.
https://www.thehansindia.com/business/how-digital-forensics-helping-police-gather-evidence-against-cybercrime-721668

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harmonizing national laws, improving investigative techniques and increasing cooperation among nations.2
This law refers to the convention on cyber-crime, terminologies, measures to be adopted at the national level,computer crimes, crimes related to child pornography, crimes related to infringement of intellectual property
and related rights, among others.
The institution responsible for the supervision and direction of matters related to information security is
the National Authority for Government Innovation (AIG) that operates under the Computer Security andIncident Response Team of Panama (CSIRC). There are two agencies responsible for the coordination andjudicial investigation of cybercrime.
The Computer Security and Incident Response Team of Panama (CSIRT) is the national entity in chargeof facilitating security incident response information nationwide. The CSIRT of Panama maintains close
collaboration with other national CSIRT’s of the region and worldwide.
Panama does not have an independent law to investigate, prosecute and punish cybercrime. The legal
framework for the investigation and prosecution of cybercrime is mainly contained in the Criminal Code of
the Republic of Panama in its Title VIII, on crimes against the “Legal Security of Electronic Media” categorizes
crimes against computer security.
The main challenge for national criminal legal systems is the delay between the recognition of potential
abuses of new technologies and necessary amendments to the national criminal law. We need to update ourlaws to comply with the commitments made when we signed the Budapest Convention.
At this time everyone can be a victim of cybercrime. Prosecutors need more tools and need to gain more
knowledge on this topic. Every day, new technologies are created and cyberattacks are becoming moreconstant. We need to pursue, adjudicate, prosecute our investigations in the need to obtain quickly digital
evidence, before we lose the information that most of the time are stored in other servers.   In criminal
investigations we need to identify the relevant evidence, followed by collection and preservation of theevidence, the analysis of computer technology and digital evidence; finally, the evidence needs to be presented
in court.
The most common attempts of breach come by impersonation and are sent through emails, WhatsApp
messages or by phone calls. Most criminals leave a digital footprint; a suspect’s IP address, posting on a social
media platform or using their mobile device for everyday use in place of a traditional computer and camera.
However, this task has not been easy, derived from the difficulty of determining different aspects of thecommission and persecution of cybercrime.
The Public Ministry of Panama reports a 421 per cent increase in complaints submitted relating tocybersecurity compared with 2016. Statistics indicate that the overall number increased in 2020 and 2021.
From January to April 2021 Panama received 794 complaints submitted relating to cyber-crime.3
The following numbers have been extracted from national crime statistics and presented only to provide
an insight into our country information. Furthermore, statistics only list crimes that are detected andreported. Especially with regard to cybercrime, there are concerns that the number of unreported cases issignificant. The financial damage caused by cyberattacks is estimated in USD 20 thousand dollars per day.4
Since the pandemic, the Public Ministry have called for various awareness campaigns with national
institutions to inform citizens on cyberrisks and to foster the use of best practices related to information
security and the fight against cyber-crime.
Digital evidence plays a critical role in solving crimes and preparing court cases, and we often havedifficulties to obtain the digital evidence in proper time. The biggest thing prosecutors were facing pre-Covid,
2

