ISSN 1020-914X

UNAFEI

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

No. 113
Feb 2004

Established1961
IN THIS ISSUE
Page

LETTER FROM THE DIRECTOR…………………………………………………………………………… 1
THE 126TH INTERNATIONAL SENIOR SEMINAR……………………………………………………… 3
ECONOMIC CRIME IN A GLOBALIZING SOCIETY ~ ITS IMPACT ON THE SOUNDDEVELOPMENT OF THE STATE
Seminar Rationale…………………………………………………………………………………… 3
Seminar Summary…………………………………………………………………………………… 7
Lecture Topics………………………………………………………………………………………… 8
Individual Presentation Topics………………………………………………………………………10
Group Workshop Sessions……………………………………………………………………………12
Observation Visits……………………………………………………………………………………16
Group Study Tour……………………………………………………………………………………17
Special Events…………………………………………………………………………………………18
Reference Materials Distributed………………………………………………………………………20Experts and Participants List…………………………………………………………………………21
FOURTH SPECIAL SEMINAR FOR KENYA ON JUVENILE DELINQUENT TREATMENT SYSTEMS…. 24
SIXTH SPECIAL TRAINING COURSE ON CORRUPTION CONTROL IN CRIMINAL JUSTICE…………. 25
INFORMATION ABOUT FORTHCOMING PROGRAMMES…………………………………………… 27
Ninth Special Seminar for Senior Criminal Justice Officials of the People's Republic ofChina………………………………………………………………………………………… 27
Third Seminar on the Judicial System for Tajikistan…………………………………...… 27
The 127th International Training Course…………………………………………………… 27
ADMINISTRATIVE NEWS………………………………………………………………………………… 32
Overseas Trips by Staff……………………………………………………………………………… 32
FACULTY & STAFF OF UNAFEI…………………………………………………………………………… 33

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 126th International
Senior Seminar on “Economic Crime in a Globalizing Society ~ Its Impact on the Sound
Development of the State” which took place from 13 January to 12 February 2004. In thisSeminar we welcomed 15 overseas participants: 8 from Asia, 4 from Africa, 1 from the
Caribbean, 1 from Oceania, and 1 from South America; and 6 Japanese participants. They
included police, public prosecutors, judges, state counselors, planning experts, a probation officer,
a correctional officer, and other high-ranking public officials. As this newsletter demonstrates,
the Seminar was extremely productive. It consisted of individual presentations, group workshop
sessions, visits to relevant criminal justice agencies, and lectures by visiting experts, faculty
members and ad hoc lecturers.
During the Seminar the participants diligently and comprehensively examined the current
situation and problems of serious economic crime. While participating in workshop sessions they
focused their attention on effective countermeasures to combat economic crime, including:preventive measures, such as public awareness, good governance and independent monitoring oforganizations; the establishment of an effective legal system, including criminal andadministrative sanctions; and the effective investigation and trial of these offences, including theestablishment of agencies consisting of experts and immunity for whistleblowers. Throughworking together the participants were able to share information on the common problems they
all faced and come up with solutions that were appropriate for the circumstances of their
particular country.
Many countries have promoted free trade as a way to ensure their sound economic
development; this has led to rapid economic globalization. Unfortunately this has also led to anincrease in global economic crime too. Economic crimes which range from conventional types,
such as embezzlement and corruption, to new types such as market manipulation and computer
crime, are becoming more complicated and diversified and therefore more difficult to combat.
The growth of communications technology in the last decade has further ignited the problem.
Economic crime not only effects individuals but also has a very detrimental effect on a country’s
economy: among other things it reduces investor confidence, leading to less capital investment
and distorts market forces.
The United Nations has regarded the prevention of crime as a crucial factor for theestablishment of international economic order since its 7th Congress in 1985. At the commissions
on crime prevention and criminal justice in the 1990’s it granted priority to economic crime, as
well as the related problems of transnational crime, organized crime and money laundering. As
part of its continuing mission to challenge economic crime the 11th Congress on Crime
Prevention and Criminal Justice, to be held in Thailand (Bangkok) in 2005, includes the agenda
item “Economic and Financial Crimes: Challenges to Sustainable Development”. In recognitionof this UNAFEI (as a United Nations regional institute) decided to focus on economic crime forthis 126th International Senior Seminar.
I would like to offer my sincere congratulations to all the participants upon theirsuccessful completion of the Seminar, made possible by their strenuous efforts. My heartfelt
gratitude goes to the visiting experts and ad hoc lecturers who contributed a great deal to the2Seminar’s success. Furthermore, I appreciate the indispensable assistance and cooperation
extended to UNAFEI by 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 Seminar. 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 Seminar.
Upon returning to their home countries, 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 nation’s criminal justice systems, and to the benefit of theinternational society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 126th
International Senior Seminar. I hope that the experience they gained during the Seminar 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.

February 2004

Kunihiko Sakai
Director, UNAFEI

3

THE 126TH INTERNATIONAL SENIOR SEMINAR“ECONOMIC CRIME IN A GLOBALIZING SOCIETY ~ ITS IMPACT ON
THE SOUND DEVELOPMENT OF THE STATE”
Seminar Rational

Sustainable economic development is an indispensable and critical factor for theprosperity of the state and pursuit of human well-being. In the last 15 years or so, politicaldemocratization has infiltrated society throughout the world, and most countries have introducedor further promoted a market economy. Despite the recent depression in the global economy,
many countries have tried to reform their socio-economic structure and promote free trademechanisms to ensure their sound economic development. As a result, the world economy has
globalized rapidly. Although the level of economic development varies from county to country,
every country aims to protect its national property as well as encourage sound transactions inorder to achieve sustainable economic development. However, with economic globalization,
economic crimes have also been globalized, and its modus operandi has become more
complicated and sophisticated. This has resulted in difficulties in their detection andinvestigation.
Economic crimes not only harm individuals, but also sometimes causes great loss topublic property, and it results in damaging investors’ confidence in doing business there and maylead them to invest elsewhere. Thus economic crimes may ultimately undermine the fundamental
basis for the sound socio-economic development in each country. Therefore, every country must
recognize the importance of fighting economic crime and consider how they can enhance
effective countermeasures.
The United Nations has regarded the prevention of crime as a crucial factor for theestablishment of international economic order since its 7th Congress in 1985. It has also granted
priority to tackling economic crime as well as transnational crime, organized crime and money
laundering at the Commissions on Crime Prevention and Criminal Justice in the 1990s. At the10th Congress in 2000, reaffirming that the choice of preventive measures against crime may
often vary depending on the stage of each country’s development, a new strategy for combating
the increase in crime was discussed under the topic “Effective Crime Prevention: Keeping Pacewith New Developments” under the main theme “Crime and Justice: Meeting the Challenges ofthe 21st Century”. The 11th Congress will be held in Thailand (Bangkok) in 2005 and theprovisional agenda item “Economic and Financial Crimes: Challenges to Sustainable
Development” and a provisional workshop “Measures to Combat Economic Crime, Including
Money-Laundering” have been approved.
In addition to the transformation of the socio-economic structure, the recent rapid
development in communications technology and transportation have further promoted
globalization and diversification of activities in the economic field, which are mostly
business/financial transactions, and have increased in quantity tremendously. We can see a
myriad of transnational economic activities all over the world. In accordance with suchphenomena, economic crimes have globalized, the modus operandi of such crimes has become
more advanced, and their scale has been increasing. In the last several years, this trend has been
accelerated by the quick proliferation of computers, a rapid increase in the number of customers

