ISSN 1020-914X

UNAFEI

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

No. 159
June 2019

Established1961
IN THIS ISSUE

Page

LETTER FROM THE DIRECTOR ............................................................................................................................. 1
THE 172ND INTERNATIONAL TRAINING COURSE ........................................................................................... 3
CRIMINAL JUSTICE RESPONSE TO TRAFFICKING IN PERSONS AND SMUGGLING OF MIGRANTS
Course Rationale ............................................................................................................................................ 3
Course Summary.............................................................................................................................................. 9
Lecture Topics.............................................................................................................................................. 10
Individual Presentation Topics ...................................................................................................................... 12Group Workshop Sessions............................................................................................................................. 15
Observation Visits .......................................................................................................................................... 18Group Study Tours......................................................................................................................................... 19
Special Events ................................................................................................................................................ 20
Reference Materials ..................................................................................................................................... 21
Expert and Participant List ............................................................................................................................ 22
INFORMATION ABOUT FORTHCOMING PROGRAMMES .............................................................................. 25
The 173rd International Training Course ..................................................................................................................... 25
The 22nd UNAFEI UNCAC Training Programme ..................................................................................................... 25
The 13th Regional Seminar on Good Governance for Southeast Asian Countries .................................................... 25
ADMINISTRATIVE NEWS ....................................................................................................................................... 26
Faculty and Staff Changes ............................................................................................................................................ 26
FACULTY AND STAFF OF UNAFEI....................................................................................................................... 28

UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

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HOME PAGE: http://www.unafei.or.jp/

1
LETTER FROM THE DIRECTOR
It is my privilege to inform readers of the successful completion of the 172nd
International Training Course on the “Criminal Justice Response to Trafficking in Persons andSmuggling of Migrants”, which took place from 15 May to 21 June 2019. In this Course, wewelcomed 7 Japanese participants and 21 overseas participants: 6 from Africa, 3 from theAmericas, 9 from Asia, 1 from Europe, 1 from the Middle East and 1 from Oceania. The
participants included judges, prosecutors, police officers and other public officials involved in
the field of crime prevention and criminal justice. As this newsletter demonstrates, the Course
was extremely productive. It consisted of lectures by visiting experts, ad hoc lecturers,
UNAFEI faculty members, individual presentations, visits to relevant criminal justiceagencies, and group-workshop and plenary sessions.
Human trafficking and the smuggling of migrants are serious crimes that cause grievous
harm to human dignity, human rights and sustainable development. Transnational organizedcrime groups deceive victims into believing that they are en route to a better life, but they are
instead pressed into indentured servitude or outright slavery. In order to suppress these crimes,
the United Nations Convention against Transnational Organized Crime was adopted, alongwith its protocols on trafficking in persons and the smuggling of migrants. These instruments
seek to, inter alia, harmonize the criminalization of human trafficking and smuggling, tostrengthen investigative techniques to counter trafficking and smuggling crimes while
maintaining a victim-oriented approach, and enhance international cooperation among States
Parties.
UNAFEI, as one of the institutes of the United Nations Crime Prevention and Criminal
Justice Programme Network, held this Course to offer participants an opportunity to clarify
and analyse the current situation of efforts to combat human trafficking and smuggling of
migrants in each participating jurisdiction. Additionally, the participants were able to shareexperiences, gain knowledge, and build a human network of counterparts.
During the Course, the participants diligently and comprehensively examined the main
theme, primarily through a comparative analysis. The participants shared their own
experiences and knowledge of the issues and identified problems and areas in which
improvements could be made. With the academic and practical input from the visiting experts,
ad hoc lecturers and UNAFEI faculty—and the in-depth discussions they had with eachother—the participants are now better equipped to enhance the policies and practices related
to human trafficking and smuggling of migrants in their respective jurisdictions.
I would like to offer my sincere congratulations to all of the participants upon theirsuccessful completion of the Course, made possible by their strenuous efforts. My heartfelt
gratitude goes out to 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 various agencies and institutions that helped diversify the Course.
I would also like to express my great appreciation to the Japan International Cooperation
Agency (JICA) for its immeasurable support throughout the Course. At the same time, awarm tribute must be paid to the Asia Crime Prevention Foundation (ACPF) and its branchorganizations for their substantial contributions to our activities. Lastly, I owe my gratitude to
all the individuals whose unselfish efforts behind the scenes contributed significantly to the2successful realization of this Course.
Upon returning home, I genuinely believe that, like their predecessors, the strong
determination and dedication of the participants will enable them to work towards the
improvement of their respective jurisdictions’ criminal justice systems, and towards thebenefit of international society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 172nd
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 2019

Takeshi SETO
Director, UNAFEI

3
THE 172ND INTERNATIONAL TRAINING COURSECRIMINAL JUSTICE RESPONSE TO TRAFFICKING IN PERSONS ANDSMUGGLING OF MIGRANTS
Course Rationale
Globalization has provided opportunities for the worldwide expansion of the legitimate
exchange of goods, transportation of persons, and transborder financial and information flows.
At the same time, globalization has facilitated illegal trade. In fact, one of the negative
externalities of globalization is the expansion of transnational criminal organizations.
Transnational criminal organizations are active in a variety of illegal conduct for gaining ahuge amount of illicit benefits. Such illegal conduct includes trafficking of drugs, firearms,
counterfeited products and human beings and smuggling of migrants. Indeed, trafficking inpersons and smuggling of migrants are, for perpetrators, lucrative businesses and major formsof transnational organized crime.
The distinctions between trafficking in persons and smuggling of migrants—despite
differences in legal definition—are often subtle and sometimes overlap. As for both crimes,
since human beings are the subjects that cross the border for the purpose of profiting thecriminals, such criminal conduct often involves serious risks or harm to the lives, safety,
dignity, property and other fundamental rights and values of the trafficked/smuggled persons.
For instance, criminal organizations commit trafficking in persons for a variety of purposes:
sexual exploitation, forced labour, slavery and organ removal, etc., thus victimizing thetrafficked persons. Smuggling of migrants also exposes the lives of migrants to danger; many
smuggled migrants are confined in windowless containers and deprived of food and water.
Furthermore, smuggled migrants are forced to pay for assistance when illegally crossing
borders. The fees can far exceed their income before migrating, and quite often, they andtheir families are forced to continue to pay after entering their destination countries.
The international community has been deeply concerned by the negative economic andsocial implications related to these organized criminal activities and created strong legislative
instruments for criminal-justice and other relevant authorities to combat these crimes
committed by organized criminal groups, in particular: the United Nations Convention
against Transnational Organized Crime (hereinafter referred to as “UNTOC”); the Protocol toPrevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime(hereinafter referred to as the “Trafficking in Persons Protocol”); and the Protocol against the
Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention
against Transnational Organized Crime (hereinafter referred to as the “Smuggling of
Migrants Protocol”).
UNTOC obliges its State Parties to establish necessary legal frameworks to ensurecollective efforts in combating transnational organized crime and refers to effective
investigative and prosecutorial measures. It addresses, inter alia, criminalization ofparticipation in organized criminal groups and the laundering of proceeds of crime (articles 5
and 6), confiscation and seizure of proceeds of crime or property and measures forinternational cooperation (articles 12, 13 and 14), extradition (article 16), mutual legal

