ISSN 1020-914X

UNAFEI

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

No. 117
June 2005

Established1961
IN THIS ISSUE
Page

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

THE 130TH INTERNATIONAL TRAINING COURSE ............................................................................................. 3

INTEGRATED STRATEGIES TO CONFRONT DOMESTIC VIOLENCE AND CHILD ABUSE
Course Rationale ........................................................................................................................................... 3
Course Summary ........................................................................................................................................... 11
Lecture Topics ............................................................................................................................................... 12
Individual Presentation Topics ..................................................................................................................... 15Group Workshop Sessions ............................................................................................................................ 17
Observation Visits ......................................................................................................................................... 20Group Study Tour ......................................................................................................................................... 21
Special Events ............................................................................................................................................... 22
Reference Materials Distributed ................................................................................................................... 24
Experts and Participants List ........................................................................................................................ 27
TENTH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICE OFFICIALS OF THE PEOPLE'S
REPUBLIC OF CHINA ................................................................................................................................................ 30
THE FIRST SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA ............................................................. 32
INFORMATION ABOUT FORTHCOMING PROGRAMMES .................................................................................. 34
Second Training Course on Strengthening the Anti-Corruption Capacity in Thailand ................................. 34
The 131st International Training Course ....................................................................................................... 34
ADMINISTRATIVE NEWS.......................................................................................................................................... 38
Faculty Changes ........................................................................................................................................... 38
Overseas Trips by Staff ................................................................................................................................. 38
FACULTY & STAFF OF UNAFEI .............................................................................................................................. 40

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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

NO.117

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LETTER FROM THE DIRECTORth

It is my privilege to inform readers of the successful completion of the 130 International
Training Course on "Integrated Strategies to Confront Domestic Violence and Child Abuse" which
took place from 16 May to 23 June 2005.
In this Course, we welcomed nine Japanese and fourteen overseas participants, and two
overseas observers: nine from Asia, four from Africa, two from the Pacific and one from Central
America. They included police officers, public prosecutors, a judge, probation officers, correctional
officers, a public defender and other high-ranking public officials.
As this newsletter demonstrates, the Course was extremely productive. It consisted of individual presentations, group workshop sessions, visits to relevant criminal justice agencies, andpresentations by visiting experts, faculty members and ad hoc lecturers.
Up until fairly recently criminal justice agencies were reluctant to intervene in violence andabuse in the family directed at women and children. Often such behaviour was regarded as nothing more than a marital dispute or a parent’s effort to discipline their child. However, due to a
growing realization of the seriousness of the effects of such abuse, including severe physical injury, long term psychological damage, economic costs to society and the cycle of violence that issometimes generated, this issue has become of increasing concern to the international community.
The actions of the United Nations, including establishing many important norms and guidelines, such as the 1978 Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the 1989 Convention on the Rights of the Child, CEDAW general recommendations and many General Assembly resolutions calling for action against domestic violence andchild abuse, have made the international community aware of its responsibilities. This has led tomany governments changing their national policy and in turn making the public aware of the importance of these issues. As a result people’s perception of violence in the home has changed.
However, there is still a great amount of work that needs to be done to improve the situation andit was hoped that this Course would help provide some solutions.
During the Course the participants diligently and comprehensively examined the situation ofdomestic violence and child abuse, primarily through a comparative analysis of the current situation. The participants’ shared their own experiences, and knowledge of the issues, and identified
problems and areas in which improvements could be made. After engaging in in-depth discussions
with the UNAFEI faculty and visiting experts, the participants were able to put forth effective andpractical solutions that could be applied in their respective countries.

I would like to offer my sincere congratulations to all the participants upon their successful
completion of the Course, made possible by their strenuous efforts. My heartfelt gratitude goesto the visiting experts and ad hoc lecturers who contributed a great deal to the Course’s success.
Furthermore, I appreciate the indispensable assistance and cooperation extended to UNAFEI byvarious agencies and institutions, which helped diversify the programme.
A warm tribute must be paid to the Japan International Cooperation Agency (JICA) for its

2

immeasurable support throughout the Course. At the same time, I must express great appreciation
to the Asia Crime Prevention Foundation (ACPF) and its branch organizations for their substantial
contributions. Lastly, I owe my gratitude to all the individuals whose unselfish efforts behind thescenes contributed significantly to the successful realization of this Course.
Upon returning to their home countries, I genuinely believe that, like their predecessors, thestrong determination and dedication of the participants will enable them to work towards the improvement of their respective nation’s criminal justice systems, and to the benefit of the international society as a whole.
thFinally, I would like to reiterate my best regards to the participants of the 130
International Training Course. I hope that the experience they gained during the Course proves
valuable in their daily work, and that the bonds fostered among the participants, visiting experts,
and UNAFEI staff will continue to grow for many years to come.

June 2005

Kunihiko Sakai
Director, UNAFEI

3

THE 130TH INTERNATIONAL SENIOR SEMINAR“INTEGRATED STRATEGIES TO CONFRONT DOMESTIC VIOLENCE
1
AND CHILD ABUSE ”

Course Rationale

Background and Current Situation
Formerly, public authorities, including criminal justice agencies, did not intervene in violence and/or abuse in the family directed at women and children, even though the violence and/or
abuse was serious enough to constitute a severe human rights violation and/or a crime.
Historically, a patriarchal family system rooted in Roman law has dominated domestic relations.
Male domination and control over females, and parents’ domination and control over children,were regarded as natural in a society where patriarchism predominated.
The majority of victims, namely, women and children, had little choice because they depended on the perpetrators, namely, men and parents, for their survival. Thus, they were reluctant
to accuse the perpetrators. Also, such behaviour was generally recognized as nothing more thana marital dispute and/or a parents’ effort to discipline their own children. Criminal justice agencies, as well as the public, believing that the authorities should not interfere in family disputes,
were often unwilling to intervene in such private matters.
On the other hand, substantial research has highlighted the adverse effects caused by such
violence and/or abuse in the family. In addition to the immediate effects such as physical injury
and psychological damage to victims and economic costs to society, there are also less obvious
2
but equally harmful long-term effects. Victims of child abuse tend to experience developmental
disturbances both physically and psychologically. And there is evidence that a "Cycle ofViolence" is created in which childhood abuse increases the likelihood of future delinquency andadult criminality. In some cases, abusive men are killed by their female victims, who, after years
of intolerable abuse, finally get their revenge. Thus, it is entirely fair to say that domestic violence and child abuse are serious problems to be confronted in view of the sound development ofyouth and in view of crime prevention, especially further family violence of the same kind.
In recent years, due to the seriousness of their effects, domestic violence and child abusehas become an issue of concern to the international community. Although governments makesome efforts to alleviate the problem, they are still searching for better solutions. In this context,
the sharing of information and experience among nations is highly beneficial.

1

2

There are several definitions of domestic violence and those of child abuse; some are narrower thanothers. In this course, however, the term "domestic violence" means violence against women/men by
their male/female partners in an intimate relationship. Also, the term "child abuse" means physical,
sexual and emotional abuse and neglect of a child by his/her parent(s) or guardian(s).
Including children who have witnessed domestic violence.

4

UN Norms and Guidelines
In 1948, the United Nations enumerated basic human rights in the Universal Declaration of3
Human Rights . However, it was not until the 1970s that the United Nations and the world community really focused on the issue of domestic violence and child abuse. Women’s Rights andVictims’ Rights, which came to be acknowledged by the international community at that time, fostered a worldwide awareness of the issue. In 1978, the General Assembly adopted the"Convention on the Elimination of All Forms of Discrimination against Women" and the State
Parties agreed "to pursue by all appropriate means and without delay a policy of eliminating dis4
crimination against woman" . In 1985, the "Declaration of Basic Principles of Justice for Victimsof Crime and Abuse of Power" was adopted by the General Assembly and it was clarified that"a person may be considered a victim ...regardless of the familial relationship between the perpe5
trator and the victim" .
As regards protection of child abuse victims, the "Convention on the Rights of the Child"in 1989 stated "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while
6in the care of parent(s), legal guardian(s) or any other person who has the care of the child" .
Also, "United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh
Guidelines)" in 1990 required governments to tackle the issue of the prevention of domestic violence and fair treatment to victims of domestic violence "within and outside the criminal justice7
system" .
The General Assembly resolution on "Domestic Violence" urges Member States to establish
and implement multidisciplinary policies to confront the issue. In particular, it specified four aspects to be tackled as follows: (a) prevention, (b) treatment and assistance to the victims, (c) in8
crease of awareness and sensitivity and (d) treatment for the offenders .
The Third World Conference on Women held in Nairobi in 1985 and the World
Conference on Human Rights held in Vienna in 1993 highlighted the importance of working towards the elimination of violence against women in public and private life. The "Declaration on
9
the Elimination of Violence against Women" , which was adopted by the General Assembly in
1993, clearly stated that violence against women constitutes a violation of the human rights of10
women . In this declaration, the term "violence against women" means any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm or suffer11
ing to women whether occurring in public or in private life . It also declares that "States should
12
condemn violence against women" . In 1993, the United Nations produced a manual for practi-