4for Internet services and the expansion of a credit-card society. Crimes committed by using theInternet as a tool easily transcend national borders and prevail all over the world by their very
nature. This makes the investigation of such transnational economic crimes more difficult. Thus,
as economic crimes in a globalizing society do not stay in one country but prevail across national
borders, they present a menace to international society and hamper the sound development of theworld economy. Recognizing such hazards, we have to increase international cooperation to takeeffective countermeasures against economic crimes.
One of the remarkable characteristics of economic crimes in a globalizing society is thatthe crimes are well-organized. With globalization, economic crimes are being committed on alarger scale, are more complex, and tend to be committed by well-organized groups. This is oneof the factors that makes the prevention and investigation of such crimes tougher. Corporate
crime is a typical economic crime committed in a well-organized manner. Corporate related
economic crimes usually cause larger-scale damage and have a terrible effect on the economy.
We must also not forget the involvement of organized criminal groups in economic crimes.
Criminal groups are involved in not only illegal activities such as drug trafficking, smuggling of
persons and firearms trafficking, but also the management of companies by disguising legaltransactions for illicit proceeds. The United Nations adopted the “Convention against
Transnational Organized Crime” and its protocols concerning trafficking in firearms, trafficking
in persons and smuggling of migrants, and requires states to take appropriate steps to combat
organized crime. Economic crimes committed in a well-organized manner greatly affect society
and effective countermeasures should be taken expeditiously.
Furthermore, we cannot ignore corruption as one of the economic crimes having a great
impact on the national economy. Corruption is a crime itself, as well as a catalyst that promotes
other types of economic crimes and also often aids in concealing them. Moreover, corruption
undermines the sound development of a market economy as it interrupts fair economic
competition. In this regard, the Organization for Economic Cooperation and Development(OECD) adopted the “Convention on Combating Bribery of Foreign Public Officials inInternational Business Transactions” in 1997 in order to protect international business
transactions. Corruption conducted by high-ranking public officials has especially serious
consequences. That is, such officials line their own pockets with public funds which should be
used for the people’s healthcare services, education and the social infrastructure of the country,etc.
Economic crimes in this globalizing society range from conventional types such as
embezzlement and breach of trust to new types such as collusive bidding, cartels, insider trading,market manipulation, financial crime and computer crime which are increasingly getting morediversified, complicated and sophisticated. These new types of economic crimes havecharacteristics such that the victims and/or the damage cannot be identified nor measured, but thisdoes not mean that the damage is not serious. Because the damage caused by such new types of
economic crime may harm consumers in general, and may deprive the country of investors’
confidence and the ability to compete.
Although we will not focus on the money laundering issue in this Seminar, we have to
pay considerable attention to the illegal proceeds gained by economic crimes which are launderedin various forms to secure the perpetrator’s illegal earnings. According to a survey conducted by
the United Nations and other organizations, it is estimated that approximately 500 billion to 1
trillion U.S. dollars of illegal proceeds are laundered every year. The United Nations Convention
against Transnational Organized Crime requires state parties to extend the predicate offences for5moneylaundering from drug offences to other serious offences, including economic crimes.
It is said that “prevention” is second to none in combating crime; therefore all of us need
to be well equipped with the appropriate preventive measures to combat economic crimes. It isvery important for every sector such as the government, corporations and business to establish alegal and/or organizational system of “good governance” including integrity, transparency, equity
and accountability, as well as to apply and implement such laws appropriately. It is also
considered effective to establish independent monitoring organizations and/or an ombudsmen
system in order to secure good governance.
In the criminal justice field, firstly, from the perspective of substantive law, we have to
identify and criminalize new types of economic crimes, which cannot be dealt with by traditional
criminal law. Thus, for example, crimes related to “bonds” or “securities”, need to becriminalized as the market economy evolves and economic crimes diversify. We have tocarefully consider meaningful sanctions, including alternative administrative measures because
criminal punishment alone has a limited effect on offenders or offending corporations as far as
corporate crimes are concerned.
Appropriate legal measures and resources should be allocated to law enforcement
agencies in order to investigate, prosecute and pursue trials relating to serious economic crimes
and money laundering effectively. As for law enforcement agencies, for the purpose of tacklingcomplicated economic crimes, experts in the field of financial transactions and/or computer
technology, for example, should be invited to join the investigations or a special investigative
unit or agency consisting of experts should be established. Without such expertise, it might bedifficult for the investigators to deal with complicated economic crimes. Since influential
politicians, high-ranking public officials, financiers and businessmen may be sometimes deeply
involved in economic crimes, the independence of the investigative agencies for economic crimeshould be secured so as not to be influenced by them. As for the investigative method, new typesof investigative techniques such as interception of communication and undercover operations aswell as traditional techniques should be fully utilized to detect clandestine activities. Moreover, asystem of utilizing whistle-blowers and/or immunity could be set up so as to gather informationand evidence. Especially in the investigation of economic crimes, transaction records of financial
institutions play a critical role in proving guilt; therefore it is necessary for each country toestablish enforceable measures to collect such evidence and not to be hampered by bank secrecy
laws. To show that economic crimes do not pay, an appropriate legal framework for theforfeiture and confiscation of illegal proceeds should be established and thoroughly enforced.
The cooperation and exchange of information amongst all sectors such as investigative
agencies, administrative organizations and private enterprises are also indispensable in carryingout the effective investigation of economic crimes. Such cooperation and information exchange
should be conducted both at a national and international level.
At the trial stage, securing testimony is a big concern especially in cases where economic
crimes are committed by well-organized groups and the witnesses themselves are involved in thecase. In such cases, witnesses tend to refuse to testify due to fear of punishment and/or retaliationby the offender.
In consideration of the above, UNAFEI which is a regional training institute for theprevention of crime and the treatment offenders of the United Nations is holding the 126th Senior
Seminar focusing on serious economic crimes in the 21st century.

6

Giving due consideration to the above mentioned rationale, this Seminar focuses onserious economic crime in a globalizing society, and intends to contribute to the socio-economic
development of every participating country. We will explore more effective countermeasuresagainst serious economic crimes by discussing practical examples which the participants will
provide.
In the discussions at this Seminar, focus will be placed on the following elements:
1.
2.

Current situation and problems of serious economic crimes
Effective countermeasures(a) Effective preventive measures(b) Effective legal system (substantive laws, procedural laws, law enforcement
agencies, etc.)(c) Effective investigation and trial.