4assistance (article 18), joint investigations (article 19), special investigative techniques(article 20), protection of witnesses (article 24), measures to enhance cooperation with law
enforcement authorities (article 26) and law enforcement cooperation (article 27). The
Trafficking in Persons Protocol and the Smuggling of Migrants Protocol supplement UNTOC.
The former addresses, inter alia, criminalization of trafficking in persons (article 5), andborder measures to prevent and detect trafficking in persons, including control of travel andidentity documents (articles 11, 12 and 13), and similarly, the latter addresses, inter alia,
criminalization of smuggling of migrants (article 6) and border measures to prevent anddetect smuggling of migrants, including control of travel and identity documents (articles 11,
12 and 13).
In addition, in 2010, the United Nations General Assembly adopted the “United Nations
Global Plan of Action to Combat Trafficking in Persons,” which reiterates the UN’s strong
condemnation of trafficking in persons as “a serious threat to human dignity, human rights
and development.” Moreover, the 2030 Agenda for Sustainable Development (SDGs) setsfour goals specifically relevant in this context: 1. eliminate all forms of violence against all
women and girls in the public and private spheres, including trafficking and sexual and othertypes of exploitation (Goal 5.2); 2. take immediate and effective measures to eradicate forced
labour, end modern slavery and human trafficking and secure the prohibition and eliminationof the worst forms of child labour, including recruitment and use of child soldiers, and by2025 end child labour in all its forms (Goal 8.7); 3. end abuse, exploitation, trafficking and allforms of violence against and torture of children (Goal 16.2); and 4. by 2030, significantly
reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets andcombat all forms of organized crime (Goal 16.4).
In order to effectively combat trafficking in persons and smuggling of migrants, criminal
justice authorities should not be satisfied with investigating and prosecuting rank and filemembers of criminal organizations. Rather, investigations and prosecutions should aim atgoing after the masterminds and true beneficiaries, and disrupting and dismantling the entire
criminal group. Moreover, because trafficked/smuggled persons enter destination countries
illegally, trafficking in persons and smuggling of migrants usually entail the use of falsified
travel or identity documents. Therefore, it is also necessary to suppress crimes pertaining tofalsified documents such as forgery of passports and identity documents.
In this context, information and expertise of immigration authorities in identifying theauthenticity of these documents is essential. Further, trafficked or smuggled persons are often
exploited in illegal businesses by sexual exploitation, forced labour and removal of organs.
These illegal businesses may be controlled by traffickers and smugglers, or others having
relations with trafficking or smuggling organizations. Even some legitimate businesses are
involved by using trafficked/smuggled persons as low wage workers, thereby creating ademand for these crimes. Therefore, it is also necessary to investigate and prosecute thedemand side, which contributes to producing illicit profits of traffickers and smugglers. Also,
taking into account the mercenary nature of these crimes, there is no doubt that deprivation offinancial or other benefits is one of the most effective countermeasures against criminalorganizations. Therefore, it is of vital importance to identify, trace, freeze, seize andconfiscate illicit proceeds acquired through those crimes.
In addition, as the countries of origin, transit and destination are different, aspects ofconcern and types of evidence vary from country to country. Therefore, each jurisdiction has
to tackle trafficking in persons and smuggling of migrants cases responding to the unique