3

General Assembly resolution 217 A (III).
General Assembly resolution 34/180, Article 2.
5
General Assembly resolution 40/34, Article 2.
6
General Assembly resolution 44/25, Article 19.
7
General Assembly resolution 45/112, Article 51. In these guidelines, domestic violence includes childabuse.
8
General Assembly resolution 45/114, Article 1. In this resolution, domestic violence means violenceagainst children, the elderly and "those especially vulnerable because of disability" as well as women.
9
General Assembly resolution 48/104.
10
Ibid. preamble.
11
Ibid. Article 1.
12
Ibid. Article 4.
4

5
13

tioners on the subject of domestic violence . A large part of the manual discussed the criminal
justice approach.
In 1995, the Fourth World Conference on Women held in Beijing adopted the "Beijing
Declaration and Platform for Action". It provides two strategic objectives concerning the issue ofviolence against women, namely, to "take integrated measures to prevent and eliminate violenceagainst women" and "study the causes and consequences of violence against women and the effec14
tiveness of preventive measures" . In the Twenty-third Special Session of the General Assembly
held in New York in 2000, governments and the international community reaffirmed their commitment to the Platform for Action and a common development agenda, with gender equality as anunderlying principle.
Such action taken by the United Nations and other international agencies changed the recognition of the international community on the issue of domestic violence and child abuse,
namely, it is no more a hidden and perennial social problem to be ignored regardless of its serious
consequences. Many governments, on the basis of such renewed recognition, actually started tochange their national policy on the issue and introduced preventive measures, including raisingpublic awareness.
Focal Points of the Course
In consideration of the above, it is clear that governments are required to take effective action against domestic violence and child abuse as follows: (a) make a comprehensive plan whichfits the reality through reviewing the current situation and clarifying target points to be solved; (b)develop integrated multidisciplinary networking to tackle the issue among related sectors such as
criminal justice agencies, health and medical services, educators, social services and the community; (c) have the political will to prioritise the issue , and (d) collaborate on an international levelwith fellow governments and international agencies such as the United Nations.
Giving due consideration to the above rationale, UNAFEI, as one of the regional institutesof the United Nations for the Prevention of Crime and the Treatment of Offenders, intends tostudy the issue of domestic violence and child abuse in order to enhance its countermeasures.
The five focal areas of discussion in this training course will be as follows:(1) Prevention (Primary Prevention)
Working to prevent domestic violence and child abuse requires a range of educational activities and an information drive; the main purpose of such activities being to raise public awareness. In other words, the public should acknowledge that the issue of domestic violence and childabuse is not just a private, family matter, but a serious human rights violation which needs to beprevented by the community as a whole. In addition, other types of educational activities mightprove useful such as training in parenting for parents and soon to be parents and providing educational and vocational training programmes for women to improve their social status.

13"Strategies for Confronting Domestic Violence: a Resource Manual", United Nations, New York, 1993.
In this manual, domestic violence means violence against women, children, the elderly and the disabled within their homes. However, it limits its scope to the violence perpetrated by male partners
against their female partners, hoping that the strategies that it presents can also be used against othertypes of domestic violence.
14
Ibid. Chapter IV: Strategic Objective and Actions.

6(2) Intervention (Secondary Prevention) and Protection of Victims
The authorities are required to stop domestic violence and child abuse as soon as any
agency learns it is happening or it is about to happen. Victims or women and children at risk
should be identified and these cases need to be reported so that the authorities can take necessary
action. Setting up a special drop-in centre for women and children at risk and a hot-line service,
which accepts reports from the public, may be useful.
On the other hand, it is often difficult to detect such crimes or dangerous situations earlyenough for timely intervention, because they usually occur in private. Governments need to beaware that their actions may be considered an unreasonable invasion of family and personal privacy, and parental rights when they intervene in such cases. In consideration of this, governments
are required to establish appropriate legislation and guidelines for practice, and to monitor its implementation. In particular, several issues as follows need special attention: entry into private
premises by administrative authorities for investigation purposes; victim protection in the form offorbidding any contact between perpetrators and victims; court-ordered tentative restrictions on parental rights; protection orders that restrain the offender from causing further violence to the victim; and sanctions including criminal punishment for breaches of court orders. Criminal justiceagencies must balance two expectations which do not necessarily harmonize, namely: prioritising
victims’ safety by providing them with appropriate and timely protection; and paying sufficient attention to the perpetrators’ rights, including ensuring due process and the right of complaint.
(3) Criminal Investigation and Sentencing Process (Including Victim Protection)
Criminal proceedings should be the norm in dealing with cases in which domestic violence
and/or child abuse appears to constitute a crime, just like with any other act of violence.
However, many such cases present special procedural difficulties. It might be difficult for investigators to decide when, and on which evidence, to initiate a formal investigation and arrest thesuspects. Especially, in cases in which the victim is not fully cooperative, it is necessary to determine whether to continue the investigation.
In many cases, such alleged criminal activity is "the tip of the iceberg", namely, just a partof a series of similar victimizations which have been repeated over a long period of time.
Investigators should endeavour to pursue the perpetrators with appropriate criminal charges whichcorrespond to the gravity of their behaviour as a whole. Thus investigators are required to clarify
the entire course of the perpetrator’s wrongdoing and evaluate its gravity even if they can prosecute only one or two particular incident(s) due to a lack of evidence.
A lengthy investigation and judicial process may enable the perpetrator to pressurize andintimidate the victim while the victim may become less willing to continue the proceedings.
These factors may mislead the investigator and the court into an inappropriate assessment concerning the seriousness of the alleged criminal activity and the likelihood of further offending. Thus
investigators and the courts should continue criminal proceedings without delay.
Victims should be provided sufficient protection during the investigation and court proceedings. There are three main measures in order to achieve this goal as follows: (a) to provide training programmes for the police and prosecutors who deal with cases of domestic violence and childabuse so that they are better able to handle such cases, (b) to establish safeguards for victims whoreport the perpetrators to the police so that they will not suffer revenge from the accused and social disadvantage, (c) to establish a witness protection programme so that victims who testify incourt will be protected from psychological pressure and/or threats by the perpetrator.

7(4) Treatment for Perpetrators
After sentencing, some perpetrators will be imprisoned while others will be put under probationary supervision in the community. Under either treatment framework, namely, the institutional setting or the community setting, the offenders should be punished according to theircriminal responsibilities and should also be treated so that they will change their behaviour andattitude. Better results will be achieved if the treatment providers understand the nature of thesetypes of offences and the offenders.
Many of them are perpetrators and, at the same time, victims. In other words, many ofthem have unresolved psychological conflicts within them, often as a legacy of their childhood
victimization. Therefore, in such cases it is not necessarily appropriate to apply to them established treatment methods for offenders in general. Thus, it is important to develop effective andevidenced-based treatment programmes which are tailored to their own needs. Some treatment
programmes, using a group format based on the cognitive behaviour approach, appear to be promising.
(5) An Integrated Approach to the Issue of Domestic Violence and Child Abuse
Given that each stage mentioned above should have consistency and requires integrated networking among related agencies and the community, it is clear that governments should take a national initiative and formulate a comprehensive plan. Governments need to raise the public’s
awareness so that the issue becomes recognized as an important social problem, and have the political will to prioritise it, and pass the necessary legislation.
Criminal justice agencies are required to develop an integrated approach and to implement
it in practice through networking with related sectors such as health and medical services, educators, social services and the community, as well as internal coordination. It is expected that evidence-based research will develop and help to enhance the comprehensive plan mentioned above,in particular, improving both victim protection and a treatment programme for perpetrators.
In consideration of the above mentioned, the participants are required to seek feasible
measures to tackle the issue.
ANNEX
Possible discussion points in this training course will be as follows:(1) Domestic Violence(a) The current situation and problems concerning the prevalence of domestic violence in therespective countries(b) The current legislation and its limitations in the respective countries• Outline of legislation• Mechanisms for the early identification of domestic violence cases and measures to provide immediate protection to victims/women at risk
• Legal measures for victims’ physical safety

