Number 116

October 2023

PREVENTION OF CRIME AND
TREATMENT OF OFFENDERSUNAFEI’S RESOURCE MATERIAL SERIESRESOURCE MATERIAL SERIES NO. 116
FEATURED ARTICLES
Effective Treatment Interventions for People with Substance Use Disorders
in Contact with the Criminal Justice System
Dr. Wataru Kashino and Ms. Sanita Suhartono (UNODC)COURSE REPORTS
The 180th International Senior Seminar
Prof. NAKAYAMA Noboru (UNAFEI)The Second International Training Course on Building Inclusive Societies
Prof. TANAKA Mii (UNAFEI)The 181st International Training Course
Prof. YAMANA Rompei (UNAFEI)The United Nations Asia and Far East Institutefor the Prevention of Crime and the Treatment of Offenders

PREVENTION OF CRIME
AND TREATMENT OF
OFFENDERSRESOURCE MATERIALSERIES NO. 116

UNAFEI
Akishima, Tokyo, Japan

October 2023

MORINAGA Taro
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
2-1-18 Mokuseinomori, Akishima-shi, Tokyo, Japan
unafei@i.moj.go.jp

CONTENTS
INTRODUCTORY NOTE...........................................................................................................................................................ⅲ
PART ONEWORK PRODUCT OF THE 180th INTERNATIONAL SENIOR SEMINARPROMOTING LEGAL AID FOR OFFENDERS AND VICTIMS
Report of the Seminar

The 180th International Senior Seminarby Prof. NAKAYAMA Noboru (UNAFEI) ......................................................................................................................... 3

Participants’ Papers⃝ Legal Aid for Offenders in Brunei Darussalamby Ms. Hjh Ervy Sufitriana Haji Abdul Rahman (Brunei Darussalam)........................................................ 5⃝ Promotion of Legal Aid for Offenders and Victims in the Dominican Republic
by Mr. Julio A. Aybar Ortiz (Dominican Republic)....................................................................................................... 9⃝ Legal Aid to Offenders and Victims in the Criminal Justice System of the Maldivesby Mr. Hussain Nashid (Maldives) .......................................................................................................................................... 13⃝ Legal Aid in Criminal Justice in Viet Nam
by Ms. Luong Thi Van (Viet Nam) ........................................................................................................................................ 17

PART TWOWORK PRODUCT OF THE SECOND INTERNATIONAL TRAINING COURSE
ON BUILDING INCLUSIVE SOCIETIESREHABILITATION AND SOCIAL REINTEGRATION OF OFFENDERSWITH SUBSTANCE USE DISORDERS
Report of the Course

The Second International Training Course on Building Inclusive Societies
by Prof. TANAKA Mii (UNAFEI) ........................................................................................................................................ 25

Visiting Experts’ Paper⃝ Effective Treatment Interventions for People with Substance Use Disorders in Contact
with the Criminal Justice System
by Dr. Wataru Kashino and Ms. Sanita Suhartono (UNODC)........................................................................... 29iParticipants’ Paper⃝ The Role of the Egyptian Public Prosecution in Supporting the Treatment andRehabilitation of Offenders with Substance Use Disorders
by Mr. Ahmed Mahmoud Abdelbary Hamouda (Egypt)......................................................................................... 39

PART THREE
WORK PRODUCT OF THE 181st INTERNATIONAL TRAINING COURSECOUNTERMEASURES AGAINST TRANSNATIONAL ORGANIZED CRIME– THE 20TH ANNIVERSARY OF UNTOC –Report of the Course

The 181st UNAFEI International Training Course
by Prof. YAMANA Rompei (UNAFEI) ............................................................................................................................. 49

Participants’ Papers⃝ Brazil’s Countermeasures against Transnational Organized Crimes: An Analysis of theCatrapo (Drug Trafficking), Mensalinho (Bribery) and Diamond Export Cases
by Mr. Vinicius Alexandre Fortes de Barros (Brazil)................................................................................................ 51⃝ Countermeasures against Transnational Organized Crimeby Mr. Komal P. Pitama (Guyana)......................................................................................................................................... 61⃝ Countermeasures against Transnational Organized Crime: The 20th Anniversary of
UNTOC – A Kenyan Perspectiveby Ms. Angela Adhiambo Okallo Otieno (Kenya) ....................................................................................................... 67⃝ Transnational Organized Crime in Maldivesby Mr. Umar Mamdhooh (Maldives) ..................................................................................................................................... 77

APPENDIX.............................................................................................................................................................................................. 83
Photographs⃝ The 180th International Senior Seminar............................................................................................................................. 85⃝ The Second International Training Course on Building Inclusive Societies........................................... 85⃝ The 181st International Training Course........................................................................................................................... 86

RESOURCE MATERIAL SERIES INDEX............................................................................................................. 87ii

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of Crime and theTreatment of Offenders (UNAFEI) offers to the international community this issue of Prevention of Crime
and Treatment of Offenders, UNAFEI’s Resource Material Series No. 116.
This issue contains the work products of the 180th International Senior Seminar on Promoting Legal Aid
for Offenders and Victims, the Second International Training Course on Building Inclusive Societies on
Rehabilitation and Social Reintegration of Offenders with Substance Use Disorders and the 181st International
Training Course on Countermeasures against Transnational Organized Crime – The 20th Anniversary of
UNTOC. These programmes were held to promote Goal 16 of the 2030 Agenda for Sustainable Development,
which underscores the importance of governance and the rule of law in promoting peaceful, just and inclusive
societies, as well as to follow-up on the implementation of the Kyoto Declaration adopted at the 14th United
Nations Congress on Crime Prevention and Criminal Justice.
I would like to pay tribute to the contributions of the Government of Japan, particularly the Ministry ofJustice, the Japan International Cooperation Agency and the Asia Crime Prevention Foundation, for providing
indispensable and unwavering support to UNAFEI’s international training programmes and other activities.
Finally, I would like to express my heartfelt gratitude to all who so unselfishly assisted in the publicationof this series.
October 2023

MORINAGA Taro
Director of UNAFEI

iii

PART ONE
RESOURCE MATERIAL SERIES
No. 116Work Product of the 180th
International Senior Seminar

UNAFEIREPORT OF THE SEMINAR
THE 180th INTERNATIONAL SENIOR SEMINAR“PROMOTING LEGAL AID FOR OFFENDERS AND VICTIMS”

1. Duration and Participants•••

From 13 January to 6 February 2023
22 overseas participants from 16 countries
3 participants from Japan

2. Seminar Overview

This seminar focused on promoting legal aid for offenders and victims. The participants made presentations
about legal aid for offenders and/or victims in their respective countries. Through presentations and lectures,the participants learned from the participating countries’ experiences, practices and strategies with respect
to legal aid for offenders and victims, with reference to recent international trends. In addition to enhancing
their knowledge of effective measures, the participants established a global network for the exchange of
updated information on the practices of the participating countries.

3. Contents of the Seminar(1) Lectures
The following experts from overseas and Japanese experts, as well as UNAFEI faculty members, gave
lectures as follows:••

Experts from overseas-

Mr. Vincent Cheng Yang (Online)
Senior AssociateInternational Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR, Vancouver,
Canada)Title of lecture: Criminal Legal Aid in Canada-

Ms. Anika Holterhof (Online)
Crime Prevention and Criminal Justice Officer & Focal Point for Legal Aid, Crime Prevention andCriminal Justice Section, Division for Treaty Affairs
United Nations Office on Drugs and Crime (UNODC, Vienna, Austria)
Title of lecture: Enhancing Access to Legal Aid in Criminal Justice Systems(Joint lecture with Ms. Sonya Rahaman)-

Ms. Sonya Rahaman (Online)
Legal Consultant, the Access to Justice Team, Crime Prevention and Criminal Justice Section,
Division for Treaty Affairs, United Nations Office on Drugs and Crime (UNODC, Vienna, Austria)
Title of lecture: UNODC Technical Assistance on Access to Legal Aid for Suspects, Prisoners andVictims and Witnesses of Crime (Joint lecture with Ms. Anika Holterhof)

Japanese Experts-

Ms. KAMITANI Sakura
Lawyer
Sakura-Mirai Law Firm
Title of lecture: Support for Victims of Crime by a Private Practice Lawyer in Japan-

Ms. TOMITA Satoko
Head, International Affairs Office (Lawyer)
Japan Legal Support Center
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RESOURCE MATERIAL SERIES No. 116
Title of lecture: Legal Aid in Criminal Justice System in Japan-

Mr. MUTOU Issei
Deputy Director, Crime Victim Support Office
National Police Agency
Title of lecture: Crime Victim Support Provided by the Police-

Mr. HASEGAWA Kaoru
Head of the Crime Victim Support Office (Public Prosecutor)
Tokyo District Public Prosecutors Office
Title of lecture: Efforts of the Crime Victim Support Office of the Tokyo District Public Prosecutors
Office(2) Individual Presentations
All participants made presentations on the systems, practices and challenges related to legal aid in
their respective countries. In response to each presentation, many questions were asked by participants
and a lively Q&A session took place. Participants showed a strong interest in the systems, practices andchallenges of other countries.
(3) Group Workshops
Participants were divided into four groups, and discussions were held in each group on how topromote legal aid for offenders and/or victims. Each group decided whether it would discuss both formsof legal aid or just one. One group discussed legal aid for offenders, two groups discussed legal aid forvictims, and another group discussed both.
In the discussions, the participants shared the systems and practices of their respective countries,
identified challenges facing the promotion of legal aid based on the knowledge gained through theindividual presentations and lectures, and discussed specific solutions to resolve those challenges.
Participants were very serious and enthusiastic, so very active and constructive discussions were held.
The good relationships that had been established before the discussions also contributed to them.
Each group made presentations on the results of the discussion. In response to each presentation,
participants in other groups asked many questions and a lively Q&A session was held.

4. Feedback from the Participants

Most participants made positive comments. They said that individual presentations, lectures, and group
workshops were very helpful. In addition, some participants said that they were surprised at the disciplineof the Japanese people, based on what they had seen and heard inside and outside the seminar.

5. Comments from the Programming Officer (Professor NAKAYAMA Noboru)

Legal aid for offenders has long been one of the themes of great concern in many countries. On the other
hand, legal aid for victims is a new area compared to legal aid for offenders. Therefore, when I prepared thisseminar, I felt a little anxious about whether the participants would be interested in legal aid for victims.
However, legal aid for victims was also of very high interest to participants, and active Q&A and discussions
were conducted in terms of both forms of legal aid.
I learned a lot from the participants, including the systems, practices, and challenges related to legal aid
in the participating countries. In addition, I was deeply impressed by the seriousness and enthusiasm ofparticipants. I hope that the knowledge gained in this seminar will contribute to the development of thesystems and practices in their respective countries.
UNAFEI’s in-person training courses had been suspended due to the Covid-19 pandemic. However, thisseminar was held in person, following the 24th UNCAC Training Programme that was held in November
last year. I felt that face-to-face communication made it easier to actively exchange opinions and to build agood personal network among participants, and increased the quality of the seminar. I strongly hope that thepersonal network that was established during this seminar will continue for a long time to come.

4PARTICIPANTS’ PAPERSLEGAL AID FOR OFFENDERS IN BRUNEI DARUSSALAM
Hjh Ervy Sufitriana Haji Abdul Rahman*

I. INTRODUCTION
Legal aid serves the purpose of aiding defendants who cannot afford to engage counsel and of facilitating
access to legal representation. The Legal Aid Committee was set up by the Supreme Court of Brunei
Darussalam to oversee and assess legal aid applications and appoint qualified counsel to eligible defendants.
The Committee, which consists of Judicial Officers and staff members of the Supreme Court of Brunei
Darussalam, upholds the following vision and mission statements, reflecting the core principle of legal aid:
Vision:
To uphold the rule of law by ensuring access to justice for capital cases.
Mission: a. To provide independent, expeditious and transparent legal aid services.
b. To ensure the rights of defendants or people of limited means are met.
c. To secure public trust and confidence in the criminal justice system.
This paper summarizes the rules and procedures for legal aid applications for offenders in Brunei
Darussalam.

II. LEGISLATION
Currently, there is no legislation that governs legal aid in Brunei Darussalam. However, the principles oflegal aid are provided for under the Chief Justice’s Practice Direction No. 10 of 1997 issued on 2 October 1997.

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

Practice Direction No. 10 of 1997
An appointment by the Chief Registrar to defend in a capital case is personal to the person appointed
and should not be assumed by other persons in the firm.
An appointment will not usually be made of a person with less than five years of practice, whether in
Brunei or elsewhere.
No member of the legal profession should refuse an appointment to defend in a capital case, except forgood reason to the satisfaction of the Chief Registrar.
If a defendant is committed on a capital charge, the person appointed will continue to represent thedefendant (and receive the appropriate fee therefor) even if the charge is reduced to one which is not
capital.
Appointment to defend in a capital charge will include any charges which are tried with it.
A list will be published every year or so, specifying those who have been appointed in recent years andalso those who may be appointed in the future.

III. ELIGIBILITY
A. General
Legal aid is only available for proceedings in the High Court and appeals to the Court of Appeal. The
grant of legal aid will be decided by the Legal Aid Committee. The decision of the Committee is final. The* Senior Magistrate, Magistrates’ Court, Judiciary, Supreme Court, Brunei Darussalam.

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RESOURCE MATERIAL SERIES No. 116
Committee further reserves the right to discharge or revoke legal aid.
B. Charged with a Capital Offence
Defendants must have been charged with a capital offence to be eligible for Government legal aid. Capital
punishments is imposed for certain capital offences under the Penal Code, the Misuse of Drugs Act, theInternal Security Act, the Public Order Act and the Anti–Terrorism Order 2011.
C. Applicants Must Pass the Means Test
In order to be eligible for legal aid, the applicant must pass the means test. The means test is anassessment tool to determine whether the applicant has sufficient funds to engage a lawyer to represent
them. An applicant will only be eligible for legal aid if he earns less than an amount that has been set by the
Legal Aid Committee. This test reviews the applicant’s disposable income1 and assets.2 Applicants who falloutside the means test or can afford the cost of engaging a defence counsel will not be provided with legal
aid.
The value of disposable income and assets is calculated by adding the gross monthly income and assetsof the applicant, less the allowable deduction. Allowable deductions include rent and maintenance cost or
living expenses. Applicant’s debts are not included as allowable deductions. An applicant is eligible for legal
aid if he earns less than an amount set by the Legal Aid committee. This amount is determined by theaverage salary earned by a person in Brunei and is subject to review by the Legal Aid Committee.
The Committee reserves the discretion to discharge legal aid if the financial circumstances of the applicant
change. The Committee can revoke legal aid if the aided person fails to make full disclosure of his or her
financial resources, made a false statement of his financial status and/or fails to report change in financial
circumstances.

IV. PROCEDURE
Applicants may only apply for legal aid once charged with a capital offence and once the matter has beenreferred to the High Court. The applicant or his or her family members may apply for legal aid to the Chief
Registrar via the High Court Registry. Applicants who are in prison may apply through the Prison Department.
The High Court Judge hearing the matter may also refer the applicant to the Chief Registrar for legal aid
to be considered. Applicants or their family members must fill in the legal aid forms available at the High
Court Registry, and must submit the form within four weeks of the first mention in the High Court. The
applicant will then be interviewed by legal assistants within one month of the application to assess theapplicant’s eligibility for legal aid. The Committee will then decide on the defendant’s means not more than
one month after submission.
If the applicant is eligible for legal aid, the Committee will nominate a qualified defence counsel torepresent the applicant throughout the duration of the court proceedings until judgment and, in the event of
a conviction, sentence is passed. If the applicant is unsatisfied with the nomination and request for a different
counsel, the Committee has discretion to consider his application after hearing both the applicant and theappointed counsel.
If there is a conviction and the sentence passed is death, applicants that wish to appeal against the Judge’s
decision may apply for the legal aid to continue. The same counsel who represented the applicant during thetrial may represent the applicant at the appeal. Applicants that wish to change counsel for the purpose of
appeal shall provide satisfactory reasons to the Committee. Applicants who previously engaged a defence
counsel, but subsequently discharged the counsel, may apply for legal aid provided that there are good
1
Income includes salary, overtime pay, commissions, allowances, benefits, pensions, insurance payments and maintenancereceived.
2
Assets include business, land, shares, cars, debentures and inheritance, but does not include the land on which the applicant
built his or her house, tools of trade and household furniture. Assets in dispute are also not included, such as assets wherelegal ownership is undetermined and assets that are subject to a legal suit.

6

PARTICIPANTS’ PAPERS
reasons in discharging the counsel in the first place. The grant of legal aid will be decided by the Legal Aid
Committee. The decision of the Committee is final. The Committee further reserves the right to discharge
or revoke legal aid.

V. APPOINTMENT OF COUNSEL
A. Guidelines
If legal aid is granted, the Committee will then assign a qualified defence counsel to represent theapplicant. As stated in the Chief Justice’s Practice Direction No. 10 of 1997, counsel must have at least five(5) years’ experience in practice. Additionally, counsel must have at least conducted two capital trials or one
capital trial and five criminal appeals either in the High Court or the Court of Appeal or five non-capitalcriminal trials, of which at least three must be in the High Court or Intermediate Court. Previous experiencesof counsel from the bench or as deputy public prosecutor may be taken into account.
B. Remuneration
Guidelines on remuneration can be found in the Chief Justice’s Circular No. 3 of 2001 as outlined below:
Chief Justice’s Circular No. 3 of 2001
I am pleased to inform you that, as from 1st January 2001, the following scale of fees, in place of thepresent one, will be payable to anyone assigned to defend in a capital case.
High Court
Getting up fee
Attending pre-trial reviews
Brief fee for the first day of trial
Refresher for each day or part of day after the first

–
–
–
–

$7,000$300$1,300
$700

–
–
–
–

$2,500$1,300$1,300$700

Court of Appeal
Getting up fee
First day of appeal
Refresher for each day after the first
Petition for clemency

Outlays reasonably incurred will also be refunded. These will include notes of evidence in a Magistrate’s
Court, photo charges for a bundle of authorities, visits to the defendant (in prison or elsewhere) fees payable
to expert witnesses; the list is intended only to be a guide and is not comprehensive.
Counsel will only be paid for work undertaken after the granting of the legal aid. Work done before
authorization of the committee, such as representing the application for appeal without prior confirmationfrom the committee that the legal aid is continued, will not be compensated. Counsel may not discharge
themselves without good reason, failing which counsel will not be paid for work done.

VI. CASES
Between 2016 and October 2022, legal aid has been awarded in 29 cases. These cases were largely
composed of drug-related cases (19 cases are under section 3A of Misuse of Drugs Act). Ten of the cases are
defendants charged for murder under section 302 of the Penal Code.

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RESOURCE MATERIAL SERIES No. 116

VII. LEGAL ADVICE CLINIC
Defendants may also seek assistance from the Legal Advice Clinic. The Legal Advice Clinic was“established by the Law Society of Brunei Darussalam to assist members of the public who are unable toafford legal representation with free legal advice. It is part of the Law Society’s mission to ensure equal
access to justice for all.”3
The Clinic functions to provide professional advice to parties engaged in legal proceedings where capital
punishment does not apply.
The following requirements are imposed by the Law Society for eligibility to seek advice under the Legal
Advice Clinic:a. The applicant must not be represented by any legal firm.
b. The applicant must produce his or her current Brunei identity card at the Clinic.
c. The applicant must provide proof of his or her present residential address at the Clinic.
d. The applicant must be in receipt of income or allowance less than B$1,500 a month and provide proofof such fact.

VIII. CURRENT CHALLENGES
The Legal Aid committee are limited to a small pool of counsel who are willing to accept legal aid cases.
This can cause conflict in schedules if counsel has more than one legal aid defendant or several cases in his
portfolio.

38https://www.bruneilawsociety.com/legal-advice-clinic/

PARTICIPANTS’ PAPERS

PROMOTION OF LEGAL AID FOR OFFENDERS AND VICTIMSIN THE DOMINICAN REPUBLIC
Julio A. Aybar Ortiz*

I. ACCESS TO JUSTICE
Access to justice is a universally recognized principle which is of central importance within the estate oflaw, since without access to justice citizens will not be able to make themselves heard, exercise their rights,
face discrimination or hold public officials to account for state decision-making.
This principle has been consigned in several international treaties of which the Dominican Republic is asignatory, including article 10 of the Universal Declaration of Human Rights, article 25 of the American
Convention on Human Rights, article 14 of the International Covenant on Civil and Political Rights, article 13of the Brasilia rules, and more recently in the Sustainable Development Goals, especially number 16.3, whichstates that each nation must promote the rule of law at the national and international levels and guarantee
equal access to justice for all.
Sustainable development goal 16 summarizes the interest of the signatory nations arguing that: “the ruleof law and development are significantly interrelated and mutually reinforcing, which is why it is essential
for sustainable development at the national and international level.” Goal 3 places the machinery of judiciary
systems as irreplaceable factors in achieving peaceful and just societies. This is so because equitable accessto justice is essential to guarantee the fundamental principle of human dignity, in the same way it serves asa cross-cutting mechanism for the redistribution of social justice.
In the Dominican nation, following these guidelines, the principle of access to justice has been enshrinedin the constitution itself, when it states in article 69 that every person in the exercise of their legitimate
rights and interests has the right to obtain effective judicial protection, with respect for due process that will
be made up of the minimum guarantees, the first being the right to accessible, timely and free justice.
Nationwide, the debate on justice and access to it arouses great interest in different sectors of public
opinion. The Judiciary has designated itself as a standard-bearer to reform the justice system, since 1994
there are records of clear actions and adoption of policies to improve the justice service and access to it. In
effect, since the last appointments of judges of the Supreme Court of Justice who can rule on matterspertaining to the development of justice, the country has undergone considerable reforms in the entire
justice administration apparatus, among them, the dignification of the judiciary career, the training of humancapital for the judiciary and the expansion of relevant services such as the public defender's office.
The procedural criminal law, for its part, has also enshrined the principle of fast, free and timely accessto justice; we can appreciate it in the criminal procedure code, for example, which establishes in articles 11
and 12 that all persons are equal before the law and must be treated according to the same rules and thatthe parties participate in the process on equal terms. For the full and unrestricted exercise of their powers
and rights, judges must remove all obstacles that impede the validity or weaken this principle.
These principles of access to justice, equality of parties and dignity of people have promoted the creationof institutions whose purpose is to ensure the right of defence of citizens and that they can access judicial
services easily, quickly and free of charge. Next, we go on to point out those in the Dominican legal system,
their legal basis and the prevailing reality today.
* Judge, Criminal Courts of Santo Domingo Judicial Branch, Dominican Republic.

