No. 109
October 2002

Established1961
IN THIS ISSUE
Page

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

THE 122ND INTERNATIONAL TRAINING COURSE........................................................................................... 3

THE EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE TO TACKLE TRAFFICKING IN
HUMAN BEINGS AND SMUGGLING OF MIGRANTS
Course Rationale............................................................................................................................................. 3
Course Summary............................................................................................................................................. 5
Lecture Topics ................................................................................................................................................. 6
Individual Presentation Topics ....................................................................................................................... .9
Group Workshop Sessions.............................................................................................................................11Group 1
Group 2
Group 3Observation Visits......................................................................................................................................... 14Group Study Tours.........................................................................................................................................15
Special Events ................................................................................................................................................16
Reference Materials Distributed....................................................................................................................18
Visiting Experts .............................................................................................................................................21
Participants.....................................................................................................................................................22
INFORMATION ABOUT PROGRAMMES & ACTIVITIES..................................................................................25
Special Training Programmes .......................................................................................................................25
Juvenile Treatment Systems for Kenyan Criminal Justice Officials .......................................... 25
Corruption Control in Criminal Justice .................................................................................... 25
Recent Activities..................................................................................................................................... 25
CICP-UNAFEI Pre-Ratification Seminar for the UN TOC Convention ...................................25
UNAFEI's Fortieth Anniversary Ceremony...................................................................................25
Forthcoming Training Programmes ....................................................................................................... 26
The 123rd International Senior Seminar.........................................................................................26
The 124th International Training Course........................................................................................29
Indonesia-UNAFEI Joint Seminar ................................................................................................................29
Administrative News .....................................................................................................................................30
Overseas Trips by Staff...................................................................................................................30
FACULTY & STAFF OF UNAFEI ............................................................................................................................31

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

1

LETTER FROM THE DIRECTOR

It is my privilege to inform readers of the successful completion of the 122ndInternational Training Course on “The Effective Administration of Criminal Justice to Tackle
Trafficking in Human Beings and Smuggling of Migrants”, from 2 September to 24 October
2002. In this Course we welcomed 10 Japanese and 13 overseas participants: 10 from Asia, 2from Africa and 1 from South America. They included members of the police, publicprosecutors, judges, probation officers and other high-ranking public officials. As thisnewsletter demonstrates, this Course was extremely productive. It consisted of Individual
Presentations, Group Workshop Sessions, visits to relevant criminal justice agencies, andpresentations by visiting experts and ad hoc lecturers.
With regard to the course theme, it is generally accepted that human trafficking andsmuggling of migrants has become a modern scourge of a rapidly globalizing world.
Trafficking and smuggling abuses the basic human rights of trafficked/smuggled persons,
upsets the balance of immigration policies around the globe and provides vast profits fortransnational organized criminal groups that view such activities as central to their nefarious
operations. It is apparent that the causes of the increasing scale of human trafficking andsmuggling are numerous mainly due to the great disparities in the economic situations
between developing and developed countries and the unstable political situations in various
states.
In line with the international community’s concern about the worsening situation, theUnited Nations has been taking a number of steps. In 1999 the United Nations Centre forInternational Crime Prevention, in collaboration with the United Nations Interregional Crime
and Justice Research Institute developed the Global Programme against Trafficking in Human
Beings. The General Assembly of the United Nations, in November 2000, adopted theUnited Nations Convention against Transnational Organized Crime that is accompanied by 3
protocols. Two of these protocols were specifically directed at human trafficking andsmuggling; “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children” and “Protocol Against the Smuggling of Migrants by Land, Sea andAir.” This Convention and its protocols serve as a blueprint for the international community
to tackle transnational organized crime and in particular those crimes of human trafficking
and the smuggling of migrants.
UNAFEI has run a number of courses under the general theme of transnationalorganized crime. The 122nd Course represents UNAFEI’s ongoing commitment to play arole in tackling this global epidemic especially in relation to human trafficking and thesmuggling of migrants. The course specifically focused on; the modus operandi of humantraffickers and smugglers, forms of exploitation, organizations involved in trafficking,investigative and prosecutorial problems, legislative issues, means of smuggling migrants andways of improving and developing international cooperation.

2

During the eight-week period, the participants diligently and comprehensively
examined measures to prevent and combat trafficking in human beings and smuggling of
migrants. This was accomplished primarily through considering the current situation of
trafficking and smuggling and analysing its causes, as well as examining the legal frameworks
for tackling trafficking and smuggling and formulating best practices. Our in-depth discussions
enabled us to put forth effective and practical solutions to the emerging and existing problemsof human trafficking and smuggling of migrants in the global society.
I would like to offer my sincere congratulations to all the participants for 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 by
the various agencies and institutions which helped diversify the programme.
A warm tribute must be paid to the Japan International Cooperation Agency (JICA) for
its 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 fortheir substantial contributions. Lastly, I owe my gratitude to all the individuals whose unselfish
efforts behind the scenes contributed significantly to the successful realization of this Course.
I am proud to say that during this Course we celebrated the fortieth anniversary of
UNAFEI. It is a testament to UNAFEI’s success that at the anniversary a large number of
UNAFEI alumni attended who are now playing leading roles in their respective nation’s
criminal justice systems. Upon returning to their home countries, I genuinely believe that, liketheir predecessors, the strong determination and dedication of the participants to the 122ndInternational Training Course will enable them to contribute significantly to the improvement of
their own criminal justice systems, and to the international society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 122ndInternational Training Course. I hope that the experience they gained during the Course proves
valuable in their daily work, and that the human bonds fostered among the participants, visiting
experts, lecturers and UNAFEI staff will continue to grow for years to come.

October 2002

Kunihiko Sakai
Director, UNAFEI

3

THE 122ND INTERNATIONAL TRAINING COURSE“THE EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE TO TACKLE
TRAFFICKING IN HUMAN BEINGS AND SMUGGLING OF MIGRANTS”
Course Rationale

The situation of trafficking in human beings and smuggling of migrants has become
more and more serious these days.
Many factors have been pointed out as the causes of this situation, such as the root
causes of poverty, economic disparity in developing countries, the unstable situation of acountry caused by conflicts, civil wars, terrorism, political persecution and natural calamities
like drought. The globalization in transportation, communication and commerce should be
noted as one of the major factors contributing to widespread trafficking and smuggling
throughout the world. Moreover, transnational organized crime groups have been heavily
involved in trafficking and smuggling, and they have been making huge profits from these
activities.
Trafficking and smuggling not only disrupt the established immigration policies of thedestination countries, but also pose a threat to the fundamental rights of the persons
concerned. The exploitative nature of the trafficking in human beings often amounts to amodern form of enforced servitude, with forced prostitution ranking highest among the meansof exploitation.
In recognition of the gravity of the above-mentioned situation, the international
community has been taking steps against it in recent years. In 1999, the Global Programme
against Trafficking in Human Beings was designed by the Centre for International Crime
Prevention (CICP) in collaboration with the United Nations Interregional Crime and Justice
Research Institute (UNICRI).
In November 2000, the General Assembly of the United Nations adopted the United
Nations Convention against Transnational Organized Crime (hereinafter referred to as “theTOC Convention”). The TOC Convention is accompanied by its three protocols, two of
which were adopted on the same day with the TOC Convention, i.e., “Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children” and “Protocol
Against the Smuggling of Migrants by Land, Sea and Air.”The TOC Convention was opened for signature by Member States in December 2000
in Palermo, Italy. More than 120 countries attended the Conference and signed the TOC
Convention, which will be open for signature until 12 December 2002, in New York, USA.
As suggested in the above-mentioned international instruments and other international
forums, trafficking and smuggling are complex and multifaceted problems. Respective
countries and the international community should deal with these problems by alleviating theroot causes, by raising awareness of dangers of trafficking and smuggling, by effective
immigration control, and by effective criminal justice administration. International cooperation among countries of origin, transit and destination should be encouraged.