8• Legal measures that restrain the perpetrator from causing further violence to the victim• A legal framework supporting a perpetrator treatment programme• Ensuring due process for perpetrators and their right to make a formal complaint against
disadvantageous court dispositions and administrative orders• Legal assistance for the victims• Victims’ participation and representation in the criminal process• Offering information to the victim on the status of the case and whereabouts of the accused• Victim support, including compensation• Outline of applicable punishments and sanctions against perpetrators(c) The current situation of criminal proceedings (investigation and sentencing) and their limitations• When and on which evidence to initiate an investigation• Difficulty in dealing with cases in which the victim is the only witness or the other witnesses are all family members• Difficulty in collecting evidence in cases in which a series of violence/abuse has been
repeated over a long period of time
• Deciding whether to continue the criminal proceedings when the victim is unwilling tocooperate, despite numerous incidents of violence/abuse• Witness protection• How to progress

criminal proceedings with due process and without delay• Fostering networking with related agencies and the community(d) The current treatment programmes for perpetrators and their limitations• Institutional treatment• Community-based treatment• Promising treatment programmes, including those by other agencies or the private sector(2) Child Abuse(a) The current situation and problems concerning the prevalence of child abuse in the respective countries

9(b) The current legislation and its limitations in the respective countries• Outline of legislation• Mechanisms for the early identification of child abuse cases and measures toimmediate protection to victims/children at risk

provide• Legal measures for victims’ physical safety• Legal measures that restrain the perpetrator from causing further violence to the victim• Legal measures for perpetrator treatment programmes• Ensuring due process for perpetrators and their right to make a formal complaint against
disadvantageous court dispositions and administrative orders• Legal assistance for the victims• Offering information to the victim on the status of the case and whereabouts of the accused• Victim support, including compensation• Outline of applicable punishments and sanctions against perpetrators(c) The current criminal proceedings (investigation and sentencing) and their limitations• When and on which evidence to initiate an investigation• Difficulty in dealing with cases in which the victim is the only witness or the other victims are all family members• Difficulty in collecting evidence in cases in which a series of violence/abuse has been
repeated over a long period of time
• Deciding whether to continue the criminal proceedings when the victim is unwilling tocooperate despite numerous incidents of violence/abuse• Issue of confidentiality of child victims such as using closed hearings and limiting media
exposure• Witness protection• How to progress criminal proceedings with due process and without delay• Fostering networking with related agencies and the community

10(d) The current treatment programmes for perpetrators and their limitations• Institutional treatment• Community-based treatment• Promising treatment programmes, including those by other agencies or the private sector(3) Effective preventive measures against domestic violence and child abuse(a) Awareness raising and educational activities(b) Establishing and running a special drop-in centre and/or a hot-line service(c) A range of services for women and children offered by health and medical services andsocial services.
(d) How to cope with offenders who have unresolved psychological conflicts within them asa legacy of their childhood victimization(4) An Integrated approach to domestic violence and child abuse(a) National initiatives as a comprehensive plan(b) Measures to foster multidisciplinary networking(c) Measures to enhance collaboration with the community(d) Evidence-based research which provides a basis for policymaking

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Course Summary

Lectures
In total, eight lectures were presented by visiting experts, ten by ad hoc lecturers and six
by the professors of UNAFEI. Four distinguished criminal justice practitioners and scholars fromabroad served as UNAFEI visiting experts. They lectured on issues relating to the main theme,
and contributed significantly to the Course by encouraging discussions after their own lectures,
participating in the discussions of other programmes, and conversing with the participants on informal occasions. Additionally, distinguished senior officials of the Government of Japan delivered
ad hoc lectures. The lecturers and lecture topics are listed on pages 12 to 14.
Individual Presentations
During the first two weeks, each Japanese and overseas participant delivered an individual
presentation, which introduced the actual situation, problems and future prospects of his/her country. These papers were compiled onto a Compact Disc and distributed to all the participants. The
titles of these individual presentation papers are listed on pages 15 and 16.
Group Workshop Sessions
Group Workshop sessions further examined the subtopics of the main theme. In order to
conduct each session effectively, the UNAFEI faculty selected individuals to serve as ’group members’ for the sub-topics, based on their response to a questionnaire previously distributed. Selectedparticipants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, and visiting experts and faculty members served as advisers. Each group’s primary responsibility was to exploreand develop their designated topics in the group workshop sessions. The participants, experts and
UNAFEI faculty studied the topics and exchanged their views based on information obtained
through personal experience, the individual presentations, lectures and so forth. After the group
workshop sessions, reports were drafted based on the discussions in their groups. These reports
were subsequently presented in the plenary meetings and report-back session, where they were endorsed as the reports of the Course. Brief summaries of the group workshop reports are provided
on pages 17 to 19.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Course’s academic agenda, many activities were arranged to provide a greater understanding of Japanese society and culture, with the assistance of various organizations and individuals, including the Asia
Crime Prevention Foundation (ACPF). For more detailed descriptions, please refer to pages 20 to
23.

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Lecture Topics

Visiting Experts’ Lectures
1)

Dr. Harry Stefanakis (Canada)• The Implementation of Programmes for Offenders of Intimate Partner Violence in British
Columbia• Violence in Intimate Relationships: Working with Offenders

2)

Dr. Alexander Butchart (WHO)• Violence and Public Health: An Integrated, Evidence-based Approach to Preventing
Domestic Violence and Child Abuse - Part I• Violence and Public Health: An Integrated, Evidence-based Approach to Preventing
Domestic Violence and Child Abuse - Part II

3)

Ms. Kanwaljit Deol (India)• Crimes against Women Cells - The Delhi Police Experience• Training for Change

4)

Ms. Celia C. Yangco (Philippines)• A Comprehensive Approach to Prevention of Child Maltreatment in the Philippines:
Building Partnerships Among Agencies, Organizations and the Community - Part I• A Comprehensive Approach to Prevention of Child Maltreatment in the Philippines:
Building Partnerships Among Agencies, Organizations and the Community - Part II

UNAFEI Professors Lectures
1)

Mr. Haruhiko Higuchi, Professor, UNAFEI• Police of Japan2)

Mr. Tomoyuki Noge, Professor, UNAFEI• Investigation and Prosecution - Criminal Justice System in Japan3)

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

13

4)

Mr. Masato Uchida, Professor, UNAFEI• Institutional Corrections in Japan5)

Ms. Tae Sugiyama, Professor, UNAFEI• Community - Based Treatment of Offenders in Japan6)

Ms. Megumi Uryu, Professor, UNAFEI• UN Work on Domestic Violence and Child Abuse

Ad Hoc Lectures
1)

Prof. Hidehiko Kawazu, Tamagawa University• The Child Welfare System in Japan2)

Dr. Eiichi Senoo, Tokyo Institute of Psychiatry• Domestic Violence and Child Abuse in Japan: Present Status and Countermeasures• Pilot Project of Batterer Programme in Japan3)

Ms. Sayoko Nobuta, Director, Harajuku Counselling Centre• Violence in Families - Domestic Violence and Abuse - The Actual State of the Domestic
Violence Batterer Treatment Programme

4)

Mr. Takao Kaneko, Chief Family Court Probation Officer, Tokyo Family Court• Role of the Family Court in Child Abuse and Domestic Violence5)

Prof. Hiroko Goto, Chiba University• Legislation on Domestic Violence and Child Abuse

6)

Ms. Chiho Hatakeyama, Superintendent, National Police Agency• Dealing with Domestic Violence Cases

7)

Mr. Akihisa Maruyama, Superintendent, National Police Agency• Dealing with Child Abuse Cases

14

8)

Ms. Kazuko Hirakawa, Tokyo Feminist Therapy Centre and Ms. Ritsuko Nomoto, Women’s
Net Saya - Saya
• What is Necessary for the Protection of Victims? - Today’s Survivors of Domestic Violencein Japan (Process of Self-reliance for the Victims)

9)

Ms. Akiko Komatsu, Women’s Counselling, Kyoto (Study tour lecture)• What Should Local Governments do to Address Domestic Violence?