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RESOURCE MATERIAL SERIES No. 116

II. NATIONAL PUBLIC DEFENDER’S OFFICE
A. Background
The right to legal assistance has been enshrined since the first Dominican constitution, this right to legal
assistance has evolved over time and it is no longer enough that the defendant knows the accusation, butthat in his defence he can provide evidence, refute those that are produced against him, and of course, choose
the services of a lawyer he trusts, in case he does not have the financial means to pay for it, he must be
assigned a defender paid by the State as a guarantee of the aforementioned access to justice.
Before the creation of the national public defender’s office, in the Dominican Republic there was only the
figure of the office defender’s, who was a legal professional appointed by the Judiciary who was attached toa certain court. Needless to say, he did not have the same preparation as current public defenders.
This defender was assigned to any person who requested it and only during the trial phase. Along withthem, there were some popular lawyers of university law schools, some NGOs dedicated to free legal defence
and law students who carried out their legal practice, since the law at that time allowed high school
graduates to represent criminal defendants.
Faced with these deficiencies, local entities and international organizations signed a cooperation agreementin 1993, among them we can highlight the participation of the Supreme Court of Justice, the Pedro Henríquez
Ureña National University (UNPHU) and the Latin American Institute of Nations for the Prevention of Crime
and Treatment of Delinquents (ILANUD), starting a pilot project to establish a system of free legal assistance.
The project failed promptly due to lack of funding; it was only in force until 1997. We must highlight that
other entities supported and financed the project, such as the United States Agency for International
Development (USAID). In 1998, the Commissioner for Support to the Reform and Modernization of Justiceassumed this programme until it was closed for budgetary reasons and lack of political will.
Given the lack of public defenders, in 1998, the Supreme Court of Justice, making use of the power
established in Article 77 of Law no. 327 of the Judiciary Career, which deals with arranging everythingnecessary to organize a system of free legal assistance, approved by Resolution no. 512, dated 19 April 2002,
the creation of the National Office of Judiciary Defense, in order to organize, direct and guarantee theprovision of technical defence services, provided in an effective, timely, free and permanent manner, topersons of low economic resources. This office was created within the judiciary body, with administrative
dependency, but technical and functional independence.
B. Present
In 2004, Law no. 277, created the National Public Defender’s Office. This law establishes the functional,
administrative and financial autonomy of the institution within the Judiciary, remaining within it for the first
five years and at the end of the aforementioned period it acquired total independence.
Law no. 277-04 not only changed the name of the National Office of Judicial Defense to the National Public
Defender’s Office (NPDO), but also created a career for the public defenders, clearly establishing the role ofthe defence attorney.
The reform of the Constitution of the Dominican Republic in 2010, at its article 176 enshrined theinstitutionality of the Public Defenders as an independent, administrative and budgetary body, responsible
for the effective protection of the right to defence, which must be provided in response to the criteria of free,easy access, efficiency and quality, for people who for whatever reason are not assisted by a lawyer.
C. Future
The figure of the technical defender currently achieves constitutional recognition, and the fruits of thehard work carried out by public defenders every day for the benefit of low-income citizens can be appreciated.
As a defender’s office protocol, daily visits are made to the police detachments of all demarcations, so thatcitizens from the moment of their arrest – should they need it – can count on the immediate and technicalassistance of a public defender, who ensures the guarantee of their fundamental rights of rapid access tojustice as well as the protection of the offender’s integrity.
10PARTICIPANTS’ PAPERS

The most serious problem that public defence currently has is that, according to the director of that body,
87 per cent of criminal cases nationwide are handled by public defenders who provide free assistance to lowincome people in conflict with the law, but without having the office, the necessary staff, much less with adecent budget that allows them to face the function for which they have been designated with greater
dignity.
The same director of the National Public Defender’s Office, when giving statements on the occasion of the
Defender’s Day in 2022, explained in his speech that in relation to the cases of children and adolescents inconflict with criminal law, public defenders attend 100 per cent of the processes – a figure that powerfully
draws attention.
This constitutional body with administrative, functional and financial autonomy has spent several years
complaining in the public arena about how the budget assigned to it by the State is not enough to meet theneeds of the institution and make it functional. It stands out among the statistics that the national office has
approximately 200 public defenders, for a population of more than eleven million inhabitants, which is notenough for the universe of active criminal cases, where eight offices have yet to be opened at the national
level to be able to guarantee due process and that the rights of the processed persons are not violated.
Only in 2017, the Public Defense was seized of 3,500 cases for abandonment of private lawyers, on which
they already had assets. It stands out in practice that a single public defender handles up to 11 processes ona daily basis, which technically can affect the interests of the defendants by not being able to ensure thepreparation of a sufficiently technical and effective defence due to lack of time.

III. VICTIM REPRESENTATION OFFICE
Like the previous body, the representation of victims is also a constitutional mandate, the text is enshrinedin article 177, when it establishes that: “The State will be responsible for organizing free legal assistanceprogrammes and services in favour of people who lack the economic resources to obtain judicial representationof their interests, particularly for the protection of the rights of the victim, without prejudice to the powersthat correspond to the Public Ministry in the field of criminal proceedings.”
Even so, the treatment given by the State to this mandate does not have the same impact as that given
to the public defence, which is only in charge of representing offenders. The Attorney General of the
Republic has timidly had to regulate this right, when through resolution 8518, dated 13 June 2005, theNational Directorate for Attention to Victims is created, a body directly attached to the Attorney General of
the Republic.
If we make a comparison, this situation was the one experienced by the national public defender’s officein its origins, when it was a dependency of the judiciary, which leads us to the conclusion that politicalinterest are needed to influence the victims representation office so that the appropriate arrangements canbe made and this office can stand out and become a true bastion of the rights of victims in judiciary processes.
Unlike the public defence, which has a body of professional lawyers, the victim assistance office is much
more modest since they have only a few offices nationwide. Currently, extensions of the office are being
created in the Duarte province in the facilities of the Center of Community Houses of Justice, with the
purpose of providing greater space facilities for the services offered to its users.
The function of these victim’s service offices includes directing, coordinating and articulating the effortsof the institutions and organizations committed to the protection, care, intervention and/or monitoring of
victims of violence, in addition to preventing violations of citizens’ rights.
As its name indicates, this office only serves people who are victims of third parties for criminal offences
who receive free legal assistance and guidance services at its offices.

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RESOURCE MATERIAL SERIES No. 116
It is worth saying that there are so few lawyers in the victims office that other public institutions have
had to provide the service in order to satisfy the demand, among them we can mention the case of the
Women’s Ministry, which has an entire legal department to provide assistance to victims of gender andintrafamily violence, but they only provide service when the crime perpetrated is of this nature.
This ministry has created the service whose sole purpose is to provide support to victims of violenceagainst women and intrafamily violence, without discrimination based on race, nationality, religion, social
condition, in the different legal processes carried out by the users in search of that their human rights be
respected, particularly their right to live a life free from violence.
This office is not independent since it is attached to the Direction of Prevention and Attention to Violenceof the Women’s Ministry, and the budget of the office also draws from the annual budget item of the ministrythat creates it.

12PARTICIPANTS’ PAPERSLEGAL AID TO OFFENDERS AND VICTIMS IN THE CRIMINAL JUSTICESYSTEM OF THE MALDIVES
Hussain Nashid*

I. INTRODUCTION
The right to criminal defence is a fundamental right recognized internationally. It entitles anyone being
investigated for or charged with a criminal offence to legal advice, assistance and representation.1 The
provision of legal aid, as such, is regarded as a vital element in ensuring the right to criminal defence as wellas in securing justice as a basic human right altogether. In that regard, the legal systems of many countries
have adopted a mechanism to provide legal aid on a gratuitous basis and is usually provided from the Statebudget. The Maldives, although its legal system has remained greatly underdeveloped for decades, have also
recognized the provision of legal aid in its criminal justice system.
This paper, therefore, aims to explore the right to legal counsel enshrined in the Constitution of theMaldives as well as to assess the legal aid framework and the challenges faced by the Maldivian government
in fulfilling its constitutional obligations to provide legal aid in criminal cases.

II. LEGAL AID FRAMEWORK
A. Legal Aid to Offenders
The provision of legal aid in the Maldives evolved following the promulgation of the new Constitution in2008. The new Constitution enshrines the key principles of equality before the law, the presumption of
innocence, the right to fair and transparent hearings, along with all the guarantees necessary for the defenceof anyone charged with a criminal offence.2 In securing the right to criminal defence in the justice system,
the new Constitution enumerates the right to legal counsel to offenders in different stages of the criminal
justice process. As such, Article 48(b) of the Constitution stipulates the right of persons being arrested ordetained to retain or instruct legal counsel, while Article 51(e) stipulates the right of persons charged with
an offence to instruct and communicate with legal counsel of their own choosing. Similarly, Article 53 of theConstitution further enumerates the general right to legal counsel, and with regard to State-funded legal
representation, Article 53(b) extends the responsibility upon the government to fund legal representation forserious crimes when the accused do not have the means to pay for it themselves. Therefore, the right tolegal representation, with respect to criminal matters is provided to all criminal defendants regardless of thenature of the offence. However, state-funded legal representation is available only in those cases that meetthe criteria mentioned in Article 53(b) of the Constitution.
The obligation of the State to provide legal aid to offenders is further detailed in the following statutes:
Law Number 12/2016 (Criminal Procedure Act); Law Number 18/2019 (Juvenile Justice Act).
1. Legal Aid under the Criminal Procedure Code
Although the Constitution obligates the government to fund legal representation in serious criminal cases,
it does not enumerate the type of offences that fall into the category of “serious criminal offence”. The
Criminal Procedure Act, which came into force in 2017 now lists a number of crimes that are deemed*

Assistant Public Prosecutor, Drug Unit / Public Prosecution, Prosecutor General Office, Maldives.
United Nations, Model Law on Legal Aid in Criminal Justice Systems with Commentaries (2017).
2
Constitution of the Republic of Maldives 2008, Arts. 20, 42, 48 and 51.
1

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RESOURCE MATERIAL SERIES No. 116
serious, namely the following:3(a) Murder;(b) Rape;(c) Child Sexual Abuse;(d) Terrorism and financing terrorism;(e) Money-laundering;(f) Human trafficking;(g) Drug trafficking;(h) Theft-related crimes (involving amounts with a value over MVR 100,000);(i) Corruption and bribery (involving amounts with a value over MVR 100,000);(j) Tax Evasion (Involving amounts with a value over MVR 500,000);(k) Engaging in assault using sharp objects or weapons resulting grievous bodily harm;(l) Rioting, coup d’etat related crimes and recruiting mercenaries;(m) Offences graded Class 1 and 2 felonies under the Penal Code and any offence with a sentence of morethan 10-years’ imprisonment.
The Act goes on to describe the right to legal aid to offenders, both during the investigation and the trial
process of their case. As such, S.51 of the Act mentions the general right to legal counsel during theinvestigation process. According to this section, if an accused who has been arrested or detained by thepolice for questioning without it amounting to an arrest, requests his right to legal counsel, the police must
give him the chance to appoint a lawyer, and must only question him in the presence of his lawyer. If thedetainee is accused of a serious offence and lacks the financial means to hire legal counsel, the section
mandates the State to appoint a public defender for them as per established regulations.
The right to legal counsel during the trial process is specified in S.114 of the Act. Under this section, thedefendant shall be informed of his right to legal counsel during the preliminary hearing. If the defendant
demands legal counsel, the court shall allow him 10 days to do so and order him to answer the charges onlywith his legal counsel present. If the defendant is charged of a serious criminal offence and lacks the financial
means to hire a lawyer, the court must allow him to appoint a lawyer from the State.
2. Legal Aid under the Juvenile Justice Act
Following the commencement of the Juvenile Justice Act in 2020, the government is also required toprovide state-funded legal aid to children who have been detained or arrested on suspicion of committing acriminal offence and are unable to engage a lawyer for any reason.4 Unlike, Article 53(b) of the Constitution,
the Juvenile Justice Act imposes no coverage restriction on the provision of state-funded legal aid. If legal
counsel cannot be arranged for a child accused of committing a crime who is arrested or detained, S.50(b) of
the Act now mandates the State to provide legal counsel.
3. State-Funded Legal Aid
Since 2009, the Constitutional responsibility of the government to provide state-funded legal aid has been
administered by the Attorney General’s Office (AGO).5 Since then, the AGO has been providing legal aid topeople who meet the criteria mentioned in Article 53(b) of the Constitution. Furthermore, the AGO has also
been fulfilling the State’s obligation to provide state-funded legal aid for cases that fall under the regime ofS.50(b) of the Juvenile Justice Act.
Therefore, although the concept of legal aid is to provide legal advice, assistance and representation at no
cost for those without sufficient means, state-funded legal aid administered by the AGO is only available in
the following two areas:•

3

Persons accused of or charged with a serious criminal offence who are unable to afford to engage alawyer pursuant to Article 53(b) of the Constitution and S.51(e) of the Criminal Procedure Act;

Criminal Procedure Act (law no: 12/2016), s.22.
Juvenile Justice Act (Law no: 18/2019) s.50(b).
5UNDP Maldives Report, “Options for Legal Aid Programming in the Maldives”, Working Paper Series, United Nations, 9.
414PARTICIPANTS’ PAPERS•

Children who have been detained or arrested on suspicion of committing a criminal offence and are
unable to engage a lawyer for any reason pursuant to s.50(b) of the Juvenile Justice Act.

B. Legal Aid to Victims
While the Constitution provides state-funded legal aid for offenders charged with serious crimes, there is,unfortunately, no obligation on the State to provide such services for victims of such crimes. Following thecommencement of Domestic Violence Act,6 the State is now responsible for the provision of legal assistanceupon request to those victims of domestic violence without the financial means. In practice, however, there
is no functional mechanism for legal aid delivery for victims by the State. Luckily though, there are at leasta few NGOs providing legal aid services for domestic violence, sexual and other abuse.7 Among the few are
the following NGOs:•

Advocacy and Legal Advice Centre: Established in 2012 to provide free legal advice to victims andwitnesses of corruption. The Centre also provided services to vulnerable expats in the Maldives.8•

Family Legal Clinic: Founded in 2014 and registered as an Independent NGO in 2017 provides legal
aid for victims of domestic violence and other forms of abuse.9

III. THE CHALLENGES IN ADMINISTERING LEGAL AID
While legal aid is a fundamental component of access to justice, like many other countries, the Maldivesalso face a number of challenges to accomplish this constitutional obligation.  The Attorney General’s Office,being the authority charged with procuring legal aid in the Maldives, have noted the main challenges they
face to facilitate it. Below are some of these issues.10
A. Stigmatization
Often times defence lawyers are stigmatized within the society, discouraging them from representing
individuals’ charged with major crimes. It was reported by stakeholders that in 2011–2012, the Attorney
General’s Office was unable to find a lawyer in a total of six cases. The reasons provided by the Attorney
General’s Office for this lapse included the fact that lawyers did not want to defend persons accused ofparticularly heinous or unpopular crimes such as mothers killing their children and persons killing police
officers.11
B. Geographical Gap
Due to the physical setting of the country, many fundamental services were largely limited to the capitalcity, Malé. There were no law firms and a very small number of practicing lawyers in the islands. Although
this reality has not changed much, there are a few registered law firms in some of the islands now.12
Furthermore, in order to ensure continuity of essential judicial services during the Covid-19 pandemic, theMaldives successfully introduced remote judicial services in the Maldives, moving a step forward in closing
the geographical gap.
C. Unable to Monitor the Service
The lack of a proper legislative provision on issues such as a Legal Aid Act has vastly contributed to the6

Domestic Violence Act (law no: 3/2012), s.64.
Hassan Haneef, “Easy Access to Justice for all Including Vulnerable Persons in Maldives”, United Nations Asia andFar East Institute for the Prevention of Crime and the Treatment of Offenders, Resource Material Series No. 105 (168thInternational Senior Seminar, Participant Paper, September 2018) <https://www.unafei.or.jp/publications/pdf/RS_No105/
No105_18_IP_Maldives.pdf> accessed 11 October 2022.
8
Marium Jabyn, “Advancing Justice Interests and Human Rights of Vulnerable Groups through clinical Legal Education” [2020]
Jinda Global Law Review 272.
9
Ibid.
10
UNDP Maldives Report, “Options for Legal Aid Programming in the Maldives”, Working Paper Series, United Nations, 9.
11
Ibid.
12
Bar Council of the Maldives < https://maldivesbarcouncil.org/legal-practices-and-law-firms/> accessed 11 October 2022.
7

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RESOURCE MATERIAL SERIES No. 116
failure of regulating and monitoring the legal aid service. At present, the Regulation on the Provision of LegalCounsel13 by the State is the only provision that covers the current regulatory measures on this area but it
fails to address many imperative issues.
D. Lack of Competitive Fees
The monthly remuneration paid to the lawyers hired by the State for the purpose of legal aid is significantly
low compared to what a defence lawyer charges per case. This has led most lawyers to choose to work in
private practice, making it challenging for the State to recruit state-appointed lawyers for the eligible
individuals.
E. Lack of Public Awareness about Legal Aid
In order for people to avail themselves of legal aid services, they must be fully aware of their right to astate-appointed lawyer. Particularly, the people living on small islands and vulnerable populations everywhere
are known to be less aware of their rights. Although an accused’s right to a lawyer is guaranteed during theinvestigation process and by the Courts, the lack of knowledge on how the legal aid system works is one of
the major challenges faced by the State to provide legal aid services in the Maldives. In order for people toavail themselves of legal aid services, they must be fully aware of their right to a state-appointed lawyer.

IV. CONCLUSION
Undoubtedly, the legal aid frameworks and the Maldivian legal system in general have undergone notabletransformations since 2008. In terms of the legal aid mechanism for instance, from not having a single statutethat enumerates the type of offences that qualify for state-funded legal aid since 2009 to having at least aregulation that now provides guidance on the provision of state-funded legal aid. However, in order to further
enhance the quality of legal aid services, it is important that a comprehensive Legal Aid Act that covers all
the aspects of the legal aid service be enacted to ensure that both the legal aid providers as well as therecipient of it have a clear and comprehensive understanding of the system, thus, addressing the lack ofpublic awareness of the legal aid system.

13

Regulation on the Provision of Legal Counsel by the State (Regulation no: 2021/R-4).

16

PARTICIPANTS’ PAPERSLEGAL AID IN CRIMINAL JUSTICE IN VIET NAM
Luong Thi Van*

I. REGULATIONS ON LEGAL AID IN CRIMINAL JUSTICEIn Viet Nam, before 1997, the right to legal aid was generally recognized in the right to a defence. The
right to a defence is a constitutional right recognized in all versions of the Vietnamese constitutions. The
2013 Constitution stipulates: “Any person who has been arrested, held in custody, temporarily detained,
prosecuted, investigated, charged or brought to trial in violation of the law has the right to self-defend or toseek the assistance of defence from lawyers or other people” (Clause 4 of Article 31) and for the first time
recognizes: “The adversarial principle shall be guaranteed in trials” (Clause 5 of Article 103).
On 6 September 1997, the Prime Minister issued Decision No. 734/TTg on the establishment oforganizations providing pro bono legal services for the poor and policy beneficiaries, creating an important
legal basis for the emergence and development of a system of legal aid organizations. To flesh out Decision
No. 734/TTg, the Ministry of Justice promulgated and coordinated with other ministries and branches inpromulgating 15 legal documents quite comprehensively regulating legal aid organizations and activities;
guiding the establishment, organization and operation of legal aid organizations and their payroll, personnel
and material foundations; subjects, scope and domains of legal aid; building and development of a contingentof legal aid collaborators; management of legal aid and professional operations; and funding for legal aid
activities.
On 29 June 2006, a historic step forward in legislative activities in the field of legal aid was that the
National Assembly passed the Law on Legal Aid, raising the institutional level from the Prime Minister’s
Decision. The introduction of this Act consistently demonstrated the Party and State’s policy in providing
legal aid and legal support to protect citizens’ legitimate rights and interests, especially the disadvantaged
ones.
However, facing the new development requirements of the country, the implementation of the 2013
Constitution and many important new laws promulgated by the National Assembly, requirements for
institutional modification to improve the quality of legal aid were raised. Therefore, on 20 June 2017, the XIV
National Assembly approved the new Law on Legal Aid. The introduction of the Law on Legal Aid in 2017
marked an important milestone in perfecting the institution of legal aid in particular and implementing the2013 Constitution on human rights, basic rights and obligations of citizens in general, thereby continuing toaffirm that legal aid is an important element in the criminal justice system and the responsibility of the Statein ensuring human rights and citizens’ rights for legal aid beneficiaries.
The Criminal Procedure Code is an important legal document that is closely related to legal aid activities.
Article 16 of the Criminal Procedure Code 2015 stipulates:
An accused person is entitled to defend himself or be defended by a lawyer or another person.
Competent procedural authorities and persons are responsible for informing accused persons,defendants and litigants of all of their rights of defence, legitimate rights and benefits according
to this Law. Moreover, competent procedural authorities and persons shall provide explanations
and guarantee the implementation of all of such rights and benefits.
It can be said that this is an important principle for legal aid institutions. To ensure this principle, theCriminal Procedure Code 2015 has a number of provisions on legal aid such as: (1) Supplementing the* Legal Official, Department of Judicial Support, Ministry of Justice of Viet Nam.