5situation in each jurisdiction. With this in mind, to successfully suppress trafficking inpersons and smuggling of migrants, law enforcement should conduct effective investigations
with full use of all available investigative techniques so that they can reach the masterminds
and adequately track down the crime proceeds. In jurisdictions where special investigativetechniques, such as undercover operations, electronic surveillance and communications
interception, as partly expressed in article 20 of UNTOC, can be used, use of such innovative
measures would greatly help identifying and investigating high value targets. In addition,measures that encourage members of criminal organizations to cooperate with law
enforcement, such as plea agreements (see article 26 of the UNTOC), can help investigators
identify and detect the leaders of criminal organizations.
Effective financial investigation into the money flow is also important. Clarifying themoney flow helps to trace the proceeds of crime and gives the investigators clues to discover
the main perpetrator who is acting as the mastermind. Moreover, it is crucial for the purposeof depriving the criminals of their illicit gains. Since crime proceeds are concealed and theirillicit origins are disguised by exploiting the financial system, anti-money-laundering
measures, including enhancing obligations of financial institutions, and measures to identify,
trace, freeze, seize and confiscate the proceeds, as well as international cooperation for such
purposes, should be in place as provided in UNTOC (articles 6, 7, 12, 13 and 14).
Furthermore, information from financial intelligence units is useful for law enforcement
agencies to detect money-laundering and its predicate offences. Thus, cooperation between
investigative bodies and related agencies, including financial intelligence units, is also
necessary.
While varied forms of evidence may serve to establish the offence of trafficking inpersons and smuggling of migrants, in many cases, testimony of the trafficked/smuggled
persons may be a central piece. Indeed, sometimes this may be the only or the main piece ofevidence or the source of the allegation. Even when other kinds of evidence are presented,
testimony given by trafficked/smuggled persons is often necessary to explain it. However,law enforcement authorities and prosecutors face many challenges in securing their testimony.
There are a number of reasons for which the trafficked/smuggled persons tend to be reluctant
to cooperate with criminal justice authorities. In some cases, they are afraid that
traffickers/smugglers will harm them or their families. In some cases, they are heavily
traumatized through incidents that they had experienced and cannot endure testifying. In fact,
they are often exposed to the risk of secondary victimization in the criminal proceedings. In
other cases, they are reluctant to cooperate with law enforcement authorities for fear that they
may be deported due to their illegal immigration status. In order to overcome thesechallenges, it is necessary to take appropriate measures to protect victims and witnesses(UNTOC, articles 24 and 25) and to provide trafficking victims with assistance andprotection (Trafficking in Persons Protocol, article 6). Also, in this regard, it should be notedthat the Doha Declaration emphasizes the importance of taking a “victim-oriented approach”.
The complex, multi-dimensional and international nature of these crimes requires a
response with a comprehensive, multidisciplinary and international approach. First, as
information and expertise pertaining to immigration issues can play a key role in preventing
and suppressing trafficking in persons and smuggling of migrants, and in protecting
trafficked/smuggled persons, it is evident that in the investigation and prosecution of thesecrimes, criminal justice authorities should have high levels of coordination and cooperation
with other relevant agencies, in particular with immigration authorities. Second, as trafficking
in persons and smuggling of migrants cases often entail transnational elements, strengthening

6
cooperation and improving coordination among criminal justice and immigration authorities
in other jurisdictions has become increasingly important to successfully suppress theseoffences and deprive the offenders of their illicit proceeds. UNTOC addresses international
cooperation, especially article 16 on extradition, article 18 on mutual legal assistance, article
19 on joint investigations, article 27 on law enforcement cooperation, and article 28 oncollection, exchange and analysis of information on the nature of organized crime.
Additionally, article 10 of the Trafficking in Persons Protocol and article 10 of the
Smuggling of Migrants Protocol address information exchanges among States Parties, inparticular among law enforcement, immigration and other relevant agencies. In order toimplement these requirements and enhance international cooperation in the investigation,prosecution and adjudication of trafficking in persons and smuggling of migrants cases,
including confiscation of their illicit proceeds, simply having relevant legal instruments inplace is not sufficient. Criminal justice and immigration authorities should strengthen theirregular and robust relationships with their foreign counterparts, and further, should enhancetheir capacity, including, inter alia, by sharing best practices in capacity-building. With theabove mentioned in mind, this programme offered participants an opportunity to shareexperiences and knowledge focusing on best practices to combat trafficking in persons andsmuggling of migrants, and to establish bases for future international cooperation throughunderstanding the laws and systems of other countries.
Main Theme
The main theme of the programme was “Criminal Justice Responses to Trafficking in
Persons and Smuggling of Migrants.” The objective of the programme was to identify key
elements of best practices in combating trafficking in persons and smuggling of migrants
which can be commonly shared among the participants regardless of the differences in theirlegal systems, cultures and societies. Through a variety of lectures and presentations,discussions, observation tours as well as intensive group workshops, participants learned thepolicies and practical experiences of other countries. The programme also explored theadvantages and/or shortcomings of the participating countries’ systems and practices. With its
comparative approach, the programme enabled the participants to acquire new viewpoints on,
and inspire them to revisit and consider, possible ways to improve their own systems andpractices. The experience of gaining a multifaceted view and understanding by eachparticipant of his or her own system and practices will eventually contribute to renewed or
improved policies to counter trafficking in persons and smuggling of migrants in theirrespective countries. It will also lead to the protection of victims of these offences and will
ultimately contribute to the building of stable and peaceful societies based on core values
such as human rights and the rule of law. In addition, the programme promoted the formationof a personal and professional network among the participants, which will benefit each one ofthem and their respective countries in the future through the sharing of updated information,
thus enhancing international cooperation in the field of crime prevention and criminal justice.
Key Topics of the Course
The following key topics were addressed during the programme:
1) Current status of trafficking in persons and smuggling of migrants and related offences(e.g. offences pertaining to falsified travel or identity documents, exploitation of
trafficked/ smuggled persons)- Identified forms / purposes of trafficking in persons, smuggling of migrants and related

7
offences, and relevant statistics- Status of each participating jurisdiction (i.e. whether the jurisdiction is a country oforigin, transit or destination) and the situation specific to such status- Role of transnational organized crime groups in trafficking in persons. smuggling of
migrants and related offences
2) Criminalization of trafficking in persons, smuggling of migrants and related offences
3) Investigation, prosecution and adjudication of trafficking in persons and smuggling of
migrants casesa) Challenges in the investigation, prosecution and adjudication of trafficking in persons
and smuggling of migrants casesb) Effective measures to identify, investigate and prosecute the masterminds and the true
beneficiaries and to deprive them of their illicit gainsi) Use of special investigative techniques (e.g. undercover operations, electronic
surveillance, communications interception, plea agreements)ii) Financial investigation—Measures to identify, trace, freeze, seize and confiscateproceeds of crime- Anti-money-laundering measures and cooperation with financial intelligence units- International cooperation in financial investigations and confiscationc) Ensuring cooperation of trafficked/smuggled persons and securing their testimony- Protection of witnesses and assistance to victims at each stage of the criminal
proceedings- Protection of trafficked/smuggled persons in cooperation with other relevant
agenciesd) Suppression of related crimesi) Suppression of offences pertaining to falsified travel or identity documents- Cooperation with immigration authoritiesii) Investigation, prosecution and adjudication of those who are involved in the
exploitation of trafficked/smuggled personse) Other effective countermeasures to address the challenges in investigation, prosecution
and adjudication

84) International cooperation- Law enforcement cooperation- Mutual legal assistance- Extradition- Joint investigations- Cooperation with related agencies (FIUs, immigration authorities) in other jurisdictions
5) Prevention and detection of trafficking in persons and smuggling of migrants- Border control measures
Each participant was required to submit an Individual Presentation Paper regarding theabove-mentioned topics as they apply to his or her country, and to explain and discuss these
topics in his or her individual presentation.