15

Individual Presentation Topics

Overseas Participants
1)

Mr. Lim Thong (Cambodia)• Country Report

2)

Mr. Hossam Eldin Mohamed Aly Abo Helw (Egypt)• Country Report

3)

Mr. Jioape Tukitoga Caginidaveta (Fiji)• Brief Overview on Domestic Violence and Child Abuse in Fiji

4)

Ms. Ligia Yvette Turcios Torres (El Salvador)• Domestic Violence and the Intervention of the Salvadorian State

5)

Ms. Irene Putrie (Indonesia)• Domestic Violence and Child Abuse

6)

Ms. Rosemary Nanjala Nabwana• Country Report

7)

Ms. Nor Azilah Hj. Jonit• Country Report

8)

Mr. Thuya Thein Tun Aung
• Country Report

9)

Mr. Akbar Nasir Khan (Pakistan)• Country Report

10)

Mr. Hilbert Macagaling Flor (Philippines)• Country Report

11)

Mr. Peleniseaila Ifo (Samoa)• Country Report

12)

Mr. Delana Mudiyanselage Sarath Abayagunawardana• Country Report

13)

Mr. Lameck M.H. Bankobeza (Tanzania)• Country Report

14)

Ms. Foelane Chipo Muronda• Country Report

15)

Mr. Chi Keung Kan (Hong Kong)• Country Report(Kenya)(Malaysia)(Myanmar)(Zimbabwe)(Sri Lanka)

16

16)

Mr. Jae Ho Lee (Korea)• Country ReportJapanese Participants
17)

Mr. Hiroshi Aoki
• Report from the Prosecution on the Measures against Domestic Violence

18)

Mr. Tomoyuki Hatakeyama• Treatment of Abused Delinquents in Juvenile Training Schools

19)

Mr. Katsuhiro Kasai• Outline of System and Practice of Protection Orders in the Law for the Prevention of
Spousal Violence and the Protection of Victims

20

Mr. Koji Miura• Treatment For Perpetrators of Domestic Violence and Child Abuse in the JapaneseCorrectional Institutions

21)

Mr. Masaki Nagai• Effective Treatment for Child Abuse - Current Situation and Problems of Child Abuse (Art.
28 of the Child Welfare Law) Cases

22)

Mr. Hiroki Sugimoto• Domestic Violence and Child Abuse in Probation/Parole Cases - Future Prospects of theJapanese Probation Offices

23)

Mr. Eiichi Suzuki• Parole Supervision of Domestic Violence Offenders in Japan24)

Ms. Asako Takashima• Criminal Law Regarding Children and its Enforcement in Japan25)

Mr. Hironori Yokoyama• Current Situation and Problems with Criminal Trials in Regard to Domestic Violence Casesand Child Abuse Cases

17Group Workshop Sessions

Group 1
Effective Criminal Justice Responses to Child Abuse and to Domestic Violence
Mr. Lim Thong
Mr. Hossam Eldin Mohamed
Aly Abo Helw
Ms. Irene Putrie
Ms. Foelane Chipo Muronda
Mr. Hironori Yokoyama
Mr. Hiroshi Aoki
Mr. Masaki Nagai
Ms. Ligia Yvette Turcios Torres(Cambodia)(Egypt)Visiting Expert

Ms. Kanwaljit Deol

(India)Advisers

Prof. Satoko Ikeda
Deputy Director Keisuke Senta
Prof. Motoo Noguchi
Prof. Tomoyuki Noge

(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Chairpersons

Rapporteur
Co-Rapporteurs
Members(Indonesia)(Zimbabwe)(Japan)(Japan)(Japan)(El Salvador)

Report Summary
In order to pursue the above assigned topic Group 1 agreed to the following agenda for
discussion: the problems inherent in the investigation and adjudication of Child Abuse (CA) andDomestic Violence (DV); ways to encourage reporting and appropriate responses; technical improvements of criminal justice procedures; and effective dispositions.
After discussing the above the Group agreed on the importance of education and publicawareness of the mechanisms of abuse. Insofar as criminal justice agencies were concerned, theGroup agreed: 1) On the importance of treating DV and CA as criminal acts. 2) The need for a
multidisciplinary approach to victim protection and support. 3) Victim protection should not compromise the offender’s right to due process and speedy criminal procedure. 4) The need to rehabilitate offenders to prevent them re-offending.
The Group then made the following recommendations: 1) Criminalize DV and CA acts toensure the purposes underlined by the relevant UN instruments. 2) Train and educate criminal justice personnel who deal with DV/CA. 3) Cooperate and collaborate with other agencies outside of
the criminal justice system. 4) Develop suitable programmes to treat offenders having regard to theavailable resources. 5) Utilize experts and technology to improve the performance of criminal justice agencies.

18Group 2
Protective Measures for Victims of Child Abuse and Domestic Violence
Mr. Jioape Tukitoga Caginidaveta
Mr. Katsuhiro Kasai
Mr. Sarath Abayagunawardana
Delana Mudiyanselage
Ms. Nor Azilah Hj. Jonit
Ms. Asako Takashima
Mr. Akbar Nasir Khan
Mr. Tomoyuki Hatakeyama
Ms. Rosemary Nanjala Nabwana(Fiji)(Japan)(Sri Lanka)

Visiting Experts

Dr. Alexander Butchart
Ms. Celia C. Yangco
Ms. Kanwaljit Deol

(WHO)
(Philippines)(India)Advisers

Prof. Megumi Uryu
Prof. Haruhiko Higuchi
Prof. Tae Sugiyama
Prof. Iichiro Sakata(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Chairperson
Co-Chairpersons

Rapporteur
Co-Rapporteurs
Members(Malaysia)(Japan)(Pakistan)(Japan)(Kenya)Report SummaryGroup 2 agreed to the following agenda for discussion: raising public awareness throughpublicity and education; minimizing victimization by encouraging reporting; interdisciplinary coordination to respond to reports of DV and CA.; ensuring the safety of victims; and legal and policy
solutions.
After extensive discussion of the above topics the Group came up with the following recommendations: 1) To promote general prevention the role of education and public awareness iscritical and media and private sector participation is very important. 2) The target of these awareness raising campaigns should be people from all strata of society. 3) In order to encourage reporting, protection of the source of information should be ensured and professionals dealing withvictims should be exempted from confidentiality. 4) Depending on the individual country’s socialand cultural circumstances, a system of mandatory reporting may be implemented to encourage thepublic to report domestic violence and child abuse. 5) Maximum channels should be available tothe public to seek relief and an interdisciplinary coordination mechanism can result in providing
immediate and direct relief to the victims. 6) Timely and appropriate level of intervention is vitalto ensure the safety of victims. 7) Counselling is not only important for victims but perpetrators
should also be targeted to improve their behaviour and break the cycle of violence. 8) Public education is a major way of minimizing secondary victimization by the community. Moreover, criminal justice practitioners should also be aware of the plight of victims and equipped with skills todeal with them appropriately. 9) A Legal framework for effective and prompt protective orders
should be in place and violations of these orders should be criminalized. 10) A holistic approache.g. Unified Family Courts is an alternative solution to the problem but its practical difficulties
should be taken into account. The most important thing is to provide relief and protection for victims and this should be at the forefront of existing and future judicial arrangements.

19Group 3Treatment Programmes for Perpetrators
Mr. Jae Ho Lee
Mr. Hiroki Sugimoto
Mr. Lameck M.H. Bankobeza
Mr. Chi Keung Kan
Mr. Koji Miura
Mr. Hilbert Macagaling Flor
Mr. Eiichi Suzuki
Mr. Thuya Thein Tun Aung
Mr. Peleniseaila Ifo(Korea)(Japan)(Tanzania)(Hong Kong)(Japan)(Philippines)(Japan)(Myanmar)(Samoa)Visiting Expert

Dr. Harry Stefanakis(Canada)Advisers

Prof. Tamaki Yokochi
Prof. Hiroyuki Shinkai
Prof. Masato Uchida(UNAFEI)(UNAFEI)(UNAFEI)

Chairperson
Co-Chairpersons
Rapporteur
Co-Rapporteurs
Members

Report Summary
In order to fully cover the above topic Group 3 agreed to discuss possible treatment
programmes for DV/CA perpetrators in the respective countries (the "Programme") under the following headings: purposes, target participants, setting, methodology, time frame, funding, staffing
arrangements and schedule of the Programme.
After extensive discussion Group 3 agreed that the perpetrators of DV/CA need to undertake a special perpetrators programme, and used the "Common Hybrid Model" as a guideline. In
order to implement this programme/guideline in each field (community and institutional), the different settings in the respective countries would have to be considered.
The Group concluded as follows: 1) States are obliged to promote treatment programmes
for DV/CA perpetrators. 2) Treatment programmes must address the risks, needs and characteristics
of target perpetrators. 3) States must consider the status of perpetrators such as inmates, probationers/parolees. 4) States can utilize programmes which are proven to be effective based on research
evidence. States may change such programmes depending on their own particular conditions. 5)
State government needs to co - operate with other stakeholders, such as, civil organizations, etc. 6)
Staff competency is important for successful treatment programmes, therefore, appropriate training
is essential. 7) Proper evaluation of the treatment programmes is important. 8) Safety of victims
and their family members should be considered in developing treatment programmes.