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category of advocates as legal assistants to defend free of charge for policy beneficiaries; (2) Specifying the
responsibilities of the procedure-conducting agency related to the guarantee of the right to legal aid specified
in Article 71 (Responsibilities for announcement and explanation of rights and duties of participants inproceedings and assurance of their execution of such obligations and rights), Article 76 (Appointment ofdefence counsel) and articles related to assuring the rights and obligations of procedure participants; (3)Supplementing regulations on principles of conducting proceedings against persons under 18 years old(Article 414), including ensuring the right to a defence and legal aid.
At the same time, the Law on Temporary Detention and Custody also stipulates the rights and obligationsof persons held in custody and temporary detention to receive instructions and explanation and exercise
self-defence, ask for the appointment of defence counsel and legal aid (Point dd, Clause 1, Article 9).
To solidify the above provisions of the Law on Legal Aid, the Criminal Procedure Code, the Law on
Temporary Detention and Custody, in order to ensure the right to legal aid of persons arrested, detained andaccused, ministries have issued many specific guiding circulars such as the Circular of the Ministry of Public
Security,1 the Joint Circular of the Ministry of Justice, the Ministry of Public Security, the Ministry of
National Defence, the Ministry of Finance, the Supreme People’s Procuracy and the Supreme People’s Court.2
Up to now, it can be said that the legal framework on legal aid in criminal justice has been relatively
comprehensive, further affirming that legal aid is a legal institution associated with judicial institutions,establishing the State’s responsibility in ensuring human rights and citizenship for the disadvantaged groups
who cannot afford legal services and policy beneficiaries who need attention and help in specific cases
directly related to their legitimate rights and interests.

II. LEGAL AID PROVIDERS AND THEIR ROLE IN CRIMINAL JUSTICE:LEGAL AID BENEFICIARIES; FIELDS AND FORMS OF LEGAL AID PROVISION
A. Legal Aid Providers and Their Role in Criminal Justice
1. 	The Law on Legal Aid
According to the Law on Legal Aid, legal aid-providing organizations are state legal aid centres andorganizations participating in legal aid provision (including law-practicing organizations and legal counsellingorganizations signing legal aid contracts or registering to participate in legal aid provision in accordance with
Law on Legal Aid).
Legal aid-providing persons include: (i) legal aid officers; (ii) lawyers providing legal aid under contracts
signed with state legal aid centres; and lawyers providing legal aid as assigned by organizations participatingin legal aid provision; (iii) legal counsellors with at least two years’ experience in legal counselling inorganizations participating in legal aid provision; and (iv) legal aid collaborators.
2. 	The Law on Lawyers
In addition to the Law on Legal Aid, the Law on Lawyers also stipulates that lawyers have an obligation
to provide pro bono legal aid (at least four hours per year). Legal aid activities of lawyers according to the
Law on Lawyers are different from legal aid activities according to the Law on Legal Aid. Providing pro bono
legal aid to legal aid beneficiaries is not only an obligation but also a professional ethic of lawyers.
3. 	Role of Legal Aid Officers and Lawyers Providing Pro Bono Legal Aid in Criminal JusticeThe 2015 Criminal Procedure Code stipulates that legal assistants and lawyers have the following roles:(1) a defence counsel (Article 72), (2) a defender for the legitimate rights and interests of persons facing
accusations or requisitions for charges (Article 83), and (3) a defender for the legitimate rights and interestsof crime victims or litigants (Article 84).
1

Circular No. 46/2019/TT-BCA, dated 10 October 2019, by the Minister of Public Security.
Joint Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC, dated 29 June 2018, issued jointly by Ministryof Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's
Procuracy and the Supreme People's Court.
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B. Legal Aid Beneficiaries
According to the Law on Legal Aid, there are 14 groups of legal aid beneficiaries: (1) People withmeritorious service to the revolution; (2) members of poor households; (3) children; (4) ethnic minority people
residing in areas with extremely difficult socio-economic conditions; (5) the accused who are aged between
16 years and under 18 years; (6) the accused who are members of households living just above the poverty
line; (7) people experiencing financial difficulties who fall into one of the following cases: (i) natural parents,
spouses or children of fallen heroes or persons nurturing fallen heroes during their childhood; (ii) agent
orange victims; (iii) the elderly; (iv) people with disabilities; (v) victims in criminal cases who are aged
between 16 years and under 18 years; (vi) victims of domestic violence cases or matters; (vii) victims ofhuman trafficking under the Law on Human Trafficking Prevention and Combat; (viii) HIV-infected people.
C. Fields and Forms of Legal Aid Provision
In Viet Nam, legal aid is provided in law-related fields, except the fields of trade and commerce. Formsof legal aid provision include: (1) participation in legal proceedings; (2) legal counselling; (3) representation
beyond legal proceedings.

III. RESULTS OF LEGAL AID IMPLEMENTATION IN CRIMINAL JUSTICE
According to Report No. 141/BC - BTP, dated 14 July 2021, by the Ministry of Justice on the preliminary
review on five years of implementation of the Legal Aid Innovation Project for the period 2015–2025, from2016 to 2020, there were 310,081 legal aid cases nationwide, including 92,082 cases involving legal proceedings(accounting for 29.7 per cent of the total number of cases). The number of cases involving legal proceedings
increased gradually over the years (2016: 10,937 cases, 2017: 15,519 cases, 2018: 16,886 cases, 2019: 21,244
cases, 2020: 27,496 cases). In 2021 and 2022, despite the impact of the Covid-19 pandemic, legal aid providers
continue to exhaust all solutions and combine great efforts to achieve the core goal of carrying out the casewith high quality. As a result, the number of legal aid cases, especially those in legal proceedings in 2021,
2022 increased and reached the highest level ever since (33,1273 cases in 2021 and 32,0814 cases in 2022).
The quality of legal aid services has improved. Many cases of legal proceedings are effectively implemented
by legal aid providers with many cases being sentenced to lighter sentences or transferring crimes orchanging the penalty frame to a lower level than recommended by the People’s Procuracy. The participationof the legal aid providers team at procedure-conducting agencies assists the procedure-conducting agencies
and proceedings-conducting persons to objectively investigate, prosecute and adjudicate, handing out
sentences to the right person for the right crime and in accordance with the law. For legal aid beneficiaries
who are the accused or defendants, the case which involves legal aid providers helps them maintain peaceof mind and confidence because they have spiritual support and legal help. This result is demonstrated in theincreasing rate of successful and effective cases, the number of criminal cases accepted by the Trial Panelwith favourable circumstances for the defendant at the request of the legal aid officer, the assessment andrecognition of the procedure-conducting agencies and proceedings-conducting persons. According to statistics,
from 2018 (the year the Law on Legal Aid 2017 took effect) to the end of the first six months of 2020, 62 of
63 provinces had 8,389 successful and effective cases (accounting for 27.84 per cent5 of the total number ofcases of legal proceedings).
According to the report of the Vietnam Bar Federation, the number of legal aid cases (without divisionof field) that lawyers had performed from 2015 to 2022 is as follows: 7,250 (2015); 85,320 (2016); 18,022 (2017);
20,692 (2018); 12,835 (2019); 17,877 (2020), 7329 (2021); 10998 (2022 – reports from 50 of 63 Bar Associations).

3
Report No. 90/BC-CTGPL, dated 1 March 2022, by the Legal Aid Department, Ministry of Justice on summarizing legal aid
innovation in 2021 and tasks and working solutions in 2022.
4
https://tgpl.moj.gov.vn/Pages/chi-tiet-tin.aspx?ItemID=1920&l=Nghiencuutraodoi
5Report No. 141/BC - BTP, dated 14 July 2021, by the Ministry of Justice on the preliminary review of 5 years of
implementation of the Project of Legal aid Innovation for the period 2015-2025.

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IV. GENERAL AND PARTICULAR DIFFICULTIES AND CONCERNS RELATED TOLEGAL AID IN CRIMINAL JUSTICE FOR OFFENDERS AND VICTIMSFirstly, people’s ability to access legal aid services is still limited, so the annual number of legal aid cases
is still low compared to the number of people eligible for legal aid.
Secondly, there are legal restrictions to legal aid:
- 	 The right to legal aid has not been stipulated in the Constitution, so some legal aid providers andbeneficiaries are not deeply aware of the concept of legal aid in the proceedings, the right to receive
legal aid, and the responsibility of the competent authorities, especially the agency conducting theproceedings in ensuring the above right. Therefore, it is not possible to coordinate and create conditions
for legal aid practitioners, legal aid providing organizations and legal aid beneficiaries in ensuring theimplementation of legal aid rights of the beneficiaries.
- 	 The implementation of provisions of procedural codes and laws related to legal aid beneficiaries is not
as effective as intended.
Thirdly, although the quantity and quality of legal aid providers have been improved, they still cannot
meet the people’s legal aid demand. There are only 668 legal aid officers in 63 legal aid centres.
Fourthly, many organizations and individuals have not been mobilized to participate in legal aid activities
according to the provisions of the Law on Legal Aid (currently there are only 667 of 17,284 lawyers, 159 of
5,000 law-practicing organizations, 39 of 200 legal consultancy centres nationwide participating in legal aid
while lawyers and legal consultants have lots of knowledge and skills in legal aid in criminal justice for bothoffenders and victims).
Fifthly, although the beneficiaries of legal aid have been expanded (from 6 groups of beneficiaries to 14
groups of beneficiaries, according to the Law on Legal Aid 2017), those who are not eligible for legal aid
according to the provisions of the Law on Legal Aid and cannot afford to hire a lawyer to protect theirlegitimate rights and interests make up the majority of the population.
Moreover, in some criminal cases, particularly serious cases falling under the jurisdiction of provinciallevel investigating agencies, where the accused are the beneficiaries of legal aid, defence counsel must be
appointed according to regulations. According to the Criminal Procedure Code 2015, the investigating agency
often requests both the State Legal Aid Centre and the Bar Association to appoint defence counsel for theaccused. That leads to the case of both defence cases where the Centre and the Bar Association participate
in pro bono defence for the same beneficiaries in a case. In cases with a large number of defendants, thenumber of lawyers and legal aid officers involved is quite large, causing a waste of state resources (costs ofremuneration for defence counsel from the state budget).

V. SOME ORIENTATIONS AND SOLUTIONS
A. Enhancing Access to Legal Aid Services for People- 	 Researching the implementation of a mechanism for legal aid providers to be on duty at headquarters
or by phone at a number of procedure-conducting agencies (police, courts) so that persons held incustody, accused and defendants can get early access to legal aid.
- 	 Set up and maintain a hotline on legal aid so that the legal aid beneficiaries can call whenever there isa dispute or legal problem.
- 	 Promoting the propagation and dissemination of information on legal aid to the people, to help people
access and directly enjoy their rights as prescribed by law; diversifying and innovating/creating
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PARTICIPANTS’ PAPERS
methods of communication about legal aid (via newspapers, radio, television, internet; drawing/acting
plays to introduce legal aid; etc.) which are suitable for each specific area, people's intellectual level,
especially suitable for ethnic minority groups.
B. Amending and Supplementing a Number of Provisions of the Law Related to Criminal Proceedings- 	 The right to legal aid should be recognized in the constitution.
- 	 It is necessary to stipulate the time and procedures for the legal aid to participate as the defender forthe legitimate rights and interests, especially the defender for the legitimate rights and interests ofthe denounced person, the accused person, person subject to prosecution. While the Criminal Procedure
Code 2015 clearly stipulates the time when the defence counsel participate in the defence, theregulations on the time and procedures for becoming a defender for the legitimate rights and interests
are not detailed, especially in the case of a defender for the legitimate rights and interests of thedenounced person or the person subject to prosecution.
C. Strengthen Training and Education in Order to Develop Legal Aid Resources; Improve the Qualityof Legal aid Providers
Legal assistants who perform procedures in criminal cases not only help legal aid beneficiaries in termsof legal matters, but also help and encourage them to overcome psychological crises. Therefore, in order toenhance the role of legal aid in participating in criminal proceedings and to protect the rights and bestinterests of legal aid beneficiaries, it is necessary to do the following:- 	 Organizing training courses, experience sharing seminars, workshops and other forms to improve thecapacity of legal aid providers (including legal aid officers, legal aid collaborators, legal consultants andlawyers participating in legal aid), improve the researching skills of case files, improve questioning
skills to clarify the contents of the case, enhance the qualifications of the legal aid providers involvedin the case; equip those involved with experience using devices to store the information provided;
improve skills to collect documents and evidence related to the case; conduct in-depth study of unclear
or contradictory points of evidence, mitigating circumstances of criminal liability, motives, purposes,
causes and conditions of crime, identity of legal aid beneficiaries; and further prepare to attend thetrial thoroughly when participating in criminal proceedings. Legal assistants need to be familiar withthe procedures under the Criminal Procedure Code 2015 and fully participate in investigative activities
such as experimental investigation, scene examination, exhumation of corpses, distraint of property,
confrontation, identification etc. (The Ministry of Justice and Departments of Justice annually organize
many training courses for lawyers, legal aid providers and legal consultants in counselling skills andlegal support for offenders and victims. The lecturers are lawyers, legal experts with experience inthis field).
- 	 Coordinating with the Supreme People’s Court, the Supreme People's Procuracy and the Ministry of
Public Security to select appropriate topics to train and draw experience on litigation trials in thespirit of judicial reform for legal aid providers and proceeding-conducting persons. Especially, training
them with specific skills and experiences to work effectively with subjects with specific psychologicalcharacteristics such as: the accused who are aged between 16 years and under 18 years; the accused
who are members of households living just above the poverty line; victims in criminal cases who are
aged between 16 years and under 18 years; victims of domestic violence cases or matters; victims ofhuman trafficking under the Law on Human Trafficking Prevention and Combat etc.; gendermainstreaming skills in legal aid implementation.
D. Attracting Social Resources- 	 Continue to study processes and procedures to create favourable conditions for law-practicing
organizations, reputable and experienced legal consultancy centres to participate in legal aid; amending
regulations on signing legal aid performance contracts in the direction of simplifying procedures andorder for selecting and signing legal aid performance contracts. At the same time, the study has
specific regulations to honour agencies, organizations and individuals participating and contributing tolegal aid activities.
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RESOURCE MATERIAL SERIES No. 116- 	 Coordinating with socio-political, socio-political-professional organizations, socio-professionalorganizations (such as the Vietnam Lawyers Association, the Vietnam Bar Federation, Vietnam
Association for Protection of Child Rights, Vietnam Women's Union etc.) to have solutions to mobilize
and motivate members and members of the organization to contribute to the society throughparticipation in legal aid.
- 	 There should be coordination in the provision of legal aid according to the Law on Lawyers in orderto take advantage of legal aid resources and save the state budget.
E. International Cooperation
Strengthening and expanding cooperation relationships with countries and international organizations on
legal aid in general and legal aid in criminal justice in particular in various forms (technical assistance,
capacity-building, support resources etc.). In recent years, the Ministry of Justice has also received support
from a number of projects such as from the UNDP, UN Women, UNICEF, USAID etc.

22PART TWORESOURCE MATERIAL SERIES
No. 116Work Product of the Second International Training
Course on Building Inclusive Societies

UNAFEIREPORT OF THE COURSETHE SECOND INTERNATIONAL TRAINING COURSE ON BUILDINGINCLUSIVE SOCIETIES“REHABILITATION AND SOCIAL REINTEGRATION OF OFFENDERSWITH SUBSTANCE USE DISORDERS”

1. Duration and Participants• From 8 to 20 March 2023
• 15 overseas participants from 10 countries (Belize, Brazil, Colombia, Egypt, Kenya, Maldives, Nepal,
Peru, Samoa and Sri Lanka)• 2 participants from Japan
2. Programme Overview
Goals 3, 16 and 17 of the 2030 Agenda for Sustainable Development (SDGs) seek to ensure healthy lives
for all at all ages and promote peaceful and inclusive societies, and this training course aims to promote therole of criminal justice in achieving such societies. This programme offered participants an opportunity toshare experiences and knowledge on effective measures to facilitate rehabilitation and social reintegration of
offenders with substance use disorders.
3. The Content of the Programme(1) 	Lectures
The following experts from overseas and Japanese experts, as well as UNAFEI faculty members, gave
lectures:••

Experts from overseas-

Dr. Wataru Kashino and Ms. Sanita Suhartono
Prevention, Treatment and Rehabilitation Section
United Nations Office on Drugs and Crime“Effective treatment interventions for people with substance use disorders in contact with thecriminal justice system”-

Ms. Ingunn Seim
Associate Programme Officer
Deputy Director of the Region West
The Norwegian Correctional Service“Alternatives to incarceration for offenders with substance use disorders in Norway”

Japanese experts-

Dr. KOBAYASHI Oji
Psychiatrist, Assistant Hospital Director
Kanagawa Psychiatric Centre“Basics of alcohol and drug addiction – Psychopathology and treatment”-

Mr. HIRAHATA Shohei
Deputy Director of the Supervision Division
Rehabilitation Bureau, Ministry of Justice of Japan“Community corrections for persons with substance use disorders”-

Ms. SUZUKI Rie
Official
Correction Bureau, Ministry of Justice of Japan
25

RESOURCE MATERIAL SERIES No. 116“Treatment for drug offenders in penal institutions”-

Dr. HARAI Hiroaki
Psychiatrist, Director
Harai Clinic“Motivational interviewing”-

Mr. SHIKANO Akira and Ms. NAKAMURA Mayumi
Tokyo Metropolitan Chubu General Mental Health Welfare Center“Efforts for measures against drug and alcohol dependence in Tokyo”-

Mr. KATO Takashi
Director, Hachioji DARC
“Activities and community cooperation of the Hachioji DARC”(2) Individual Presentations
All participants made presentations on the systems, practices and challenges related to rehabilitationand social reintegration of offenders with substance use disorders in their respective countries. In responseto each presentation, questions were asked by participants and a lively Q&A session took place.
(3) Group Workshops (Case Study)
Participants were divided into two groups. The participants discussed a fictional case of a female
offender with substance use disorders and explored appropriate interventions for offenders with substanceuse disorders for rehabilitation and social reintegration, which is the main topic of this training programme.
The 23-year-old female named “X” in the fictional case used illicit drugs. Based on the facts of the case,one of the following two topics was allocated to each group to discuss: (i) Appropriate criminal justicedispositions for X considering her rehabilitation and reintegration and (ii) Appropriate treatment andinterventions to facilitate X’s rehabilitation and reintegration. The results of the discussion were presented
by each group.
The discussions of each group referred to their knowledge gained from the lectures in the training
programme and their professional experience. The participants constructively discussed and explored thebest practices that could be applied to the case, making the most of their respective expertise.
(4) Dialogue with Volunteer Probation Officers (Hogoshi)
A session to listen to Japanese Volunteer Probation Officers’ (Hogoshi) experience was held. The
participants were divided into two groups, and two hogoshi joined each group. Hogoshi shared theirexperiences supporting rehabilitation of offenders as community volunteers and took many questions
from the participants.
(5) Observation Visits
The participants visited Fuchu prison and a halfway house named Shinsai-kai, where they toured thefacility, learned how it is managed and learned about rehabilitation and social reintegration programmes
for offenders, including those with substance use disorders.
4. Feedback from the Participants
We received a lot of positive feedback from the participants. They commented that each component of
the training programme was useful to improve practices in their country. They also were able to networkwith the participants from different countries.
5. Comments from the Programming Officer (Professor TANAKA Mii)
The main topic of the training programme was “Rehabilitation and Social Reintegration of Offenders with
Substance Use Disorders”. As substance use is a health issue, the programme included a wide range ofcontent, not only in criminal justice and offender rehabilitation, but also in psychology and psychiatry,practices by health care agencies and peer support organizations, and counselling techniques. Reflecting the26

REPORT OF THE COURSE
wide range of programme content, participants came from diverse backgrounds, including police officers,
prosecutors, judges, correctional officers, probation officers, psychologists and NGO staff. The rehabilitationof offenders with substance use disorders is an issue that requires multi-agency collaboration. The programmeallowed practitioners from different parts of the justice system to learn and discuss issues together, which
helped them realize the usefulness of such collaboration. The participants attended the lectures with great
enthusiasm, including some outside their own field of expertise. I hope the insights gained through thisprogramme will help them to improve the measures and practices for the rehabilitation and reintegration of
offenders with substance use disorders in their respective countries.