9

Course Summary
Lectures
During the Course, the participants attended 31 lectures, including 9 presented by thevisiting experts, 4 by ad hoc lecturers, and 6 by the faculty of UNAFEI, as well as a meetingwith Japanese Volunteer Probation Officers. Three distinguished criminal justice practitioners
served as UNAFEI’s visiting experts. They lectured on issues relating to the main theme of
the Course and contributed significantly beyond their lectures by encouraging discussions
after their lectures, participating in the discussions of other programmes, and conversing withthe participants on informal occasions. Additionally, the ad hoc lectures were delivered by
officers of the Japan Financial Intelligence Center, the National Police Agency, the Immigration
Bureau and a professor at Ritsumeikan University. The lecturers and lecture topics are listed on
pages 10 to 11.
Individual Presentations
During the second week of the course, all participants delivered individual presentations
which introduced the situation, problems and future prospects of the participants’ countries.
These papers were compiled onto a USB memory stick and distributed to all the participants.
The titles of these individual presentation papers are listed on pages 12 to 14.
Group Workshop Sessions
Group workshop sessions provided the participants with the opportunity to further examine
the sub-topics 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
responses to a previously distributed questionnaire. Selected participants served as chairpersons,co-chairpersons, rapporteurs or co-rapporteurs, and faculty members served as advisers. Eachgroup’s primary responsibility was to explore and develop their designated topics in thegroup workshop sessions. The participants and UNAFEI faculty studied the topics andexchanged their views based on information obtained through personal experience, theindividual presentations, lectures and so forth. After the group workshop sessions, each groupprepared a presentation based on the group discussions. These were subsequently presented
in the plenary report-back session, along with individual action plans of each participant for
implementation upon returning home. Brief summaries of the group workshop reports areprovided on pages 15 to 17.
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 ofJapanese 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 18 to 20

10

Lecture Topics
Visiting Experts’ Lectures
1)

Ms. Janice Brennan• Effective Advocacy for Human Trafficking and Smuggling of Migrants Cases

2)

Mr. Martin Fowke• UNODC's Activities on Human Trafficking and Smuggling of Migrants

3)

Mr. Severino H. Gaña Jr.
• The Strategy and Experience of the Philippines regarding Human Trafficking andSmuggling of Migrants

UNAFEI Professors’ Lectures
1)

Mr. SETO Takeshi, Director, UNAFEI• Transnational Organized Crime and International Cooperation

2)

Mr. OTANI Junichiro, Professor, UNAFEI• Criminal Justice System in Japan: Investigation & Prosecution

3)

Mr. HOSOKAWA Hidehito, Professor, UNAFEI• Criminal Justice System in Japan: Criminal Trials

4)

Mr. WATANABE Hiroyuki, Professor, UNAFEI• Community Corrections in Japan5)

Mr. FURUHASHI Takuya, Professor, UNAFEI• Corrections in Japan6)

Mr. YOKOTA Naoyuki, Assistant Commissioner, Adjunct Professor, UNAFEI• Criminal Justice System in Japan: Police

11
Ad Hoc Lectures
1)

2)

Mr. AKIMOTO Shinji
Deputy Director, JAPAN Financial Intelligence Center• FIU's Activities in Japan
Mr. ARAI Jun
Deputy Director, Safety Division, Community Safety Bureau, National Police Agency• Cases of Trafficking in Persons in Japan3)

Mr. TOGAMI Masakuni
Chief of Inspection, Document Examination Office, Haneda Airport District Immigration
Office, Immigration Bureau of Tokyo• The Immigration Service Agency's Activities in Japan regarding Human Trafficking andSmuggling of Migrants

4)

Ms. NAKA Makiko
Professor, College of Comprehensive psychology, Ritsumeikan University• Training on Forensic Interview

12

Individual Presentation Topics
Overseas Participants
1)

Mr. Julio Cesar De Castilhos Oliveira COSTA (Brazil)• Criminalization of Trafficking in Persons, Smuggling of Migrants and Related
Offences in Brazil

2)

Mr. ETTIEN Tiemele (Côte d'Ivoire)• Investigation, Prosecution and Adjudication of Trafficking in Persons and Smugglingof Migrants Cases in Côte d'Ivoire

3)

Ms. Tupa Lituka Bibiche LIFAEFI (D. R. Congo)• Criminal Justice Law against Human Trafficking

4)

Mr. Ahmed Mohamed Abdelaziz OSMAN (Egypt)• Egyptian Legal Framework in Combating Human Trafficking and Smuggling of
Migrants

5)

Mr. Riad Amin Mohamed Ahmed MANSOUR (Egypt)• Criminal Justice Responses to Trafficking in Persons and Smuggling of Migrants

6)

Mr. Yustiar NUGROHO (Indonesia)• Organizing ISE-HTCA Technical Training to Optimize the Performance of the National
Action Plan for Human Trafficking Criminal Action Eradication (NAP-HTCA)

7)

Ms. Hellen Khandasi MAFUMBO (Kenya)• Criminal Justice Response to Trafficking in Persons and Smuggling of Migrants in
Kenya

8)

Mr. Ulanbek KUDAIBERGENOV (Kyrgyz Republic)• Combating Smuggling and Trafficking in Human Beings in the Kyrgyz Republic

9)

Ms. Mithounavanh KONGMANY (Lao PDR)
• The Effects of Trafficking in Persons and Smuggling of Migrants and the Attempts toExterminate the Problems in Lao PDR in the Judiciary Sector

13
10)

Mr. Benedicto Benedictus CHITSAKAMIRE (Malawi)• Criminal Justice Response to Trafficking in Persons and Smuggling of Migrants: A
Preview of the Situation in Malawi

11)

Mr. Muhd Azlan YUSOFF (Malaysia)• Illegal Immigrants in Malaysia: Challenges in Investigation & Prosecution