7

Seminar Summary
Lectures
In total, 9 lectures were presented by visiting experts, 5 by ad hoc lecturers and one byProfessor Muira of UNAFEI. Four distinguished criminal justice practitioners and scholars fromabroad served as UNAFEI visiting experts. They lectured on issues relating to the main theme,
and contributed significantly to the Seminar by encouraging discussions after their own lectures,
participating in the discussions of other programmes, and conversing with the participants on
informal occasions. Additionally, distinguished senior officials of the Government of Japan
delivered ad hoc lectures. The lecturers and lecture topics are listed on pages 8 and 9.
Individual Presentations
During the first week, each Japanese and overseas participant delivered a 50 minuteindividual presentation, which introduced the actual situation, problems and future prospects of
his/her country. These papers were compiled onto a CD Rom and distributed to all theparticipants. The titles of these individual presentation papers are listed on pages 10 and 11.
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 subtopics, based on their response to a questionnaire previously distributed.
Selected participants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, andfaculty members served as advisers. Each group’s primary responsibility was to explore anddevelop 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 room. These
reports were subsequently presented in the plenary meetings and report-back session, where they
were endorsed as the reports of the Seminar. Very brief summaries of the Group Workshop
reports are provided on pages 13 through 15.
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 Seminar’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 to pages
16 through 19.

8Lecture Topics
Visiting Experts' Lectures
1)

Mr. Parmajit Singh• Economic Crime: Emerging Threats and Responses-Singapore’s Experience, Part I• Economic Crime: Emerging Threats and Responses-Singapore’s Experience, Part II

2)

Dr. Deepa Metha• Economic Crime in a Globalizing Society: Its Impact on the Sound Development of theState• Tackling Corruption: An Indian Perspective

3)

Mr. Peter Kiernan• The Role and Responsibilities of the Serious Fraud Office in Fighting Fraud within the
United Kingdom• Fraud Investigation and Prosecution in the United Kingdom• Learning from the Past: Practical Lessons from UK Cases

4)

Mr. Dimitri Vlassis• The United Nations Convention against Corruption: Overview of its Contents and Future
Action• The United Nations Convention against Corruption: Origins and Negotiation Process

Professor’s Lecture
1)

Mr. Toru Miura, Professor, UNAFEI• The Criminal Justice System in Japan: Investigation, Prosecution and Trial

9

Ad Hoc Lectures
1)

Mr. Katsuhiko Hama
Attorney, Civil Affairs Bureau, Ministry of Justice, Japan• Improvement of Corporate Governance in Japan- The Amendment of Corporate Laws, etc.

2)

Mr. Katsutaka Tomioka
Deputy Director, Consumer and Environmental Protection Division, Community Safety
Bureau, National Police Agency, Japan• Consumer Fraud

3)

Mr. Kensaku Iuchi
Director, Special Investigations Department, Tokyo District Public Prosecutors Office,Japan• Organization of the Special Investigations Department of the Tokyo District Public
Prosecutors Office and Serious Economic Crime Dealt with by this Department

4)

Mr. Nobuo Gohara
Deputy Director, Tokyo District Public Prosecutors Office, Hachioji Branch, Japan• Strengthening Japan’s Antitrust Sanctions Regime

5)

Mr. Toshihide Endo
Director, Enforcement Division, Securities and Exchange Surveillance Commission, Japan• An Overview of SESC Enforcement

10

Individual Presentation Topics
Overseas Participants1)

Ms. Prudence Tangham Dohgansin (Cameroon)• Economic Crime in Cameroon: Its Impact on the Sound Development of the State

2)

Mr. Hesham Mostafa Abd El kader Abo Salem (Egypt)• Economic Crimes

3)

Mr. Bright Oduro (Ghana)• Country Report

4)

Mr. Suharto (Indonesia)• Country Report

5)

Mr. Kongchi Yangchue (Laos)• Economic Crime in Lao PDR

6)

Mr. Amarsaikhan Delegchoimbol (Mongolia)• Economic Crime Situation in Mongolia, Measures Taken for their Prevention and Detection

7)

Mr. Dilli Raman Acharya (Nepal)• Country Report

8)

Mr. Simon Kauba (Papua New Guinea)• The Economic Crime Situation in Papua New Guinea

9)

Mr. Isidro Castillo Perez jr. (Phillipines)• Graft and Corruption in the Philippines: The Most Serious Economic Crime

10)

Mr. Ian Montclair Queeley (Saint Christopher and Nevis)• Country Report

11)

Ms. Ayesha Jinsena (Sri Lanka)• Country Report

12)

Mr. Sutthi Sookying (Thailand)• Department of Special Investigation (DSI): A Newly Established Agency for Fighting
Economic Crimes and other Special Crimes in Thailand

13)

Mr. Hasan Dursun (Turkey)• Economic Crime and its Impact on the Sustainable Development of Turkey

14)

Mr. Luis Celestino Garcia Figueroa (Venezuela)• Economic and Financial Problems in Venezuela

11

15)

Mr. Samson Mangoma (Zimbabwe)• Country ReportJapanese Participants
16)

Mr.Keiji Uchimura (Japan)• Third Party Responsibility for Crime Control- Telecoms and Financial Policing

17)

Mr.Yutaka Oya (Japan)• Community-Based Treatment of Offenders and Economic Crime in Japan, Focusing on
Underground Banks and Countermeasures against Them

18)

Mr.Yuji Saito (Japan)• Correctional Education in Japanese Prisons and Juvenile Training Schools

19)

Mr.Tsutomu Sunada (Japan)• Police Efforts in Response to the Information Age

20)

Mr. Tomoyuki Mizuno (Japan)• The Situation and Problems of Criminal Justice Regarding Economic Crimes in Japan

21)

Mr. Daisuke Moriyama (Japan)• Practical Examples of the Investigation against Serious Economic Crimes

12Group Workshop Sessions

The 126th Senior Seminar was divided into three group workshops. Each group was given
the same topics to be discussed as below. All the groups, consisting of 6 countries, wererequested to summarize the current situation and the problems of serious economic crime in theparticipating countries (I), and each group was requested to select at least one topic from thefollowing (II, III and IV) to be discussed in its group workshop.
I. The Current Situation and the Problems of Serious Economic Crime in Participating Countries
II. Problems and Countermeasures in Regard to the Investigation and Trial of Economic Crime
A. The Investigative Apparatus
B. Collection of Information in Order to Initiate the Investigations
C. Collection of Evidence and Securing an Appropriate Adjudication
III. Prevention of Economic Crime
A. Regulations of Economic Activities
B. Corporate Governance
C. Establishment and Implementation of a Corporate “Compliance Programme”
D. Establishment of a System to Monitor Economic Activities
E. Public Awareness and Others
IV. Strengthening the Legal Framework and Countermeasures of Economic Crime
A. Criminalization of New Types of Harmful Economic Activities
B. Ratification and utilization of International Standards such as UN Conventions
C. Corporate Sanctions
D. Review of the Criminal Procedure and/or Evidential Law
E. Recovery of Damage

13

The following section very briefly summarizes the group workshop session reports. The
full reports will be included in the UNAFEI Resource Material Series.
Group 1ECONOMIC CRIME IN A GLOBALIZING SOCIETY ~ ITS IMPACT ON THE SOUNDDEVELOPMENT OF THE STATE