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VISITING EXPERTS’ PAPER
EFFECTIVE TREATMENT INTERVENTIONS FOR PEOPLE WITH
SUBSTANCE USE DISORDERS IN CONTACT WITH THE CRIMINALJUSTICE SYSTEM
Wataru Kashino*and Sanita Suhartono※

I. INTRODUCTION
This article is based on the publication “Treatment and care of people with drug use disorders in contact
with the criminal justice system: Alternatives to conviction or punishment”1 (UNODC/WHO, 2019), the draft
summary report on available measures based on an analysis of Note Verbale responses by UN Member
States to UNODC on “Alternatives to conviction or punishment available for people who use drugs and withdrug use disorders in contact with the criminal justice system”2 (UNODC, 2022), the 65th Commission on
Narcotic Drugs (CND) conference room paper on “Treatment of drug use disorders and associated mental
health disorders in prison settings and forensic hospitals”3 (UNODC, 2022), and the 66th CND conference
room paper on “Review of interventions to treat drug use disorders among girls and women in the criminal
justice system in low- and middle-income countries (UNODC, 2023).4
Enhancing prevention and treatment of drug use disorders while creating healthy, safe, and sustainablecommunities is in line with UNODC’s strategy 2021–2025 pillar on addressing the world drug problem. It isan essential demand reduction strategy that contributes to significant public health importance of the 2016
United Nations General Assembly Special Session (UNGASS) on the World Drug Problem outcome document5
and contributes to the overall achievement of Sustainable Development Goal (SDGs) 3,6 targeting goal 3.5(“Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful
use of alcohol”), and SDG 16,7 targeting especially goal 16.3 (“Promote the rule of law at the national and* Dr. Wataru Kashino is Programme Officer at the Prevention, Treatment and Rehabilitation Section at the United Nations
Office on Drugs and Crime. He can be contacted at wataru.kashino@un.org. The information and views set out in this article
are those of the author(s) and do not necessarily reflect the official opinion of the UNODC.
※
Ms. Sanita Suhartono is Associate Programme Officer at the Prevention, Treatment and Rehabilitation Section at theUnited Nations Office on Drugs and Crime. She can be contacted at sanita.suhartono@un.org. The information and views set
out in this article are those of the author(s) and do not necessarily reflect the official opinion of the UNODC.
1
United Nations Office on Drugs and Crime, UNODC and World Health Organization, WHO, “Treatment and Care of People
with Drug Use Disorders in Contact with the Criminal Justice System: Alternatives to Conviction or Punishment”, 2019,https://www.unodc.org/documents/drug-prevention-and-treatment/UNODC_WHO_Alternatives.pdf
2
United Nations Office on Drugs and Crime, UNODC, “Alternatives to Conviction or Punishment available for People
Who Use Drugs and with Drug Use Disorders in Contact with the Criminal Justice System. Draft Summary Report on
Available Measures Based on an Analysis of Note Verbale Responses by UN Member States to UNODC”, 2022, https://www.unodc.org/res/drug-prevention-and-treatment/publications_html/Report_on_NVs_on_Alternatives_to_Incarceration_
FINAL_0609221.pdf
3
United Nations Office on Drugs and Crime, UNODC, E/CN.7/2022/CRP.9, “Treatment of Drug Use Disorders andAssociated Mental Health Disorders in Prison Settings and Forensic Hospitals”, 2022, https://www.unodc.org/documents/
drug-prevention-and-treatment/UNODC_TX_in_Prisons_March22.pdf
4
United Nations Office on Drugs and Crime, UNODC, E/CN.7/2023/CRP.XX, “Review of interventions to treat drug use
disorders among girls and women in the criminal justice system in low- and middle-income countries”, 2023 (forthcoming)
5
United Nations Office on Drugs and Crime, UNODC, “Outcome Document of the 2016 United Nations General AssemblySpecial Session on the World Drug Problem. Our Joint Commitment to effectively addressing and countering the World Drug
Problem”, 2016, https: //www. unodc.org/documents/postungass2016/outcome/V1603301-E.pdf
6
United Nations Sustainable Development Knowledge Platform, SDG Goal 3 “Ensure healthy lives and promote well-being
for all at all ages” https://sustainabledevelopment.un.org/sdg3
7
United Nations Sustainable Development Knowledge Platform, SDG Goal 16 “Promote peaceful and inclusive societies forsustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at alllevels” https://sustainabledevelopment.un.org/sdg16

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RESOURCE MATERIAL SERIES No. 116
international level and ensure equal access to justice for all”) and 16.6 (“Develop effective, accountable andtransparent institutions at all levels”).
The United Nations Office on Drugs and Crime (UNODC) and the World Health Organization (WHO)initiative on “Treatment and Care of People with Drug Use Disorders in Contact with the Criminal Justice
System” was launched in 2016, in response to the Commission on Narcotic Drugs (CND) resolution 58/5
entitled “Supporting the collaboration of the public health and justice authorities in pursuing alternative
measures to conviction or punishment for appropriate drug related offences of a minor nature”.8 The initiative
aims at enhancing the knowledge, understanding, scope and potential for non-custodial alternative measures
to conviction or punishment for drug-related offences of a minor nature. As part of the initiative, UNODC
and WHO published a handbook on Alternatives to Conviction or Punishment” in 2019. Options of diverting
people with drug use disorders who are in contact with the criminal justice system to treatment are being
explored at a global level, in line with the international drug control conventions and other relevantinternational instruments, including human rights treaties and UN standards and norms in crime prevention
and criminal justice.9
Moreover, providing effective treatment interventions for people with drug use disorders in contact withthe criminal justice system, such as in prison settings responds to CND resolution 61/7 on “Addressing thespecific needs of vulnerable members of the society in response to the world drug problem”10 and the 2016
UNGASS Outcome Document that suggests United Nations (UN) Member States to “promote and strengthen
regional and international cooperation in developing and implementing treatment-related initiatives (…),
enhance technical cooperation and capacity-building and ensure non-discriminatory access to a broad range
of interventions, including psychosocial, behavioural and medication-assisted treatment, as appropriate andin accordance with national legislation, as well as to rehabilitation, social reintegration and recovery-support
programmes, including access to such services in prisons and after imprisonment (…)”.
Understanding that prison is a high-risk environment for many health threats, including drug use andassociated mental health disorders, the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) highlight the needs for equitable access to health care, including
mental health services and services for the treatment of drug use disorders.11 The provision of treatment ofdrug use disorders in prison settings, as well as the integrated treatment of drug use disorders and related
mental health disorders, has been furthermore described in the UNODC/WHO “International Standards for
the Treatment of Drug Use Disorders”.12

II. GOBAL SITUATION WITH REGARD TO DRUG USE DISORDERS
IN THE CRIMINAL JUSTICE SYSTEM
According to the 2022 World Drug Report, there are currently about 284 million people worldwide whohave used drugs at least once in 2020, of which an estimated 36.7 million people suffer from drug use

8

United Nations Office on Drugs and Crime, UNODC, Commission on Narcotic Drugs (CND) resolution 58/5, ”Supportingthe collaboration of the public health and justice authorities in pursuing alternative measure to conviction or punishment for
appropriate drug related offences of a minor nature”, 2015, https://www.unodc.org/documents/commissions/CND/CND_
Sessions/CND_58/2015_Resolutions/Resolution_58_5.pdf
9
The United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules); the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)
10
United Nations Office on Drugs and Crime, UNODC, Commission on Narcotic Drugs (CND) resolution 61/7, “Addressing
the specific needs of vulnerable members of the society in response to the world drug problem”, 2018, https://www.unodc.
org/documents/commissions/CND/CND_Sessions/CND_61/CND_res2018/CND_Resolution_61_7.pdf
11
United Nations Office on Drugs and Crime, UNODC, “The United Nations Standard Minimum Rules for the Treatmentof Prisoners. (the Nelson Mandela Rules)”, 2015, https://www.unodc.org/documents/justice-and-prison-reform/GARESOLUTION/E_ebook.pdf
12
United Nations Office on Drugs and Crime, UNODC and World Health Organization, WHO, “International Standards for
the Treatment of Drug Use Disorders”, 2020, https://www.unodc.org/documents/drug-prevention-and-treatment/UNODCWHO_International_Standards_Treatment_Drug_Use_Disorders_April_2020.pdf

30

VISITING EXPERTS’ PAPER
disorders (UNODC, 2022).13 Cannabis remains the most used drug globally. Drug use disorders are a
multifactorial health disorder, associated with socio-economic inequalities, criminal behaviour and social
exclusion. They account for 31 million healthy lives lost due to disability and premature deaths (DALYs) in2019.
Although the majority of people using drugs is men, only 1 in 3 people using drugs is a woman. For thisreason, treatment services are primarily designed to cater to the male patient majority and females who use
drugs may not be adequately met. With increasing numbers of people using drugs, the treatment gap keeps
growing, only 1 in 8 people with drug use disorders have access to any form of treatment globally. In termsof women with drug use disorders, they continue to be underrepresented in drug treatment, as only 1 in 6
women have access to treatment globally. This proportion of women in drug treatment varied greatly acrossregions, influenced by factors such as the prevalence of substance use disorders among men and women,
accessibility and availability of treatment, as well as societal stigmas and additional barriers women may facewhen seeking treatment.
People with drug use disorders are often in contact with the criminal justice system, and many people inthe criminal justice system have a history of drug use disorder (UNODC, 2019). The 2020 World Drug Reportpresented data on an estimated number of people in the criminal justice system for drug-related offences.
There are about 3.1 million people arrested due to drug-related offences of which 61 per cent are arrested
due to drug possession for their personal use (UNODC, 2019).14 This data indicates that more people are incontact with the criminal justice system on drug possession charges globally and implies the need of noncustodial alternatives to conviction or punishment for people with drug use disorders and for key intervention
points and types of diversion programmes along the criminal justice continuum. Non-custodial measures as
an alternative to conviction or punishment are effective ways of treating people with drug use disorders in
the criminal justice system, and diversion mechanisms should be applied whenever appropriate.
According to the 2015 World Drug Report, people who use drugs that have a history of incarceration areaffected by increasing vulnerability to infectious diseases (UNODC, 2015).15 Drug use does not stop in thecriminal justice system or prison settings. Data from the 2017 World Drug Report confirms that the prevalenceof drug use in prison settings is higher than drug use among the general population (UNODC, 2017).16
Updated data from the 2019 World Drug Report confirms that 31 per cent of people have used any kind of
drugs during incarceration globally at least once and 19 per cent of those even in the past month, 16 per centof those have been reporting current use of cannabis and 10 per cent reporting heroin use (UNODC, 2019).
Moreover, people who inject drugs often represent a large part of the prison population (WHO, 2014).17
Currently, there are nearly twelve million people in prison globally with about one-third of the people inprison being unsentenced and a solid majority of countries worldwide are operating with overcrowded
prisons (UNODC, 2021).18 According to the 2019 World Drug Report, it is important to note that with 35 per
cent, there is a higher proportion of women than men, comparatively 19 per cent in prison for drug-related
offences (UNODC, 2019).19 Deeply concerning is also the rate of increase in the female prison population.
Although they only make up 10 per cent of the world’s prison population, they are increasing at a much
faster rate than the male population, as there has been a 50 per cent increase since 2000, compared to 18 percent for males in prisons (UNODC, 2021).18 Fortunately, there has been a drastic reversal in the trend from13

United Nations Office on Drugs and Crime, World Drug Report 2022. https://www.unodc.org/res/wdr2022/MS/WDR22_
Booklet_1.pdf
14
United Nations Office on Drugs and Crime, UNODC, World Drug Report, “Global Overview of Drug Demand and Supply”,
2019. https://wdr.unodc.org/wdr2019/prelaunch/WDR19_Booklet_2_DRUG_DEMAND.pdf
15
United Nations Office on Drugs and Crime, UNODC, World Drug Report, “Status and Trend Analysis of Illicit Drug
Markets”, 2015, https://www.unodc.org/documents/wdr2015/WDR15_Chapter_1.pdf
16
United Nations Office on Drugs and Crime, World Drug Report “Drug Demand and Supply” 2017. https://www.unodc.org/
wdr2017/index.html
17
United Nations Office on Drugs and Crime, World Drug Report “Drug Demand and Supply” 2017. https://www.unodc.org/
wdr2017/index.html
18
United Nations Office on Drugs and Crime, UNODC, Data Matters, 2021. https://www.unodc.org/documents/data-andanalysis/statistics/DataMatters1_prison.pdf
19
United Nations Office on Drugs and Crime, UNODC, World Drug Report, “Global Overview of Drug Demand and Supply”,
2019. https://wdr.unodc.org/wdr2019/prelaunch/WDR19_Booklet_2_DRUG_DEMAND.pdf

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RESOURCE MATERIAL SERIES No. 116
the preceding decades since the start of the Covid-19 pandemic. From 2019 to 2020, the global prison
population actually declined by around 4.7 per cent from about 11.8 million to 11.2 million people held inprison settings.20

III. DRUG USE DISORDER TREATMENT AS AN ALTERTNATIVETO CONVICTION OR PUNISHMENT
Individuals with drug use disorders who are in contact with the criminal justice system have complex
needs and require a range of interventions that address both their drug use disorder and other social andhealth needs. When people with drug use disorders commit an offence of a minor nature, non-custodial
measures for treatment, education or social reintegration should be applied as alternatives to conviction orpunishment or be applied in addition to conviction and punishment. Providing treatment as an alternative toconviction or punishment for people with drug use disorders who are in contact with the criminal justicesystem in appropriate cases, contributes to improving public health and public safety.
UNODC’s support in promoting non-custodial measures for people with drug use disorders in contact
with the criminal justice system, along all stages of the criminal justice continuum is in line with theinternational policy and legal frameworks mentioned above. Moving from a coercive to a cohesive approach
towards people with drug use disorders in contact with the criminal justice system requires the involvementof a multisectoral approach, including close collaboration among the health, social and justice sectors as well
as a concerted investment in evidence-based treatment services in the community.
Health is a fundamental right, indispensable for the exercise of other human rights. The right to healthextends to any person in contact with the criminal justice system and thus people with drug use disorders
who are in contact with the criminal justice system should be provided with effective treatment of drug use
disorders. The provision of treatment as an alternative to conviction or punishment, based on the international
drug control conventions, can be implemented in appropriate cases of a minor nature:• 	 Community: Parties shall take all practical measures for the prevention of abuse of drugs and for the
early identification, treatment, education, after-care, rehabilitation and social reintegration of thepersons involved• 	 Persons in contact with the criminal justice system: Parties may provide (those measures) either as analternative to conviction or punishment or in addition to conviction or punishment• 	 Cases of drug consumption-related offences and other cases of drug trafficking of a minor nature:
Parties shall measure those cases as an alternative to conviction or punishment
Treatment and care as an alternative to conviction or punishment has been implemented in different
countries and different legal systems. However, the process, time frame and key judicial actors, in particular
the roles of the prosecutor and the judge, can differ. A key task in implementing treatment and care requires
provision of appropriate sensitization and training to the key policymakers, practitioners and advocates fromdifferent sectors. Sensitization and capacity-building should also be offered within communities to reduce
stigma, both from the justice side as well as from the health side and strengthen a common understandingof drug use and drug use disorders, especially in the criminal justice setting.
Through the UNODC-WHO initiative and handbook on “Treatment and care for people with drug use
disorders in contact with the criminal justice system – alternatives to conviction or punishment”, sevenprinciples highlight the importance of using treatment and care strategies for individuals with drug use
disorders who come into contact with the justice system.

20

https://dataunodc.un.org/dp-prisons-persons-held

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VISITING EXPERTS’ PAPER
1) Drug use disorders are a public health concern requiring responses that are health-centred. Individuals
with drug use disorders should not be punished for their drug use disorder but be provided withappropriate treatment.
The right to health is a crucial aspect of drug policies, and promoting public health is a key part ofaddressing drug use disorders. Access to essential medicines and treatment, as well as the right to theprevention and treatment of diseases should be a universal right to health. However, due to varying levelsof capacity, the full realization of the right to health is achieved progressively, and significant gaps still exist
in the delivery of prevention, treatment and rehabilitation services for people with drug use disorders.
2) The use of alternatives to conviction or punishment at all stages of the criminal justice system foroffenders with drug use disorders, on the basis of an assessment using established criteria, should be
encouraged.
The criminal justice system should provide a range of non-custodial alternative measures at all stages ofthe process, considering the nature and gravity of the offence, offender background, and protection of victims
and society. Non-custodial alternatives are effective in reducing reoffending and promoting social reintegration,and international drug control conventions allow Member States to provide drug treatment and othermeasures as an alternative or addition to conviction or punishment. The selection of alternatives should bebased on established criteria related to the offence, offender, sentencing purpose and victim rights.
3) Proportionality is required at all stages of the diversion and supervision process.
Proportionality should be applied as a guiding principle throughout the criminal justice process, such as
when deciding on the eligibility of an offender for diversion, the intensity and the length of supervision andthe responses to non-compliance or breaches of conditions.
4) A diversion to treatment should be made with the informed consent of the offender.
The right to health includes the right to be free from torture, non-consensual treatment and experimentation.
This means that alternatives to conviction or punishment shall not involve non-consensual medical or
psychological experimentation or undue risk of physical or mental injury to the offender. In general, notreatment should be given to a patient without their informed consent, and nobody should be compelled toundergo medical treatment against their will, unless in an extreme acute emergency.
5) The implementation of alternatives to conviction or punishment should respect legal and procedural
safeguards.
The observance of legal and procedural safeguards for protecting the rights of individuals with drug use
disorders during the implementation of alternatives to conviction or punishment is crucial. Authorities must
adhere to relevant laws and define and prescribe the application of alternative measures and conditions forsupervision. Furthermore, special attention must be paid to respecting the rights to dignity and privacy, andindividuals should have the right to review decisions, seek recourse, and appeal against decisions to modify
or revoke alternatives. Lastly, the text emphasizes the importance of providing clear information to offenders
about their obligations and rights and conducting drug treatment only by trained professionals.
6) Specific attention to special groups and their access to treatment as an alternative to conviction orpunishment is required to avoid discrimination.
This principle highlights the importance of giving specific attention to the particular needs of various
population groups such as women, young adults, persons with co-occurring mental health and drug use
disorders, persons with cognitive and intellectual disabilities, and racial and ethnic minorities. Nondiscrimination principles require adopting specific measures to eliminate existing forms of discrimination
faced by particular groups in areas such as justice or health. For instance, women offenders and prisoners
have unique needs that are often not adequately met by criminal justice systems dealing with male offenders,and gender-specific options should be implemented. Women with drug use disorders should be diverted orreferred to gender-sensitive, trauma-informed treatment programmes, and residential treatment should
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RESOURCE MATERIAL SERIES No. 116
either be women-only or have gender segregation to increase safety and enhance outcomes.
7) Prisoners with drug use disorders may not be deprived of their right to health and are entitled to thesame level of treatment as the general population.
The last principle emphasizes that even when individuals with drug use disorders are in prison, they still
have the right to receive health care, which is the State’s responsibility. They should have access to necessary
health care services without discrimination, and these services should be organized in a way that ensurescontinuity of treatment and care, including for infectious diseases and mental and behavioural disorders. The
relationship between health care professionals and prisoners should be governed by the same ethical andprofessional standards as those applicable to patients in the community, including the adherence to prisoners’autonomy with regard to their own health and informed consent in the doctor-patient relationship.
Between 2016 and 2021, UNODC consulted Member States three times to gather different information on
non-custodial alternative measures to conviction or punishment for people with drug use disorders in contact
with the criminal justice system. In 2016, UNODC reached out to UN Member States to obtain information
on national responses with regard to justice and health collaboration on alternative measures to conviction
or punishment for appropriate drug-related offences of a minor nature through a Note Verbale (NV). In
December 2020, the Commission of the African Union, together with UNODC reached out especially toAfrican Union Member States to identify existing practices on alternatives to conviction or punishment forpeople with drug use disorders in contact with the criminal justice system through another Note Verbale
and lastly, in February 2021, UNODC invited UN Member States to provide information on existing national
tools on the collaboration of justice and health authorities with regard to alternatives measures to conviction
or punishment for appropriate drug-related offences of a minor nature and the roles of different professionalgroups that divert people with drug use disorders in contact with the criminal justice system in appropriate
cases at each stage of the criminal justice continuum, from pre-arrest to post-sentencing stage, through thelast Note Verbale.
Based on these, a draft summary of NV responses was prepared by UNODC to provide an overview ofexisting laws, legislation and practices between justice and health authorities on alternative measures toconviction or punishment for appropriate drug-related offences of a minor nature. The report highlights bothprogress and challenges in implementing the international drug conventions. Although Member States
generally agreed on the need for alternatives to conviction or punishment for people with drug use disorders
in contact with the criminal justice system, challenges in implementing these alternatives were highlighted,
such as the lack of availability to treatment for drug use disorders and limited infrastructure and insufficienttrained human resources for evidence-based assessment, treatment and supervision. To make non-custodial
alternatives for people with drug use disorders in contact with the criminal justice system work, they need
to be appropriately tailored to different groups and evaluated to demonstrate their effectiveness in achieving
positive health, social and justice outcomes. It is also important to have a multisectoral approach and support
from professionals and communities form the health, justice and social sectors, in establishing networks andmentoring programmes for sharing good practices and experiences between countries. More monitoring andevaluation efforts are needed to ensure that alternatives for people with drug use disorders in contact withthe criminal justice system are successfully used. Further, efforts must be made to develop legal frameworks
and national budgets to allow for a drug use disorder treatment infrastructure, in line with the UNODCWHO International Standards for the Treatment of Drug Use Disorders. Overall, there is a need to build on
the existing policy consensus and interest expressed by Member States to provide effective non-custodial
alternatives to conviction or punishment for those in need.
To further advance the UNODC-WHO’s initiative on “Treatment and care for people with drug use
disorders in contact with the criminal justice system”, UNODC has embarked on the development of detailed
principles for the implementation of treatment as an alternative at the various stages of the criminal justicesystem, highlighting the different roles of health, justice and relevant professionals.
To start identifying these principles, UNODC organized four informal preparatory consultations from2020 to 2022. The objective of these meetings was to outline options along the criminal justice continuum,
namely at pre-arrest, pre-trial, trial and post-trial stages. While gaps and opportunities have been identified
in implementing alternatives to conviction or punishment for people with drug use disorders in contact with34

VISITING EXPERTS’ PAPER
the criminal justice system along the different criminal justice stages, the principles will be developed after
a technical consultation that will be held in 2023, where all stages of the criminal justice continuum anddifferent professional groups will be considered.
Lastly, UNODC prepared a Conference Room Paper (CRP) which will be published at the upcoming 66th
CND on the “Review on interventions to treat drug use disorders among girls and women in the criminal
justice system in low-and middle-income countries”, due to the unique needs of women with drug use
disorders including those in criminal justice systems. Women with drug use disorders should be diverted orreferred to gender-sensitive, trauma-informed drug treatment programmes, and if residential treatment isneeded, they should either be women-only or consider gender segregation to increase safety and enhanceoutcomes.
The findings of this study indicated a public health concern for girls and women with drug use disorders
who are involved with the criminal justice system. For those girls and women who come into contact withthe criminal justice system, screening for substance use disorders should take place immediately. They
should also be considered for alternatives to punishment or conviction, and gender-sensitive and traumainformed treatment should be provided and evaluated for its effectiveness. While this study has summarized
available findings on drug use disorders among women and girls in the criminal justice system, data from
low-and-middle-income countries (LMIC) are limited. Therefore, further research is necessary to understandthe factors that influence drug use and to develop effective interventions for this population, especially in
low-and-middle income countries.
The report aimed to investigate the factors influencing drug use, including alcohol and tobacco use, in
women and young girls who have had contact with the criminal justice system and live in LMIC. Available
evidence of interventions targeting drug use and related harms in this group were discussed. Evidence of
research in LMIC that include female cohorts was found in China and Thailand and studies providing
psychosocial interventions for drug use disorders treatment such as cognitive behavioural therapy (CBT)and peer-based support groups in LMIC show no positive impact on drug use, injecting risk behaviours or
sexual risk behaviours.
Government approaches and inter-agency cooperation within the criminal justice system were encouraged
to ensure that drug use among women and girls are addressed and Member States responses adequately
documented and evaluated. Additionally, development of national programmes that specifically target womenand their traumatic experiences influencing their drug use was recommended.