20

Observation Visits

Date

Agency/Institution

Main Persons Concerned

May 25

Tokyo Family Court• Mr. Takao Kaneko (Family Court
Probation Officer)

May 30Tokyo District Public Prosecutors
Office• Mr. Yasutoshi Murakami(Deputy Director, General Affairs
Department)

Ministry of Justice• Ms. Chieko Nohno (Ministerof Justice)

May 31

Tokyo Metropolitan Child
Guidance Centre• Mr. Satoshi Ohno
(Team Leader, Project Section)

June 7National Police Agency• Mr. Tetsuro Ito (Director General of
the Community Safety Bureau)

June 16

Fuchu Prison• Mr. Hideo Sato (SeniorResearcher)

June 21

Tokyo District

Supreme Court
June 22

Court• Mr. Seishi Kanetsuki(Chief Judge)• Mr. Tatsuo Kainaka (Justice)

Aiko Juvenile Training School for • Ms. Nobuko Murai(Superintendent)
Girls

21

Group Study Tour

Date

Location

Agency/Institution

Main Persons Concerned

June
2-4

Hiroshima
and Kyoto• Hiroshima Probation Office• Mr. Kiyoshi Tadano(Officer in Charge ofAffairs)• Shimotonoda Police Box• Mr. Hidetoshi Hatsutory(Police Inspector)

General22

Special Events

May 16

Welcome Party

May 18, 19, 23

Japanese Conversation Classes

The overseas participants attended three Japanese conversation classes and learned practical
Japanese expressions. The Sensei (teacher) was Ms. Kumiko Yanagisawa.
May 20Ping-Pong Tournament

The participants enjoyed a ping-pong tournament at UNAFEI in which the staff and faculty members of UNAFEI also participated. This was followed by a friendship party andprize-giving.
May 25

ACPF Minoru-Kai Party

The ACPF Minoru-Kai hosted an enjoyable party at the Sunshine Sixty building in central
Tokyo.
May 27

UNAFEI Olympics

The UNAFEI Olympic Games were held on the grounds of the Training Institute for
Correctional Personnel. The participants competed in such events as racket relay, tug of war
and the true or false quiz. Afterwards, there was a friendship party at UNAFEI.
May 30Courtesy Visit to the Ministry of Justice andReception by the Vice-Minister of Justice

After visiting the Ministry of Justice, a reception was held by the Vice-Minister of Justice,
Mr. Toshiki Hiwatari at the Lawyers Club, Tokyo.
June 9Meeting with

Volunteer Probation Officers and Friendship Party

A discussion session was arranged to exchange views between the Volunteer Probation
Officers (VPOs) and the participants. It was organized by UNAFEI and the Rehabilitation
Bureau of the Ministry of Justice. It was followed by dinner and a friendship party at
UNAFEI.
June 11 and 18

Home Visits

ACPF Fuchu Branch organized dinners for the participants and visiting experts in thehomes of members from the Fuchu International Exchange Salon, Tokyo Fuchu Rotary Cluband Soroptimist International of Tokyo, Fuchu. The hosts were Mr. Yoshiyuki Sakano, Ms.
Chitose Sashida, Mr. Yasuhiro Momota, Ms. Yuriko Ishizuka and Mr. Shigeyuki Ogawa.

23

June 12

UNAFEI Barbecue Party

The participants and UNAFEI staff enjoyed a Sunday afternoon barbecue party on thelawn at UNAFEI. Entertainment was provided by the new UNAFEI band.
June 16

ACPF Fuchu Party

The ACPF Fuchu branch hosted an enjoyable party for the participants and their hostfamilies at UNAFEI.
June 18

The Way of Tea

The participants enjoyed lunch at Tanaka House in Kyodo-no-Mori park. This was followed by "Chan-no-yu" or "Sado", a formal Japanese tea ceremony hosted by Soroptimist
International Tokyo, Fuchu.
June 22

Suntory Brewery Visit

The participants visited the Suntory brewery where they were given a guided tour.
Afterwards the Fuchu Rotary Club hosted a very enjoyable party.
June 23

Farewell Party

24

Reference Materials Distributed

I. UN Conventions, Standards and Norms
U.N. 1948 G.A.Res. 217IIIA. Universal Declaration of Human Rights.
U.N. 1978 G.A.Res. 34/180 Convention on the Elimination of All Forms of Discrimination against
Women.
U.N. 1985 G.A.Res. 40/34 Declaration of Basic Principles of Justice for Victims of Crime andAbuse of Power.
U.N. 1989 G.A.Res. 44/25. Convention on the Rights of Child.
U.N. 1990 G.A.Res. 45/112 Art. 51. United Nations Guidelines for Prevention of Juvenile
Delinquency (The Riyadh Guidelines).
U.N. 1990 G.A.Res. 45/114 Art. 1. Domestic Violence.
U.N. 1993 G.A.Res. 48/104. The Declaration on the Elimination of Violence against Women.
U.N. 1993 Strategies for Confronting Domestic Violence: a Resource Manual.
U.N. 1995 Beijing Declaration and Platform for Action (Violence against women).
U.N. 2003 G.A. Res. 58/147 Elimination of Domestic Violence against Women.
II. Overviewing the Existing Problems
Kevin Browne & Martin Herbert. 1997. Introduction and Ch. 1 "Forms of family violence andlevels of prevention" in Preventing Family Violence, pp. 1-22.
WHO. 2002. Ch. 3 "Child abuse and neglect by parents and other caregivers" in The World
Report on Violence and Health, pp. 59-86.
WHO 2002. Ch. 4 "Violence by intimate partners" in The World Report on Violence and Health,pp. 89 - 121.
Ministry of Justice, Japan 2003. Ch. 2 "Overview of domestic violence" in Study Concerning
Perpetrators of Domestic Violence (DV) Research Department Report 24, pp. 8-19.
Lundy Bancroft & Jay G. Silverman. 2003. Ch. 2 "Power parenting: The batterer’s style with children" in The Batterer as Parent: Addressing the Impact of Domestic Violence on Family
Dynamics, pp. 29-53.
Kevin Browne & Martin Herbert. 1997. Ch. 4 "Predicting spouse maltreatment" In Preventing
Family Violence, pp. 60-84.

25

Kevin Browne & Martin Herbert. 1997. Ch. 6. "Predicting and preventing child maltreatment" inPreventing Family Violence, pp. 111-145.
WHO. 2004. Ch. 2 "Costs of interpersonal violence" in The Economic Dimensions of Interpersonal
Violence, pp. 13-27.
Sylvia Walby. 2004. The Cost of Domestic Violence.
Suzette Fromm. 2001. Total Estimated Cost of Child Abuse and Neglect in the United States.
Ministry of Justice, Japan. 2003. Excerpt from Ch. 5 Perpetrator Study Conducted by the Research
Department of the Research and Training Institute of the Ministry of Justice in Research andTraining Institute, Research Department Report 24, pp. 31-32, 209-217.
Theodore Cross et. al. 2003. "Prosecution of Child Abuse: A Meta - Analysis of Rates of Criminal
Justice Decisions" in Trauma, Violence, & Abuse, Vol. 4, No. 4, Oct. 2003, pp. 323-340.
III. Effective Responses to Victims (including prevention)
Audrey Mullender. 2000. Briefing Note "Reducing Domestic Violence... What works?: Meeting the
Needs of Children".
Lundy Bancroft & Jay G. Silverman. 2002. Ch. 9 "Improving community responses to the parenting of batterers" in The Batterer as Parent: Addressing the Impact of Domestic Violence on
Family Dynamics, pp. 188-213.
Kevin Browne & Martin Herbert. 1997. Ch. 11 "Preventing the cycle of violence" In Preventing
Family Violence, pp. 246-270.
Kevin Browne & Martin Herbert. 1997. Ch. 5 "Preventing spouse maltreatment" In Preventing
Family Violence, pp. 85-110.
Zweig and Burt. 2003. "Effects of interactions among community agencies on legal system responses to domestic violence and sexual assault in STOP - Funded communities" in Criminal
Justice Policy Review June 2003, pp. 249-272.
IV. Legal and Social Changes
Boston College Third World Law Journal Book Review. 2004. Criminalizing Marital Rape inIndonesia: Violence against Women in Asian Societies. Edited by Lenore Manderson and Linda
Rae Bennett, Boston College Third World Law Journal, Spring 2004, pp. 421-441.
Irene Fernandez. 1992. "Mobilizing on All Fronts: A Comprehensive Strategy to End Violence
Against Women in Malaysia" in Freedom from Violence: Women’s Strategies from Around theWorld, pp. 199-212.
Hina Jilani. 1992. "Whose Laws?: Human rights and violence against women in Pakistan" in
Freedom from Violence: Women’s Strategies from Around the World, pp. 62-74.
Radhika Coomaraswamy. 1992. "Of Kali Born: Women, violence and the law in Sri Lanka" inFreedom from Violence: Women’s Strategies from Around the World, pp. 49-61.