https://en.wikipedia.org/wiki/Convention_on_Cybercrime
https://ministeriopublico.gob.pa/el-ciberdelito-es-real-ministerio-publico-y-policia-nacional-lanzan-campana-de-prevencion-deldelito/#:~:text=En%20Panam%C3%A1%20de%20enero%2Dabril,solo%20en%20el%20%C3%A1rea%20Metropolitana.
4
https://www.laestrella.com.pa/nacional/210519/cibercrimen-dispara-aumento-344-ultimos
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and continue to face today, is the ability to get access to evidence. For example, in crimes against morality,
Facebook did not give us a response. They argue that they only respond to serious crimes like terrorism,making it very difficult to obtain the digital evidence that we need to follow up our criminal cases.
Digital evidence is a relatively new phenomenon for law enforcement investigations and yet more cases
are relying on it. Investigators are limited to their own territory, and traditional ways to obtain evidence
from other jurisdictions are often not effective. This underlines the need for effective criminal justice action.
A specialized investigation unit on computer crime was created in Panama within the Directorate for
Judicial Investigation, and it is under current development. This specialized investigation unit will provide
capacity and training to conduct investigations and digital forensics activities.
Our country is governed by an adversarial system of criminal procedure, which raises the standard ofguarantees in favour of those processed or investigated. Therefore, the more elements that are provided in
the formal letter of assistance on the seriousness of the facts and the relevance of the element that isrequested through international cooperation, the more likely that we can have prior or subsequent judicial
authorizations, depending on what is requested.
Internet service providers (ISP) are required by Law 51 of September 2009 to provide information at therequest of the prosecutors. Subsequently, it must be brought before a Judge of Guarantees, to validate theobtaining of the data.
The Office of the Prosecutor has created an action protocol, precisely, to provide all requirements withdiligent, fast and efficient treatment, for which we have consulted our Office of International Affairs, ourforces of order and other intervening parties, to act in a manner precise and adequate to the request madeby different colleagues from other countries.
Investigating and prosecuting cybercrime requires internet-specific tools and instruments that enable
competent authorities to carry out investigations. In this context, instruments to identify the offender andcollect the evidence required for the criminal proceedings are essential. These instruments may be the sameas those used in traditional terrorist investigations unrelated to computer technology. But in a growing
number of internet-related cases, traditional investigation instruments are not sufficient to identify an
offender.
Cybercrime investigations need the support and involvement of authorities in all countries involved. Thisis the number one barrier to prosecuting cybercrime. Most of the time, the person committing the crime islocated outside of the country (or at least outside the legal jurisdiction of the court and prosecutors seeking
the conviction). It is hard enough to successfully prosecute cybercriminals if they originate in the same
jurisdiction as the victim, but it is close to impossible when both reside in different locations.

III. PRACTICAL CASE
A practical case that we constantly see in practice since the Covid-19 pandemic is identity theft – when
criminals steal a victim's personal information to commit criminal acts. Using this stolen information, acriminal takes over the victim’s identity and conducts a range of fraudulent activities in their name.
Cybercriminals commit identity theft by using sophisticated cyberattack tactics, including social
engineering, phishing, malware, stealing mail, digging through dumpsters, sending SMS or WhatsApp
messages to victims’ cell phones. Unfortunately, most people only discover they're victims of identity theftwhen they attempt to open a bank account, when someone collects government benefits owed to the victim
or when the cybercriminal transfers funds out of the victim's account without the victim noticing.
This chain of events often starts with one strategically written phishing email. It convinces the victims
to click a link to update their password, giving the cybercriminal access to a corporate database and thevictim’s personal information.
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IV. CONCLUSION
The investigation and prosecution of cybercrime presents a number of challenges for law-enforcement
agencies. It is vital not only to educate the people involved in the fight against cybercrime but also to draft
adequate and effective legislation.
The world of cybercrime is complicated. There are too many cybersecurity incidents and too few law
enforcement resources available to keep up with the crime. To add more complexity to the issue, there arejurisdictional boundaries that prevent criminals from being prosecuted. Criminals may deliberately choose
targets outside their own country and act from countries with inadequate cybercrime legislation.
Effectively combating, investigating and prosecuting such crimes requires international cooperation
between countries, law enforcement agencies and institutions backed by laws, international relations,conventions, directives and recommendations culminating in a set of international guidelines to fightcybercrime. There are many challenges to international cooperation and establishing international guidelines
to fight global cybercrime across borders.

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AUTHENTICITY OF DIGITAL EVIDENCE AND CURRENT CHALLENGES
Avantha Lakmal Bandara Wickramasooriya*