IV. TREATMENT OF DRUG USE AND ASSOCIATED MENTAL HEALTHDISORDERS IN PRISON SETTINGS
Prison overcrowding severely impacts the quality of nutrition, sanitation, activities of people held inprison settings, physical and mental health conditions, and the care available for vulnerable groups in prison
settings. Applying alternatives to conviction or punishment for people with drug use disorders in contact
with the criminal justice system should be the first priority for all Member States. When alternatives toconviction or punishment are used to replace imprisonment, they contribute directly to the reduction of theprison population. A further advantage of using alternatives to imprisonment is that they can help reduce
reoffending, and thereby lower the prison population in the long term. For people with drug use disorders incontact with the criminal justice system, treatment as an alternative to conviction or punishment can beapplied in all appropriate cases to benefit public health and public safety. Moreover, drug treatment is morecost-effective than imprisonment.
The global prison population is on the rise, which poses serious negative health and social consequences
including financial challenges for governments. It is estimated that around 10 to 50 per cent of all people held
in prison have a drug use disorder. The rate of imprisonment varies across different regions, with some areas
having higher rates of drug use and infectious diseases like HIV and tuberculosis among people held in prison
settings. This makes them more vulnerable to health risks compared to the general population.

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The Covid-19 pandemic has drastically shifted attention towards the issue of prison overcrowding.
According to a global analysis, nearly 550,000 people held in prisons have contracted Covid-19 in 122 countries.
Globally, close to 4,000 fatalities of people held in prison settings due to Covid-19 occurred in 47 countries.21
In response to the pandemic, some prisons limited recreation, work opportunities and visitation rights – allessential components of rehabilitation programmes. Some countries opted to release people in prison settings
at least temporarily, as prevention measures were difficult to implement, especially when they are
overcrowded. Large numbers of people in custody, particularly people in remand, or the pre-trial stage, andthose convicted of non-violent offences were among those released early. Since March 2020, at least 700,000
persons around the globe – or roughly 6 per cent of the estimated global prison population – have beenauthorized or considered eligible for release through emergency release mechanisms adopted by 119 Member
States.
While criminal sanctions no doubt deter some people from drug use, those with more severe drug use
disorders are relatively insensitive to the threat of criminal sanctions, and higher incarceration rates havenot led to reduced drug use in the community. At the same time, incarceration has severe negative
consequences for people with drug use disorders, their families and their communities, and incarceration canworsen the underlying health and social conditions associated with drug use. Above all, imprisonment should
always be a measure of last resort and community-based interventions for people with drug use disorders,
including those in contact with the criminal justice system, should always be considered.
UNODC supports Member States in addressing treatment of drug use and associated mental healthdisorders in prison settings, specifically for people with drug use disorders in contact with the criminal
justice system, who have committed a more serious crime and, due to the nature of their crime, alternatives
to conviction or punishment cannot be considered. Promoting appropriate, evidence-based drug use disorder
treatment services in prison settings, in line with the UNODC WHO International Standards for theTreatment of Drug Use Disorders, coordination should take place between the criminal justice system andhealth and social services.
Prison health is an integral part of public health, as the right to health extends to people in contact withthe criminal justice system, no matter the legal status of a person. This is in line with the UNODC Nelson
Mandela Rules, specifically rule 109 which states that individuals with severe mental disabilities or healthconditions should not be held in prisons and should be transferred to appropriate mental health facilities fortreatment. Furthermore, all prisoners who require psychiatric treatment should receive it from the healthcare service.
Evidence-based treatment of drug use disorders that seeks to promote a balanced, human rights-centred
and compassionate approach for individuals with drug use disorders contributes to the overall quality of careand outcomes for people with drug use disorders, including those in contact with the criminal justice system.
According to the UNODC-WHO International Standards for the Treatment of Drug Use Disorders, and inline with other international conventions, drug use disorders should be considered primarily as healthproblems rather than criminal behaviours and, as a rule, people with drug use disorders should be treated in
the health care system rather than the criminal justice system. Not all people with drug use disorders
commit crimes and, even if they do, these are typically low-level crimes committed to sustain their drug use.
Moreover, it is important to understand that drug use does not automatically lead to dependence.
In cases of drug use disorder treatment within prison settings, the criminal justice system shouldcollaborate closely with the health and social sectors to ensure that treatment for drug use disorders in thehealth care system takes precedence over criminal prosecution or imprisonment. Law enforcement, legal
practitioners and penitentiary or prison staff should receive appropriate training to effectively engage in andsupport drug use disorder treatment, rehabilitation and social reintegration. Upon prison release, providing
a continuum of care, such as effective continuous drug use disorder treatment, lowers the risk of relapse,
overdose death and reoffending. In all justice-related cases, people should receive the same health standards,
including treatment and care for drug use disorders, of a standard, equal quality as available in the community.
21

https://www.unodc.org/unodc/frontpage/2021/July/one-in-three-people-globally-imprisoned-without-trial--whileovercrowding-puts-prisoners-at-risk-of-contracting-covid-19--says-unodcs-first-global-research-on-imprisonment.html

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VISITING EXPERTS’ PAPER
In 2021, UNODC conducted an online and informal technical consultation on addressing treatment of druguse disorders and associated mental health disorders in prison settings, which brought together 120 experts
from 53 countries. Health and justice practitioners, researchers, policymakers, civil society, people with lived
experience, and representatives of regional and international organizations shared practices, challenges andneeds on drug use and associated mental health disorders in prison settings. This year, the UNODC-WHO
Informal Scientific Network is also preparing a statement of recommendations to be presented to policymakers
at the 66th CND plenary on how to strengthen treatment of substance use disorders in prison settings.
In both meetings, closing the overall treatment gap for people with drug use disorders and increasing theaccessibility of evidence-based treatment were underlined as key efforts to reduce substance use and criminal
justice contacts, as well as associated prison overcrowding. Thus, improving public health and public safety
in a synergic approach are beneficial for communities and prison settings. Pharmacological treatments for
opioid use disorders, including when offered in prison settings, are effective clinical interventions in reducing
substance use, related mortality and morbidity, as well as recidivism and reincarceration. Psychosocial
interventions such as cognitive behavioural therapy, contingency management, the community reinforcement
approach and therapeutic communities, including opioid overdose prevention trainings, were also consideredbeneficial.
Furthermore, UNODC conducted a literature review on the effectiveness of treatment options for druguse disorders in prison settings and forensic hospitals, soon to be published in the scientific journal Criminal
Justice and Behaviour. Its findings suggest that the coverage of treatment at a global level is low.
Lastly, during the 65th CND, UNODC published a CRP that reported on treatment of drug use andassociated mental health disorders in prison settings and forensic hospitals. Member States were asked: 1)
to share information on existing national level programmes, protocols and good practices addressing mental
health including the treatment of disorders/drug use disorders for people in prison settings and in forensic
hospitals; and 2) to provide relevant evaluation of research data on the effectiveness of such treatment formental health disorders and substance/drug use disorders in prison settings or in forensic hospitals. A totalof 35 countries submitted information in response to the NV.
Responses to the NV request showed that Member States acknowledge the need for a high-quality
response to drug use disorder treatment in prison settings. In particular, countries reported good practices
in relation to drug use disorder treatment for people in prison settings and confirmed that the principle ofequity is widely acknowledged. Countries provided an overview on inter-ministerial collaborations andsynergies. Despite this progress, the responses highlighted a number of challenges, including drug treatment
gaps and less common interventions.

V. CONCLUSIONUN Member States promote evidence-based treatment for people with drug use disorders in contact withthe criminal justice system in cases of a minor nature an alternative to conviction or punishment and formore severe crimes also in prison settings, in line with relevant international policy agreements. Good
practices were described by Member States but, overall, only with limited evaluation data on the outcomes.
More efforts on monitoring and evaluation to inform policymakers on the importance of evidence-based
treatment and care of drug use disorders for people in contact with the criminal justice system and associatedpublic health and public safety benefits is recommended. Member States acknowledged that imprisonment
by itself is ineffective in addressing drug use and drug use disorders. Alternatives to conviction or punishment,
therefore, are a crucial component of proportionate responses to certain criminal offences. They have thepotential to reduce reoffending, promote social reintegration and offer an opportunity to foster recovery fromdrug use disorders and a reduction in drug use and associated criminal behaviour.
The provision of treatment as an alternative to conviction or punishment can be implemented at allstages of the criminal justice process (pre-trial, trial, post-trial) in line with the International Conventions andother relevant legal documents as well as in coordination with the International Standards for Treatment ofDrug Use Disorders. It is widely recognized that imprisonment alone is not a sufficient solution for dealing
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with drug use and drug use disorders. Consequently, it is essential to have alternatives to conviction orpunishment as a significant part of appropriate measures for certain criminal offences. Such alternatives
have the potential to decrease recidivism rates, encourage social reintegration, and provide a chance forindividuals to recover from drug use disorders and reduce their drug use and related criminal conduct.
Universal health coverage and equity are critical concepts for quality prison health service, and cooperation
between health, justice and social services will ensure that people with drug use and associated mental
health disorders in prisons are not left behind.
Above all, imprisonment should always be a measure of last resort, and community-based interventions
for people with drug use disorders, including those in contact with the criminal justice system, should always
be considered. Prison-based drug treatment needs to be of the same standard as community-based
interventions and can only be effective if there is a continuity of treatment and care in the community. Noncustodial measures to increase access to drug dependence treatment, address prison overcrowding andreduce recidivism and alternatives to conviction or punishment are crucial for responding to the world drug
problem more effectively and proportionately. Multisectoral partnerships are crucial to promote both publichealth and public safety. UNODC will continue to support Member States in promoting alternatives toconviction or punishment, including as an integral part in prison health services.

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PARTICIPANTS’ PAPER
THE ROLE OF THE EGYPTIAN PUBLIC PROSECUTION IN SUPPORTING
THE TREATMENT AND REHABILITATION OF OFFENDERS WITH
SUBSTANCE USE DISORDERS
Ahmed Mahmoud Abdelbary Hamouda*

The Egyptian Public Prosecution in general and the Department of International Cooperation, Executionof Sentences, Care of Prisoners and Human Rights at the Office of the Prosecutor General in particular,
support the reintegration and rehabilitation of drug users, so that it works to support treatment instead ofpunishment. This comes through its role as the trustee of the criminal case, and in light of the national
strategy of the Egyptian State to confront the drug problem taking into account the recommendations of theUnited Nations, as the Arab Republic of Egypt is a member of the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and one of the first signatories to theConvention on 20 December 1988.1
The Egyptian Public Prosecution has a societal and preventive role, where the law empowers it toharmonize and appropriate in terms of working to support the treatment of drug users instead of bringing
the accused to criminal trial. It also works to propose general policies and plans for the treatment andcombating of addiction, which originates from its role as a member of the National Council and the Fund for
Combating and Treating Addiction, which will be clarified in more detail, but it must first be clarified: I. Whatis the Egyptian Public Prosecution, and II. What is the Department of International Cooperation Executionof Sentences and Care for Prisoners and Human Rights?

I. THE EGYPTIAN PUBLIC PROSECUTION
Article 184/1 of the Constitution of the Arab Republic of Egypt2 stipulates that “The judiciary is
independent”, and Article 189/1 added that “The public prosecution is an integral part of the judiciary.”
The Public Prosecution is a branch of the judicial authority, and it is the representative of society, and it
acts in the public interest. It seeks to fulfil the obligations of the law and has the powers of investigation,accusation and pleading. It is exclusively competent to file criminal cases and initiate its procedures within
the Arab Republic of Egypt before the competent authorities and courts. Its mission ends with the issuanceof a final judgment, whether of conviction or innocence. The Prosecutor General of the Arab Republic of
Egypt shall, in person or through a member of the Public Prosecution Office, initiate the criminal case asprescribed by law.
In addition, the Public Prosecution supervises prisons, judicial enforcement officers, and other places
where criminal judgments are executed or designated for the detention of detainees, by visiting them,examining their books, and contacting any imprisoned therein. As stipulated in Article 27 of the Judicial
Authority Law, “The Public Prosecution is responsible for supervising prisons and other places where
criminal sentences are executed”.
A. Functions of the Public Prosecution
Being a branch of the judiciary and a pillar of justice, the Public Prosecution is specialized in the following
tasks:* Chief Prosecutor at the Department of International Cooperation, Execution of Sentences, Care of Prisoners and Human
Rights at the Office of the Prosecutor General, Egypt.
1
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=VI-19&chapter=6&clang=_en
2
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.sis.gov.eg/UP/Dustor/Dustor-English002.pdf

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Conducting the preliminary investigation in the criminal case, referring it and following it up before
the court.

•

Supervising the judicial police officers.

•

Supervising the implementation of criminal judgments issued in criminal cases.

•

Supervising reform and rehabilitation centres (prisons).

•

Monitoring the application of the provisions of the Penal Code in an optimal manner in order toachieve respect and protection of human rights.

II. DEPARTMENT OF INTERNATIONAL COOPERATION,EXECUTION OF SENTENCES, AND CARE OF PRISONERS AND HUMAN RIGHTSIN THE OFFICE OF THE PROSECUTOR GENERALThe Department of International Cooperation in the Office of the Prosecutor General is concerned with
two tasks that are no less important than each other, one related to international cooperation and the otherrelated to the implementation of sentences and the care of prisoners within the Arab Republic of Egypt. We
refer to some of them as follows:
A. Competences Related to International Cooperation•

Preparing requests for the extradition or trial of the accused, and those sentenced to conviction who
are abroad, in cases of felonies or misdemeanours.

•

Issuing international arrest warrants.

•

Preparing mutual legal assistance requests to take legal or investigation procedures in a foreigncountry.

•

Representing the Public Prosecution in national, regional and international committees, meetings andconferences.

B. Competences Related to the Implementation of Sentences and the Care of Prisoners within the Arab
Republic of Egypt

40•

Correspondence related to addiction and drug treatment facilities and placement orders therein totake the necessary action in their regard, as well as the decisions issued to release the accuseddetained in the mentioned facilities; Follow up on addiction and abuse treatment facilities in which
detainees are kept and inquire about their recovery.

•

Deciding on detainees who committed crimes during the period of placement in addiction and abuse
treatment facilities for presentation to the competent court.

•

Correspondence related to mental health facilities and orders of placement in them to take thenecessary action in this regard, as well as decisions issued to release suspects who are detained in thementioned facilities.

•

Examination and deposit papers for the accused who were afflicted with a psychological or mental
illness after the commission of the crime and before sentencing to implement the procedures ofplacement and follow-up with the mental health facility in which the accused is detained, to inquire
about his or her recovery, and to notify the competent prosecution to deal with the case.

•

Requests to postpone the execution of the penalty restricting freedom if the convict suffers from aPARTICIPANTS’ PAPER
psychological or mental disorder before starting the execution.
•

Representing the Public Prosecution in the presence of a committee reviewing the justifications andreasons for placing people with mental or mental illness in mental health facilities, as well as thoseplaced in addiction and abuse treatment sanatoriums.

•

Competence in everything related to complaints of conditional release at the level of the Republic toconsider and examine them and take the necessary actions in this regard.

III. THE ROLE OF THE PUBLIC PROSECUTION IN SUPPORTING TREATMENT
AND REHABILITATIONThe Public Prosecution believes that treating and following-up on an addict until his or her recovery is
an inherent human right. In this regard, the Egyptian Public Prosecution is one of the most importantguarantor authorities for the effective enforcement of all international conventions, covenants, instruments
and protocols related to the promotion and protection of human rights to which Egypt is a party. The Public
Prosecution plays a vital and essential role in taking due criminal measures regarding investigation of theperpetrators and bringing them to criminal trial, while taking all necessary measures to assist and protect
the victims – both Egyptians and foreigners – as permitted by law and Egypt’s international obligations,taking into account the balance between the requirements of the security of society and the impunity of theperpetrators on one hand, and human rights and the principles of fair trial on the other hand.
The Public Prosecution has a role in working on rehabilitation and integration into society, and it stems
from its authority to assess the appropriateness of referring the criminal case to trial or not, and the Public
Prosecution has a supervisory role, as in the case of conditional release, in addition to its membership on thecommittee concerned with supervising those deposited in addiction treatment sanatoriums, adding to that,its role in participating in setting public policy regarding the treatment and combating of addiction andabuse.
The previous items will be covered below.
A. The Role of the Public Prosecution in Working to Rehabilitate and Integrate Drug Abusers into
Society
The Public Prosecution in Egypt is the trustee of the criminal case and has the appropriate discretion torefer the criminal case or not. From this point of view, the Public Prosecution works according to thisauthority to rehabilitate and integrate the abuser back into society, through the following:
The Public Prosecution Office works in cases of drug abuse to inform drug users of their rights and duties
and to support their treatment instead of bringing them to criminal trial, by interrogating them as patientsand not as suspects and encouraging them to speak and express their desire for treatment. When expressing
a desire for treatment, no criminal case shall be instituted against them, and in this case the drug user willremain under treatment in one of the sanatoriums established for this purpose to receive medical, psychologicaland social treatment until the committee decides otherwise, which has been stipulated in Article 37 bis (a)of the amended Law No. 182 of 1960 regarding drug control and regulation use and trade thereof.
It is clear from the foregoing that the Public Prosecution has the power not to file a criminal case against
a drug user in the event that he expresses a desire for treatment, as the Public Prosecution is keen to
support treatment instead of punishment, because treatment is more beneficial for the drug user and tosociety than punishment.
B. The Role of the Public Prosecution in Conditional Release
Conditional release means the release of a person sentenced to a penalty that restricts the person’s
freedom before the expiration of the entire period of the sentence, subject to conditions represented in
obligations imposed on the person and restricting the freedom, and this freedom depends on the fulfilmentof those obligations.
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In this sense, the conditional release is not considered an end to the sentence, but rather a mere modificationof the method of its implementation, in that the convict who is finally sentenced to a custodial sentence isreleased if part of the term of the sentence imposed is spent and certain conditions specified by the law are
fulfilled and there is no danger to public security from the person’s release.
A conditional release does not turn into a final release unless the remaining period of the sentence expires
without being cancelled. It is not a right for the convict, but rather a discretionary decision for the authority
authorized by the law to issue it, which is the Director General of Prisons.
The Public Prosecution is not the authority to issue the conditional release, but it is the one that works
to supervise its cancellation or not, in the event that the convict violates the conditions of the conditional
release, as stipulated in Article 59/1 of the Prisons Regulation Law No. 396 of 1956, “If the released person
violates the conditions set for release and does not fulfil the duties imposed on him / her, he / she will be
returned to prison to complete the remaining period of the sentence imposed”.
The Public Prosecution, if the prison administration is able to request the cancellation of the conditional
release, may refuse the cancellation if it finds out that the convicted person did not violate the requirementsof the conditional release.
It should be noted that the Department of International Cooperation and Human Rights in the Office of
the Prosecutor General is the one concerned with everything related to complaints of conditional release at
the level of the Republic to consider, examine and take the necessary action in this regard.