4Effective tools in the criminal justice system to tackle trafficking and smuggling,
especially conducted by transnational organized crime groups, are suggested in the TOC
Convention, such as electronic surveillance, immunity, and witness protection programmes.
Victims of trafficking and smuggling, who may be considered in violation of immigration
laws, should be adequately protected and supported, as trafficking and smuggling have
exploitative natures, and their assistance is crucial for successfully prosecuting the traffickers
and smugglers.
UNAFEI, as a regional institute affiliated with the United Nations for the preventionof crime and the treatment of offenders, has been undertaking a series of international training
courses and seminars under the general theme of “transnational organized crime.” This
course is part of UNAFEI’s continuing commitment to this internationally important theme,
especially focusing on the two protocols concerning trafficking and smuggling.
Giving due consideration to the above rationale, this training course purports to: (1)analyse the current situation and causes of trafficking in human beings and smuggling of
migrants; (2) identify current problems in the detection, investigation, prosecution andpunishment of the said offenders, and solutions for them; and (3) explore the effective ways
to tackle trafficking and smuggling. Particular focus will be given to the effective
implementation of the two protocols concerning trafficking and smuggling. Sharing practicalinformation and experiences on how other countries tackle our common issues will facilitate
our efforts in tackling trafficking and smuggling.
In the discussion of this course, focus will be placed on the following elements:(1) Overview of the current situation of trafficking and smuggling.
(a) Modus Operandi and routes of trafficking and smuggling(b) Forms of exploitation of trafficked and smuggled people(2) Analysis of the causes of trafficking and smuggling(3) Components and legal frameworks for tackling trafficking and smuggling, and their bestpractices:(a) Border control and travel documents(b) Law enforcement(c) Prosecution(d) Court(e) Legislative issues, e.g. criminalization of trafficking and smuggling(f) International cooperation

5

Course Summary
Lectures
In total, 11 lectures were presented by visiting experts, 8 by ad hoc lecturers and 4 by the
UNAFEI faculty. Seven distinguished criminal justice practitioners from abroad served as
UNAFEI visiting experts. They lectured on issues relating to the main theme, and contributed
significantly to the Course by encouraging discussions after their own lectures, participating in
the discussions of other programmes, and conversing with the participants on informal
occasions. Additionally, ad hoc lectures were delivered by distinguished senior officials of theGovernment of Japan. Lecturers and lecture topics are listed on pages 6 to 8.
Individual Presentations
During the first three weeks, each Japanese and overseas participant delivered a fortyfive minute or one-hour Individual Presentation respectively, which introduced the actual
situation, problems and future prospects of his/her country. These papers were compiled into abook entitled "COUNTRY REPORTS FOR THE INTERNATIONAL TRAINING COURSEIN CRIME PREVENTION" and distributed to all the participants. The titles of these Individual
Presentation papers are listed on pages 9 and 10.
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 ‘groupmembers’ for the sub-topics. Selected participants served as chairpersons, co-chairpersons,rapporteurs or co-rapporteurs, and faculty members served as advisers. Each group’s primary
responsibility was to explore and develop their designated topics in the Group Workshop
Sessions. The participants and UNAFEI faculty seriously 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 the conference hall. These reports were subsequently presented in
the Report-Back Session, where they were endorsed as the reports of the Course. Very briefsummaries of the Group Workshop reports are provided on pages 11 through 13.
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 Japanesesociety and culture, with the assistance of various organizations and individuals, including the
Asia Crime Prevention Foundation (ACPF). For more detailed descriptions, please refer topages 14 through 17.

6

Lecture Topics

UNAFEI Professors’ Lectures
1)

Ms. Sue Takasu, Professor, UNAFEI• The Prosecution System in Japan2)

Mr. Toru Miura, Professor, UNAFEI• The Criminal Justice System in Japan: the Courts

3)

Mr. Ryuji Kuwayama, Professor, UNAFEI· Correctional Administration in Japan4)

Ms. Mikiko Kakihara, Professor, UNAFEI• Community-Based Treatment of Offenders in Japan

Visiting Experts’ Lectures
1)

Ms. Natalia Ollus (Finland)• The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children: a Tool for Criminal Justice Personnel• Protocol against the Smuggling of Migrants by Land, Air, Sea, Supplementing the United
Nations Convention against Transnational Organized Crime: A Tool for Criminal Justice
Personnel• International Cooperation against Transnational Organized Crime: the Practical Experienceof the European Union

2)

Dr. Deepa Mehta (India)• The Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings andSmuggling of Migrants in India

3)

Mr. Farooq Azam (Pakistan)• The Global Challenge of Human Trafficking and Smuggling

7

4)

Mr. Severino H. Gaña, Jr. (Republic of the Philippines)• International Cooperation in Combating Trafficking in Human Beings and Smuggling of
Migrants

5)

Mr. Hamish McCulloch (United Kingdom, INTERPOL)• The Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings
and Smuggling of Migrants· Assessing the Involvement of Organized Crime in Human Smuggling and Trafficking

6)

Mr. Diego Rosero (United Nations High Commissioner for Refugees)· Forced Migration and Refugee’s Rights

7)

Mr. Richard Hoffman (United States of America)· The Present Situation of the United States Relating to Trafficking in Human Beings andSmuggling of Migrants· Effective Countermeasures against the Trafficking of Human Beings and Smuggling of

Migrants

Ad Hoc Lectures
1)

Mr. Kenji Higashikawa
Chief Liaison Officer, International Affairs Department, National Police Agency, Japan• Overview of the Police in Japan2)

Mr. Toshihiko Itami
Director, General Affairs Division, Immigration Bureau, Ministry of Justice, Japan• Current Situation of Immigration Administration and the Problems Faced3)

Mr. Michio Kitamura
Director, Internal Security Department of Tokyo District Prosecutors Office, Japan• Current Situation of Crimes Committed by Illegal Immigrants in Japan4)

Mr. Yasuro Morita
Non-Fiction Writer, Japan· Smuggling of Human Beings with Particular Focus on the Snakehead organization and

the Secret Flow of Money8

5)