I. INTRODUCTION
There are 11.34 million internet users, 8.20 million social media users and 32.29 million mobile connectionsin Sri Lanka.1 There were 3566 cybersecurity-related incidents reported in Sri Lanka in 2019, whereas, in
2022, 16,376 incidents were reported to SLCERT.2 The cybercrime unit of the Sri Lanka Police department
receives about 2,500 cybercrime incidents per year.3 This speaks volumes of the amount of electronic
evidence which the courts of Sri Lanka will encounter in the future. Irrespective of the nature of the crimes
the final expectation of criminal trials is the acceptance of the electronic evidence presented in a case andproof of the guilt of perpetrators. The conclusion of the judge is based on the context or evidence he/she issatisfied with and understands. However, the law may establish certain evidential rules for the judge toadhere to.
The traditional Sri Lankan legal regime consists of the Penal Code, Code of Criminal Procedure Act, andThe Evidence Ordinance. The advancement of the legal regime of Sri Lanka on information Technology
commenced with Information and Communication Technology Act No. 27 of 2003. Thereafter, Intellectual
Property Act No. 36 of 2003 was enacted with several new features in relation to the protection of software,trade secrets and integrated circuits in relation to the protection of intellectual property rights. To facilitate
and govern the use of ICT in government and establishment of e-government services, the Electronic
Transactions Act No. 19 of 2006 was enacted. This was based on the standards established by the United
Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce (1996)
and Model Law on Electronic Signatures (2001). The Payment and Settlement Systems Act No. 28 of 2005
and Payment Devices Frauds Act No. 30 of 2006 were enacted to have certainty in the electronic payment
systems and to preserve their integrity. The Computer Crimes Act No. 24 of 2007 provides for the identificationof computer crimes and stipulates the procedure for the investigation and enforcement of such crimes. The
applicable provisions related to evidence are stipulated primarily in the Evidence Ordinance and on theadmissibility of electronic evidence, Evidence (Special Provisions) Act No. 14 of 1995 and Electronic
Transactions Act No. 19 of 2006 are the two statutes applicable in Sri Lanka. This study aims to identify theextent of the authenticity, strength and challenges of digital or electronic evidence in criminal trials, byidentifying legislative trends in Sri Lanka and the legal systems of other jurisdictions.

II. DEFINITION OF ELECTRONIC EVIDENCE
Evidence (Special Provisions) Act No. 14 of 1995 and Electronic Transactions Act No. 19 of 2006 of Sri
Lanka do not contain any definition of the term electronic evidence. As defined by the Council of Europe,electronic evidence or digital evidence may take the form of text, video, photographs or audio recordings.
Data may originate from different carriers or access methods, such as mobile phones, webpages, onboard
computers, or GPS recorders, including data stored in a storage space outside the party’s own control.4 One*

Judge of the High Court of Sri Lanka and the Deputy Director of the Sri Lanka Judges’ Institute, Sri Lanka.
Digital 2022 Sri Lanka <https://datareportal.com/reports/digital-2022-sri-lankaaccessed > accessed 5 Jun. 2022.
2
CERT Annual Activity Report<www.cert.gov.lk/Downloads/General/Sri_Lanka_CERT_Annual_Activity_Report_2020.pdf>
accessed 5 Jun. 2022.
3
Police cautions public about cyber crimes< https://www.newsfirst.lk/2022/02/26/police-cautions-public-about-cybercrimes>
accessed on 6 Jun. 2022.
4
Electronic Evidence <https://rm.coe.int/guidelines-on-electronic-evidence-and-explanatory-memorandum/1680968ab5>
1

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of the most significant definitions of “electronic evidence” was given by the Evidence project, which operates
under the auspices of USAID, according to which electronic evidence is any data resulting from the output
of an analogue device and/or a digital device of potential value that are generated, processed, stored, ortransmitted using any electronic device. Digital evidence is that electronic evidence that is generated orconverted to a numerical format.5 This definition of electronic evidence has broader applicability thandescription by the Standard Working Group on Digital Evidence or the International Computer Evidence
Organization,6 as it includes both digitally born evidence and that which in the course of its life is transformed
and then stored or exchanged in electronic form.

III. CLASSIFICATIONS OF ELECTRONIC EVIDENCE
Electronic evidence can be categorized into several divisions and classifications according to various
criteria.
A. Classification by Type7
This includes documents written on a computer, messages written and sent via e-mail, and texts sent by
mobile phone or voice recordings. The electronic evidence can be recorded and stored on a cell phone or on
an app. Digital photos, either as hard copies printed out or stored digitally, are clear examples of the visualfacts of the crime.8
B. Classification by Method
Classification by method of data creation was established by the US Department of Justice in 2002.This
includes records created with computer software, known as outputs, such as log files, ATM bills, and mobile
phone records, records saved by plugging data created by computer programmes and software, inputs
processed by Excel calculations, records kept on computer, such as written documents, and saved as word
processing files, chat room messages, and saved e-mails.9
C. Classification by Purpose
The third category of classifying electronic evidence is according to the purpose for which it was created.
Accordingly, electronic evidence is subdivided into two categories. The first is evidence fit to be means of
proof.10 This includes phone bills and computer records, records part of which has been saved in the machineand processed by software. The second subdivision is evidence not prepared as a means of proof. This typeof digital evidence is unintentionally left behind by the perpetrator.11