IV. SUPERVISING COMMITTEE FOR THOSE DEPOSITED
IN ADDICTION SANATORIUMS
The aforementioned drug control law, pursuant to Article 37, established a committee specialized insupervising those admitted to addiction treatment sanatoriums, and the formation of the committee wasspecified in Article 37 bis thereof, which states: “The committee shall be formed in each governorate headed
by at least one counsellor at the Court of Appeal and a representative of the Public Prosecution Office atleast with the rank of Chief Prosecutor and representatives of the Ministries of Health, Interior, Defense andSocial Affairs”. The formation of these committees and the determination of their terms of reference and thesystem of work for them shall be issued by a decision of the Minister of Justice.
The committee performs the following tasks:•

The committee receives requests for treatment from a drug user, his or her spouse, one of his or her
ascendants, or one of his or her descendants.

•

The committee decides on the request after examining it and hearing the statements of the concerned
parties, and it may request the Public Prosecution to investigate the request and provide it with amemorandum of its opinion.

•

The release of the detainee after his/ her recovery.

•

If the committee finds that detention is useless, or the maximum period prescribed for it expires
before the convict is cured, or if the detainee violates the duties imposed, or if the detainee commits
any crimes during the term of detention, the aforementioned committee shall refer the matter to thecourt, through the Public Prosecution, by requesting the ruling to cancel the stay of execution.

A. The Role of the Public Prosecution in the Supervising Committee for Those Placed in Addiction
Sanatoriums
The Public Prosecution Office is represented, according to the law, in the supervising committee for thoseplaced in addiction sanatoriums through the Department of International Cooperation and Human Rights in
the Office of the Public Prosecutor.
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PARTICIPANTS’ PAPER
The Public Prosecution has an important role in the aforementioned committee, which is represented asfollows:•

Supervising the implementation of sentences in general is an inherent competence of the Public
Prosecution, which is the one that supervises, and since placing the drug user in sanatoriums is
considered a modification of the method of implementation, so the public prosecution supervises it,which works to reduce the period spent by the convict in the sanatorium.

•

If a drug abuser, his or her spouse, one of his or her ascendants, or one of his or her descendants
submits to the committee a request to receive treatment, the committee shall decide on the request
after examining it and hearing the statements of the concerned parties. It may request the Public
Prosecution to investigate this request and provide it with a memorandum of its opinion and, after
fulfilling the necessary requirements, order that there are no grounds for filing a criminal case against
the drug user, and raise the opinion of the committee to place him or her in one of the treatment
sanatoriums to receive medical, psychological and social treatment, as it is more beneficial for the druguser and to the society instead of punishment.

•

If the drug user commits a crime during his or her placement, the Committee raises the matter to thecourt through the Public Prosecution, requesting a ruling to cancel the stay of execution.

•

The Public Prosecution works to preserve all data related to the treatment of addicts or drug users,
which reaches the knowledge of those in charge of it, as it is secret and those who divulge it arepunished with a prison sentence.

The role of the Public Prosecution does not stop there; rather, the Public Prosecution has a role in setting
policies related to abuse and combating addiction, through its membership in the Fund for Combating andTreating Addiction and Abuse, which was established under Article 37 bis (d) of the Drug Control Law,
which stipulates that “a special fund is established to combat and treat addiction and abuse shall have a legal
personality, and a decree of the President of the Republic shall issue its organization, affiliation, financing, andcompetence, based on a proposal by the National Council for Combating and Treating Addiction, among its
competences shall be the establishment of sanatoriums and treatment homes for addicts and drug abusers”.
Also, among its resources are the fines adjudicated in the crimes stipulated in this law and the funds thatare ordered to be confiscated.

V. FUND FOR COMBATING AND TREATING ADDICTION AND ABUSEThe Fund was established in 1991 based on Presidential Decree No. 46 of 1991 in implementation of what
was stipulated in Amended Law 182 of 1960 regarding combating drugs and regulating their use andtrafficking. The Fund works to confront the phenomenon through programmes and mechanisms that seek
to besiege all its manifestations and pursue all developments that occur in its context in order to prevent
Egyptian youth from falling into the clutches of drugs and protecting them from slipping into them andextending a helping hand to those among them who fall into addiction to return to it healthy and participatingin the development of the community.
The Public Prosecution is one of the members of the Board of Directors of the Fund, along with several
ministries and stakeholders, and the Public Prosecution is represented by a member of the Department ofInternational Cooperation and Human Rights in the Office of the Prosecutor General.
The Fund follows a holistic, balanced and effective approach that combines prevention, treatment and fullrecovery efforts, as well as appropriate smart measures to reintegrate the recovered into society again
through economic empowerment mechanisms.
The Fund’s efforts, within the framework of its endeavour to achieve its objectives and principles, areconcerned with the following activities:

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Developing and implementing general and specific policies in the field of combating and treating
addiction.

•

Developing the legislative system and building a knowledge base on the drug issue, while drawing up
an integrated programme for evaluation and follow-up.

•

Implementation of programmes and activities to prevent smoking and drugs, and to prepare young
people and enable them to fight against smoking and drugs.

•

Supporting the role of educational curricula for preventing smoking and addiction, by including an
educational component that aims to do so.

•

Availability, provision and support of free treatment and rehabilitation services for addicts, incooperation with the concerned partners.

•

The fund is based on a number of basic work principles, the most important of which is the involvementof youth and activating their role in prevention efforts.

•

Focusing on the family as a basic input to protect young people from smoking and drugs, and supporting
the role of the family in that, and relying on community dialogue.

•

Mobilizing the efforts of the concerned authorities and its main partners such as the Ministries of
Health, Justice, Interior, Education and other ministries, as well as civil society organizations concernedin this regard, in a way that can enhance the Egyptian initiative in this regard.

The Fund has an executive work in dealing with addicts, which is represented by operating a hotline
numbered 1623, on which a specialist in prevention and treatment is present 24 hours a day, to consult withthe addict and refer him or her directly to one of the hospitals of the Ministry of Health for free treatment
without revealing any secrets related to addicts, and the Fund pays the fees of the treatment without
notifying the addict of that, and the Fund has expanded in dealing with hospitals that have treatment
departments, and has helped increase the number of families for addiction treatment in most government
hospitals.

VI. THE ROLE OF THE PUBLIC PROSECUTIONIN PROMOTING THE FIELD OF CRIMINAL JUSTICE FOR CHILDREN
Within the framework of the Public Prosecution’s desire to activate the texts of laws related to criminal
justice for children contained in the constitution and the international laws, conventions and covenants towhich Egypt is a party, the Egyptian Public Prosecution Office signed a memorandum of understanding with
the United Nations Children’s Fund. In the context of this cooperation, a manual was developed to protect
the rights of child victims and witnesses of crimes, as well as a manual for the application of restorative
justice for children in contact with the law based on regional and international practices.
The Office of the Public Prosecutor continued to support this process by issuing binding instructions withthe aim of activating the role assigned to members of the Public Prosecution Office in applying the restorative
justice system and periodic follow-up on places of activating alternative measures to detention and places ofdetention.

VII. CONCLUSION
In the end, drug users are perpetrators of a crime in the first place, but criminal justice requires treatment
for them, and it is important to direct attention to treatment rather than punishment, as punishment in itself
may not be a means of deterrence that achieves its purpose, since imprisonment in itself is ineffective.
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PARTICIPANTS’ PAPER
Treatment may even create an opportunity to work to promote recovery from these disorders and reducethe criminal behaviour associated with them.
It should be noted that the same approach is being followed in Egypt according to what has been
stipulated in Article 37 bis (a) of the amended Law No. 182 of 1960 regarding drug control and regulation ofuse and trade thereof.

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PART THREERESOURCE MATERIAL SERIES
No. 116Work Product of the 181st
International Training Course

UNAFEIREPORT OF THE COURSE
THE 181st UNAFEI INTERNATIONAL TRAINING COURSE“COUNTERMEASURES AGAINST TRANSNATIONAL ORGANIZED CRIME–THE 20th ANNIVERSARY OF UNTOC–”

1. Duration and Participants• From 12 May to 8 June 2023
• 25 overseas participants from 19 jurisdictions• 3 participants from Japan
2. Programme Overview
This programme mainly focused on the challenges that criminal justice practitioners face in countermeasuresagainst transnational organized crime. In particular, the programme considered the following topics: (1)Effective legal frameworks and measures in investigation, prosecution and trial in various transnationalorganized crime cases such as organized violent crime cases, organized drug smuggling cases, organizedfinancial crime cases and organized human trafficking/migrant smuggling cases; (2) Effective legal frameworks
and measures on matters which often arise in various transnational organized crime categories and require
special consideration, such as tracing and confiscation of proceeds of crime, asset recovery, witness andwhistle-blower protection and mutual legal assistance, etc.; (3) Good practices, challenges and solutions in
specific cases of transnational organized crime in each jurisdiction with regard to issues under paragraphs(1) and (2). Also, this programme, through lectures on best practices and the participants’ discussions, aimed
to enhance the participants’ knowledge of measures to improve anti-transnational-organized-crime efforts intheir respective jurisdictions and to establish a global network for the exchange of updated information on
the practices of the respective jurisdictions.
3. Contents of the Programme(1) Lectures
The following visiting experts from overseas and Japanese experts, as well as UNAFEI faculty
members, gave lectures as follows:•

Visiting Experts
 Mr. Rosario Salvatore Aitala
Judge, International Criminal Court
Lecture on investigation in transnational organized crime cases and the role of the International
Criminal Court
 Mr. David Jaffe
Chief of Organized Crime and Gang Section
U.S. Department of Justice, Criminal Division“Challenges in Complex Transnational Investigations and Prosecutions”
 Ms. Daniela Buruiană
Chair of the Eurojust Anti-Trafficking Team and National Member for Romania
European Union Agency for Criminal Justice cooperation“Eurojust’s Work against Trafficking in Human Beings: Current Landscape, Challenges, Available
Tools”•

Japanese Experts
 Mr. HARADA Ryotaro
Superintendent, Organized Crime Department, Criminal Affairs Bureau
National Police Agency
Lecture on investigation in transnational phone scam cases
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RESOURCE MATERIAL SERIES No. 116
 Mr. HORII Takashi
Superintendent, Organized Crime Department, Criminal Affairs Bureau,
National Police Agency“Current situation of Boryokudans in Japan”
 Mr. OKADA Tetsuaki
Public Prosecutor, Criminal Affairs Department
Tokyo District Public Prosecutors Office“Problems with Investigations and Trials in Transnational Economic Crimes”(2) Individual Presentations
Participants shared the practices and the challenges in their respective jurisdictions regarding thetheme of the programme through their individual presentations. Materials of all presentations were
uploaded online for later reference by the participants.
(3) Group Workshops
The participants were divided into three groups and exchanged their views and knowledge throughdiscussions on the following topics: (1) Effective legal frameworks and measures in investigation,prosecution and trial in various transnational organized crime cases such as organized violent crime
cases, organized drug smuggling cases, organized financial crime cases and organized human trafficking/migrant smuggling cases; (2) Effective legal frameworks and measures on matters which often arise invarious transnational organized crime categories and require special consideration, such as tracing andconfiscation of proceeds of crime, asset recovery, witness and whistle-blower protection and mutual legal
assistance, etc.; (3) Good practices, challenges and solutions in specific cases of transnational organizedcrime in each jurisdiction with regard to issues under paragraphs (1) and (2).
In each group, the participants mainly discussed effective measures to identify perpetrators ininvestigating transnational organized crime cases involving information and communication technologies,
including network services with high anonymity, enhanced use of special techniques, forfeiture of proceedsof crimes and domestic/international cooperation among authorities etc. Participants recommended thefollowing practices: legal frameworks and practices which enable disclosure of various information fromvarious network service providers, effective use of non-conviction-based confiscation and enhancing
protection of witnesses and whistle-blowers.
Each group concluded the programme by presenting their recommendations based on the challenges
they identified and what they learned in the lectures, presentations by the fellow participants anddiscussions.
4. Feedback from the Participants
Most participants commented that the lectures, individual presentations and group workshops helped
them gain knowledge. On the other hand, some commented that it would have been better if more specificinformation and best practices had been exchanged and intensive discussion on mock cases had been includedin the programme. We appreciate all the feedback from the participants and will take them into considerationin planning our future training programmes.
5. Comments from the Programming Officer (Professor YAMANA Rompei)
Transnational organized crime is an issue that all countries face, and identifying countermeasures thereto
is an urgent issue throughout the world. I felt the enthusiasm of the participants in the programme by theiractive participation. The participants were highly interested in the lectures, presentations and group
workshops, which led to active discussions. We hope that the knowledge gained from this course will help
the development and enhancement of each participant’s jurisdiction.
This programme was held in person at UNAFEI’s facilities for the first time since its in-person training
courses were suspended due to the Covid-19 pandemic. In-person communication among both overseas andJapanese participants throughout the programme made it easier for them to understand the content of the
programme as well as to establish personal connections. We hope that this personal network will contributeto preventing transnational organized crime in the future.
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BRAZIL’S COUNTERMEASURES AGAINSTTRANSNATIONAL ORGANIZED CRIMES:AN ANALYSIS OF THE CATRAPO (DRUG TRAFFICKING),MENSALINHO (BRIBERY) AND DIAMONDS EXPORT CASES
Vinícius Alexandre Fortes de Barros*

I. INTRODUCTION: TRANSNATIONAL CRIMINAL GROUPS IN BRAZILAt the national level, Brazil has developed and strengthened some institutions to combat those criminal
factions. Despite its global economic position and interest in becoming a developed country, Brazil still
struggles to fight transnational organized groups. Brazil's current criminality records show this tug-of-war
between development and criminality. For example, the Global Organized Crime Index recently placed
Brazil with a 6.50 criminality score and 22nd place of 193 countries.1 Hence, this demonstrates that Brazil has
progressed in combating criminal groups but has a long path to run.
Brazil has two large domestic criminal gangs: The First Capital Command and the Red Command.2
Nevertheless, the vastness of Brazil’s territory and the impossibility of constant state surveillance due toeconomic reasons facilitate Brazilian criminals to form transnational criminal organizations. As an exampleof this, the United Nations Office on Drugs and Crime (UNODC)’s most recent Global Report on Cocaine 2023
illustrated that there had been an “increased use of aircraft for incoming and internal movement of cocaine”
in Brazil.3
Because of its position amidst the Latin Countries and Europe, Brazil has become a route for many othertransnational criminal groups to export drugs to Europe or to convert illegal assets into legal ones in taxhaven countries. Moreover, the Global Report on Cocaine 2023 shows that “Brazilian crime groups seem to
be increasingly targeting Portuguese-speaking countries like Mozambique, Angola and Cabo Verde. And
airports in Kenya and Ethiopia are also believed to have been targeted as ‘stopovers’ en route from Brazil toEurope”.4
Regarding transnational criminal groups, another context is that they are not limited to committing a
specific crime. On the contrary, the UNODC demonstrates that this type of criminality is flexible and fluid– also called intertwined transnational threats.5 More and more of those groups use cybertools to commit
cybercrimes or facilitate the commission of other crimes.6 For example, they are hiring members from online* Federal Prosecutor at Brazil’s Federal Prosecution Service. Master of International Law at the University of Cambridge,
receiving the Jennings Award from Wolfson College. Specialist in International Criminal Law at the Siracusa International
Institute for Criminal Justice and Human Rights (Italy). The opinions expressed herein are the author’s and do notnecessarily reflect the views of Brazil’s Federal Prosecution Service.
1
Global Initiative Against Transnational Organized Crime, “Global Organized Crime Index 2021” (2021) <https://ocindex.net/
assets/downloads/global-ocindex-report.pdf> accessed 19 April 2023.
2
Insight Crime, “Brazil in Insight Crime” (9 March 2020) <https://insightcrime.org/brazil-organized-crime-news/>.
3
United Nations Office on Drugs and Crime, “Global Report on Cocaine 2023. Local Dynamics, Global Challenges.” (UNODOC
2023) <https://www.unodc.org/documents/data-and-analysis/cocaine/Global_cocaine_report_2023.pdf> accessed 17 April
2023.
4
Ibid. 22.
5
Masif Rusi, “Intertwined Transnational Threats: Corruption and Organised Crime” (Illicit Flows, 9 December 2022)<https://illicitflows.eu/intertwined-transnational-threats-corruption-and-organised-crime/> accessed 16 April 2023.
6
RFAI Red de Fiscales Antidrogas de la Asociacion Iberomaericana de Ministerios Publicos, “Guía de Buenas Prácticas enMateria de Drogas” (AIAMP – Asociación Iberoamericana de Ministerios Públicos 2022) <https://www.mpf.gob.ar/procunar/
files/2022/12/AIAMP-RFAI-Gu%C3%ADa-de-Buenas-Prácticas-en-Materia-de-Drogas.pdf> accessed 17 April 2023.

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forums or buying cryptocurrency to convert illicit money into licit money.
The fluidity is also seen in the immediate substitution of peoples, assets or instruments of crimes. This
article will analyse how transnational criminal groups can easily substitute low-level criminal agents toachieve their criminal results. Also, it is astonishing how those criminal groups can buy and discharge highly
expensive products, such as airplanes.
This article will first analyse the international and Brazilian national norms that provide leeway tocombat macro criminality. Furthermore, it will scrutinize three criminal cases: the Catrapo, Mensalinho andDiamonds Export cases, and register which countermeasures were applied in each of them. The third partof this article will pinpoint the outcomes and challenges that Brazil has to overcome to apply the 2030
Agenda for Sustainable Development, the Kyoto Declaration and the UNODC’s strategy for 2021–2025.7

II. INTERNATIONAL AND NATIONAL LEGAL NORMS TO COMBATTRANSNATIONAL CRIMINAL GROUPS IN BRAZIL
A. International Conventions
Brazil is a signatory of the following conventions: i. United Nations Convention against Transnational
Organized Crime (UNTOC) and its three protocols; ii. Single Convention on Narcotic Drugs, 1961, as amended
by the Protocol amending the Single Convention on Narcotic Drugs, 1961 (Brazil has signed but not yet
ratified it); iii. United Nations Convention Against Corruption; iv. United Nations Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances; and v. United Nations Convention against Corruption.
Also, Brazil attended the Fourteenth United Nations Congress on Crime Prevention and Criminal Justiceheld in Kyoto from 7 to 12 March 2021.8
B. National Legislation
In Brazil’s domestic jurisdiction, the laws concerning transnational criminal organizations are the National
Drug Policy,9 the Law of Combating Criminal Organizations,10 the Law for Criminal Offences of Interstate orInternational Repercussions That Require Uniform Repression,11 the Law of Money Laundering,12 the Law
Illegal Drug Trafficking13 and some others.14 When one compares the countermeasures that exist in the
United Nations Convention against Transnational Organized Crime, all of them are either present in Brazil’s
national legislation or in the Brazilian Criminal Procedure Code.
For prosecution purposes, a criminal organization in Brazil is the “association of 4 (four) or more persons,organized in a structured manner and characterized by the distribution of tasks, even if informally, aimed toobtain advantages through the commission of criminal offences, whether directly or indirectly, whose
maximum penalty exceeds 4 (four) years, or present a transnational nature”.15 Therefore, this categorization
partially follows the one in Article 2 (a) of the United Nations Convention Against Transnational Organized
Crime. For the latter, three persons can constitute an organized criminal group, while Brazilian legislation
requires at least four persons.
There is a wide possibility of adopting countermeasures against criminal organizations. The Brazilian
7

https://www.unodc.org/documents/lpo-brazil//strategy-summary.pdf
United Nations, “Report of the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice” (2021)<https://www.unodc.org/documents/commissions/Congress/documents/ACONF234_16_V2102028.pdf> accessed 17 April
2023.
9
Brazil, Brazil’s National Drug Policy 2019 [9.761].
10
Brazil, Law of Combating Criminal Organisations 2013 [12850].
11
Brazil, Law of criminal offenses of interstate or international repercussions that require uniform repression 2002 [10,446].
12
Brazil, Law of Money Laundering 1998 [9,613].
13
Brazil, Law of Illegal Drug Trafficking 2006 [11,343].
14
The International Cooperation Unit of the Brazilian Federal Prosecution Service elaborated the translation of importantlegislations in Brazil. One can access them here: https://www.mpf.mp.br/atuacao-tematica/sci/dados-da-atuacao/assessoriajuridica/legislacao-pertinente-a-cooperacao-juridica-internacional/legislacao-traduzida.
15
Brazil Law of Combating Criminal Organisations (n 10).
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PARTICIPANTS’ PAPERS
Criminal Procedure Code has adopted some since 1941, such as seizing and arresting persons, seizure ofassets and imprisonment. However, the Law of Combating Criminal Organizations of 2013 was highly
influenced by the United Nations Convention Against Transnational Organized Crime. In Article 3 of theBrazilian norm, one can see that a different array of countermeasures is available for the Prosecution Service:
Article 3. At any stage of the criminal prosecution, the following methods of collecting evidence
shall be allowed, notwithstanding others already provided by Law:
I – plea bargain agreements;
II – recording of electromagnetic, optical or acoustic signals;
III – controlled action;
IV – access to the register of telephonic and telematic calls, to personal data from both public
and private databases and to commercial or electoral information;
V – interception of telephone and telematic communications, pursuant to specific Law;
VI – lifting of bank, financial and fiscal secrecy, pursuant to specific Law;
VII – infiltration by police officers performing activities of investigation, pursuant to Article 11;
VIII – cooperation among institutions and federal, district, state, and municipal bodies in searchof evidence and information of interest to the investigation or the evidentiary stage.16
Finally, some of the cited convention’s countermeasures that involve international cooperation, such as
extradition (Article 16), mutual legal assistance (Article 18), joint investigations (Article 19), special investigativetechniques (Article 20) and the enhancement of cooperation with law enforcement authorities (Article 26) arealso available in a criminal investigation. Yet, they are dispersed in other national legislation, such as the
Migration Law for extradition17 and the Brazilian Civil Procedure Code for international cooperation.18
From now on, the three following criminal cases will investigate the application of those countermeasures
empirically.