26

Sheelagh Stewart. 1992. "Working the System: Sensitizing the Police to the Plight of Women in
Zimbabwe" in Freedom from Violence: Women’s Strategies from Around the World, pp. 157-171.
Mark Irving. 2002. "Fourth annual review of gender and sexuality law: Violence law chapter:
Domestic violence" The Georgetown Journal of Gender and the Law, Fall 2002, pp. 451-488.
V. Modifying and Improving Criminal Justice
Ruth Lewis. 2004. "Making Justice Work", British Journal of Criminology Vol. 44. No. 2 2004,
pp. 204-224.
Luiza Nagib Eluf. 1992. "A New approach to law enforcement: The special women’s police station" in Freedom from Violence: Women’s Strategies from Around the World, pp. 101-120.
International Bureau for Children’s Rights. 2003. Canada Guidelines on Justice for Child Victims
and Witnesses of Crime, pp. 4-15.
Allison Turke and Christina Shaw. 2003. "Strategies for handling cases where children witness domestic violence." In Update Vol. 16, No. 2, 2003.
Tracy Bahm. 2004. DV 101.
Washington State Center for Court Research. 2004. An Evaluation of Unified Family Court Pilot
Sites in Washington State Executive Summary.
Cook et. al. 2004. Evaluation of Specialist Domestic Violence Courts/Fast Track Systems, March
2004, pp. 1-27, pp. 142-153.
Meghan Scahill. 1999. Representation of Children: Prosecuting Attorneys in Dependency
Proceedings in Juvenile Court: Defining and Assessing a Critical Role in Child Abuse andNeglect Cases, Journal of the Center for Children & the Courts, Vol.1, pp. 73-99.
Ellen Pence & Michael Paymar. 1993. Ch. 2 "The project design" in Education Groups For Men
Who Batter: The Duluth Model, pp. 17-27, 185.
Melanie Shepard. 1993. Ch. 6 "Evaluation of domestic abuse intervention programs" in Education
Groups for Men Who Batter: The Duluth Model, pp. 163-168.
Tineke Ritmeester. 1993. Ch. 7 "Batterers’ programs, battered women’s movement, and issues ofaccountability". in Education Groups For Men Who Batter: The Duluth Model, pp. 169-178.
National Institute of Justice. 2003. Batterer Intervention Programs: Where Do we Go From Here?
Audrey Mullender & Sheila Burton. 2000. Policing & Reducing Crime Briefing Note "Reducing
Domestic Violence... What works? Perpetrator Programmes".
Ministry of Justice, Japan. 2003. Ch. 6 "Measures for perpetrators of domestic violence" in Study
Concerning Perpetrators of Domestic Violence (DV) Research Department Report 24, pp. 218-226.
Donald Dutton. 2001. Ch. 9: The Treatment of Wife Assault in The Domestic Assault of Women-Psychological and Criminal Justice Perspectives, UBC Press, pp. 250-279.

27

Experts and Participants List

Visiting Experts
Dr. Harry Stefanakis (Canada)

Registered Psychologist
Private Practice,
Vancouver, B.C.

Dr. Alexander Butchart(World Health Organisation)

Coordinator, Prevention of Violence
Department of Injuries and ViolencePrevention,
Non - communicable Diseases and Mental
Health,World Health Organization,
Geneva, Switzerland

Ms. Kanwaljit Deol (India)

Joint Commissioner of Police
Headquarters,
PHQ,
New Delhi Police,
India

Ms. Celia C. Yangco (Philippines)

Undersecretary for Operations
Department of Social Welfare andDevelopment,
Project Director,
Early Childhood Development Project,
Philippines

Overseas Participants
Mr. Lim Thong

Central Department of Justice Police
Commissariat General of Cambodian
National Police, Ministry of Interior,
CambodiaMr. Hossam-Eldin Mohamed Aly Abo
Helw

Judge
Chief of a Family Court - Alexandria
Court,
Ministry of Justice,
Egypt

Ms. Ligia Yvette Turcios Torres

Public Defender
Prowraduria General Office,Public Ministry,
El Salvador

28

Mr. Jioape Tukitoga Caginidaveta

Prison Officer (Officer in Charge)
Fiji Prisons Service,Prisons Headquarters,Fiji

Ms. Irene Putrie

Public Prosecutor/Attorney
General Attorney of the Republic ofIndonesia,
Republic of Indonesia

Ms. Rosemary Nanjala Nabwana

Senior Probation Officer/Manager
Probation Girls’ Hostel, Nakuru
Probation Department, Ministry of Home
Affairs,Kenya

Ms. Nor Azilah Hj. Jonit

Head
Sexual Investigation Unit,
Criminal Investigation Department,
Royal Malaysia Police,
Malaysia

Mr. Thuya Thein Tun Aung

Director
Prison Department,
Ministry of Home Affairs,
The Union of Myanmar

Mr. Akbar Nasir Khan

District Police Officer
Chitral Police Service of Pakistan,
Pakistan

Mr. Hilbert Macagaling Flor

Jail Chief Inspector (Jail National
Training Institute),
Bureau of Jail Management andPenology,
Department of the Interior and Local
Government,
Philippines

Mr. Peleniseaila Ifo

Senior Constable
Criminal Investigation Branch,
Ministry of Police Prisons and Fire
Services,
Samoa

Mr. Delana Mudiyanselage
Sarath Abayagunawardana

Commissioner
Department of Probation and Child Care
Services,
Ministry of Women’s Empowerment andSocial Welfare,
Sri Lanka

29

Mr. Lameck M.H. Bankobeza

Prison Officer, Legal and Welfare
Officer
Tanzania Prisons Service,Prisons Headquarters,
Tanzania

Ms. Foelane Chipo Muronda

Public Prosecutor
Attorney General’s Office,Zimbabwe

Mr. Chi Keung Kan

Chief Officer (Penal Operations)
Headquarters,
Correctional Services Department,
Hong Kong

Mr. Jae Ho Lee

Education Specialist
Education and Reform Division,
Daejeon Correctional Institute,
Korea

Japanese Participants
Mr. Hiroshi Aoki

Public Prosecutor
Osaka District Public Prosecutors Office

Mr. Tomoyuki Hatakeyama

Chief Specialist
Ichihara Juvenile Training School

Mr. Katsuhiro Kasai

Assistant Judge
Tokyo District Court

Mr. Koji Miura

Invesitigation Specialist
Tokyo Detention House

Mr. Masaki Nagai

Family Court Probation Officer
Chiba Family Court

Mr. Hiroki Sugimoto

Probation Officer
Nagoya Probation Office

Mr. Eiichi Suzuki

Probation Officer
Kanto Regional Parole Board

Ms. Asako Takashima

Public Prosecutor
Yokohama District Public Prosecutors
OfficeMr. Hironori Yokoyama

Assistant Judge
Tokyo District Court

30

TENTH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICEOFFICIALS OF THE PEOPLE’S REPUBLIC OF CHINAThe Tenth Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China was held from 23 February - 11 March 2005. The Theme of the Seminar was"Protection of human rights for suspects and defendants in criminal proceedings and utilization of
non-custodial measures in the criminal justice system".
Sixteen senior criminal justice officials and the UNAFEI faculty comparatively discussed
contemporary problems faced by China and Japan in relation to the above theme.

Mr. Yan, Jun-xing

Deputy Director
Research Office,Ministry of Justice

Ms. Wang, Qian

Director
Criminal Legislation Department,
Legislative Affairs Commission ofStanding Committee of NPC

Mr. Wu, Xiao-hua

Director
Criminal Legislation Department,
Legislative Affairs Commission ofStanding Committee of NPC

Mr. Zhao, Jian-ji

Chief staff
Research Office,Ministry of Justice

Ms. Zhao, Yang

Programme Officer
International Division,
Department of Judicial Assistanceand Foreign Affairs,
Ministry of Justice

Ms. Zhuang, Chun-ying

Deputy Division Director
Research Office,Ministry of Justice

Mr. Miao, You-shui

JudgeSupreme Court of China

Ms. Song, Chu-xiao

Judge
Supreme Court of China

31

Mr. Cao, Feng

Supervisor/Senior Prosecutor
Prosecution Department for
Imprisonment and Reformatory,
Supreme People’s Procuratorate of China

Mr. Zhou, Chang-zhi

Supervisor/Senior Prosecutor
Rail Transportation Prosecution
Department,
Supreme People’s Procuratorate of China

Mr. Wang, Da-min

Deputy Section Chief
Public Security Ministry

Mr. Zhou, Li-hua

Division Chief
Police Supervision Bureau,
Ministry of Public Security

Mr. Wang, Jue

Director General
Department of the Guidance of theGrass-roots Work,
Ministry of Justice

Mr. Wu, Ming-de

Deputy Director General
Department of the Guidance Lawyers’
and Notaries’ Work,
Ministry of Justice

Mr. Han, Jia-yi

Secretary General
Criminal Trial Commission of All China
Lawyers’ Association

Mr. Zhou, Yong

Division Director
Institute for Crime Prevention,
Ministry of Justice32

THE FIRST SEMINAR ON CRIMINAL JUSTICE FORCENTRAL ASIA

The first Seminar on Criminal Justice for Central Asia was held from 28 February to 17
March 2005 at UNAFEI. The seminar was entitled a Comparative Study on the Criminal Justice
Systems of the participating countries and Japan for the establishment of a fair and efficient
Criminal Justice system. Sixteen participants from Central Asian countries participated.