Mr. Yozo Yokota
Professor of International Law, Chuo University, Special Adviser to the Rector, United
Nations University, Tokyo, Japan· Human Smuggling and Illegal Immigrants as Seen from the Human Rights Point of

View
6)

Mr. Hisashi Horiuchi
Assistant Director, Second Organized Crime Control Division, National Police Agency,
Japan· An Overview of the Boryokudan

7)

Mr. Shoichiro Yamada
Senior Executive Director, Osaka International House Foundation, Japan· The Culture and Economy of Osaka and the Kansai Area

8)

Ms. Yoko Hosoi
Professor, Toyo University, Japan· Policies, Practices and Crises of the Sexual Exploitation and Trafficking of Women andGirls: Victims Perspective

9

Individual Presentation Topics
Overseas Participants
1)

Mr. Man Ju-you (China)· The Organization of China’s Entry and Exit Administration and its Chief Functions

2)

Mr. Ahmed Mohamed Youssef Ahmed Wahdan (Egypt)• Trafficking in Persons and Smuggling of Migrants: New Forms of Transnational Organized
Crime

3)

Mr. Lambok Marisi Jakobus Sidabutar (Indonesia)• Administration of Criminal Justice in Indonesia

4)

Mr. Dzainal Syarief (Indonesia)• Country Report

5)

Mr. Coulibaly Souleymane Kafana (Ivory Coast)• Country Report

6)

Mr. Rajvong Xaysana (Laos)• Trafficking in Women and Children in Laos

7)

Ms. Radziah Basir (Malaysia)• Illegal Entry of Immigrants/Foreign Nationals from a Corruption Prevention Perspective

8)

Mr. Kiran Paudel (Nepal)• Trafficking in Human Beings and Smuggling of Migrants: Situation and Solutions in theContext of Nepal

9)

Ms. Narcisa Holgado Guevarra (Philippines)• Trafficking in Woman and Children and Smuggling of Migrants: the Situation in 2002 –Part 2

10)

Ms. Jeorgette Ceniza Paderanga (Philippines)• Trafficking in Woman and Children and Smuggling of Migrants: the Situation in 2002 –Part 1

11)

Mr. Pongson Kongtreekaew (Thailand)• Country Report

12)

Mr. Pattanachai Yodpayung (Thailand)• Trafficking in Human Beings and Smuggling of Migrants: the Provision of Laws inThailand and Problems of Law Enforcement

13)

Mr. Becerra Niño Juan Antonio (Venezuela)• Country Report10Japanese Participants
14)

Mr. Tadashi Asano (Japan)• Case Study of Foreign Youths and Adults Detained in Juvenile Classification Homes andPrisons in Japan

15)

Mr. Shinji Miyamoto (Japan)• Current Situation of Illegal Immigration and Countermeasures against them by the Japan
Coast Guard

16)

Mr. Kunio Morita (Japan)• Collective Stowaway Crimes and a Case of Prostitution Involving Trafficked Women

17)

Mr. Kyosuke Nagao (Japan)• Countermeasures against the Smuggling of Migrants and the Trafficking in Persons andthe Protection of Victims of Trafficking in Deportation Procedures

18)

Mr. Takehiko Okada (Japan)• Law against Collective Stowaways and Recent Trend of Judicial Precedents in Japan19)

Mr. Satoshi Onodera (Japan)• The Involvement of International Criminal Organizations in People Smuggling in Japanand the Role of the Public Security Investigation Agency in Countermeasures against
People Smuggling

20)

Mr. Takeru Sato (Japan)• Sentencing Trends in Trafficking and Smuggling Offences in Japan21)

Mr. Takeo Shiohara (Japan)• The Immigration Control Administration of Japan: Current Issues and theirCountermeasures

22)

Ms. Mika Shiraki (Japan)• Probation and Parole Services and Crime Prevention Activities in Japan23)

Mr. Masato Takahashi (Japan)• Concerned Organizations in Smuggling and Trafficking Cases

24)

Mr. Shigeru Uchiyama (Japan)• Coexistence Project in Toyota City

11

Group Workshop Sessions
The following section very briefly summarizes the Group Workshop Session reports. The
full text of the reports will be included in UNAFEI Resource Material Series No. 61.
Group 1

TRAFFICKING IN HUMAN BEINGS,ESPECIALLY WOMEN AND CHILDREN

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Pongson Kongtreekaew
Mr. Takehiko Okada
Ms. Jeorgette C. Paderanga
Ms. Mika Shiraki
Mr. Coulibaly Souleymane Kafana
Mr. Becerra Nino Juan Antonio
Mr. Kyosuke Nagao
Mr. Masato Takahashi(Thailand)(Japan)(Philippines)(Japan)(Ivory Coast)(Venezuela)(Japan)(Japan)Advisers

Prof. Toru Miura
Prof. Kenji Teramura
Prof. Mikiko Kakihara(UNAFEI)(UNAFEI)(UNAFEI)

Report Summary

This group firstly considered a definition of the term “trafficking in persons”
and the general world situation of illegal migration was then looked at. The groupdeliberated at length on the root causes of trafficking in human beings, reflecting, inparticular, on the so-called ‘push and pull factors’ of trafficking and the opportunities
provided for corruption to flourish in the trafficking chain. The modus operandi ofhuman trafficking was paid particular attention. The group also examined the various
forms of exploitation that is apparent in human trafficking such as sexual and labor
exploitation. The problems and solutions in the detection, investigation, prosecution,
trial and punishment of trafficking in women and children were further highlighted.
The group saw trafficking as a multi-dimensional issue and appropriate legislation
should encompass both a criminal and a human rights perspective. Finally the groupconsidered cooperation amongst domestic agencies of a governmental and nongovernmental nature.

12Group 2

THE EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE TOTACKLE THE SMUGGLING OF MIGRANTS

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Man Ju-you
Mr. Pattanachai Yodpayung
Ms. Narcisa Guevarra
Mr. Takeo Shiohara
Mr. Dzainal Syarief
Mr. Kiran Paudel
Mr. Shinji Miyamoto
Mr. Kunio Morita(China)(Thailand)(Philippines)(Japan)(Indonesia)(Nepal)(Japan)(Japan)Advisers

Prof. Yuichiro Tachi
Prof. Sue Takasu
Prof. Kei Someda(UNAFEI)(UNAFEI)(UNAFEI)

Report Summary
This group started their deliberations by looking at the global situation of humansmuggling (especially the economics of smuggling, the routes used and the causes ofsmuggling). The modus operandi used by organized criminal groups was classified into two
categories; the deception of immigration officers and the avoidance of immigration
checkpoints. The group explored the problems of detection, investigation, prosecution andpunishment of offences of human smuggling. The types of immigration policies followed bycountries was highlighted as were the legislative issues that are faced by countries. The groupconcluded by making a number of recommendations.