III. ANALYSIS OF THE CATRAPO, MENSALINHO (LITTLE BRIBERY) AND
DIAMOND IMPORTS CASES
A. The Catrapo Case: International Drug Trafficking
1. Factual Context
Catrapo is an international criminal case in Brazil about international drug trafficking of cocaine. The
transnational criminal organization was based in Brazil and composed of eighteen members in the state ofMato Grosso, a state in Brazil – not considering members in other states. The main leader was a retired
police officer who could operate both from Bolivia and Europe. The organization hired airplane pilots toexport the drugs from Bolivia to Brazil using irregular and undercover airstrips amidst the forests in Brazil.
Using this form of landing, the criminal group could fill the airplanes with cocaine in Bolivia. In Mato Grosso,
the group changed airplanes to fly to Pernambuco, another state in Brazil, next to the Atlantic Ocean. In thisstate, they changed aircraft once again and flew to Europe.
Due to the usage of clandestine airstrips, all without any type of lighting and in the middle of the forest,
the group hired pilots with long expertise in flying small aeroplanes (most aeroplanes were those that could
fit only four to six persons) in those harsh conditions. One must also understand that the state of Mato Grosso
has two ecosystems, the Cerrado and the Amazon. The latter has a feature of increased humidity and rain
for at least six months, from October to April. Therefore, only pilots with long hours of experience were
hired. In total, at least five pilots were contacted by the two principal delegates of the criminal group.
Furthermore, one could observe a chain of command with hierarchy and structure that fit the descriptionof Article 2 (a) of the United Nations Convention Against Transnational Organized Crime. On the top of thehierarchy was the retired officer, who had a deep trust in two delegates. These two members were the ones
16

Ibid.
Brazil, Migration Law 2017 [Law 13,445].
18
Brazil, Civil Procedure Code – Law 13,105 2015 [Law 13,105].
17

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that hired the narco pilots. However, there was a need not only for pilots but also persons who put the drugs
inside the aeroplanes, those who extracted them and drove them to other airstrips and other aeroplanes andso on. During the investigation, one could observe that most of those external persons with minor duties
were also hired by those two main delegates right below the organization’s leader.
An example of the structure of the group is as follows:

Leader

1st delegate

Narco pilots

Narco pilots

2nd delegate

Narco Pilots

Minor
participantsMinorparticipants

Nonetheless, one question arose during the investigation: was it possible for the leader to control different
parts of the drug exportation by hiring only people in one state, namely the Mato Grosso state? And theanswer was no. After the charges were filed, the Federal Prosecution Service determined that two otherinvestigations in different states in Brazil focused on some of the same members of the criminal group.
Hence, the Federal Prosecutors of Paraná and Pernambuco, states of Brazil, were contacted to inform themof the investigation and charges produced in Mato Grosso. Consequently, this demonstrated that the leader
had control of members in at least three states in Brazil.
Right after the first countermeasures were solicited by the Federal Prosecution Service, the organization’s
leader moved within Europe to Hungary in a strategic move because Hungary still has not signed a bilateralcriminal international cooperation treaty with Brazil.19 The leader’s extradition is still pending (Article 16 of
UNTOC).
2. Countermeasures
The first countermeasure applied in this case was the controlled delivery (Article 2(i) of UNTOC) of
cocaine in the state of Mato Grosso. The Federal Police in Brazil contacted the Federal Prosecution Service,
enabling information exchange and mutual assistance from the USA’s Drug Enforcement Administration(Article 18 of UNTOC). When the first aeroplane containing cocaine was intercepted by the Brazilian Air
Force, the leader of the organization determined it to be destroyed, and it resulted in the death of its pilot.
Because of this and the immediate gathering of proof of drugs inside the airplane, the Federal Prosecution
Service required the confiscation and seizure of at least five Cessna airplanes (Article 12 (1)(b) of UNTOC).
Additionally, the imprisonment of all leaders and participants, including the minor ones (Article 5(1)(b) of
UNTOC), was requested and deferred at the judicial level. A novel feature implemented in this case is that
19

Hungary has signed and ratified UNTOC. https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_
no=XVIII-12&chapter=18&clang=_en Accessed on 17 April 2023.

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PARTICIPANTS’ PAPERS
many aeroplanes were registered in the name of legal persons, but those were also seized nonetheless(Article 10(1) of UNTOC). The participants’ bank accounts were frozen because the money was evidence oflaundering of proceeds of crimes (Article 6 of UNTOC).
The main challenge is still the leader’s extradition and obtaining information from Hungary. At thefinancial level, difficulties arose when countries did not share information about whether there were assets
from the transnational criminal group in their territories. Finally, because Brazil focused on receiving
information from the USA, it did not request enough cooperation from Bolivia so that the Latin countries
could create among themselves a joint investigation group (Article 19 of UNTOC).
B. The Mensalinho (Little Bribery) Case
1. Factual Context
The Mensalinho (little bribery in English) is a corruption case in which several politicians of the Mato
Grosso state received bribes to maintain the Governor’s political agenda. A video obtained by the Federal
Prosecution Service showed that the state deputies received huge sums of money and placed them insidetheir suits and backpacks or even brought other persons to place the money in their purses. One of thecriminal agents made a plea bargain with the Federal Prosecution Service, and he was the one that delivered
the video and enabled the imprisonment and impeachment of other politicians. At the national level, thecriminal organization had an almost equanimous hierarchy, but only some of their agents committed moneylaundering outside of Brazil.
An example of the structure of the group is as follows:

National Level
Bribery

National Level
Bribery

International Level
Money Laundering inEuropePoliticians
Governor

Minor participants
Politicians
Politicians

From this structure, one can observe that some politicians hired minor participants to commit moneylaundering in Europe, while others themselves created their own bank accounts in Europe. A difficulty facedin this case is that the criminal that delivered the video to the Federal Prosecution Service faced threats
from other criminals. It was hard to position him either as a victim or as a member of the organized group.
2. Countermeasures
Because of the legal nature of someone who enters into a plea bargain, that person is not juridicallyconsidered a victim or a witness (Articles 24 and 25 of UNTOC). However, because the evidence gatheredfrom that person enabled the arrest of several other criminals, the Brazilian legislation permits that that
person should be safeguarded accordingly to Article 26 (4) of UNTOC. This article was the main basis for
the Brazilian Federal Service to enhance plea bargains and extend them to minor crimes. Recently, the55

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Brazilian Criminal Procedure Code created a new form of plea bargain named “non-persecution criminal
agreement” for crimes with a penalty of less than four years of imprisonment.
Despite the main crime being corruption within Brazilian territory, when the group also sends money
elsewhere, Brazil considers it within the scope of both UNTOC and the United Nations Convention Against
Corruption (UNCAC). Thus, the laundering of proceeds of the crimes of bribery and corruption fell bothwithin Article 23 of the United Nations Convention on Corruption and Article 6 of UNTOC.
In this case, mutual legal assistance was requested (Article 18 (3)(g) of UNTOC) to obtain evidence of thepolitician’s bank accounts in Europe, but this has not been effective. This countermeasure of “identifying or
tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes” is one of thehardest to implement empirically because countries often have different norms about what they consider
private information that is protected against international cooperation requests.
Another challenge that this case presented is the chain of custody of the laundering of proceeds of crimes.
For example, the proceeds of corruption are used to buy some gemstones. Then, these gemstones are soldin Europe. With the money from the sale, one deposits it in a European bank account. Is this final transfer
still linked with the original crime of corruption? This is the main controversy faced nowadays by Brazilian
and European prosecutors. UNTOC’s norms do not solve this problem because UNTOC’s mens legis is basedon bona fides, so it requires that countries should negotiate between themselves to achieve a solution. The
next case demonstrates a failure in international cooperation because of the internationalization of moneylaundering proceeds in Europe.
C. Diamond Exports Case
1. Factual Context
In August 2010, the Brazilian Financial Activities Control Council informed the Federal Prosecution
Service that a Portuguese citizen living in Brazil sent 18 transfers of USD 5,000), via Western Union, to two
other Portuguese citizens in one month. In the previous year, 2009, the Portuguese leader had declared to
the Brazilian Federal Revenue Office that he earned a monthly salary of less than USD 400. Hence, thoseatypical bank transfers triggered the Federal Prosecution Service to investigate, and this organ discoveredthat those two other Portuguese were partners in a legal person situated in a city in the state of Mato Grosso
entrenched in indigenous reserves that were known to have diamond reserves.20 Examining this legal entity,
one of its partners was a woman that was also an associate in another company, Diamond Export Ltd.21 This
company had no permit either to extract or export minerals, especially diamonds.
Furthermore, the National Department of Mineral Production informed that this company had neverrequested any type of permit. Diamond Export Ltd. had two other European partners, and they had no
tourist visa to be in Brazil. Nevertheless, the Federal Prosecution Service discovered that they frequently
departed from the cities of Brasília (the Capital of Brazil) and Rio de Janeiro with destinations to cities in
Switzerland.
In sum, at least fifty rocks of rough diamonds were apprehended in one flight with these two European
citizens. Because of the proximity to the indigenous reserves, it was evident that environmental crimes werealso committed to illegally extract the diamonds.

20

In Brazil, it is a federal crime to extract minerals from indigenous reserves. Also, it is a crime to extract any type ofminerals, even outside of protected environmental areas, without a permit.
21
A fictional name was used for the purposes of this article.

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PARTICIPANTS’ PAPERS
An example of the structure of the group is as follows:

Group 1.
Extraction of
diamonds in theindigenous
reserve
Group 5. Moneyfrom the sale ofstones in Europe
was returned toBrazilGroup 4.
Exportation toEuropeGroup 2.
Portuguese leaderbought thegemstones

Group 3. Sellingof stones to
Diamond Export

This structure shows that Group 1 extracted the diamonds from the indigenous reserve. Group 2, thePortuguese Leader, collected those stones and brought them to Diamond Exports Ltd. Group 3, using one of
its associates, and used other persons to export the gemstones to Europe. In Switzerland, Group 5 sold thosediamonds and then sent the money back to Brazil to keep financing the extraction of diamonds in theindigenous reserves.
2. Countermeasures
Unfortunately, this case failed at both the national and international levels. Nationally, when the first
seizure of diamonds was made in the Brazilian airport, the Portuguese citizens had absconded from Brazil.
This would have been a perfect case for controlled delivery (Article 20 of UNTOC) in Switzerland if thiscountry had cooperated with Brazil and the national police did try first to contact Switzerland’s authorities
before seizing the diamonds.
Secondly, even after the criminals escaped, the introduction of diamonds and later sale in Swiss territory
barred Brazilian authorities from obtaining information about the outcome of the diamonds or who wasselling them in Swiss territory. Switzerland would have informed Brazilian authorities of the location of thestones if Brazil had previously shared information with that country. However, the information was requested
only after the seizure and arrest countermeasures were enacted. In this case, the criminals had time to erase
evidence both in Brazilian and Swiss territories.

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IV. CONCLUSION: OUTCOMES AND CHALLENGES
A. Positive Outcomes
In 2023, the Brazilian Federal Prosecution Service was included in the CRIMJUST Programme from
UNODC.22 Recently, the Federal Prosecution Service has promoted a conference with Mercosur authorities
to repress transnational crimes happening in Brazilian borders with the support of CRIMJUST.23 Apart from
Brazilian prosecutors, there were prosecutors from Argentina, Bolivia, Chile, Colombia, Equator, Paraguay,
Peru and Uruguay.
Also, the Federal Prosecution Service has defended the inclusion of Brazil in EUROJUST,24 especially toenhance the controlled delivery of drugs in Europe as a form of implementing Article 20 of UNTOC.
Finally, within the same path as the Kyoto Declaration, the Brazilian Federal Prosecution Service has
adopted the Bogota Protocol on Transmission of Information about Drugs in Containers internally25 andpromulgated Orientation number 37 for the spontaneous and non-formal communication of drug apprehension
in containers.26
B. Room for Development: Common Challenges to Overcome in the Three Criminal Cases Presented
The apparent challenge when examining those cases is that there is an immediate need to enhance thetrust among international institutions, especially those who fight transnational criminal groups. This could
lead to joint investigations (Article 19 of UNTOC) and the practical application of controlled delivery,
especially in Europe (Article 20 of UNTOC). One can observe that some countries only share information asa last resort, with the underlying thinking that this would undermine their national jurisdictions. However,
UNTOC’s goal is not only to enhance mutual legal assistance (Article 18 of UNTOC) but also to strengtheninternational criminal prosecution. At the International Criminal Court, the paradigm is complementarity,
but among countries, the paradigm should be bona fides and cooperation.27
The UNDOC’s 2021-2025 Strategy28 aims to strengthen the effectiveness of the legal framework to combat
transnational organized crimes. This leads to the strengthening of partnerships among countries. To achieve
this result, the Federal Prosecution Service has implemented the “Guide of Good Practice of the Fight
Against Drug Trafficking” of the Ibero-American Association of Prosecution Services.29 Nevertheless, thisnetwork should also be created at a universal level at the United Nations, promoting direct cooperation
among prosecutors.
A stepstone in the Kyoto Declaration is item 64, which recognizes that countries should “facilitate theformal and, to the extent permitted under domestic law, non-formal exchange of information and communicationnecessary to prevent and combat crime”. Recently, the Federal Prosecution Service in Brazil has informed
the Federal Prosecutors that non-formal cooperation is also a countermeasure that must be requested. The
Catrapo Case demonstrated that Brazil has shared non-formal cooperation with the USA but has not entered
the same type of bilateral exchange with Bolivia and Hungary.
Taking the Catrapo Case as an example, Brazil has faced enormous difficulties in requiring extradition
22

https://www.unodc.org/lpo-brazil/pt/frontpage/2023/04/no-brasil--mpf-e-unodc-promovem-encontro-com-procuradores-depaises-do-mercosul-para-discutir-cooperacao-no-combate-a-crimes-transfronteiricos.html Accessed on 20 April 2023.
23
https://www.mpf.mp.br/pgr/noticias-pgr/em-manaus-procuradores-de-paises-do-mercosul-discutem-cooperacao-paracombate-a-crimes-nas-fronteiras Accessed on 20 April 2023.
24
https://portal.mpf.mp.br/novaintra/informa/2023/conselhos/em-sessao-do-conselho-superior-do-mpf-pgr-defendeparticipacao-do-brasil-na-eurojust Accessed on 20 April 2023.
25
https://www.mpf.gob.ar/procunar/files/2016/11/Protocolo-de-Bogotá-RFAI-AIAMP.pdf Accessed on 20 April 2023.
26
https://www.mpf.mp.br/atuacao-tematica/ccr2/orientacoes/documentos/orientacao-no-37-protocolo-de-bogota_pagina.pdf
Accessed on 20 April 2023.
27
David Kohout, “Implementing the Nuremberg Principles in National Trials with Nazi Criminals: Hesitation versus
Enthusiasm towards Meeting the Standards of Complementarity in the Modern International Criminal Law.’ in Bartłomiej
Krzan (ed), Prosecuting international crimes: a multidisciplinary approach (Brill Nijhoff 2016).
28
https://www.unodc.org/documents/lpo-brazil//strategy-summary.pdf Accessed on 17 April 2023.
29
RFAI Red de Fiscales Antidrogas de la Asociacion Iberomaericana de Ministerios Publicos (n 6).

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PARTICIPANTS’ PAPERS
with countries that are not regular partners in combating transnational criminal organizations. Bilateralagreements are a form of international cooperation, but in those cases where countries face difficulties, asolution would be for UNODC to intermediate as an impartial third party.
Another main challenge that needs to be overcome is the effective use of controlled delivery as a form of
unique investigation technique. There was no controlled delivery in Europe in any of those three cases. This
technique can be applied to drug trafficking, money-laundering and environmental crimes.
Finally, the Kyoto Declaration has shown that UNODC is aware that countries have the tools necessary
to combat transnational organized groups but must increase their cooperation with bona fides.
BIBLIOGRAPHY
Global Initiative Against Transnational Organized Crime, “Global Organized Crime Index 2021” (2021)<https://ocindex.net/assets/downloads/global-ocindex-report.pdf> accessed 19 April 2023.
Insight Crime, “Brazil in Insight Crime” (9 March 2020) <https://insightcrime.org/brazil-organized-crimenews/>.
Kohout D, “Implementing the Nuremberg Principles in National Trials with Nazi Criminals: Hesitation
versus Enthusiasm towards Meeting the Standards of Complementarity in the Modern International
Criminal Law.” in Bartłomiej Krzan (ed), Prosecuting international crimes: a multidisciplinary approach(Brill Nijhoff 2016).
RFAI Red de Fiscales Antidrogas de la Asociacion Iberomaericana de Ministerios Publicos, “Guía de Buenas
Prácticas en Materia de Drogas” (AIAMP -  Asociación Iberoamericana de Ministerios Públicos 2022)<https://www.mpf.gob.ar/procunar/files/2022/12/AIAMP-RFAI-Gu%C3%ADa-de-Buenas-Prácticasen-Materia-de-Drogas.pdf> accessed 17 April 2023.
Rusi M, “Intertwined Transnational Threats: Corruption and Organized Crime” (Illicit Flows, 9 December 2022)<https://illicitflows.eu/intertwined-transnational-threats-corruption-and-organised-crime/> accessed 16
April 2023.
United Nations, “Report of the Fourteenth United Nations Congress on Crime Prevention and Criminal
Justice” (2021) <https://www.unodc.org/documents/commissions/Congress/documents/ACONF234_.
16_V2102028.pdf> accessed 17 April 2023.
United Nations Office on Drugs and Crime, “Global Report on Cocaine 2023. Local Dynamics, Global
Challenges.” (UNODOC 2023) <https://www.unodc.org/documents/data-and-analysis/cocaine/Global_
cocaine_report_2023.pdf> accessed 17 April 2023.
Brazil, Law of Money Laundering 1998 [9,613].
——, Law of criminal offenses of interstate or international repercussions that require uniform repression
2002 [10,446].
——, Law of Illegal Drug Trafficking 2006 [11,343].
——, Law of Combating Criminal Organisations 2013 [12850].
——, Civil Procedure Code – Law 13,105 2015 [Law 13,105].
——, Migration Law 2017 [Law 13,445].
——, Brazil’s National Drug Policy 2019 [9.761].

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COUNTERMEASURES AGAINST TRANSNATIONAL ORGANIZED CRIME
Komal P. Pitama*

I. INTRODUCTION
It is timely for this initiative, as we are able to share our experiences as they relate to transnational crimein Guyana with member states and vice versa, and with increased collaboration, we would be able to crack
down on these criminal rings.
With the emergence of the oil and gas sector in Guyana, there is a strong risk that conventionaltransnational crimes such as human and cocaine trafficking would become even more prevalent and also newforms of transnational crime emerge. This is as a result of the development of new sectors in the country,
higher volumes of investment and there being a large influx of foreigners which include criminal elements
who would look for the opportunity to continue their criminal trade.

II. ROLE OF THE GUYANA POLICE FORCE (GPF)
The GPF is the organization in Guyana that is enshrined with the responsibility to enforce its laws,
investigate all criminal activities and maintain public safety and security.

III. TRANSNATIONAL CRIMES IN GUYANA
There are two conventional types of transnational crimes in Guyana – human trafficking and narcotics
trafficking. Cybercrime has become more prevalent in recent times as well.

IV. HUMAN TRAFFICKING
Foreign nationals who are trafficked in Guyana usually come looking for economic opportunities as aresult of hardship in their home country. The majority of them are Venezuelan Nationals.
A. Modus
Human traffickers from Guyana would recruit victims to work in brothels disguised as night clubs fromtheir country on the condition of agreeing to be bonded until a liability is settled and withhold theiridentification documents in order to restrict their movements in the meanwhile.
Also, there were cases whereby these vulnerable groups were deceived by persons who promised them
employment opportunities but instead were exploited for cheap labour when they arrive in Guyana.
B. Trafficking Route
They are usually smuggled into Guyana through our porous borders. The main ports of entry are throughBrazil from Bonfin to Lethem border (Region 9), through Venezuela from San Martin/San Felix to Enteringbang border (Region 1) then arriving to Essequibo Coast (Region 2) and from Suriname through the Nickerie* Detective Inspector, Criminal Investigation Department (CID), Guyana Police Force, Guyana.