Mr. Askar Narimanovich Okapov

Deputy Head of the Department of
Investigation
Ministry of Internal Affairs,
Kazakhstan

Ms. Raushan Kasenovna Zhabakova

Deputy Head of the Department ofInternational Relations
General Prosecutor’s Office,Kazakhstan

Mr. Melis Asanbekovich Asanbekov

Senior Prosecutor of Department
General Prosecutor’s Office,Kyrgyzstan

Ms. Damira Uzgenovna Kaimova

Senior Prosecutor
General Prosecutor’s Office,Kyrgyzstan

Mr. Askat Sharshekovich Sydykov

ChairmanCourt of Sverdlovskiy District,
Bishkek City,
Kyrgyzstan

Mr. Kanybek Joldoshbekovich
Turdumambetov

Deputy of the Head
Department for Investigation of Serious
Crime Cases,
General Prosecutor’s Office,Kyrgyzstan

Ms. Dilbar Sohibovna Goibova

Chief Specialist
Juridical Section,
President’s Office,Tajikistan

Mr. Muhamadjon Khairulloevich
Khairulloev

Head
Department of Control of Legality of
Court Decisions,
Office of Public Prosecutors,
Tajikistan

33

Mr. Naim Mullaevich Mansurov

ChairmanCourt of Justice by the Name of Sino,
Dushanbe City,
Tajikistan

Mr. Koyunly Akoyliyev

Deputy Chairman
Court of Balkan Region,
Turkmenistan

Mr. Ataberdi Batyrovich
Annaguliyev

Chairman
Kopetdag District Court of Ashgabat,
Turkmenistan

Mr. Tuvaknazar Sopiyev

Member of Criminal College
Supreme Court,
Turkmenistan

Mr. Fayzulla Abdullaevich
Abduazimov

Judge
Supreme Court,
Uzbekistan

Mr. Muradjan Kabilovich Karimov

Chief of Department
Ministry of Internal Affairs,
Uzbekistan

Mr. Murad Malikovich Khakimov

Head of the International Legal
Department
Ministry of Justice,
Uzbekistan

Mr. Bakhtier Tairovich Samukov

Senior Prosecutor of Department
General Prosecutor’s Office,Uzbekistan

34

INFORMATION ABOUT FORTHCOMING PROGRAMMES

1. The Second Training Course on Strengthening the Anti-Corruption Capacity in Thailand
The Second Training Course on Strengthening the Anti-Corruption Capacity in Thailand
will be held from 27 June - July 21, 2005. Twenty participants from the office of the National
Counter Corruption Commission, Thailand will attend.
st

2. The 131 International Training Coursest

The 131 International Training Course entitled "The Use and Application of the United
15
Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power Twenty Years after of Its Adoption" will be held from 29 August - 6 October 2005.
Rationale
Considerable attention has deservedly been paid to ensuring due process and establishingfundamental rights for suspects and defendants. In contrast, under modern criminal justice systems,
victims of crime were "forgotten persons" until the middle of the twentieth century. Despite thefact that they were most adversely affected by crime, little attention was paid to their protection,
support, rights, interests and legal status in the criminal justice system. However, a common understanding regarding the necessity of promoting the protection and the support of victims ofcrime has developed. This development, which mainly took place in Western countries after the
1960s, can be divided into three stages. The first stage was the establishment of a system ofmonetary support for the victim (1960s). The second stage was the strengthening of immediate anddirect support for the victim (1970s). After the second stage there was a realization that the victim
in the criminal justice process had very few rights and the actual process sometimes victimized
them a second time and this led to the third stage. The third stage has brought about the enactment of statutes for the improvement of the legal status of the victim and the establishment of therights of the victim (from the 1980s).
It was not until the Sixth United Nations Congress on the Prevention of Crime and theTreatment of Offenders (hereinafter referred to as "the Congress") in 1980 that the United Nations
really focused on the issue of the protection of victims, when the Congress discussed this issue
under the agenda item "Crime and the abuse of power: offences and offenders beyond the reachof law". Five years later, "The Declaration of Basic Principles of Justice for Victims of Crime andAbuse of Power" (hereinafter referred to as "the Declaration") was adopted at the Seventh
Congress held in Milan, Italy in August and September 1985, and subsequently by the United
Nations General Assembly on 29 November 1985. The Declaration is the most fundamental instrument adopted by the United Nations in relation to the improvement of the treatment of victims in
the crime prevention and criminal justice field. The Declaration is divided into two parts, namely
Part A: Victims of Crime and Part B: Victims of Abuse of Power. In summary, based on the philosophy that victims of crime should be treated with compassion and respect for their dignity, Part
A recommends the following measures to be taken on behalf of victims of crime at the international, regional and national levels: that victims of crime are entitled to access to the mechanism

15

General Assembly Resolution 40/34, 29 November 1985.

35

of justice and fair treatment; that fair restitution to victims by offenders responsible for their
behaviour should be realized, where appropriate; that States should endeavour to provide financial
compensation to victims, when compensation is not fully available from offenders; and that victims
should receive the necessary material and psychological and social assistance. Part B proposes thatstates should consider incorporating into their national law norms prescribing abuses of power andproviding remedies to victims of such abuses.
However, despite the adoption of the Declaration there was little evidence that adequate
measures for the improvement of the treatment of victims, including changes to their legal systems, were taken by Member States. In consideration of the above, the United Nations Economic
and Social Council recommended that Member States take the necessary steps to give effect to theprovisions contained in the Declaration in its resolution 1989/57 of 24 May 1989, and recognized
the need for continuous efforts to do so and to adapt the Declaration to meet the full range ofneeds and the circumstances of different countries in the preamble of its resolution 1990/22 of 24
May 1990. Moreover, the United Nations Commission on Crime Prevention and Criminal Justice,at its fifth session, adopted a resolution to develop a manual or manuals on the use and application of the Declaration, which was subsequently adopted as ECOSOC resolution 1996/14 of 23
July 1996. In response to that resolution, the Expert Group Meeting on Victims of Crime andAbuse of Power was established, and it developed "The Handbook on Justice for Victims on the
Use and Application of the Declaration of Basic Principles of Justice for Victims of Crime and16
Abuse of Power" (hereinafter referred to as "the Handbook") and "The Guide for Policy Makers
on the Implementation of the United Nations Declaration of Basic Principles of Justice for Victims
17of Crime and Abuse of Power" (hereinafter referred to as "the Guide"). The Guide points out abig discrepancy between the implementation and the philosophy of the Declaration by stating in
its introduction "There is probably no jurisdiction where the treatment of victims of crime andabuse of power is fully in accordance with the Declaration". In addition, the Vienna Declaration
on Crime and Justice in 2000 also declared that "... we establish 2002 as a target date for States
to review their relevant practices, to develop further victim support services and awareness campaigns on the rights of victims and to consider the establishment of funds for victims, in addition18
to developing and implementing witness protection policies." Thus, twenty years since its adoption, its time for Member States to take necessary measures in accordance with the Declaration.
Giving due consideration to the above mentioned rationale, UNAFEI, as a regional instituteof the United Nations Crime Prevention and Criminal Justice Programme Network, will explore inthis Course various issues that relate to victims of crime and abuse of power, mainly in accordance with the Declaration.
In regard to victims of crime, the restorative justice approach has been frequently discussed
in recent years. "Basic Principles on the Use of Restorative Justice Programmes in Criminal

16"The Handbook on Justice for Victims on the Use and Application of Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power" United Nations Office for Drug Control andCrime Prevention, Centre for International Crime Prevention, New York, 1999. It can be obtained at
the following web site: http://www.uncjin.org/Standards/standards.html.
17"The Guide for Policy Makers on the Implementation of the United Nations Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power." United Nations Office for Drug
Control and Crime Prevention, Centre for International Crime Prevention, New York, 1999. It can beobtained at the above web site.
18"Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century."
General Assembly Resolution A/55/593. 17 January 2001: Para 27.