12)

Mr. Mohammed Nm ASMAR (Palestine)• Trafficking and Forced Prostitution of Palestinian Women and Girls

13)

Mr. Julio Alberto CAMPINES CORDOBA (Panama)• The Role of the Attorney General in the Trafficking of People and Migrants as aTransit Route Due to the Geographical Position of Panama

14)

Ms. Yarania Grisel RENTERIA MENA (Panama)• Prevention and Detection of Trafficking in Persons and Smuggling of Migrants,
Border Control Measures

15)

Mr. Ewai SEGI (Papua New Guinea)• Trafficking in Persons and Smuggling of Migrants

16)

Mr. Antinna Marakkala Ajith Wasantha KUMARA (Sri Lanka)• Criminal Justice (Focus on Investigation, Prosecution, Adjudication and International
Cooperation)

17)

Mr. Malwattage Chamath Dileepa PEERRIS (Sri Lanka)• Criminal Justice Responses to Trafficking in Persons and Smuggling of Migrants

18)

Mr. Paulo ANUNO (Timor-Leste)• Combating Trafficking in Persons Through Criminal Investigation, Prevention andCooperation in Timor-Leste

19)

Mr. Fedir Vyatcheslavovich OLIINYK (Ukraine)• Fighting Corruption in Illicit Migration and Trafficking in Ukraine: Practice andPerspectives

20)

Mr. Bobir Sobirovich TURDIEV (Uzbekistan)• Human Trafficking: Challenges and the Way Out

14
21)

Mr. Farrukh TURAKHODJAEV (Uzbekistan)• Criminal Justice Response to Trafficking in Persons and Smuggling of Migrants:
Uzbekistan’s Experience and Current Challenges

Japanese Participants
22)

Mr. Hiroki IKEDA (Japan)• A Response to Human Trafficking and Smuggling of Immigrants ~ From the
Perspective of the Japan Coast Guard ~23)

Ms. Takako KAMATA (Japan)• The Saitama Prefectural Police’s Countermeasures against Trafficking in Persons

24)

Mr. Koshiro MANSHO (Japan)• Difficulties Identifying Trafficking Victims

25)

Mr. Yasuyuki MIZOTA (Japan)• Case Study: Illegal Employment Brokering

26)

Mr. Yoshinori MURONE (Japan)• Human Trafficking and Smuggling of Migrants from the Viewpoint of the
Immigration Services Agency in Japan

27)

Mr. Godai OGUCHI (Japan)• Case Study of Witness Protection at Trial

28)

Mr. Yudai SUZUKI (Japan)• The Report of a Case of Trafficking in Persons that Happened in a Japanese Resort
Town

15
Group Workshop Sessions
Group 1
EFFECTIVE MEASURES TO ENSURE COOPERATION OF WITNESSES AND TO
SECURE THEIR TESTIMONY
Rapporteur: Mr. Koshiro Mansho (Japan)
Co-Rapporteur: Mr. Mohammed Asmar (Palestine)
Chairperson
Mr. Bobir Turdiev(Uzbekistan)
Co-Chairperson
Mr. Godai Oguchi(Japan)Members
Mr. Benedicto Chitsakamire(Malawi)Ms. Hellen Khandasi Mafumbo(Kenya)Mr. Ulanbek Kudaibergenov(Kyrgyz Republic)
Mr. Ewai Segi
(Papua New Guinea)
Mr. A.M.A. Wasantha Kumara(Sri Lanka)
Advisers
Prof. Machiko Watanabe(UNAFEI)
Prof. Takuya Furuhashi(UNAFEI)
Report SummaryGroup 1 addressed the topic of witness cooperation and witness protection in the context
of trafficking in persons and smuggling of migrants (“TIP/SOM”). Securing witness
cooperation is fundamental to the criminal justice process and is vitally important to thesuccessful prosecution of TIP/SOM crimes. However, the group reported a number ofchallenges that prevent or discourage witnesses from cooperating with law enforcement, suchas the failure to report trafficking crimes, legal and procedural obstacles and challenges thatprevent international cooperation.
Victims and witnesses fail or refuse to report trafficking crimes for a number of reasons.
These include lack of knowledge about the reporting process, distrust of the criminal justicesystem, fear of retaliation or punishment, language, cultural and social barriers, etc. Moreover,victims are discouraged from reporting due to the physical harm and psychological trauma
arising from the crime, including the secondary victimization that results from proceeding
through the criminal justice system. Legal and procedural obstacles, such as the failure torecognize trafficked persons as victims, the lack of legal support, etc., discourage victims andwitnesses from cooperating with authorities. The group recommended the following
countermeasures: (i) establishing multi-agency and private-sector reporting channels that
accommodate multiple languages; (ii) establishing victim/witness protection and support
programmes; (iii) creating national strategies, specialized units, and standards of operation
for combating TIP/SOM; (iv) overcoming legal challenges through the use of immunity inexchange for testimony and video recording of testimony and (v) enhancing international andinter-agency cooperation during investigations and in the provision of victim support.
Too often, the evidence collected from victims and witnesses is insufficient to prove thecase against the defendants in court. Numerous challenges related to the credibility of victim
testimony were discussed, including the cross-border nature of TIP/SOM cases, vulnerability
due to age, psychological status, fear of physical harm or reprisal, etc. At the same time, thecriminal justice system faces the challenges of improperly obtained evidence, insufficientinvestigator skill or experience, insufficient testimony from forensic experts, etc. Ultimately,
these challenges can result in false or fabricated evidence being presented in court orinsufficient evidence to obtain conviction. Accordingly, the group stressed the importance ofcorroborative evidence. Additionally, new investigative techniques and forensic examination
can provide credible and corroborative evidence, and the investigation and trial process mustbe speedy in order to avoid memory lapses of the testifying victims and witnesses. Finally,
capacity-building of investigators and prosecutors must be increased.