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Ms. Prudence Tangham Dohgansin
Mr. Kongchi Yangchue
Mr. Bright Oduro
Mr. Tsutomu Sunada
Mr. Hesham Mostafa Abd El kader Abo
SalemMr. Suharto
Mr. Tomoyuki Mizuno(Cameroon)(Laos)(Ghana)(Japan)(Egypt)Prof. Sue Takasu
Prof. Keisuke Senta
Prof. Kei Someda(UNAFEI)(UNAFEI)(UNAFEI)(Indonesia)(Japan)Report Summary
The Group concentrated its efforts on the investigation apparatus and collection ofevidence to secure an appropriate adjudication.
In regard to the investigative apparatus the group acknowledged that many countries had
established special investigative bodies to deal with serious economic crime, however they were
hampered by a lack of independence and expertise and inadequate resources.
In regard to the collection of evidence and securing an appropriate adjudication the group
looked at: search and seizure; banking transactions and confidentiality; securing and protecting
witnesses; and the questioning of suspects.
Group 1 then turned their attention to public awareness as a preventive tool and studied
the measures to boost public awareness. They then looked at strengthening the legal framework,
focusing on criminalizing new types of harmful economic activities and recovery of damage.
Group 1 concluded by looking at countermeasures to economic crime and made thefollowing recommendations: empower criminal courts to make compensation orders; keep civil
and criminal actions separate and allow consolidation in cases in which the criminal procedure
was favourable; establish a legal support system; ratify existing international instruments relevant
to recovery of damages; and empower the courts to make provisional execution of damages
orders.

14Group 2
PROBLEMS AND COUNTERMEASURES IN REGARD TO THE INVESTIGATION
AND TRIAL OF ECONOMIC CRIME
Chairperson
Co-Chairperson

Mr. Daisuke Moriyama
Mr. Simon Kauba

Rapporteur

Mr. Ian Montclair Queeley

Co-Rapporteur
Members

Mr. Dilli Raman Acharya
Mr. Amarsaikhan Delegchoimbol
Mr. Isidro Castillo Perez Jr.
Mr. Yuji Saito(Japan)(Papua New
Guinea)(St.Christopher& Nevis)(Nepal)(Mongolia)(Philippines)(Japan)Advisers

Prof. Yasuhiro Tanabe
Prof. Kenji Teramura
Prof. Tamaki Yokochi(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup 2 began by each participant discussing the problems with the investigative
apparatus in their own country. The investigative apparatus was chosen because it wasrecognized as being an integral part of the mechanism required to initiate meaningful changes incombating economic crime. Although each group participant’s country suffered from a variety of
economic crimes it became clear that corruption was the most prevalent.
The Group discovered that in the case of Mongolia and Papua New Guinea the police are
the sole investigative body; the remaining countries all had separate and specialized agencies.
From their discussions it was apparent that common problems existed within each country.
They then identified each of these problems and suggested practical countermeasures. The
problems included: a lack of skilled manpower; lack of financial and physical resources;
insufficient coordination between enforcement agencies; lack of an effective management audit
system; and a lack of substantial legislation on economic crimes.
The Group went on to look at the prevention of economic crime concentrating on theregulation of economic activities (and the enforcement of such regulations) and public awareness.
They then looked at strengthening the legal framework and countermeasures of economic crime
focusing on: asset recovery; international cooperation, including multilateral agreements,
conventions and extradition agreements; obstruction of justice, including witness protection
programmes; and countermeasures, such as the ratification of the UN convention against
corruption.
Group 2 concluded by recommending that all countries should eventually have a separate
and independent agency for fighting serious economic crime and acknowledged the need for
greater international cooperation, which they believed would be achieved through greater publicawareness.

15

Group 3
ECONOMIC CRIME IN A GLOBALIZING SOCIETY ~ ITS IMPACT ON THE SOUNDDEVELOPMENT OF THE STATE
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Sutthi Sookying
Mr. Samson Mangoma
Ms. Ayesha Jinasena
Mr. Keiji Uchimura
Mr. Hasan Dursun
Mr. Luis Celestino Garcia Figueroa
Mr. Yutaka Oya(Thailand)(Zimbabwe)(Sri Lanka)(Japan)(Turkey)(Venezuela)(Japan)Advisers

Deputy Director Tomoko Akane
Prof. Toru Miura
Prof. Hiroyuki Shinkai(UNAFEI)(UNAFEI)(UNAFEI)

Report SummaryGroup 3 chose to look at the problems and countermeasures at the Investigative stage. It
became evident to the group that among other things, a lack of expertise and a lack of cooperation
among law enforcement agencies had impeded the successful investigation of such crime. A lackof liaison between departments had also led to duplication of efforts. To combat these problems
they suggested: the establishment of an effective investigative body; the use of experts; special
training for law enforcement personnel; improving the methods of collecting information and theprotection of whistle blowers.
The Group then went on to look at the prevention of economic crime, focusing on publicawareness. Numerous surveys had revealed that the victimization of the public was due toignorance. From this the Group concluded that it was imperative that public awareness be
improved. Recognizing that this could not be achieved overnight they proposed that a campaign
be launched which would include the following: information gathering; dissemination of
information; cooperation with law enforcement agencies; the establishment of a “Third Eye” (anindependent body to monitor the public affairs handled by government officials); and education
campaigns.
Group 3 observed that victims of economic crime were naturally most concerned withwhether they would be able to recover their lost assets. It was therefore necessary to strengthen
the legal framework for the recovery of damage. Subject to the individual State’s circumstances
the Group proposed the following solutions: encouraging reconciliation and settlements that
could be recorded in court; evidence and findings of criminal courts be adopted in civil court;
encouragement of law enforcement personnel to concentrate on the seizure of property; and theintroduction of a legal aid system.

16

Observation Visits

Date

Agency/Institution

Main Persons Concerned

Jan 21

Tokyo District Public
Prosecutors Office• Mr. Akio Harada
Prosecutor-General

Jan 21

Ministry of Justice• Mr. Daizou Nozawa
Minister of Justice

Jan 23

Supreme Court• Mr. Tatsuo Kainaka
JusticeJan 23

Tokyo District Court• Mr. Osamu Ikeda
Deputy Chief Judge of the Tokyo
District Court, Criminal Division.

17Group Study Tour

Date

Location

Agency/Institution

Main Persons ConcernedFeb
2nd4th

Sapporo,Hokkaido• Sapporo Prison• Mr. Naobumi Sugita,
Warden• Shimei Juvenile Training
School for Girls• Mr. Toru Okouchi,
Superintendent

18

Special Events

Jan 13
Jan 10 to Jan 27

Welcome Party

Japanese Conversation Classes

The overseas participants attended 5 Japanese conversation classes provided by JICA.
They learned practical Japanese expressions. The Sensei (teachers) were Ms. Mari Kawakami
and Ms. Mieko Terao. Iroiro Arigato Gozaimashita.
Jan 16

Bowling Tournament

The participants enjoyed an evening of bowling at the Fuchu bowling centre.
Afterwards there was a small party held at UNAFEI.
Jan 17

Tour to Akihabara

The participants spent an afternoon touring the famous Akihabara “Electric Town”.
Jan 21

Courtesy Visit to the Ministry of Justice andReception by the Vice-Minister of Justice

After visiting the Ministry of Justice, a reception was held by the Vice-Minister ofJustice, Mr. Keiichi Tadaki at the Lawyers Club, Tokyo.
Jan 24

Japanese Nabe (Hot Pot Party)

The participants enjoyed a traditional Nabe (hot-pot) party at UNAFEI.
Jan 26

ACPF Nangoku-Kai Party

The ACPF hosted a very memorable party, with a magic show, for the participants at
the Pacific Hotel, Tokyo.
Jan 28

Table Tennis Tournament

The participants and staff held an exciting table tennis tournament followed by a prize
giving ceremony and a small party.