IV. CHARACTERISTICS OF ELECTRONIC EVIDENCE
Electronic evidence has characteristics that distinguish it from other traditional forensic evidence, andthe most prominent characteristic is electronic evidence being scientific.12 Such evidence is used to provide
valid data and facts that have been presented for proving or denying the culpability of an offender using
high-quality science and data to make sure that the evidence can be relied upon by a court of law.13 Therefore,
accessed 5 Jun. 2022.
5
Biasiotti MA, Cannataci JA, Bonnici JPM, Turchi F (2018) Introduction: opportunities and challenges for electronic evidence.
In: Handling and exchanging electronic evidence across Europe. Springer, Cham, Switzerland, pp. 3–12.
6
Scientific Working Groupe on Digital Evidence <https://www.swgde.org/documents/published> accessed 5 Jun. 2022
7
Warken, C. (2018) Classification of electronic data for criminal law purposes, vol 4.
8Mason S, Seng D (2017) Electronic evidence. University of London Press  <https://doi.org/10.14296/517.9781911507079
9
Abdel-Muttalib MAM (2006) Search and criminal investigation in the digital computer and Internet crimes. National
Library.
10
Moussa, A.F. Electronic evidence and its authenticity in forensic evidence. Egypt J Forensic Sci 11, 20 (2021).
11
Ibid.
12
See note 6.
13
See note 9.

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each type of evidence is subjected to a test of its validity. This is an implementation of the rule that the law
seeks justice or knowledge to elicit the truth. Therefore, electronic evidence presented to a court of law
should be based on scientific logic, and there should be no doubt to its validity.14
Information technology includes many types of digital data that can be transmitted electronically.
Electronic evidence is a link between that data and the crime, and also a link between the victim and theperpetrator.15 Electronic evidence is analytical and able to monitor important information about theperpetrator and allow forensic specialists to analyse their electronic or digital footprints to identify the
movements, habits, and electronic behaviours of a perpetrator. It is required for forensic evidence to be
accepted as evidence if it is obtained legally. Investigators are required to collect evidence according to thepolicies and procedures set by law.16

V. CONCEPT OF TRUSTWORTHINESS
Any judge who hears and determines a case involving electronic evidence will certainly consider thetrustworthiness of the witnesses and the evidence tendered. There are two qualitative dimensions of theconcept of trustworthiness.
•

Reliability•

Authenticity

Reliability means to demonstrate that the record can stand for the facts to which it attests. Authenticity
means the record is what is claims to be.17 Reliability and authenticity are conditions precedent toadmissibility.18

VI. SRI LANKAN PERSPECTIVE
The admissibility of electronic evidence is considered in accordance with the provisions of the Evidence(Special Provisions) Act No. 14 of 1995 and Electronic Transactions Act No. 19 of 2006 in Sri Lanka.  Section
4 of the Evidence (Special Provisions) Act stipulates how any contemporaneous recordings are admissible. In
a similar manner, section 5 of the said Act stipulates the manner in which any information contained in any
statement produced by a computer shall be admissible. In either case, it is a prerequisite to give 45-days’
notice before the date fixed for inquiry or trial, in accordance with section 7 of the said act. In the case of
Abeygunawardena vs. Samoon and others,19 the Court of Appeal held that compliance with section 4 ismandatory for electronic evidence. In the case of Attorney General vs Potta Nauffer and others,20 the court
accepted the computer-generated evidence in respect of telephone call records as admissible as there wassufficient compliance with the provisions of the Evidence (Special Provisions) Act. Section 22 of the Electronic
Transactions Act No. 19 of 2006 stipulates the situations where the Electronic Transactions Act is notapplicable. Further, section 21 stipulates that the court shall, unless the contrary is proved, presume thetruth of the information contained in a data message, or any electronic document. Therefore, it demonstrates
that there is a dual regime applicable in Sri Lanka in respect of admissibility of electronic evidence.
14