16Group 2
PREVENTION AND DETECTION OF TRAFFICKING IN PERSONS ANDSMUGGLING OF MIGRANTS, INCLUDING SUPPRESSION OF
RELATED CRIMES
Rapporteur: Ms. Yarania Grisel Renteria Mena (Panama)
Co-Rapporteur: Mr. Hiroki Ikeda (Japan)
Chairperson
Co-Chairperson
Members

AdviserMr. Yasuyuki Mizota
Mr. Riad Amin Mohamed Ahmed Mansour
Ms. Tupa Lituka Bibiche Lifaefi
Mr. Muhd Azlan Yusoff
Mr. Malwattage Chamath Dileepa Peeris
Mr. Fedir Oliinyk
Mr. Farrukh Turakhodjaev
Mr. Yoshinori Murone
Prof. Ryo Futagoishi
Prof. Mika Kitagawa(Japan)(Egypt)(D.R. Congo)(Malaysia)(Sri Lanka)(Ukraine)(Uzbekistan)(Japan)(UNAFEI)(UNAFEI)

Report Summary
The members of Group 2 focused on the prevention and detection of TIP/SOM, noting theimportance of prosecuting such crimes in order to suppress both supply and demand.
Specifically, group 2 addressed immigration issues including (i) entry by legal means, (ii)illegal entry across unmanaged borders, and (iii) illegal entry with fake documents.
In the case of entry by legal means, immigrants enter the country legally but then overstay
their visas. Additionally, the group identified the practice of using forged or fraudulent
documents in the visa application process. Countries should enhance inter-agency
cooperation to ensure that fraudulent visa applications are identified, and training in
TIP/SOM should be provided to relevant government officials in order to facilitate detection.
It was also pointed out that TIP victims are likely to be included among those persons whooverstay their visas. Thus, it is important to identify these victims and to obtain informationfrom them on the criminal organizations that trafficked them.
Whether a landlocked or an island nation, national borders are always challenging tocontrol. Illegal entry across unmanaged borders occurs when a person crosses a national
border without undergoing an immigration check. Such border crossings are criminalized, as
is providing assistance to those who cross. In many cases, criminal organizations facilitatesuch crossings, and a number of persons trafficked are exploited by being pressed into forced
labour or prostitution. To counter this threat, the group recommended the criminalization ofillegal hiring, the use of high-tech tools to manage borders, working with the community togather intelligence and leads, to pursue the leaders of criminal organizations (i.e., the “bigfish”) and to secure testimony through plea bargaining and grants of immunity.
Finally, illegal entry with fake documents involves entering based on fraudulent information
or by assuming the identity of another (spoofing). Thus, more effort needs to be placed onprocedures that ensure the passport holder is its true holder. Forgery has become difficult due
to the use of IC chips in passports, so bribery of immigration officers has become a common
practice. To counter corruption, the group recommended improving recordkeeping inelectronic databases to identify corrupt officials and enhancing ethics education and training.
In conclusion, the group recommended enhanced efforts in the following areas to preventand detect TIP/SOM: (i) the adoption of legislative measures to ensure the protection of
victims; (ii) strengthening of international cooperation, particularly in terms of information
sharing on visa overstays between the country of residence and the immigrant’s homecountry; (iii) law enforcement officer training and introduction of modern technologies; and(iv) public awareness campaigns in countries of origin.

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Group 3
INTERNATIONAL COOPERATION, FOCUSING ON THE DEPRIVATION OF
ILLICIT PROFITS
Rapporteur: Mr. Yustiar Nugroho (Indonesia)
Co-Rapporteur: Ms. Takako Kamata (Japan)
Chairperson
Co-Chairperson
Members

Adviser

Ms. Mithounavanh Kongmany
Mr. Julio Alberto Campines Cordoba
Mr. Julio Cesar De Castilhos Oliveira Costa
Mr. Ettien Tiemele
Mr. Ahmed Mohamed Abdelaziz Osman
Mr. Paulu Anuno
Mr. Yudai Suzuki
Prof. Junichiro Otani
Prof. Hidehito Hosokawa
Prof. Takeshi Morikawa(Lao PDR)(Panama)(Brazil)(Cote d’Ivoire)(Egypt)(Timor-Leste)(Japan)(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup 3 addressed the issue of international cooperation for the purpose of depriving
criminals of their illicit profits obtained through TIP/SOM crimes. In doing so, the groupconsidered financial investigations, informal cooperation and formal cooperation. To properly
identify, trace, freeze, seize or confiscate proceeds of crime, law enforcement agencies needto know the type, location, ownership, and transfer histories of relevant assets. However, in
conducting financial investigations, the group reported that bank secrecy is one of thechallenges to obtaining relevant financial information. To enhance the use of financial
investigation, the group encouraged states to: (i) develop more training courses for financial
analysis/investigation on TIP/SOM and (ii) improve their official websites to share more
information with other countries.
Informal cooperation is useful in financial investigations because it facilitates theexchange of information that can be used as leads and to complete investigations without
having to resort to formal requests for assistance. However, this information generally cannot
be used at trial. To enhance the use of informal cooperation, the group encouraged states to:(i) develop more cooperation frameworks with other countries, especially those with sharedor related languages; (ii) exchange information through FIUs etc.; (iii) create information
sharing networks among law enforcement officers.
Finally, formal cooperation is governed by domestic legislation, bilateral agreements, etc.
It is a time-consuming process, as diplomats act as intermediaries between the law
enforcement agencies of the requesting and the requested countries. Each country selects a“central authority” to serve as the primary point of contact for mutual legal assistance (MLA)
requests. Accordingly, it is always recommended to communicate with the requested central
authority prior to submitting the request. In order to facilitate formal cooperation, regional
associations and joint investigations have also been used. To enhance the use of formalcooperation, the group encouraged states to: (i) consider UNTOC as a legal basis for
extradition; (ii) accept MLA requests flexibly; (iii) contact counterparts in advance(exchanging MLA drafts); (iv) participating in international meetings to develop cooperation
frameworks; (v) stationing legal/police attachés abroad; (vi) preparing updated manuals on
MLA and conducting training programmes for officers on other legal systems.