19

Jan 30Public Lecture Programme

The Public Lecture Programme is conducted annually to increase social awareness ofcriminal justice issues through comparative international study. The Programme sponsoredby the Asia Crime Prevention Foundation (ACPF), the Japan Criminal Policy Society(JCPS) and UNAFEI, was held in the Grand Hall of the Ministry of Justice and was attended
by distinguished guests, UNAFEI alumni and the participants of the 126th International
Seminar.
This year, Mr. Peter Kiernan (Assistant Director, Serious Fraud Office, London) and
Dr. Deepa Mehta, Inspector General of Police, Delhi Metro Rail Corporation) were invitedas speakers to the programme. They presented papers on “The Role and Responsibilities of
the Serious Fraud Office in Fighting Fraud within the United Kingdom” and “Tackling
Corruption: An Indian Perspective”, respectively.
Jan 30

UNAFEI Alumni Reception

The UNAFEI Alumni Association held an enjoyable reception for the participants at
the Lawyers Club.
Jan 31

Tour to Lake Kawaguchi

The participants visited Oshino Hakkai, Narusawa Icicle Lava Cave and Oishi park
where they were able to enjoy magnificent views of Mount Fuji over Lake Kawaguchi.
Feb 2~4

Hokkaido Study TourIn addition to the observation visits, the participants were able to enjoy trips to the
Sapporo TV Tower, the Sapporo Brewery and lake Shikotsu for the Ice Statue Festival. The
participants also visited Odori Park where they enjoyed the exhibits of the Snow Festival.
On the 3rd of February the ACPF Sapporo branch held an enjoyable party for theparticipants.
Feb 9

Koto Music Concert

The Ensemble 21st Century, a traditional Japanese Music group, presented a Koto and
Shakuhachi concert for the participants at UNAFEI. The participants were also given an
opportunity to play the instruments themselves.
Feb 10Suntory Brewery Visit

The participants visited the Suntory Brewery where they were given a guided tour ofthe factory. Afterwards the Tokyo Fuchu Rotary Club hosted a very enjoyable party.
Feb 12

Farewell Party

20

Reference Materials Distributed

No.

Title

Author, Edition, etc
Reseach & Training Institute
MOJ in Japan

1

White Paper On Crime 2000 (Japan)

2

Economic Crime (Council of Europe)3

Discussion Guide for the 11th UN Congress (UN General Assembly)

4. 1

Swedish National Economic Crimes Bureau Combating Economic Crime

4. 2

ＡNew Concept ForFighting Economic Crime (Sweden)

5. 1

The Negotiation of a Convention against Corruption (UN General Assembly)

UN

5. 2

HP of the Convention against Corruption

UN

5. 3

Signatories of the Convention against Corruption

UN

5. 4

Resolution 55/61 (UN General Assembly)

UN

5. 5

Resolution 56/260 (UN General Assembly)

UN

5. 6

Resolution 57/169 (UN General Assembly)

UN

5. 7

Revised draft United Nations Convention against Corruption(UN General Assembly)

UN

6

Convention on Combating Bribery of Foreign Public Officials in International BusinessTransactions

OECD

7

United Nations Convention against Transnational Organized Crime

Council of Europe 1981
UN
Swedish National Economic Crimes
BureauMr. Håkan Öberg

UN
Dr.G.R.Gordon
Mr.N. A.Willox, Jr.

8

Identity Fraud: A Critical National and Global Threat

9

The Growing Global Threat of Economic and Cyber Crime

10

Measures to Combat Economic Crime, Including Money Laundering(UNAFEI Brainstorming Session)

Bronwyn Someville Consultant, APG
Secretariat

11

Measures to Combat Economic Crime, including Money Laundering(UNAFEI Brainstorming Session)

R. G. Smith
Australian Inst. Criminology

12

Economic Crime and its Impact on the Sound Economic Development of Japan

Prof. S.Takasu (UNAFEI)

13

Corporate Governance in the Asia/Pacific Region 18th Biennial Conference of LAWASIA
2003 In conjunction with the 10th Conference of the Chief Juctices of Asia and thePacific

14

Financial Crime : Emerging Challenges in Contemporary Society (Korea)

15

The Forty recommendations. Financial Action Task Force16

Serious Fraud In Australia and New ZealandAustralian Inst. of Criminology

17

Controlling Fraud on the Internet: A CAPA Perspective

Australian Inst. of Criminology

18

Recent Trends of Economic Crime In Europe

19Counting the Costs of Crime in Australia

P. Mayhew
Australian Inst.of Criminology

20Counting the Costs of Crime in Australia: Technical Report

P. Mayhew
Australian Inst. of Criminology

21White-collar Crime

R.G. Smith
Australian Inst. of Criminology

22

Convention on Cybercrime23

The Role of Ombudsman and its connection with the Control of Corruption

The Nat. Fraud Center, Inc

Choi, Insub
Korean Inst.of Criminology

Ernesto U. Savona

Anand SatyanandPages, etc.
P.6 251-62

21

Experts and Participants List

Visiting Experts
Mr. Parmajit Singh

Assistant Director,
Commercial Affairs Department,
Singapore Police Force,
Singapore

Dr. Deepa Mehta

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

Mr. Peter Kiernan

Assistant Director,
Serious Fraud Office,London,United Kingdom

Mr. Dimitri Vlassis

Officer-in-Charge,
Crime Conventions Section,
United Nations Office on Drugs andCrime,
ViennaOverseas Participants
Ms. Prudence Tangham Dohgansin

Deputy Attorney General,
Legal Department of the Court of Appeal
for the Centre Province,
Ministry of Justice,
Cameroon

Mr. Hesham Mostafa Abd El kader Abo
Salem

Judge,
Primary Court of Mansoura,
Ministry of Justice,
Egypt

Mr. Bright Oduro

Accra Regional Crime Officer,
Criminal Investigations Department,
Ghana Police Service,
Ghana

Mr. Suharto

Chief of Planning and Administration
Bureau,CID Police Headquarters,
Indonesia

22
Mr. Kongchi Yangchue

Judge, Head of Criminal Chamber,
The People's Supreme Court,
Laos

Mr. Amarsaikhan Delegchoimbol

Section Chief,
Criminal Police Division For Combating
Corruption and Economic Crime,
National Police Agency,
Mongolia

Mr. Dilli Raman Acharya

Joint-Attorney,
Office of the Attorney General,
Nepal

Mr. Simon Kauba

Metropolitan Superintendent,
Lae Metropolitan Police Command,
Papua New Guinea

Mr. Isidro Castillo Perez Jr.