Golubtsov VG (2019) Electronic evidence in the context of e-justice. Civil Procedure Bull 9(1):170–188. https://doi.
org/10.24031/2226-0781-2019-9-1-170-188
15
Losavio MM, Pastukov P, Polyakova S, Zhang X, Chow KP, Koltay A, James J, Ortiz ME (2019) The juridical spheres for
digital forensics and electronic evidence in the insecure electronic world. Wiley Interdiscip Rev Forensic Sci 1(5):e1337.
16
Rajan AV, Ravikumar R, Al Shaer M (2017) UAE cybercrime law and cybercrimes – an analysis. In: 2017 International
Conference on Cyber Security and Protection of Digital Services (Cyber Security). IEEE, p. 1-6.
17
Heather MacNeil, Trusting Records, Legal Historical and Diplomatic Perspectives- Kluwer Academic Publishing 2000.
18
Daniel K.B. Seng, Computer output as evidence, 1977 sing JLS 161-3
19
2007 I SriLR 276.
20
2007 2 Sri LR 144.

167

RESOURCE MATERIAL SERIES No. 114

The United Nations Office on Drugs and Crime has formulated a module21 for Digital evidence admissibility,
assessment, consideration and determination.22 This module consolidates common legal and technicalrequirements for evidence admissibility across jurisdictions. More importantly, this module paves the way
for standardization of digital forensics practices, which is key to ensuring the admissibility of digital evidence
across different jurisdictions. Taking in to account the transnational nature of cybercrime, such a harmonizationof digital forensics practices is not only of paramount importance to the investigation of cybercrime, but is alsoessential to international cooperation on cybercrime matters.23
It will be crucial to see how the evidence collected after the Easter Sunday Attacks, May 9th Incidents
and the evidence found in social media is presented to court as electronic evidence.

VII. CONCLUSION
The study leads to the conclusion about the need for the adoption of international agreements on
harmonization of digital forensic practices to preserve electronic evidence from destruction and vandalism,
and obligate countries to implement and abide by these agreements.
In order to achieve ultimate results from adopting uniform digital forensic practices, capacity-building of
those responsible for investigating and prosecuting crimes related to computer and information technology
must be implemented continuously. Further, it is also necessary to develop capacity-building programmes
for judges on assessing electronic evidence, focusing on the technological aspects of electronic crime which
would enable the justice professionals to find the perpetrators of cybercrime and obtain evidence to convict
them.

21

https://www.unodc.org/e4j/en/cybercrime/module-6/key-issues/digital-evidence-admissibility.html
Albert Antwi-Boasiako, Hein Venter. A Model for Digital Evidence Admissibility Assessment. 13th IFIP International
Conference on Digital Forensics (DigitalForensics), Jan 2017, Orlando, FL, United States. pp. 23-38, ff10.1007/978-3-319-672083_2ff. ffhal-01716394f
23
Ibid.
22

168

REPORT OF THE COURSE
The 178th International Training Course on Criminal Justice (Online)“Cybercrime and Digital Evidence”

1. Duration and Participants• From 14 June to 7 July 2022
• 29 overseas participants from 14 jurisdictions
2. Programme Overview
Criminals abuse newest cyber technologies and leave digital footprints at all stages of their activities.
Digital evidence crosses borders so easily that investigation and prosecution have become even morechallenging. This programme provided criminal justice authorities with knowledge and expertise to tackle
all crimes that involve digital evidence. Particular focus was placed on (1) finding, preserving, collecting,analysing and utilizing digital evidence and (2) international cooperation regarding investigation of cybercrimeand all other crimes that involve digital evidence. This programme was exclusively conducted online due tothe Covid-19 pandemic.
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 the“Criminal Justice System in Japan”, “The overview of Rules of Evidence in Japan” and “Legal
Developments Related to Digital Evidence in Japan”. The visiting experts from overseas and Japaneseexperts also gave informative lectures:•

Visiting Experts- Ms. Lina Aksu
Judicial Cooperation Officer
Eurojust, SIRIUS Project Team
“Challenges investigating cybercrime and gathering cross-border digital evidence”-•