18
Observation Visits

Date

Agency/Institution

Main Persons Concerned

17 MayYokohama District Court• Mr. SUGIHARA Norihiko(President)19Group Study Tours

Date

Location

Agency/Institution

Main Persons Concerned

12 Jun.

Hiroshima

Hiroshima Coast Guard• Mr. KATSUYAMA Kiyoshi(Commander)

13 Jun.

Kyoto

Kyoto Prison• Mr. FUJIOKA Takanari(Director of General Affairs
Department)

14 Jun.

Kyoto

Kyoto District Public • Ms. TANAKA Motoko
Prosecutors Office(Chief Prosecutor)

20
Special Events
15 MayWelcome Party

17 MayYokohama Dinner Cruise

The participants enjoyed a sunset cruise and dinner aboard the Marine Rouge hosted by the
ACPF Yokohama Branch.
20, 21, 22, 23 May

Japanese Conversation Classes

The overseas participants attended four Japanese conversation classes and learned practical
Japanese expressions. The sensei (teachers) were Ms. NAGATOSHI, Ms. SAYAMA, Ms.
OKAMURA and Ms. SHIMIZU from EP academy.
25 MayGrand Sumo Tournament Visit and ACPF Kisei-kai Branch Party

Following a tour of Ryogoku, including a visit to the Edo-Tokyo Museum, the participants
attended the Grand Sumo Tournament at the Ryogoku Kokugikan, Tokyo. They later enjoyed aparty hosted by the Kisei-kai Branch of the ACPF held at the Daiichi Ryogoku Hotel.
29 MayCourtesy Call to the Minister of Justice
andReception by the Vice-Minister of Justice

At the conclusion of their courtesy visit to the Minister of Justice, Mr. YAMASHITA Takashi,a reception was held for the participants by the Vice-Minister of Justice, Mr. TSUJI Hiroyuki, atthe Danwa-shitsu lounge on the 20th floor of the ministry building, overlooking Hibiya Park.
31 May

UNAFEI International Table Tennis Tournament

The UNAFEI Table Tennis Tournament was held in the auditorium. Mixed teams ofinternational participants, Japanese participants, and UNAFEI faculty and staff were formed,
and competed against each other.
19 Jun.

Farewell Party

A party was held to bid farewell to the participants.

21

Reference Materials
UNAFEI’S 172ND INTERNATIONAL TRAINING COURSE
LIST OF REFERENCE MATERIALS

1 United Nations Convention against Transnational Organized Crime

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
2 Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime

Protocol against the Smuggling of Migrants by Land, Sea and Air,
3 supplementing the United Nations Convention against Transnational
Organized Crime
4 Global Report on Trafficking in Persons 2018 (Executive Summary)

5 Global Study on Smuggling of Migrants 2018 (Executive Summary)22
Expert and Participant List
Visiting Experts
Ms. Janice Brennan

Barrister
United Kingdom

Mr. Martin Fowke

Team Leader, Normative & Policy
Human Trafficking & Migrant Smuggling Section
Division of Treaty Affairs
United Nations Office on Drugs and Crime

Mr. Severino H Gaña, Jr.

Former Senior Deputy State Prosecutor
Department of JusticeRepublic of the Philippines

Overseas Participants
Mr. Julio Cesar De Castilhos Federal Prosecutor
Office of Federal Prosecution in Espirito Santo
Oliveira COSTA
State
Federal Prosecution Service
BrazilMr. ETTIEN Tiemele

Public Prosecutor
Tribunal of Bouna
Ministry of Justice and Human Rights
Côte d'Ivoire

Ms. Tupa Lituka Bibiche LIFAEFI

Prosecutor's Assistant
Prosecutor Justice Department
Public Justice
D.R. Congo

Mr. Ahmed Mohamed Abdelaziz Chief Prosecutor
International Cooperation Division of the
OSMAN
Prosecutor General OfficePublic Prosecution
Egypt
Mr. Riad Amin Mohamed Ahmed Chief JudgeMANSOUR
Technical Bureau Office
Egyptian Court of Cassation
Egypt
Mr. Yustiar NUGROHOHead of the Organizer Division
Supreme Court Judicial Training and ResearchCentreSupreme Court
Indonesia

23
Ms. Hellen Khandasi MAFUMBO

Senior Children's Officer
Children's Services
Ministry of Labour & Social Protection
Kenya

Mr. Ulanbek KUDAIBERGENOV

Senior Specialized Intelligence Officer of High
Profile Cases, Expert of Smuggling & Trafficking
in Human Beings
Criminal Police Service, Department of
Combating Organized Crimes
Ministry of Internal Affairs
Kyrgyz Republic

Ms. Mithounavanh KONGMANY

Director, First Instance Court Judge
Department of Planning and International
Relations
People's Supreme Court
Lao PDR

Mr.
Benedicto
CHITSAKAMIRE

Benedictus Principal Resident Magistrate
Judicial Magistracy
Malawi Judiciary
MalawiMr. Muhd Azlan YUSOFF

Co-Ordinations Officer for People Smuggling
Operation
Special BranchRoyal Malaysia Police
Malaysia

Mr. Mohammed Nm ASMAR

Prosecutor
Jenin Prosecution OfficePublic Prosecution
Palestine

Mr.
Julio
CORDOBAMr. Ewai SEGI

Alberto

CAMPINES Circuit Prosecutor
Decision and Early Litigation Section in Bocas delToro
Public Ministry
PanamaSenior Investigator
Criminal Investigation Division
Royal PNG Constabulary
Papua New Guinea

Mr. Antinna Marakkala Ajith Wasantha Judicial Officer
KUMARA
Magistrate's Court of Nugegoda
Judicial Service Commission
Sri Lanka

24
Mr. Malwattage
PEERRIS

ChamathDileepa Deputy Solicitor General
Criminal Division
Attorney General's Department
Sri Lanka

Mr. Paulo ANUNO

Investigator
Criminal Investigation Unit
Anti-Corruption Commission
Timor-Leste

Mr. Fedir Vyatcheslavovich OLIINYK

Senior Detective
Main Department of Detectives
National Anti-Corruption Bureau
UkraineMr. Bobir Sobirovich TURDIEV

Senior Prosecutor
Academy of General Prosecutor's Office
Uzbekistan

Mr. Farrukh TURAKHODJAEV

JudgeCriminal Court of Mirzo Ulugbek District
Tashkent City
Uzbekistan

25

INFORMATION ABOUT FORTHCOMING PROGRAMMES1.