13Group 3

INTERNATIONAL COOPERATION AGAINST HUMAN
TRAFFICKING AND SMUGGLING OF MIGRANTS

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Ms. Radziah Basir
Mr. Ahmed Mohamed Youssef Wahdan
Mr. Shigeru Uchiyama
Mr. Takeru Sato
Mr. Rajvong Xaysana
Mr. Lambok Marisi Jakobus Sidabutar
Mr. Satoshi Onodera
Mr. Tadashi Asano(Malaysia)(Egypt)(Japan)(Japan)(Laos)(Indonesia)(Japan)(Japan)Advisers

Deputy Director Tomoko Akane
Prof. Yasuhiro Tanabe
Prof. Ryuji Kuwayama(UNAFEI)(UNAFEI)(UNAFEI)

Report Summary
This group began their discussions by looking at the effective exchange of informationand informal and formal legal assistance as factors which are instrumental in tackling humantrafficking and smuggling of migrants. Informal channels include; personal channels, legal
attachés and INTERPOL. Formal channels include; letters rogatory, mutual legal assistanceand extradition. The group made a number of recommendations on international cooperation.
As for governmental cooperation the group considered; the creation of common standards,
assets confiscation, direct contact network, moderate rule application, victims protection,technical assistance and establishment of regional organizations. In terms of nongovernmental cooperation the group concentrated on the exchange of information, enhancing
awareness and support activities for victims.

14

Observation Visits
Date

Agency/Institution

Main Persons Concerned

Sept. 10

Tokyo District Court• Mr. Kei Yamamuro
District Court Judge

Sept. 17

Tokyo District Public
Prosecutors Office• Mr. Kunitaro Saida
Chief Prosecutor

Sept. 17

Ministry of Justice• Ms. Mayumi Moriyama
Minister of JusticeSept. 18

Tokyo Immigration Office (Narita • Mr. Osamu Sato
Branch)Director of Narita BranchTokyo Immigration Office
Tokyo Customs
Branch)Oct. 22

Office(Narita

Fuchu Prison· Mr. Hiroyuki Tanahashi

Director of Narita BranchTokyo Customs Office· Mr. Takao Yoshizawa

Head of General Affairs Section
Oct. 23

Fuchu Ninth Elementary School·

Mr. Takahiro Sakai
Principal

Oct. 23

Supreme Court·

Mr. Norio Kameyama
Supreme Court Justice15

Group Study Tours
Date

Group

Agency/Institution

Main Persons Concerned

Sept.
23 ~ 24

Nagano• Nagano ACPF Friendship Seminar· Mr. Kiyomi Imai

Organizer, Nagano ACPF
· Nagano Toyota· Mr. Gen Utsunomiya

Director of Nagano ACPF
· Nagano Ariake-Kougen-Ryo Juvenile· Mr. Hiroshi Ito

Training School

Superintendent· Matsumoto Police Station· Mr. Masaaki Osada

Head of the Police Station· Ote-Koban· Mr. Yuji Yamada

Head of the Police Box
Oct.
9 ~ 12HiroshimaKansai• Sixth Regional Coast Guard Headquarters· Mr. Hiroki Tsukiji

Chief of Guard Division· Osaka High Public Prosecutors Office· Mr. Yuki Kawachi

Superintending Prosecutor• Osaka District Public Prosecutors Office· Mr.Takashi Kobayashi

Deputy Chief Prosecutor· Nishi Nihon Immigration Centre· Mr. Seiji Iwamoto

Director of the General Affairs
Division

16

Special Events

Sep. 2

Welcome Party

Sept. 4, 5, 6, 9, 11, 13, 20 and 25
Japanese Conversation Classes
The overseas participants attended Japanese conversation classes provided by JICA andthe ACPF. They learned practical Japanese expressions. The sensei (teachers) were Ms.
Mariko Kambayashi, Ms. Kimiko Hiraiwa, Ms. Sayuri Satake and Ms. Mieko Terao. Iroiro
Arigato Gozaimashita.
Sept. 7

Kyurinso Garden
The Rotary Club of Fuchu invited the participants to a luncheon at Fuchu-bayashi where
the participants were treated to traditional Japanese music and dancing played by a local
Fuchu band. The participants were also able to enjoy a walk around Kyurinso Garden in
Fuchu.

Sept. 12
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 the three-legged race,
racket relay and the true-false quiz. Afterwards, there was a friendship party at UNAFEI.
Sept. 17
Reception by Vice-Minster of Justice
After visiting the Ministry of Justice, a reception was held by the Vice-Minister ofJustice, Mr. Keiichi Tadaki, at the Lawyers Club.
Sept. 23 ~ 24
Nagano Trip
During the Nagano Trip the participants visited the Zenko-ji Temple and apple garden.
They also enjoyed a friendship party with the ACPF Nagano Branch.
Sept. 27
UNAFEI International Bowling Tournament
The participants enjoyed bowling at the Fuchu bowling centre. After this, there was asmall party held at UNAFEI.
Sept. 28 and Oct. 5
Home Visits
ACPF Fuchu Branch organized dinners for the participants in the homes of members
from the Fuchu International Exchange Salon, Tokyo Fuchu Rotary Club and Soroptimist
International of Tokyo, Fuchu. The hosts were Ms. Masuko Suzuki, Mr. Yoshiyuki Sakano,
Mr. Yasuhiko Mori, Mr. Rinshi Sekiguchi, and Mr. Takeo Ozawa.

17
th

th

Oct. 2 ~ 4 UNAFEI’s 40 and ACPF’s 20 Anniversaries and Commemorative Symposiumthth
UNAFEI and the ACPF celebrated their 40 and 20 anniversaries respectively. In
order to mark this occasion a commemorative symposium was held at the same time as theth
ACPF’s 9 World Conference in the Ministry of Justice and the Institute for International
Cooperation, Tokyo. During the symposium the participants listened to commemorative
speeches followed by panel discussions on themes such as combating transnational organizedcrime, poverty and terrorism and criminal justice challenges in the age of globalization. During
the three day symposium the ACPF hosted two parties at the Lawyers Club and at the Hotel
Pacific where participants could meet with delegates to the symposium.
Oct. 7

Koto Concert
The Ensemble 21st Century, a group of volunteer musicians, performed traditional
Japanese ‘Koto’ music for the participants at UNAFEI.

Oct. 9 ~ 12
Hiroshima-Kansai Study Tour
Hiroshima: On their first day, the participants visited the Peace Memorial Museum
and Peace Memorial Park in Hiroshima. The next day, the participants visited the Coast
Guard Academy and Miyajima Island, located in the Seto Inland Sea near Hiroshima.
Kyoto: After their arrival in Osaka, the participants were treated to a party hosted by
the ACPF Osaka Branch. On their third day, the participants visited the Osaka
Nakanoshima National Government Building after which they visited the Osaka Public
Prosecutors Office. The next day, the participants went on a guided bus tour to Nijo
Castle, Kinkaku Temple and the Kyoto Imperial Palace.
Oct. 13

Chofu City Fireworks Display
Chofu City Volunteer Probation Officers Association invited the participants to the
Chofu City fireworks display where they held a friendship party.