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

Ad hoc lecturer- Mr. YAMAZAKI Takayuki
Deputy Director, Traffic Planning Division, Traffic Bureau National Police Agency“Tackling Cybercrime at INTERPOL”-

Mr. WATANABE Kazuhiko
Assistant Director, Cyber Policy Planning Division Cybercrime Affairs Bureau, National Police
Agency “Cybercrime Realities and Countermeasures”-

Mr. HARASHIMA Ichiro Public Prosecutor
Criminal Affairs Department, Osaka District Public Prosecutors’ Office “Practical Operations on
Electronic Evidence, etc.”(2) Group Work
Participants were divided into four groups based on time zones and the themes of their choice for the
Individual Presentations sessions and discussions.

169

RESOURCE MATERIAL SERIES No. 114
 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 were recorded
and uploaded online for reference by participants in other groups or those who could not attend thesessions.
 Discussions
Participants had fruitful discussions on the themes of the Programme: (i) finding, preserving, collecting,analysing and utilizing digital evidence and (ii) international cooperation regarding investigation of
cybercrime and all other crimes that involve digital evidence.
•

Finding, preserving, collecting, analysing and utilizing digital evidenceFirst, common issues mainly discussed were “capacity-building of criminal justice practitioners
dealing with digital evidence”, considering that there were differences in the legal systems andprocedures for the handing of digital evidence in each country. The participants, based on theactual situation in their respective countries, exchanged opinions on the “necessity of acquiring
specialized knowledge” and “enhancement of digital forensic technology and equipment”. Proposals
were made regarding the need for public relations and awareness-raising activities as part ofmeasures against cybercrime, and many pointed out the importance of public-private partnerships
for that purpose.

•

International cooperation regarding investigation of cybercrime and all other crimes that involve
digital evidence
Regarding international cooperation, the general issues are the delay in responding to requests formutual legal assistance in investigations, the complexity of procedures, and the small number ofmember countries of the Budapest Convention. As measures to promote international cooperation,
the participants were in favour of promoting informal information exchanges, recognizing thenecessity of collecting and analysing digital evidence in collaboration with law enforcement agencies
in other countries.

(3) Action Plans
Each group concluded the programme by presenting their own action plans based on the challenges
they identified and what they learned in the lectures, presentations by the colleagues and discussions.
4. Feedback from the Participants
Almost all participants commented that they would have preferred face-to- face training in Japan;
however, various lectures and discussions were enriched, and informative knowledge and practices were
exchanged during the online course.
5. Comments from the Programming Officer
The theme of “Cybercrime and Digital Evidence” is an issue that all countries are interested in, and I felt
the enthusiasm of each participant in the course. Information and communication technology is advancing
day by day, and new types of cybercrime are appearing one after another. In this regard, effective
countermeasures against them have become an urgent issue in each country. For this reason, as each lecture
contained cutting-edge knowledge and practical experiences, including contents that were difficult forparticipants to obtain in their own countries, the participants were highly interested, which led to active
discussions. We hope that the knowledge gained from this course will be utilized in the development andenhancement of each participant’s jurisdiction.

170

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No. 114APPENDIX

UNAFEI

PHOTOGRAPHS
THE 177th INTERNATIONAL SENIOR SEMINAR173

RESOURCE MATERIAL SERIES No. 114

THE FIRST INTERNATIONAL TRAINING COURSE ON BUILDINGINCLUSIVE SOCIETIES174

PHOTOGRAPHS

THE 178th INTERNATIONAL TRAINING COURSE

175

RESOURCE MATERIAL SERIES No. 114

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

176

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

177

RESOURCE MATERIAL SERIES No. 114

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

178

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

179

RESOURCE MATERIAL SERIES No. 114

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

180

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

181

RESOURCE MATERIAL SERIES No. 114

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 World

114

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

Preventing Reoffending through a Multi-stakeholder Approach

177

Jan-Feb 2022

Protection of the Rights of Crime Victims Including Children

1st Inclusive
Societies

Mar 2022

178

Jun-Jul 2022

Cybercrime and Digital Evidence

182

ISSN 0256-5471
ISBN 978-4-87033-339-0

Printed in Japan by KITAJIMA Co., LTD.