The 173rd International Training Course
From August to September 2019, UNAFEI will host the 173rd International Training
Course in Tokyo, Japan. The main theme of the course is “Tackling Violence against Womenand Children through Offender Treatment: Prevention of Reoffending”. Government officials
from across Southeast Asia and other parts of the world, including Japan, and visiting experts
and lecturers will attend.
2.

The 22nd UNAFEI UNCAC Training Programme
From 9 October to 15 November 2019, UNAFEI will host the 22nd UNAFEI UNCAC
Training Programme in Tokyo, Japan. The main theme of the Programme is “Detection,
Investigation, Prosecution and Adjudication of High-Profile Corruption”. Approximately 30
overseas participants and several Japanese participants will attend.
3.

The 13th Regional Seminar on Good Governance for Southeast Asian Countries
From 17 to 19 December 2019, UNAFEI will hold the Thirteenth Regional Seminar on
Good Governance in Tokyo, Japan. The main theme of the Seminar will address
anti-money-laundering measures and asset recovery. Among other participants, 20
anti-corruption practitioners from the 10 ASEAN countries are expected to attend as official
delegates.

26

ADMINISTRATIVE NEWS
Faculty and Staff Changes
Ms. WATANABE Machiko, formerly an attorney, General Affairs and Planning
Department, Research and Training Institute of the Ministry of Justice, was appointed aprofessor of UNAFEI in April 2019.
Mr. HOSOKAWA Hidehito, formerly a judge, Kumagaya Branch, Saitama Family
Court, was appointed a professor of UNAFEI in April 2019.
Mr. MORIKAWA Takeshi, a probation officer of the Tokyo Probation Office, wasappointed a professor of UNAFEI in April 2019.
Mr. YAMADA Masahiro, formerly a professor of UNAFEI, was transferred to the
Yamaguchi District Public Prosecutors Office in April 2019.
Mr. HIRANO Nozomu, formerly a professor of UNAFEI, was transferred to the
Nagoya District Court in April 2019.
Mr. OHINATA Hidenori, formerly a professor of UNAFEI, was transferred to theSecond Training Department, Research and Training Institute of the Ministry of Justice inApril 2019.
Mr. KOSEKI Takahiro, formerly an officer of the Tokyo District Prosecutors Office,
was appointed a chief of the Training and Hostel Management Affairs Section of UNAFEI in
April 2019.
Mr. ONDA Keisuke, formerly an instructor of the Kakogawa Juvenile Training School,
was appointed a senior officer of the Training and Hostel Management Affairs Section of
UNAFEI in April 2019.
Mr. KONDO Tomohiro, formerly an officer of the International Cooperation
Department, Research and Training Institute of the Ministry of Justice, was appointed aofficer of the Training and Hostel Management Affairs Section of UNAFEI in April 2019.
Ms. KIKUCHI Yoshimi, formerly a chief of the Financial Affairs Section of UNAFEI,
was transferred to the Finance Division, Minister's Secretariat, Ministry of Justice in April
2019.
Mr. KIGUCHI Ryo, formerly a senior officer of the Financial Affairs Section of
UNAFEI, was transferred to the Tokyo District Public Prosecutors Office in April 2019.
Mr. OTA Masaru, formerly an officer of the Financial Affairs Section of UNAFEI, wastransferred to the Kasamatsu Prison in April 2019.
Ms. TSUJII Yayoi, formerly an officer of the General Affairs Section of UNAFEI, wastransferred to the Kansai Airport District Immigration Office in April 2019.

27
Mr. TOYODA Yasushi, formerly a chief of the Training and Hostel Management
Affairs Section of UNAFEI, was transferred to the International Cooperation Department,
Research and Training Institute of the Ministry of Justice in April 2019.
Ms. NAGAHAMA Arisa, formerly a senior officer of the Training and Hostel
Management Affairs Section of UNAFEI, was transferred to the International Affairs
Division, Minister’s Secretariat, Ministry of Justice in April 2019.
Ms. ODA Michie, formerly an officer of the Training and Hostel Management Affairs
Section of UNAFEI, was transferred to the Tokyo High Public Prosecutors Office in April
2019.

28
FACULTY AND STAFF OF UNAFEI
Faculty:
Mr. SETO Takeshi
Ms. ISHIHARA KayoMr. OTANI Junichiro
Mr. FUTAGOISHI Ryo
Ms. WATANABE MachikoMr. HOSOKAWA Hidehito
Mr. WATANABE Hiroyuki
Ms. KITAGAWA Mika
Dr. YAMAMOTO Mana
Mr. FURUHASHI Takuya
Mr. MORIKAWA Takeshi
Mr. Thomas L. SCHMID

Director
Deputy Director
Professor
172nd Course Programming Officer
Professor
172nd Course Deputy Programming Officer
Professor
Professor
Professor
Professor
Professor
Chief of Research Division
Professor
Professor
Chief of Information and Public Relations
Linguistic Adviser

Secretariat:
Mr. FUJITA Takeshi

Chief of Secretariat

Mr. KOSEKI Takahiro

Chief of Training and Hostel Management
Affairs Section

Training and Hostel Management Affairs Section:
Ms. MATSUDA Mariko
Officer
172nd Course Assistant Programming Officer
Mr. ONDA Keisuke
Senior Officer
172nd Course Assistant Programming Officer
Mr. SAITO Masato
Senior Officer
Mr. KONDO Tomohiro
OfficerMs. IINUMA Hazuki
OfficerInternational Research Affairs Section:
Ms. IWAKATA Naoko
Librarian
Secretarial Staff:
Ms. YAMADA Hisayo

Officer29
Kitchen:Ms. ODAGIRI Maki

Chef

JICA Coordinators for the 172nd International Training Course:
Ms. KITA Chizuko
JICA
Ms. MINASE Kaoru
JICA

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