Deputy Chief/Director, Inspectorate andLegal Office,Philippine Public Safety College,
Philippines

Mr. Ian Montclair Queeley

Inspector of Police,
Police Headquarters,
Saint Christopher and Nevis

Ms. Ayesha Jinasena

State Counsel,
Attorney General's Department,
Sri Lanka

Mr. Sutthi Sookying

Acting Director of Financial andBanking Crime,
Department of Special Investigation,
Ministry of Justice,
ThailandMr. Hasan Dursun

Planning Expert,
Prime Ministry State Planning
Organisation,
TurkeyMr. Luis Celestino García Figueroa

Chief Inspector,
Chief of the Detector Dog Section,
Metropolitan Police,
Venezuela

23
Mr. Samson Mangoma

Deputy Officer Commanding,
C.I.D. Serious Fraud Squad,
Department of Zimbabwe Republic Police,
Zimbabwe

Japanese Participants
Mr. Keiji Uchimura

Professor of Applied Technology,
Police Info-Communications Academy,
National Police Agency,Japan

Mr. Yutaka Oya

Chief of General Affairs Division,
Tokyo Probation Office,Japan

Mr. Yuji Saito

Deputy Superintendent,
Aiko Juvenile Training School for Girls,
Japan

Mr. Tsutomu Sunada

Deputy Director,
Info-Communications Planning Division,
Info-Communications Bureau,
National Police Agency,Japan

Mr. Tomoyuki Mizuno

Judge/Professor,
Legal Training and Research Institute,Japan

Mr. Daisuke Moriyama

Public Prosecutor,
Special Investigation Department,
Tokyo District Public Prosecutors Office,
Japan

24

FOURTH SPECIAL SEMINAR FOR KENYA ONJUVENILE DELINQUENT TREATMENT SYSTEMSUNAFEI held the Fourth Special Seminar for Kenyan criminal justice officials who are
working for the prevention of delinquency and the treatment of juvenile delinquents in their country.
The Seminar, entitled “Juvenile Delinquent Treatment Systems”, was held from 4 November to 28
November 2003. The Seminar exposed Kenyan officials to the workings of the Japanese juvenile
justice and treatment systems through lectures and observation visits to relevant agencies.
Mr. Ahmed Hussein Ahmed

Deputy Director,
Children's Dept. Ministry of Home
Affairs

Ms. Jacinta Chemweno Murgor

Chief Children's Officer,
Children's Dept. Ministry of Home
Affairs

Ms. Carren Morangi Ogoti

Manager,
Kirigiti Girls Rehabilitation School

Ms. Judy Tuda Oduor

District Children's Officer,
Busia Kenya District Children's Office

Mr. Eliab Musembi Mulili

District Children's Officer,
Laikipia District Children's Office

Mr. Ibrahim George Milimu

Manager,
Wamumu Rehabilitation School

Mr. Tobias Onyango Odera

Manager,
Dagoretti Rehabilitation School

Ms. Sophia Barongo

Manager/ Volunteer Children's Officer,
Ngando Preparatory School

Ms. Asenath Nyaboke Ongeri

Senior Resident Magistrate,
The Judiciary

Mr. Alfred Omweri Ondieki

Police Inspector,
Kisumu Police Station

25

SIXTH SPECIAL TRAINING COURSE ON
CORRUPTION CONTROL IN CRIMINAL JUSTICEUNAFEI conducted the Sixth Special Training Course entitled “Corruption Control in
Criminal Justice” from 4 November to 28 November 2003. In this course, Japanese and foreign
officials engaged in corruption control comparatively analyzed the current situation of corruption,
methods of corruption prevention, and measures to enhance international cooperation.
Mr. Mohammad Mohiuddin

Assistant Secretary,
Legislative Drafting Wing,
Ministry of Law,
Justice and Parliamentary Affairs

Ms. Yara Patricia Esquivel Soto

Prosecutor,
Supreme Court of Justice

Mr. George Svanidze

Head of Division for Expertize ofContracts,
Ministry of Justice

Mr. Ramji Lal Koli

Joint Secretary and Legal Adviser,
Department of Legal Affairs,
Ministry of Law and Justice

Mr. Purbatua Hutabarat

KA Unit,Derectorat Pidana Korupsi / White Collar
Crime

Mr. Zulqarnain Bin Hassan

Deputy Public Prosecutor,
Anti Corruption Agency,
Prime Minister's Department

Mr. Kedar Prasad Chalise

District Judge (Additional),
Kathmandu District Court

Mr. Daniel Isaac Centeno Espinoza

Legal Adviser,
National Assembly of Nicaragua

Mr. Roberto Javier Moreno

General Secretary,
Republic's Auxiliary,
Attorney's Office,Public Ministry

Mr. Jim Wala Tamate

Senior State Prosecutor,
Public Prosecutors Office,Department of Attorney General

26
Ms. Deana Penaflorida Perez

Public / State Prosecutor,
Department of Justice

Ms. Wassa Chaimanee

State Attorney (Public Prosecutor),
Office of Chonburi Provincial State
Attorney

Mr. Mwape Dancewell Bowa

Senior Prosecutions Officer,
Anti Corruption Commission

Mr. Shin Hashimoto

Public Prosecutor,
Osaka District Public Prosecutor's Office

Mr. Yosuke Kodama

Public Prosecutor,
Tokyo District Public Prosecutor's Office

Ms. Mihoko Tanabe

Judge,
Nagoya District Court

Ms. Chadarat Anakkaorn

Senior Investigator,
The Office of the National Counter
Corruption Commission

Mr. Piset Nakhaphan

Senior Investigator,
The Office of the National Counter
Corruption Commission

Mr. Salem Oustas

Senior Investigator,
The Office of the National Counter
Corruption Commission

Ms. Sirirat Vasuvat

Senior Investigator,
The Office of the National Counter
Corruption Commission

Ms. Lalaina Rakotoarisoa

Member,Superior Council of the Fight against
Corruption

27

INFORMATION ABOUT FORTHCOMINGPROGRAMMES
1. Ninth Special Seminar for Senior Criminal Justice Officials of the People’s Republicof China
The Ninth Special Seminar for Senior Criminal Justice Officials of the People’s
Republic of China will be held from 21 February to 11 March 2004. The theme of the
Seminar will be “Effective Criminal Justice Administration in Accordance with United
Nations Standards and Norms: The Proper Way for the Protection of Rights and Punishmentof Crimes”.
2.