36
19

Matters" , which is also a United Nations instrument, should be referred to, when the restorative
justice approach is discussed as a related issue to victims of crime in this Course, although therestorative justice approach is not the focal point of this Course.
In regard to victims of abuse of power the Declaration states "’Victims’ (of abuse of power) means
persons, who have suffered... substantial impairment..., through acts or omissions that do not yet
constitute violations of national criminal laws but of internationally recognized norms relating tohuman rights". However, the term victims of abuse of power, is such a broad and ambiguous concept that sometimes it is argued that this concept includes, for example, abuse of power between
states or between races, and even economic exploitation of employees and consumers by large enterprises. However, in this Course, we will concentrate on abuse of power in the criminal justiceprocess, including even when such abuse constitutes a violation of national criminal laws. For example, we will deal with issues related to acts or omissions, including torture or inhumane treatment, by officials of criminal justice agencies, such as the police, prosecutors, judges, andcorrectional officers, which violate the fundamental human rights of suspects, defendants, offenders, etc.
3. Objectives
The focus of discussion in this Course will be as follows.
Participants are expected to study and analyse the current situation, problems and effective countermeasures concerning victims of crime and abuse of power. In doing so, the participants are expected to use the Declaration as a yardstick and the Handbook and the Guide, mentioned above,as their main reference materials.
1. Current situation, problems and effective countermeasures in relation to the protection of victims of crime and the active participation of victims in the criminal justice process in the respective countries(a) Measures to protect victims of crime(1) A swift victim restoration system, without recourse to civil litigation against the offender, such as mediation, reconciliation and arbitration (including the restorative justice approach). (2) A compensation system for victims of crime. (3) Protection of victims andwitnesses from offenders (tougher bail conditions, separation of waiting rooms between victims, witnesses and offenders, witness protection programmes, prohibition of access by theoffender to the victim). (4) Methods of testimony in order to protect victims and witnesses(confidentiality of information about victims and witnesses, video link, testimony using
video tape, provision of victims’ attendants and procurators). (5) Various kinds of support
for victims, including immediate and direct support, for example, shelter, counselling, assistance in completing victim compensation claims, etc.
(b) The active participation of victims in the criminal justice process(1) The right of complaint for the victim. (2) Private prosecution. (3) System/measuresof objection to non - prosecution and dismissal of the case. (4) The hearing of victim statements relevant to the release of offenders (release on bail, home leave, furlough, parole, release on expiration of term of sentence). (5) Victim impact statements and victim impact
evidence. (6) Recovery of loss/damage through the criminal justice process (compensation
order, reparation order, reconciliation in the criminal process, constitution de partie civile,

19

Economic and Social Council Resolution 2000/14 U.N. Doc, E/2000/INF/2/Add. 2.

37etc.).
(c) Providing information for victims of crime(1) An information providing system for the victim at each stage of the criminal justicesystem (for example progress of investigation, arrest, prosecution/indictment, schedule oftrial, location of offender, result of fact finding, sentence, escape, release on bail, homeleave, furlough, parole, release on expiration of term of sentence and death of offender). (2)Providing an opportunity to attend the trial. (3) Providing the community with information
concerning the release of an offender.
2. Current situation, problems and effective countermeasures in relation to the protection of victims of abuse of power in the respective countries (especially victims of abuse of power in thecriminal justice process)(a) Measures to protect victims of abuse of power in the criminal justice process(1) Restitution. (2) Compensation. (3) Material, medical, psychological and social assistance and support.
(b) Effective preventive measures against abuse of power in the criminal justice process(1) Signature, ratification and accession of related international legal instruments
20(International Covenant on Civil and Political Rights , Convention against Torture and21
Other Cruel, Inhuman and Degrading Treatment or Punishment , etc.) and use and applica22
tion of United Nations standards and norms in crime prevention and criminal justice indomestic laws and regulations. (2) Effective measures for the establishment of transparency
and accountability of criminal justice agencies. (3) Various measures and systems for guaranteeing fundamental human rights of suspects, defendants and offenders (including grievance mechanisms).

20

General Assembly Resolution 2200A (XXI), 16 December 1966.
General Assembly Resolution 39/46, 10 December 1984.
22
United Nations standards and norms in crime prevention and criminal justice is a generic term for
more than fifty resolutions, declarations, guidelines and codes of conduct concerning crime prevention
and criminal justice, which has been adopted by the United Nations. Most of these resolutions, declarations and so on are included in the following compendium: "Compendium of United Nations
Standards and Norms in Crime Prevention and Criminal Justice." United Nations, NY 1992. It can beobtained at the same website as above (see footnote 2).
21

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ADMINISTRATIVE NEWS

Faculty Changes
Ms. Tomoko Akane formerly Deputy Director of UNAFEI was transferred and appointed
Professor at Nagoya University Law School and Professor at the School of Law, Tokyo University
on 1 April 2005.
Mr. Kei Someda formerly Professor of UNAFEI, was transferred and appointed Director,
Case Management Division of Tokyo Probation Office on 1 April 2005.
Ms. Tae Sugiyama, formerly Deputy Director of the General Affairs Section of Kanto
Regional Parole Board’s Secretariat, joined UNAFEI as a Professor on 1 April 2005.
Mr. Tomoyuki Noge, formerly a prosecutor with Tokyo District Public Prosecutors Office,joined UNAFEI as a Professor on 1 April 2005.
Ms. Satoko Ikeda, formerly a prosecutor with Chiba District Public Prosecutors Office,joined UNAFEI as a Professor on 1 April 2005.
Mr. Haruhiko Higuchi, formerly a Professor and Director for Special Police Studies at the
Police Policy Research Centre, National Police Academy joined UNAFEI as a Professor on 11
April 2005.
Overseas Trips by Staff
Mr. Kunihiko Sakai (Director) and Mr. Keisuke Senta (Professor) visited Washington, D.C.
to prepare for Workshop 5 of the 11th U.N. Congress on Crime Prevention and Criminal Justicefrom 1 to 6 March 2005.
Ms. Tomoko Akane (Former Deputy Director) visited Manila, the Philippines to observe theprogress of the revitalization of the Volunteer Probation Officers and had meetings with JICA
Philippines from 8 to 11 March 2005.
Mr. Kunihiko Sakai (Director), Mr. Keisuke Senta (Deputy Director), Mr. Hiroyuki Shinkai(Professor) and Mr. Seiji Yamagami (Secretariat Officer) visited Bangkok, Thailand to co-hostWorkshop 5 of the 11th U.N. Congress on Crime Prevention and Criminal Justice from 14 to 26
April 2005.
Mr. Motoo Noguchi (Professor) visited Bangkok, Thailand for the 11th U.N. Congress on
Crime Prevention and Criminal Justice from 14 to 26 April 2005 to attend a Working Group on
the Role of Criminal Justice in Minimizing Socio-economic Damage Subsequent to National
Disaster, jointly held by the ACPF, the Attorney General’s Office of Thailand and UNAFEI. He
also attended an Ancillary meeting entitled Crime Prevention and Criminal Justice in the Context
of National Disasters: Lessons Learned, organized by the ACPF and ISPAC.
Mr. Takafumi Sato (Professor) visited Bangkok, Thailand and presented a paper at
Workshop 1 of the 11th Congress on Crime Prevention and Criminal Justice 1 from 17 to 26
April 2005.

39

Mr. Kunihiko Sakai (Director) and Mr. Takafumi Sato (Professor) visited Vienna, Austria
to attend the U.N. Commission on Crime Prevention and Criminal Justice to present a report on
Workshop 5 of the 11th U.N. Congress from 22 to 29 May 2005.
Mr. Motoo Noguchi (Professor) visited The International Criminal Court in The Hague,
Netherlands, as a Visiting Professional from 4 June to 7 July 2005.

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FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Kunihiko Sakai

Director

Mr. Keisuke Senta

Deputy Director

Mr. Motoo Noguchi

Professor

Mr. Haruhiko Higuchi

Professor

Ms. Tae Sugiyama

Professor, Chief of Information and Library Science
Division

Mr. Hiroyuki Shinkai

Professor

Ms. Tamaki Yokochi

Professor, 130 Course Programming Officer

Mr. Takafumi Sato

Professor, Chief of Training Division

Mr. Masato Uchida

Professor, Chief of Research Division

Mr. Tomoyuki Noge

Professor

Ms. Megumi Uryu

Professor

Mr. Iichiro Sakata

Professor

Ms. Satoko Ikeda

Professor, 130 Deputy Course Programming Officer

Mr. Simon Cornell

Linguistic AdviserththSecretariat:
Mr. Junichi Ebara

Chief of Secretariat

Mr. Masaki Iida

Deputy Chief of Secretariat

General and Financial Affairs Section:
Mr. Kazunari Arakawa

Chief

Mr. Takanobu Sano
Mr. Takayuki Aizawa
Mr. Yukiyoshi Tatsuda
Mr. Mitsuo Dai
Ms. Tomoko Inamasu

Driver41

Training and Hostel Management Affairs Section:
Mr. Ryousei Tada

Chief

Mr. Seiji Yamagami
Ms. Ayako KamiyathMs. Yukari Ishikawa

130 Assistant Course Programming Officer

Mr. Hideyuki Inoue

International Research Affairs Section:
Mr. Masayuki Tanuma

Chief

Ms. Keiko Noda

Librarian

Secretarial Staff:
Ms. Tomomi Matsuoka
Ms. Kumiko Yanagisawa

Kitchen:Mr. Misao Saito

Chef

JICA Coordinator:
Ms. Yuriko Minemura

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