Oct. 15

VPOs' International Training
Ten Volunteer Probation Officers (VPOs) visited UNAFEI for an International
Training Programme. It was jointly organized by UNAFEI and the Rehabilitation Bureauof the Ministry of Justice of Japan. A discussion session and friendship party werearranged to exchange views between the VPOs and the participants.

Oct. 17

T.I.C.P. Friendship Party
The Training Institute for Correctional Personnel held a friendship party for theparticipants at their Institute. The participants saw a variety of entertainment and participatedin various Japanese and other songs during the party.

Oct. 21

Suntory Musashino Brewery
At the invitation of the Fuchu Rotary Club, the participants visited the Suntory
Musashino Brewery and were given a guided tour. Mr. Shinichi Miyazawa, President of the
Fuchu Rotary Club hosted a party afterwards at the Brewery.

Oct. 24

Farewell Party

18

Reference Materials Distributed
United Nations Convention against Transnational Organized Crime and the Protocols
thereto(1) United Nations Convention against Transnational Organized Crime(2) Protocols to Prevent, Suppress and Punish Trafficking in Persons, especially Womenand Children, supplementing the United Nations Convention against Transnational
Organized Crime(3) Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing theUnited Nations Convention against Transnational Organized Crime(4) Signatures-Tuesday, 12 December to Friday, 15 December 2000
(5) Report of the Ad Hoc Committee on the Elaboration of a Convention against
Transnational Organized Crime on the work of its first to eleventh sessions (United
Nations General Assembly 20 March 2001, A/55/383/Add.2)(6) Interpretative notes for the official records (travaux préparatoires) of the negotiationof the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition, supplementing the United Nations
Convention against Transnational Organized Crime (United Nations General
Assembly 21 March 2001, A/55/383/Add.3)(7) Summary of the United Nations Convention against Transnational Organized Crime
and Protocols thereto (UNODCCP)(8) After Palermo: An Overview of what the Convention and Protocols Hope to
Accomplish (UNODCCP)(9) Overview of the Provisions of the United Nations Convention against Transnational
Organized Crime and its Protocols (Mr. Dimitri Vlassis, Visiting Expert in the 119th
International Training Course, UNAFEI)(10) The Global Situation of Transnational Organized Crime, The Decision of theInternational Community to Develop an International Convention and the Negotiation
Process (Mr. Dimitri Vlassis, Visiting Expert in the 119th International Training
Course, UNAFEI)(11) Efforts of the Centre for International Crime Prevention to Promote Expeditious Entry
into Force of the United Nations Convention against Transnational Organized Crimeand its Protocols and Expected Impact of These New Instruments (Mr. Dimitri Vlassis,
Visiting Expert in the 119th International Training Course, UNAFEI)
Other Documents(1) Global Programme against Trafficking in Human Beings (E/CN.15/1999/CRP.2)(2) Trafficking in Humans (UPDATE, UNODCCP, January 2000)(3) G8 Communiqué Birmingham 1998
(4) G8 Communiqué Okinawa 2000
(5) Recommended Principles and Guidelines on Human Rights and Human Trafficking(Report of the United Nations High Commissioner for Human Rights to the Economic
and Social Council)(6) Trafficking in Persons Report (U.S. Department of State, 2002)(7) Victims of Trafficking and Violence Protection Act 2000
(Trafficking in Persons Report (July 2001, Department of State, U.S.A.)19

Current Situation of Trafficking in Human Beings and Smuggling of Migrants(1) Child trafficking in West and Central Africa an Overview(23 February 2001, Dr. Rima Salah, UNICEF Regional Director for West and Central
Africa)(2) Organized Crime and People Smuggling/Trafficking to Australia(May 2001, Ms. Rebecca Tailby, Australian Institute of Criminology)(3) INTERPOL/ International Criminal Police Review, Number487-488(Special issue: Combating the traffic in human beings);
People Smuggling in Australia (D. Cook and T. Mclnerny)
Migrant Smuggling in Canada (G. William)
Organized Smuggling in China and Countermeasures (Interpol Beijing)
Italy: Organized crime from the Balkans (T. Terrible)
Traffic in Human Beings for Sexual Exploitation Purposes in Spain(the Spanish Ministry of the Interior)
Traffic in Human Beings in Nigeria (M. A. Adamu)
The Situation in the Russian Federation (S. Avdienko)(4) The Current Situation of and Countermeasures against Transnational Organized
Crime in the Republic of the Philippines (Severino H. Gana, Jr., Visiting Expert in the
119th International Training Course, UNAFEI)
United Nations Convention on the Rights of the Child and the Protocols thereto(1) United Nations Convention on the Rights of the Child(2) Optional Protocol to the Convention on the Rights of the Child on the scale of the saleof children, child prostitution and child pornography(3) Optional Protocol to the Convention on the Rights of the Child on the involvement ofchildren in armed conflict
Japanese Legislation(1) Immigration Control and Refugee Recognition Act(2) Law for Punishment of Organized Crimes, Control of Crime Proceeds and Other
Matters(3) Law concerning Interception of Communications for the purpose of Criminal
Investigation(4) Law concerning Prevention of Unjust Acts by Boryokudan Members(5) The Law for Punishing Acts Related to Child Prostitution and Child Pornography, andfor Protecting Children
Money Laundering(1) The Forty Recommendations (Financial Action Task Force on Money Laundering,
FATF), 1990 (revised in 1996)(2) FATF Report on Money Laundering Typologies 2000-2001 (FATF, 1 February 2001)(3) FATF Annual Report 2000-2001 (FATF, 22 June 2001); Summary, Annual Report,
Annexes, Review to Identify Non-Cooperative Countries or Territories: Increasing theWorldwide Effectiveness of Anti-Money Laundering Measures20

Mutual Legal Assistance and Extradition(1) Model Treaty on Mutual Assistance in Criminal Matters (United Nations General
Assembly Resolution 45/117 of 14 December 1990)(2) Report of the Intergovernmental Expert Group Meeting on Mutual Assistance in
Criminal Matters, held at Arlington, Virginia, United States of America, from 23 to 26
February 1998 (E/CN.15/1998/7)(3) Complementary provisions for the Model Treaty on Mutual Assistance in Criminal
Matters (United Nations General Assembly Resolution 53/112 of 9 December 1998)(4) Model Treaty on Extradition (United Nations General Assembly Resolution 45/116 of
14 December 1990)(5) Report of the Intergovernmental Expert Group Meeting on Extradition, held at
Siracusa, Italy, from 10 to 13 December 1996 (E/CN.15/1997/6)(6) Complementary provisions for the Model Treaty on Extradition (United Nations
General Assembly Resolution 52/88 of 12 December 1997)(7) Manual on the Model Treaty on Extradition and Manual on the Model Treaty on
Mutual Assistance in Criminal Matters; An Implementation Guide (International
Review of Criminal Policy, Nos. 45 and 46, 1995)(8) International Cooperation against Transnational Organized Crime: The General
Development (Dr. Matti Joutsen, Visiting Expert in the 119th International Training
Course, UNAFEI)(9) International Cooperation against Transnational Organized Crime: Extradition and
Mutual Legal Assistance in Criminal Matters (Dr. Matti Joutsen, Visiting Expert in
the 119th International Training Course, UNAFEI)(10) International Cooperation against Transnational Organized Crime: The Practical
Experience of the European Union (Dr. Matti Joutsen, Visiting Expert in the 119th
International Training Course, UNAFEI)(11) Extradition and Legal Assistance: The Philippine Experience (Mr. Severino H. Gaña,
Jr., UNAFEI Resource Material Series No.57, at 50, 2001)(12) International Cooperation in Criminal Matters – Extradition and Mutual Legal
Assistance (Mr. Mikinao Kitada, UNAFEI Resource Material Series No.51, at 291,
1997)(13) Treaty on Extradition between Japan and the United States of America (Treaty No.3
of 1980)(14) Treaty on Extradition between Japan and the Republic of Korea