Third Seminar on the Judicial System for Tajikistan

The Third Seminar on the Judicial System for Tajikistan will be held from 1 March to
19 March 2004 at UNAFEI. The Course will focus on measures for preventing juvenile
crime, treatment of juvenile offenders in correctional facilities and support for reintegrationof offenders into society after release.
3. The 127th International Training Course
Rationale
The United Nations adopted the “Standard Minimum Rules for Treatment of Prisoners” at
the First Congress on the Prevention of Crime and the Treatment of Offenders (hereinafterreferred to as “Congress”) in 1955, and has adopted so far more than fifty resolutions,declarations, guidelines and codes of conduct concerning crime prevention and criminal justice.1
In addition to the topic of the treatment of offenders, they now cover very wide and diverse
subjects, such as: juvenile justice; the code of conduct of law enforcement officials; independenceof the judiciary; prevention of crimes, such as corruption and urban crime; protection of victims;
restorative justice; and so on.
Such resolutions, declarations, guidelines and codes of conduct (hereinafter referred to as“United Nations standards and norms in crime prevention and criminal justice”) aim atmaterializing the contents of “the Universal Declaration of Human Rights”2 in the field of crime
prevention and criminal justice. They do not bind Member States as treaties or conventions do to
the signatory states;3 however, the United Nations and Member States have been endeavoring topromote their use and application for many years.
At the first General Assembly of the United Nations of the new century, Member States
declared as follows:
Most of these resolutions, declarations, guidelines, and so on, are included in the following
compendium. ”Compendium of United Nations Standards and Norms in Crime Prevention andCriminal Justice.” United Nations, NY. 1992. It can be obtained at the following Internet site.
http://www.uncjin.org/Standards/Compendium/compendium.html.
2 “Universal Declaration of Human Rights.” General Assembly Resolution 217A (III). 10 December
1948.
3 Aust, Anthony. “Modern Treaty Law and Practice.” Cambridge University Press. Cambridge, UK.
2000: p.44.
1

28
We recognize that the United Nations standards and norms in crime prevention and criminal
justice contribute to efforts to deal with crime effectively. […] We shall endeavour, as
appropriate, to use and apply the United Nations standards and norms in crime prevention
and criminal justice in national law and practice. We undertake to review relevant
legislation and administrative procedures, as appropriate, with a view to providing thenecessary education and training to the officials concerned and ensuring the necessary
strengthening of institutions entrusted with the administration of criminal justice.4
Also, the United Nations Commission on Crime Prevention and Criminal Justicesupported the application of the United Nations standards and norms “as an important means bywhich Governments could upgrade criminal justice administration, across sectors, improving
professional performance, while safeguarding basic elements of human rights in an integrated
manner”.5
Therefore, the Member States are required to evaluate their practices and to build a fairand effective criminal justice system based on United Nations standards and norms in crime
prevention and criminal justice. Many countries endeavor to incorporate United Nations
standards and norms in their domestic laws and make use of them in their practice.6 It is not an
exaggeration to state that the United Nations standards and norms greatly contribute to theimprovement of criminal justice systems and their practices, and they now have an undeniably
large impact on each state’s administration of criminal justice.
In regard to the treatment of offenders, “The United Nations Standard Minimum Rules for
Treatment of Prisoners (hereinafter referred to as “the SMR”)”,7 which was adopted 50 years ago,has great importance among the United Nations standards and norms that have relevance in thefield.
The SMR stipulates minimum standards in regard to every aspect of the treatment of all
kinds of prisoners and the administration of institutions, such as: provision of adequate
accommodation; provision of adequate clothing and medical care; prohibition of cruelpunishment; prisoner’s right to lodge complaints to the head of the institution; communication
with the family; confirmation of the fundamental principle that the treatment of prisoners should
aim at their reintegration into society; individualization of treatment and classification, and so on.
Many countries promulgate their laws based upon the SMR, and the use and application of the
SMR has contributed to the improvement of institutional treatment of offenders.
The importance of the SMR can also be found in the fact that various United Nations
standards and norms that are subsequently adopted repeatedly mention that the spirit of the SMR
should be reflected.8 Moreover, although the Untied Nations had maintained the position that the
4 “Vienna Declaration on Crime and Justice: Meeting

the Challenges of the Twenty-first Century.”
General Assembly Resolution A/55/593. 17 January 2001: Para. 22.
5 United Nations. Commission on Crime Prevention and Criminal Justice. “Use and application ofUnited Nations standards and norms.” E/CN.15/2002/3. 26 February 2002: p.4.
6 http://www.unodc.org/unodc/en/crime_cicp_standards.html
7 “World Social Situation.” ECOSOC Resolution 663 (XXIV). (Annex: Standard Minimum Rules for
the Treatment of Prisoners.) 31 July 1957.
8 Examples include “United Nations Standard Minimum Rules for Non-custodial Measures (TheTokyo Rules)”, 4.1; “United Nations Standard Minimum Rules for Administration of Juvenile
Justice (The Beijing Rules)”, 27; and “United Nations Rules for the Protection of Juveniles
Deprived of their Liberty”, preamble.

29
implementation of the SMR should be left to each country’s efforts, it adopted the “Procedure forthe effective implementation of the Standard Minimum Rules for the Treatment of Prisoners”9 in1984 and set out practical procedures (dissemination of the SMR; reflection of it in the domestic
laws; technical assistance; strengthening of the reporting procedure of the implementation of the
SMR in each state; remedies and review and elaboration of the Rules) in order for the basic
principles of the SMR to be incorporated into administration of penal confinement institutions.
Additionally, in 1990 the General Assembly adopted the “Basic Principles for the Treatment of
Prisoners”10 and clarified the basic principles of the treatment of prisoners, such as all prisoners
should “be treated with respect due to their inherent dignity and value as human beings”,“believing that full implementation of the SMR would be facilitated by the articulation of basic
principles underlying them”.11 It also strengthened the contents of the SMR.
When we turn our attention to the actual situation of the treatment of offenders, there arecircumstances that impede effective use and application of the United Nations standards andnorms in crime prevention and criminal justice, including the SMR, in many countries in theworld. The notable increase in the population of various penal confinement institutions is one
example. A recent study indicated that 8.75 million people are incarcerated in prisons and theprison population is increasing in many countries.12
The capacity of accommodation in prisons cannot catch up with the increased number ofprisoners; therefore, overcrowding has become a major issue in many countries. In fact, a reportof the Secretary-General stated that “[u]ntil the problem of overcrowding was resolved, efforts toimprove other aspects of prison reform were unlikely to have any meaningful impact”.13 The
issues caused by overcrowding have thus become serious.
Even in the situation of overcrowding, however, the responsibilities of a penal institution,
as a public organization, are not diminished. These include the responsibility to provide prisoners
with a humane environment and treatment programmes that assist their reintegration into society,adequate mechanisms to safeguard their legal rights because prisons are closed institutions andinaccessible. For the general public, the responsibilities of a penal institution include securingconfinement of the prisoners and maintaining transparency and accountability as regards theadministration of the institution. As the SMR and other United Nations standards and norms that
support it include many clauses for such issues, they are still very significant and relevant to thecurrent prison situations.
In view of improving the treatment of offenders, it is not efficient to confine all offenders
to penal institutions in order to punish them, regardless of the type of offenders or the types ofcrime. It is very difficult to provide offenders with effective treatment if the prisons are
overcrowded. To incarcerate offenders for minor infractions stigmatizes them unnecessarily, andthus prevents them from reintegrating into society. In such a situation, the introduction ofalternatives to incarceration is more appropriate and effective.
9 “Procedure for the effective implementation of the Standard Minimum Rules for the Treatment of

Offenders.” ECOSOC Resolution 1984/47. 25 May 1984.

10 “Basic principles for the treatment of prisoners.” General Assembly Resolution 45/111. 14 December

1990.
11

Ibid.

12 Walmsley, Roy. “Findings 188: World Prison Population List (Fourth Edition).” Home Office, UK.

2003.
13 United Nations. Commission on Crime Prevention and Criminal Justice. “Use and application ofUnited Nations standards and norms.” E/CN.15/2002/3. 26 February 2002: p.12.

30
By reducing the number of prisoners, the burden of prisons will be mitigated and theproper correctional treatment can be given to those who remain incarcerated. Non-custodial
measures are more conducive to social integration of offenders and facilitate their rehabilitationby allowing them continuous contact with the community. They have advantage of: reducing
offender stigmatization; avoiding escalation in deviant behavior when new offenders are mixed
with hardened criminals; and if the offender remains in employment, allowing him/her tocontinue contributing towards his/her family in particular, and society in general.
In consideration of the above, in 1990 the General Assembly, based upon therecommendations of the Eighth Congress, adopted “United Nations Standard Minimum Rules for
Non-Custodial Measures (hereinafter referred to as “the Tokyo Rules”). 14 The Tokyo Rules
indicate guidelines and standards concerning various non-custodial measures. They aim atalleviating problems arising from overcrowding in prisons and at streamlining the administrationof criminal justice by promoting less use of confinement, through enhancing the use of alternative
measures that can be exercised in society. In this sense, the Tokyo Rules complement the SMR.
However, the current world situation in which many countries face a prison population
increase and overcrowding, implies that enhancement of non-custodial measures indicated in theTokyo Rules have not been fully implemented in such countries.
Giving due consideration to the above rationale, UNAFEI, as one of the regional institutesof the United Nations for Prevention of Crime and for the Treatment of Offenders, intends tostudy the current situation of the treatment of adult offenders both in institutions and in thesociety and will explore their improvement for this training course. This will be accomplishedmainly referring to the SMR and the Tokyo Rules among numerous United Nations standards andnorms in crime prevention and criminal justice.
Thus, the participants are required to: review the history of the respective countries where
the United Nations standards and norms concerning treatment of offenders, inter alia the SMR
and the Tokyo Rules, have been incorporated in practice or in legislation; confirm the extent thatthe current system and situation of the practice conform to the United Nations standards andnorms; and study the reasons, both the social as well as legal backgrounds if the practice deviatesfrom the United Nations standards and norms. Moreover, the training course will explore
measures for effective use and application of United Nations standards and norms by sharing anddiscussing lessons and successful examples that are provided by the participants.
The focus of discussion in this training course will be as follows:(1) The current situation and problems of the treatment of offenders in the respective countries(2) Problems and countermeasures concerning the use and application of United Nations
standards and norms in crime prevention and criminal justice (mainly the SMR and the Tokyo
Rules)(a) Incorporation of United Nations standards and norms in domestic laws and regulations(b) Organizations for the treatment of offenders (inspection, transparency, accountability,etc.)

14 “United

Nations Standards and Minimum Rules for Non-Custodial Measures (Tokyo Rules).”
General Assembly Resolution 45/110. 14 December 1990.

31(c) Personnel in charge of treatment of offenders (recruitment, training, guidance andsupervision, etc.)(d) System for the treatment of offenders•

Systems that guarantee offenders’ rights, including grievance mechanisms•

Maintenance of discipline and order•

Provision of effective treatment programmes(e) Understanding and participation of the public(3) Promotion of international cooperation for development of United Nations standards andnorms(a) An effective system of reporting to the United Nations(b) Technical cooperation

32

ADMINISTRATIVE NEWS
Overseas Trips by Staff
Mr. Yasuhiro Tanabe (Professor) visited Hong-Kong from 4 to 7 November 2003 to givea presentation at the Second Asian Cyber Crime Summit at the Hong-Kong University.
Ms. Tomoko Akane (Deputy Director) visited Courmayeur, Italy from 26 November to 2
December 2003 to attend the: 18th coordinating meeting of the UN Programme Network
Institutes; the 10th ISPAC Plenary Meeting; and the ISPAC International conference on Crime
and Technology: New Frontiers for Regulation, Law enforcement and Research.
Ms. Sue Takasu (Professor) visited Bangkok, Thailand from 27 November to 2 December
2003 to attend the ACPF Working Group Meeting on the Plans of Action in Asia for the
Implementation of the Vienna Declaration on Crime and Justice as a speaker of one of thesessions on the theme of “Economic and Financial Crimes: Challenges to Sustainable
Development”.
Mr. Kenji Teramura (Professor) visited Hong Kong from 1 to 6 December 2003 andThailand between 6 to 14 December to conduct a survey concerning the effective prevention of
drug abuse and treatment of drug abusers among Asian countries.
Mr. Kei Someda (Professor) visited Singapore from 1 to 6 December 2003 and Thailand
between 6 to 14 December to conduct a survey concerning the effective prevention of drug abuse
and treatment of drug abusers among Asian countries.
Mr. Hiroyuki Shinkai (Professor) and Mr. Wataru Inoue (Staff) visited Hong-Kong from
6 to 13 December 2003 to participate in the 23rd Asian and Pacific Conference of Correctional
Administrators.
Ms. Tamaki Yokochi (Professor) and Ms. Shinobu Nagaoka (Staff) visited the Philippinesfrom 21 to 27 January 2004 with 9 Volunteer Probation Officers to conduct interaction
meetings with Filipino Volunteer Probation Aids at Cabuyao, Laguna and Ceba.
Mr. Keisuke Senta (Professor) and Mr. Horoyuki Shinkai (Professor) visited Bangkok,
Thailand from 21 to 28 January 2004 for a consultation with the National Counter Corruption
Commission of Thailand concerning a technical cooperation project with UNAFEI.

33

FACULTY AND STAFF OF UNAFEI

Faculty:
Mr. Kunihiko Sakai
Ms. Tomoko Akane
Mr. Toru Miura
Mr. Kenji Teramura
Mr. Kei Someda
Mr. Yasuhiro Tanabe
Mr. Keisuke Senta
Ms. Sue Takasu
Ms. Tamaki Yokochi
Mr. Hiroyuki Shinkai
Mr. Simon Cornell

Secretariat:
Mr. Kiyoshi Ezura
Mr. Yoshiyuki Fukushima

Director
Deputy Director
Professor, Chief of Training Division
Professor, Chief of Research Division
Professor, Chief of Information and Library
Science Division
Professor
Professor
Professor, 126th Course Programming Officer
Professor
Professor
Linguistic Adviser

Chief of Secretariat
Deputy Chief of Secretariat

General and Financial Affairs Section:
Mr. Yoshihiro Miyake
Chief
Mr. Wataru Inoue
Ms. Chika Yamashita
Mr. Osamu Miyakawa
Mr. Mitsuo Dai
DriverMr. Teruo Kanai
Maintenance
Mr. Noboru Kaneko
Maintenance
Ms. Emiko Aruga
Training and Hostel Management Affairs Section:
Mr. Makoto Nakayama
Chief
Mr. Tatsufumi Koyama
126th Course Assistant Programming Officer
Ms. Akiko Masaki
Ms. Tsubura Miyagawa
Ms. Shinobu Nagaoka
International Research Affairs Section:
Mr. Ryousei Tada
Chief
Ms. Keiko Noda
Librarian

Secretarial Staff:
Ms. Minako Fujimura
Ms. Kumiko Yanagisawa

34
Kitchen, Chef
Mr. Misao Saito
JICA Coordinator
Mr. Shoji Tanaka

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