21

EXPERTS & PARTICIPANTS LIST
Visiting Experts
Ms. Natalia Ollus

Senior Programme Officer,
HEUNI,
Helsinki, Finland

Dr. Deepa Mehta

Inspector General of Police,
Chief Vigilance Officer,
Delhi Metro Rail Corporation,
India

Mr. Farooq Azam

Chief of Mission/Regional Representative,
International Organization for Migration,
Bangkok, Thailand

Mr. Severino H. Gaña, Jr.

Assistant Chief State Prosecutor,
National Prosecution Service
Department of Justice,
Manila, Republic of the Philippines

Mr. Hamish McCulloch

Assistant Director,
Trafficking in Human Beings,
INTERPOL,
Lyon, France

Mr. Richard Hoffman

Assistant U.S. Attorney,
Department of Justice,
Boston, U.S.A.

Dr. Diego Rosero

Senior Legal Officer,
United Nations High Commissioner for Refugees,
Regional Office for Japan and the Republic ofKorea,
Tokyo, Japan

22

Overseas Participants

Mr. Man Ju-you

Deputy Chief,
Beijing Exit and Entry Control Department,
Beijing, China

Mr. Ahmed Mohamed Youssef Ahmed Wahdan
Head of Crime Research Department,
National Centre for Social
and Criminological Research,
Cairo, Egypt
Mr. Lambok Marisi Jakobus Sidabutar

Public Prosecutor,
Siak Sri Indrapura District
Public Prosecution Office,Riau, Indonesia

Mr. Dzainal Syarief

Senior Detective,
Criminal Investigation Corps,
Indonesia National Police,
Jakarta, Indonesia

Mr. Coulibaly Souleymane Kafana

Juvenile Judge, Court of First Instance,
Abengourou, Ivory Coast

Mr. Rajvong Xaysana

Investigator/Technical Officer,
General Inspection Department,
Office of the Public Prosecutor,
Vientian Pre., Laos

Ms. Radziah Basir

Section Head,
Corruption Prevention Department,
Anti-Corruption Agency,
Putrajaya, Malaysia

Mr. Kiran Paudel

Undersecretary,
Commission for the Investigation of
Abuse of Authority,
Kathmandu, Nepal

Ms. Narcisa Holgado Guevarra

Committee Secretary,
Committee on Justice,House of Representatives,
Manila, Philippines

23

Ms. Jeorgette Ceniza Paderanga

Chief Probation and Parole Officer,
Parole and Probation Administration Region VII,
Cebu City, Philippines

Mr. Pongson Kongtreekaew

Head, Public Service Section,
Academic Division,
Police Cadet Academy,
Bangkok, Thailand

Mr. Pattanachai Yodpayung

Senior Judge,
Southern Bangkok Civil Court,
Bangkok, Thailand

Mr. Becerra Niño Juan Antonio

Commissary Chief/Researcher,
Scientific, Penal andCrime Investigation Department,
Tachia, Venezuela

Japanese Participants

Mr. Tadashi Asano

Chief Specialist in Charge of
Psychological Assessment,
Kofu Juvenile Classification Home
Kofu, JapanMr. Shinji Miyamoto

Deputy Director of Guard Division,
Guard and Rescue Department,th
5 Regional Coast Guard Headquarters,
Hyogo, Japan

Mr. Kunio Morita

Public Prosecutor,
Sapporo District Public Prosecutors Office
Sapporo, Japan

Mr. Kyosuke Nagao

Immigration Inspector,
Tokyo Regional Immigration Bureau
Tokyo, Japan

Mr. Takehiko Okada

Assistant Judge,
Tokyo District Court,
Tokyo, JapanMr. Satoshi Onodera

Chief Investigator
Public Security Investigation Agency,
Tokyo, Japan

24

Mr. Takeru Sato

Assistant Judge,
Osaka District Court,
Osaka, Japan

Mr. Takeo Shiohara

Immigration Control Officer,
Tokyo Regional Immigration Bureau,
Tokyo, Japan

Ms. Mika Shiraki

Probation Officer,
Fukuoka Probation Office,Kitakyusyu Branch Office,Fukuoka, Japan

Mr. Masato Takahashi

Public Prosecutor,
Tokyo District Public Prosecutors Office,Hachioji Branch Office
Hachioji, JapanMr. Shigeru Uchiyama

General Instructor,
National Police Academy,
Tokyo, Japan

25

INFORMATION ABOUT PROGRAMMES AND
ACTIVITIESRecent Activities

1. Training Programme: Juvenile Delinquent Treatment Systems
UNAFEI is conducting its Third Special Training Course on the Juvenile Delinquent
Treatment System for Kenyan criminal justice officials who are working for the prevention ofdelinquency and the treatment of juvenile delinquents in their country. The training course,
entitled “Juvenile Delinquent Treatment Systems”, starts on 28 October and will end on 20
November 2002. The course exposes Kenyan officials to the workings of the Japanese juvenile
justice and treatment system through lectures and observation visits to relevant agencies. As aresult of this comparative study, the officials will successfully develop action plans for the
implementation and development of institutional and community-based treatment systems forjuvenile delinquents in Kenya.
2. Training Programme: Corruption Control in Criminal Justice
UNAFEI is conducting its Fifth Training Course on Corruption Control entitled“Corruption Control in Criminal Justice” from 28 October to 21 November 2002. In this course,
thirteen foreign officials and three Japanese officials engaged in corruption control willcomparatively analyze the current situation of corruption, methods of corruption prevention, andmeasures to enhance international cooperation in this regard.
3. United Nations Centre for International Crime Prevention (CICP)-UNAFEI PreRatification Expert Group Seminar for the UN Convention against Transnational
Organized Crime and its Protocols
Senior criminal justice officials from 21 countries in the Asia-Pacific region and visiting
experts from all over the world were invited to this seminar which was held at the Osaka branchof UNAFEI on 22 and 23 August 2002. The purpose of the seminar was to support theratification of the TOC Convention and it was jointly organized by CICP and UNAFEI.
4. UNAFEI’s Fortieth Anniversary Ceremony and Commemorative Symposium
UNAFEI celebrated its fortieth anniversary since its establishment in 1962. As the ACPF
also celebrated its twentieth anniversary, a joint ceremony and symposium was held from 2 to 4
October 2002 at the Ministry of Justice and the Institute for International Cooperation, Tokyo.
Senior criminal justice officials, experts and many UNAFEI alumni attended this event.

26

Forthcoming Training Programmes
1.

rd

The 123 International Senior Seminarrd

The 123 International Senior Seminar, entitled “The Protection of Victims of Crimeand the Active Participation of Victims in the Criminal Justice Process specificallyconsidering Restorative Justice Approaches” is scheduled to be held from 14 January to 14rd
February 2003. The 123 International Seminar will examine the current situation andproblems in relation to the protection of victims of crime and the active participation of victims
in the criminal justice process specifically considering the possibilities and problems that exist
in restorative justice approaches.
Rationale
The status of victims of crime had been given little attention in the criminal justiceprocess from the beginnings of the modern criminal justice system to recent years. However,after the term “victimology” came into the world in the 1940s, based on the research of theactual situation of victims of crime, we had to face the serious problem of how to protect ofvictims of crime in the criminal justice system. The findings showed that, although the victim
was the person who was the most strongly affected by the offence, there had been little
attention paid to the protection of the rights, the interests and the legal status of the victim in
the criminal justice system except in very exceptional cases. A common view regarding the
deficiencies in the fairness of the system to victims of crime under the criminal justice system
was developed. Policies and measures for the victim were developed in the following threestages, mainly in the Western countries after the 1960s.
The first stage was the establishment of a system of monetary support for the victim(1960s). New Zealand was the first country that enacted a law to give monetary support to thevictim and other Western countries followed this. Through these efforts, the basis ofmonetary support for the victim by the national government was established. The second
stage was the strengthening of immediate and direct support for the victim (1970s). From thistime, immediate and direct support to the victim was started to be given by non-profit
organizations such as Victim Support in the UK, the National Organization for Victim
Assistance in the USA and by the governmental sectors. Since various kinds of research was
conducted on the actual situation of the victim in this era, the idea was widely accepted thatthe improvement of the legal status of the victim and the establishment of the rights of thevictim were essential for an effective management of the criminal justice system. Based on
this principle, the third stage was the enactment of statutes for the improvement of the legal
status of the victim and the establishment of the rights of the victim. The Western and some
Asian countries realized the following rights through various kinds of laws and statutes suchas the right to receive fair treatment, respect of dignity and privacy of the victim in thecriminal justice process, the right to receive information about criminal justice proceedings,
the right to attend to trails, the right of protection from threats and revenge and the right ofcompensation and reparation.
In Japan, a law was enacted to give monetary support to the victim in 1980 and laws
for the improvement of the legal status of the victim were enacted and amended in 2000. The
enactment and amendment of 2000 abolished the limitation period for complaints in sexual
offences, allows a victim to make an victim impact statement in the trial process, gives27

consideration for the victim in the process of examination of a witness and attendance at thetrial, gives authority to the court record as an enforceable title of obligation when it records a
civil agreement between victim and offender. Furthermore, the information providing system
to the victim by the police and public prosecutor’s office has also been upgraded.
Under these circumstances, “The Principles of Justice for Victims of Crime andAbuse of Power” was adopted in the Seventh United Nations Congress on the Prevention of
Crime and the Treatment of Offenders in 1985. The Principles require nations and nationals
to have sympathy and respect for the victim. For example, the Principles provide for the rightof swift restoration of loss caused by crime, the right to receive information about thecriminal justice procedure and participation in the procedure and consideration forstrengthening various kinds of victim support.
As victim protection and support gained ground, the restorative justice approach also
emerged as a new concept to tackle problems which the criminal justice system was failing toaddress. The restorative justice approach is one which considers the loss caused by crime
through the active participation of the victim, offender and the community.
Restorative justice has been defined in numerous ways. Professor Umbreit defines
restorative justice as “a victim-centered response to crime that provides, opportunities for
those most directly affected by crime - the victim, the offender, their families, andrepresentatives of the community - to be directly involved in responding to the harm causedby the crime. Restorative justice is based upon values which emphasize the importance ofproviding opportunities for more active involvement in the process of offering support andassistance to victims of crime; holding offenders directly accountable to the people andcommunities they have violated; restoring the emotional and material losses of victims (to thedegree possible); providing a range of opportunities for dialogue and problem solving amonginterested victims of crime, offenders, families, and other support persons; offering offenders
opportunities for competency development and reintegration into productive community life;and strengthening public safety through community building.” In this seminar, we shallconsider the concept of restorative justice in a manner wider than any strict meaning.
Restorative justice has existed since ancient times, but was rekindled in the West by
the establishment of an experimental victim-offender reconciliation program in Canada in
1974. After that there was a rapid growth of these programs to more than 1,000 in North
America, Europe, Southern Hemisphere countries such as New Zealand, Australia and South
Africa. Some Asian countries have also tried to introduce these programs. In addition, somecountries have introduced restorative justice by statute. For instance, the New Zealandgovernment introduced family group conferences (FGC) for young offenders in the Children
and Young Persons Act of 1989. FGCs were made available for adult offenders in New
Zealand in 1995. Following that, the United Kingdom also introduced a similar concept in theform of the referral order for young offenders in the Youth Justice and Criminal Evidence Actof 1999. Youth offender panels were introduced which perform the same functions as FGCs.
Under these circumstances, “The Vienna Declaration on Crime and Justice: Meeting
the Challenges of the Twenty-first Century” was adopted by the Tenth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders held in Vienna in April
2000. The Declaration provides that, “We decide to introduce, where appropriate, national,
regional and international action plans in support of victims of crime, such as mechanisms for28

mediation and restorative justice, …. and we encourage the development of restorative justicepolicies, procedures and programs that are respectful of the rights, needs and interests ofvictims, offenders, communities and all other parties.” Based on this Declaration, the working
group of the Commission on Crime Prevention and Criminal Justice has drafted “Basicprinciples on the use of restorative justice programs in criminal matters” as a United Nations
standard for restorative justice (see attached reference material).
However, we find that major parts of Asian, African and Central and Southern
American countries do not have adequate systems for the protection of victims of crime anddo not sufficiently encourage active participation by the victim in the criminal justice process.
These countries are requested to strengthen their systems for victim protection and supportand develop restorative justice policies, procedures and programs at the same time.
Taking into consideration the various issues, we intend to clarify and analyze thecurrent situation and to explore more effective ways to protect victims of crime andencourage more active participation by the victim in the criminal justice process specificallyconsidering restorative justice approaches.
Giving due consideration to the above mentioned rationale, the Seminar intends to
explore more effective ways to protect victims of crime and encourage more active
participation by victims in the criminal justice process specifically considering restorative
justice approaches in each of the participating counties. By clarifying and analyzing the actual
situation, possibilities and problems, sharing a theoretical basis, experiences and information,
we will be able to find the most appropriate direction towards effective protection of victims
of crime and encourage active participation by the victim in the criminal justice process
specifically considering restorative justice approaches.
In the Seminar discussions, focus will be placed upon the following issues:
1.
Current situation and problems in relation to the protection of victims of crime and theactive participation of victims in the criminal justice process:(a) Current situation and problems in relation to measures to protect victims of crime(1) Swift victim restoration system without recourse to court procedure such as mediation,
reconciliation and arbitration, (2) Victims of crime compensation system, (3) Protection of
victims and witnesses from offenders (tougher bail conditions, separation of waiting rooms
between victims, witnesses and offenders, witness protection programs, prohibition of accessby the offender to the victim), (4) Methods of testimony in order to protect victims andwitnesses (confidentiality of information about victims and witnesses, video link, testimony
using video tape, guardian ad litems and witness attendants during testimony), (5) Various
kinds of services for victims such as immediate and direct support(b) Current situation and problems in relation to the active participation of victims in thecriminal justice process(1) The right of complaint for the victim, (2) Private prosecution, (3) System/measures ofobjection 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

29

order, community service order as a symbolic restitution, reparation order as a condition of aprobation order, reconciliation in the criminal process, incidental civil law suit to the trial)(c) Current situation and problems in relation to providing information for victims of crime(1) An information providing system for the victim at each stage of the criminal justicesystem (situation of investigation, arrest, prosecution/indictment, schedule of trial, location of
offender, result of fact finding, sentence, escape, release on bail, home leave, furlough, parole,release on expiration of term of sentence and death of offender), (2) Providing a chance ofattendance at the trial, (3) Providing offender’s information to the community (such as
information of release from a correctional institution and residence in the community of a sex
offender)2.
Current situation, possibilities and problems in restorative justice approaches(a) General topics of restorative justice - theoretical basis and problems of restorative justice,
relation between restorative justice and criminal justice(1) The aim and goal of restorative justice(2) The possibilities and problems of the restorative justice approach - protection of the rightsof theperson concerned in the restorative justice process(i) The ways of ensuring impartial solutions in the restorative justice process(ii) Guarantee of due process of law for offenders in the restorative justice process(b) Particular topics of restorative justice - current situation, possibilities and problems of the
management of systems based on restorative justice approaches(1) Swift and effective restoration of loss caused by crime through the restorative justiceprocess (including recovery of damage)- active participation of the victim and community inthe victim offender reconciliation program (VORP), victim offender mediation program(VOM), victim offender dialogue program and family group conferencing (FGC) process(2) What are the conditions under which the restorative justice approach as a diversion
system functions most effectively (in terms of age, crime, criminal history and otherimportant elements that affect effective management)(3) The relationship between a restorative outcome (agreement based on the restorative
process) and the formal criminal procedure(4) Effective measures for ensuring a restorative outcome (which is based on agreement
through the restorative justice process)th

3. The 124 International Training Courseth

UNAFEI will hold the 124 International Training Course from May to July 2003. The
theme of this course is currently under consideration.
Forthcoming Activities
1.

Indonesia-UNAFEI Joint Seminar

The Indonesia-UNAFEI Joint Seminar will be held in Jakarta under the theme of“Criminal Justice Reform” from 18 to 20 December 2002. The Government of Indonesia, JICA
and UNAFEI will organize the Joint Seminar.

30

ADMINISTRATIVE NEWS

Overseas Trips by Staff
Mr. Toru Miura (Professor) and Mr. Ryuji Kuwayama (Professor) visited Costa Ricafrom 13 to 27 July 2002 where they presented lectures on behalf of UNAFEI at the FourthInternational Training Course on the Improvement of Prison Conditions and Correctional
Programmes.
Mr. Kunihiko Sakai (Director), Ms. Sue Takasu (Professor), Mr. Yasuhiro Tanabe(Professor) and Mr. Masuo Tanaka (Staff) visited the People’s Republic of China from 21 to 28
July 2002 for the purpose of fostering international exchange between the respective criminal
justice administrations.
Mr. Kei Someda (Professor) and Mr. Kenji Teramura visited Kenya as short-term
experts, as part of a JICA international assistance scheme providing special support to theChildren’s Department of Kenya from 24 July to 25 August 2002.
Ms. Tomoko Akane (Deputy Director) participated in the Twentieth Cambridge
International Symposium on Economic Crime and the Seventh Annual Conference and General
Meeting of the International Association of Prosecutors in Cambridge and London respectively
from 7 to 16 September 2002.
Mr. Yasuhiro Tanabe (Professor) attended the Fifth International Conference on
Computer Crime organized by the ICPO-INTERPOL in Seoul, Korea from 13 to 16 October
2002 where he gave a presentation on UNAFEI’s activities in the fight against computer-related
crime.
nd

Mr. Ryuji Kuwayama (Professor) acted as an observer at the 22 Asian and PacificConference of Correctional Administrators which was held in Bali, Indonesia from 12 to 20
October 2002.

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI Email: unafei@moj.go.jp

31

STAFF & FACULTY OF UNAFEI

Faculty:
Mr. Kunihiko Sakai
Ms. Tomoko Akane
Mr. Toru Miura
Mr. Kenji Teramura
Mr. Kei Someda
Mr. Yuichiro Tachi
Mr. Yasuhiro Tanabe
Ms. Sue Takasu
Mr. Ryuji Kuwayama
Ms. Mikiko Kakihara
Mr. Sean Brian Eratt
Secretariat:
Mr. Kiyoshi Edura
Mr. Yoshiyuki Fukushima

Director
Deputy DirectorndChief of Training Division, Professor, 122
Course Programming Officer
Chief of Research Division, Professor
Chief of Information & Library Service Division,
Professor
Professor
Professor
ProfessorndProfessor, 122
Course Sub-Programming
Officer
Professor
Linguistic Adviser

Chief of Secretariat
Deputy Chief of Secretariat

General and Financial Affairs Section
Mr. Takahiro Ihara
Chief
Ms. Ikumi Yoshida
Mr. Wataru Inoue
Mr. Tatsufumi Koyama
Ms. Akiko Tsubouchi
Mr. Teruo Kanai
Maintenance
Mr. Noboru Kaneko
Maintenance
Mr. Shokichi Kai
DriverTraining and Hostel Management Affairs Section
Mr. Takuma Kai
Chief
Mr. Makoto Nakayama
Ms. Mayu Hayashi
Mr. Hiroyuki Koikend
Ms. Shinobu Nagoaka
122 Course Assistant Programming Officer
International Research Affairs Section
Mr. Masuo Tanaka
Librarian
Ms. Akiko Inoue

Secretarial Staff
Ms. Akiko Masaki
Ms. Kyoko Matsushita

32

Kitchen, Chef
Mr. Tomohiko Takagi

JICA Coordinator
Ms. Miki Yamamoto