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to Moleson Creek border (Region 6).
It is important to note that people smuggling is not criminalized in Guyana; however, Law enforcement
utilizes legislation under the immigration act to detain and prosecute persons who enter Guyana illegally(Section 34(1)(c) of the Immigration Act, Chapter 14:02). Venezuelan nationals have refugee status and,
therefore, these immigration- related offences are not enforced on them.
C. Identifiable Trends in Human Trafficking•

Over the last 3 years, 1 January 2020 – 31 December 2022, there were a total of 417 alleged victims ofsexual exploitation and 73 alleged victims of labour exploitation.

•

There is a clear trend that Venezuelans are systematically trafficked as the majority of the alleged
victims were Venezuelan Nationals as they make up 367 of the 417 alleged sexual exploitation victims
and 48 of the 73 alleged labour exploitation victims over the said three-year period. This translates to88.0 per cent and 65.8 per cent, respectively. Further, there has been an increasing trend in thenumber of alleged victims of human trafficking during the three-year period moving from 121 victims
in 2020 to 122 victims in 2021 and 172 victims in 2022.

•

There has been a rise in the number of alleged victims for both Brazil and Cuba totalling 15 and 16,
respectively, in 2022 as compared to 2 and 6, respectively, for the sum of the two preceding years.

D. Efforts by the Guyana Police Force to Combat Human Trafficking
Given the complexity and lucrativeness of human trafficking, the Guyana Police Force has a Traffickingin-Persons Unit to deal with these crimes. The unit conducts regular operations in all regions of Guyana tocombat human trafficking by enforcing legislation under the Combatting the Trafficking-in-Persons Act 2 of2005 and other relevant legislation covering trafficking in persons related offences such as Keeping a Brothel
and Withholding of Identification Papers.
For the years 2020, 2021 and 2022, there were 39, 37 and 23 reports, respectively, of human trafficking
with a total of 490 alleged victims being contacted by the police.  However, only a total of 11 cases weremade from the total of 99 reports over the 3 years, which is a result of the lack of interest by victims to havetheir traffickers prosecuted. This is because of factors such as fear of traffickers and economic hardships they
face make them feel they have no alternative but to be exploited.
E. Case Study of a Trafficking in Persons Report
On 24 April 2021, a report of an alleged Trafficking in Persons incident was made by R.F., male of African
descent, age 28 years, a farmer of A District, PO Jamaica and C.M., male of African descent, age 30 years, a
farmer of B District, PA Jamaica, both Jamaican nationals at the M Police Station. They mentioned that they
were hired by one T.B., male of African descent, aged 44 years, a farmer of Georgetown, to clean land at K,
at a cost of $5,000.00US. They claimed that arrangements were made for them by T.B. who bought theirtickets and on 11 December 2020, they travelled to Guyana. Three days after they arrived in Guyana, T.B.
took possession of their passports, which he kept in his possession and escorted them to the area at Kara
Kara, Linden, to commence working. At Kara Kara, they were given a makeshift camp and were supplied
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with food items. They stayed at this location for over four months and had no means of communication ortransportation except for when T.B. visited. They also claimed that when they completed one plot of land,
instead of being paid they were given more land to clean and were told that they needed to work harder,
but they were never paid. So, on 24 April 2021, they left the location by begging a passing boat and reported
the matter to the police. T.B. was apprehended, investigated, charged and he was sentenced to four years’
imprisonment, fined $200,000 for withholding their passports and to pay restitution in the sum of $6,300,000.
GC to the victims.
1. Challenges Encountered
After this investigation was launched, the challenge encountered was to locate the area since it was in ariverine area and the victims were not familiar so it took hours to locate the scene, and when same was
located, it was observed that marijuana plants and compressed marijuana were found at the camp and two
marijuana fields were also found about 300 feet away from the camp which was subsequently destroyed.
During the trial, there were complaints of the lengthy period the trial was taking and at some stage victims
opted not to testify since it was alleged that the suspect would have reached out to them not to testify andthey subsequently related that preferred to be paid and return home.
2. Lessons Learned
Based on the statistics of these kinds of matters, not only females are being targeted and if the trial wasdone in a speedy process it may not have frustrated the victims. Nevertheless, by persuasion the victims
testified which resulted in a successful prosecution. Also, apart from the element of force, the element ofdeception is very effective; it can cause anyone to be a victim even the strongest man, woman or child.

V. NARCOTICS TRAFFICKING
Due to Guyana’s strategic geographical location which connects South America to the United States ofAmerica and Europe, cocaine traffickers utilize our country as a transit point to reach their final destination.
A. ModusGiven the aforementioned, traffickers from Brazil, Colombia and Venezuela load planes from thesecountries and land in our densely forested regions to offload. Afterwards, local traffickers would then conceal
the cocaine in local commodities which are then exported to the US and European markets.
B. Efforts to Combat Narcotics Trafficking in Guyana
The Guyana Police Force and the Customs Anti-Narcotics Unit (CANU) are the two agencies in place thatinvestigate and prosecute drug traffickers under the Narcotic Drug and Psychotropic Substances (Control)
Act Chapter 10:10
In the year 2020, there were discoveries of shipments from Guyana which were busted in these countries.
One of those is a container of scrap metal that was shipped from Guyana which had 11.5 tons of cocaine andwas seized in Belgium in November 2020.
Another discovery was in August 2020 when a rice shipment from Guyana with 1.5 tons of cocaine wasdiscovered in Germany.
A discovery was also made in March 2021 totalling 139.4KG of Cocaine which was unearthed in two of
six containers at the Kingston Freeport Terminal Limited, Jamaica, which was en route to Haiti and China
which left Guyana port.
In 2022, there were no shipments from Guyana in which cocaine was discovered. However, a plane witha large quantity of cocaine was discovered in the years 2020 at Issano, Region 7, 2021 at Orealla, Region 6
and in 2022 at Mahdia, Region 8.
C. Overview of Report
On 10 July 2022 at about 14:20 hrs, one white 182 Cessna Skyline Single Engine aircraft, with white and63

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grey stripes running along the side, landed on the Potaro Airstrip Mahdia, Region # 8, without authorization.
Police subsequently intercepted and arrested two foreign nationals, one Colombian and one Brazilian, whowere flying the aircraft containing 639.9 lbs. of cocaine and 120.5 lbs. of cannabis. The narcotics along withthe airplane were subsequently lodged into joint services custody. The 2 suspects were arrested, and an
investigation was launched. They were later charged, pleaded guilty and subsequently sentenced to four
years and six months in prison and fined $449M each.
D. Challenges Encountered and Solutions
In this drug bust involving planes and the other two incidents aforementioned, the language barrier was
an issue given that the native language of the traffickers was different from Guyana. This delayed theinvestigations as a translator was necessary to interpret evidence extracted.
Further, given that the individuals were foreign nationals, the police had no knowledge as to the twosuspects’ affiliations; therefore, it was difficult to debunk their story that they were kidnapped and forced totraffic the narcotics which would not make them criminally liable based on case law. However, with the aidof the Guyana Defence Force, we were able to extract, translate and transcribe evidence from their digital
devices which proved otherwise, and we were able to put this evidence to the perpetrators which led tothem confess to doing the act willingly. The Guyana Police Force was unable to make any further dent inthis criminal network; however, information obtained was passed to US authorities for then to continue
investigations into the criminal network.

VI. CYBERCRIME
Many private and public organizations in Guyana within the last five years have made major strides
towards the digitization of their systems and procedures. This is particularly true for the way people do theirbanking. As a result of this rapid transformation, many persons are not aware of the potential threats,making them easily vulnerable to scams (Infiltrate and manipulate).
A. ModusIn recent times, perpetrators have managed to successfully intercept communication via email between
overseas suppliers and local entities and tricked them into wiring payments for outstanding invoices to theiraccounts instead. The magnitude of these losses has been the in millions of dollars. This is known as Business
Email Compromise.
There have also been instances of debit/credit card fraud which arose as a result of e-commerce whereby
persons shopped at irreputable merchants, or they may have been tricked into participating in online
promotions/winnings which resulted in scammers obtaining card information or personal identifiable
information which enabled them to make unauthorized purchases.
B. The Guyana Police Force and Combating Cybercrime
The Guyana Police force has a Cybercrime Unit with ranks that are versed in the field of network control
and cybersecurity. However, much headway is not usually made in these cases of BEC and debit/credit cardfraud; they usually go unsolved given a number of factors:

64-

There is no legislation which mandates reporting by companies of a cybersecurity breach in companies
in Guyana’s legislation. Therefore, it often goes unreported and the police cannot take action.

-

It is difficult for law enforcement to obtain information from local commercial banks that have stringent
privacy policies.

-

Seeking mutual legal assistance from law enforcement in other countries is a time-consuming process
which can take several months.

-

Guyana is yet to join the Egmont Group which is an international organization of Financial Intelligence
Units. This makes it nearly impossible to trace the proceeds of these crimes overseas.

PARTICIPANTS’ PAPERS-

Guyana is yet to join the Budapest convention,  making it difficult to facilitate cross-border cooperation
unlike other member countries.

VII. CONCLUSION
So far in the fight against transnational crime, Guyana has made satisfactory efforts despite the challengeof the shortcomings mentioned. With more collaboration between countries through training, networking,sharing of best practices by experts and joint operations, law enforcement would be able to make significant
inroads into the dismantling of criminal organizations that perpetrate these crimes so that economic
development, human rights and challenges of combating it are not impacted. Also, it would enhance
professional development and understanding of the global impact of transnational crime in our region.

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COUNTERMEASURES AGAINST TRANSNATIONAL ORGANIZED CRIME:
THE 20th ANNIVERSARY OF UNTOC –A KENYAN PERSPECTIVE
Angela Adhiambo Okallo Otieno *I. INTRODUCTION
Organized crime has been an emerging crime trend not only affecting Kenya but as a global problem aswell transcending borders, hence the term transnational organized crime. Section 3 of the Prevention ofOrganised Crimes Act (POCA)1 outlines various criminal activities that form part of organized criminal
activities, and these include, inter alia:a) Membership to an organized group;b) Knowingly advising or recruiting other persons to join an organized group;c) Acting in concert with others to commit a serious offence (punishable by imprisonment of more thansix months) for the purpose of obtaining material or financial benefit;d) Threatens to commit or facilitate commission of an act of violence;e) Being a member of an organized criminal group, kidnapping or attempts to kidnap any person withintention to extort or gain from the said person; andf) Being a member of such group that endangers the life of any person or causes serious damage to theperson’s property.
From the above definition, the same is limited to offences done in concert with another and does notconsider emerging offences and criminal trends such as Online Child Sexual Exploitation and Abuse (OSCEA),
terrorism and violent extremism, drug trafficking, human trafficking, wildlife trafficking and poaching,cybercrime, racketeering to name but a few.
This paper will look at the larger definition of these crimes and not be limited to POCA as the writernotes these offences pose threats not only directly to the country, but also opens avenues for predicate
offences. Predicate offences are the root offences leading to money-laundering. They are capable of generating
huge amounts of money and involve crimes such as corruption, bribery, drug trafficking, illicit wildlife
trafficking/poaching, illegal arms sales, counterfeiting and extortion which makes it a viable “venture” forsuch offenders.
The main challenge for my country in countering transnational organized crime is mainly with regard to
Kenya’s geographical positioning. Kenya is not a land locked country; therefore, it has access to not only air,rail and road networks but the seas as well. The Indian Ocean located in the coastal area of Kenya opens its
waters to many other countries and continents, thus making the country a transit route for transnationalorganized crime such as drug and illegal wildlife trafficking.
Kenya also faces terrorism financing risk arising from the neighbouring countries with active terroristgroups. The vulnerabilities associated with the above offences are hawala activities (hawala being a system
of money transfer without the physical movement of money) resulting in unregulated cross-border currency
movements; economic sabotage, child related offences such as abduction and defilement; human trafficking,proliferation of arms, banditry, piracy and even degradation of the environment.
* Principal Prosecution Counsel, Office of the Director of Public Prosecutions, Kenya.
1
Prevention of Organised Crimes Act, Act No. 6 of 201067

RESOURCE MATERIAL SERIES No. 116
This paper will seek to establish Kenya’s position and, in particular, in tackling these crimes, and goodpractices adopted in addressing the situation. The paper will also outline various challenges faced by not only
the country but also the criminal justice actors such as my Office, the Office of Director of Public Prosecutions(ODPP Kenya) in curbing these crimes. It will thereafter submit recommendations and possible solutions inaddressing the challenges and conclude by availing a few case citations.

II. KENYA’S LEGISLATIVE FRAMEWORK TOUCHING ON ORGANIZED CRIME
The legislative framework comprises both national legislation as well as international instruments with
the Constitution of Kenya (CoK)2   being the Supreme Law of the Land. By virtue of Article 2(6) of theConstitution, Kenya also relies on international instruments so long as they have been ratified by the country.
The legislation and specific provisions thereto are discussed below.
A. Prevention of Organised Crimes Act (POCA)
Section 3 as earlier indicated lists the various types of organized criminal activities, while Section 2 of
POCA provides for the definition of organized criminal group to mean a structured group of three or more
persons acting in concert to commit a serious crime for their own financial or material benefit.
POCA also outlines the sentences for all the outlawed offences; the procedure for property tracing,seizure and forfeiture; restraint orders to avoid depletion and lastly makes provision for mutual legal
assistance in combating the offence.
B. Proceeds of Crime and Anti Money Laundering Act (POCAMLA)3POCAMLA criminalizes money-laundering as well as defines what reporting institutions are and theirrespective obligations. The institutions include the Asset Recovery Agency (ARA), the Financial Reporting
Centre (FRC) and the Anti-Money Laundering Advisory Board (AMLAB), which are institutions mandated
to provide for asset tracing, preservation, recovery, seizure and confiscation.
Under Kenya’s system, asset recovery can either be done through civil applications as well as criminal
applications, save that for criminal procedures they are conviction based as compared to the civil procedure.
Another key provision of this Act is that it establishes the Criminal Assets Recovery Fund4 into which
all recoveries made by the reporting institutions are deposited. The Act further makes provision forinternational cooperation in combating money-laundering offences.
C. Prevention of Terrorism Act (POTA)5POTA provides for key definitions of funds, terrorism, terrorist group, terrorist property to name but afew. The definitions are found under Section 2 of the Act and include what constitutes as funds, terroristgroup and terrorist property.
POTA also outlines the different types of terrorism offences, including criminalizing the collection offunds of terrorism, soliciting and giving support to terrorist groups, facilitating terrorist acts, seizure andconfiscation as well as establishing the National Counter-Terrorism Centre which is an inter-agency bodycomprising officers from the ODPP, National Intelligence Service (NIS), National Police Service (NPS),
Immigration Department to name but a few, with the key responsibility of coordinating national counterterrorism efforts in order to detect, deter and disrupt terrorism acts.
D. Other Legislation

2

The Constitution of Kenya, 2010.
The Proceeds of Crime and Anti-Money Laundering Act, Act No, 9 of 2009 (Revised 2012).
4
Section 109-110 of the Proceeds of Crime and Anti- Money Laundering Act.
5
Prevention of Terrorism, Act No. 30 of 2012.
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1. Anti-Corruption and Economic Crimes Act (ACECA)6 which outlines the various economic crimes andthe sentences thereto.
2. Mutual Legal Assistance Act (MLA Act),7 which provides for the procedures for mutual legal assistanceto be given and received by Kenya in investigations, prosecutions and judicial proceedings in relation
to criminal matters and connected matters.
3. The Extradition Acts (Caps 768 & 779 ): these two Acts make provision for the surrender and treatmentof the accused persons/suspect by Kenya to other commonwealth countries and non-commonwealthcountries (which Kenya has signed MLA Agreements with).
4. Criminal Procedure Code,10 Evidence Act,11 which outlines the trial process and evidence needed fromtime of arrest to conviction.
5. Other laws on addressing specific transnational organized crimes such as Narcotics12 ; Food, Drugs &Chemicals13 ; Wildlife14 ; Firearms15 ; Human Trafficking and Smugglings16 act to name but a few.

III. ROLE OF ODPP KENYA
IN COMBATING TRANSNATIONAL ORGANIZED CRIME
A. Introduction
The Office of Director of Public Prosecutions (ODPP Kenya) is established under Article 157 of theConstitution and operationalized by the ODPP Act.17
The Office is headed by a Director of Public Prosecutions (DPP) whose nomination has to be approved by
the National Assembly (Parliament) of Kenya and thereafter appointed by the President. He/she serves for
only one term of eight (8) years and is not eligible for re-appointment.18 The current DPP is Mr. Noordin M.
Haji, CBS, OGW who came into office in March 2018.
The mandate of the ODPP is to exercise state powers of prosecutions. In exercising prosecutorial
authority, the ODPP has due regard to public interest, interests of administration of justice and the need toprevent and avoid abuse of the legal process.19 While doing so, the ODPP strives to provide quality, impartial
and timely services in a manner that is professional, efficient and fair.
B. ODPP’s Functions
The core mandate of the Office is to exercise state powers of prosecution and in this regard the ODPP
performs the following functions:••

Institute and undertake criminal proceedings in any court, other than court martial in respect of any
offence committed;
Take over and continue any criminal proceeding instituted by any other party or authority with their

6

Anti- Corruption and Economic Crimes Act, Act No. 3 of 2003.
Mutual Legal Assistance Act, Act No. 36 of 2011.
8
Extradition (Contiguous and Foreign Countries) Act, Chapter 76 of Laws of Kenya, 1987 (Revised 2012).
9
Extradition (Commonwealth Countries) Act, Chapter 77 of the Laws of Kenya, 1985 (Revised 2012).
10
Criminal Procedure Code, Chapter 75 of the Laws of Kenya (Revised 2012).
11
Evidence Act, Chapter 80 of the Laws of Kenya (Revised 2014).
12
Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994 (Revised 2012).
13
Food, Drugs and Chemical Substances Act, Chapter 254 of Laws of Kenya (Revised 2013).
14
Wildlife Conservation and Management Act, 2013.
15
Firearms Act, Chapter 114 of the Laws of Kenya (Revised 2012).
16
Counter-Trafficking in Persons Act, Act No. 8 of 2010 (Revised 2012).
17
The Office of the Director of Public Prosecutions Act, Act No. 2 of 2013.
18
Article 157 (2) and (5) respectively, of the Constitution.
19
Article 157(11) of the Constitution.
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•
•
•
•
•
•
•

permission, other than court martial matters;
Discontinue a criminal proceeding at any stage before judgment is entered;
Advise the State, Government Ministries, Departments and State Corporations on all matters relating
to the administration of criminal justice in the country;
Direct and supervise criminal and anti-corruption investigations;Handle matters relating to Mutual Legal Assistance and Extradition;
Appointing, training and gazetting public prosecutors;
Facilitate victims of crime and witnesses during prosecution; andContributing, developing and implementing policy, procedure and law reform.

C. ODPP’s Organizational Structure
ODPP’s organizational structure is divided into six main departments headed by Deputy Directors of
Public Prosecution (DDPPs) who are responsible for overseeing the thematic areas under the Office’s mandate.
The Departments are further divided into thematic divisions and units to further enhance service delivery
to members of the public. The table below shows the Office’s structure.20
Table 1: ODPP’s Organizational Structure

There are two departments responsible in relation to this research paper which are the Department ofEmerging, International & Economic Crimes (EI & EC) and the Department of Offences Against Persons(OAP) with the specific divisions as indicated in Table 1 above.
D. Strategies Adopted by the ODPP in Combating Transnational Organized Crime
The Office’s thematic departments and divisions are manned by specialized prosecution counsel withskills and knowledge to prosecute various offences. Other than this, the Office has also adopted the following
20

ODPP’s Organisational Structure as published in the ODPP Annual Report 2020/2021.

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strategies:
1. Prosecution Guided Focus on Investigations
In recognition of various talents and skills of both investigators and prosecutors, the Office has adopted
this strategy where prosecutors guide investigators before a criminal charge is instituted. The investigating
officer avails their file for periodic review by the prosecutor to ensure that all evidence is covered and thatall procedures such as chain of custody are also well documented. This has been instrumental in ensuringthat criminal charges brought in court are successfully prosecuted and not withdrawn or dismissed ontechnicalities.
2. Teamwork and Prosecution Teams
The Office has set up prosecution teams led by senior prosecution counsel to guide the team while
undertaking prosecution. Under this, prosecutors are assigned a specific role such as researchers, legal
drafting and presentation of witnesses in court. This is particularly with regard to complex cases involving
numerous pieces of evidence and many witnesses.
3. Conducting Advocacy and Trainings
The ODPP is also involved in sensitizing criminal justice actors such as members of the judiciary,investigative agencies, prisons, probation and even the members of the public at large on various strategies
developed by the office in the fight against transnational organized crime, and in particular terrorism.
The sensitizations are done through joint trainings with the criminal justice actors or can take the formof community outreach initiatives where members of the public attend and can ask questions in an interactive
session. Joint trainings have led to enhanced inter-agency cooperation more so as the officers share experiences
and challenges with the colleagues in the other agencies.
The Office also conducts social media sensitizations through the ODPP’s YouTube,21 Facebook22 andTwitter Accounts,23 where it publishes various programmes, booklets or online interactions with various
topics covered for the public’s consumption. The Office through its various officers also attend the national
television shows and radio shows, including the dialect ones to sensitize members of the public on its
mandate and the various offences as prosecuted in the country.
All these programmes and trainings have been instrumental in making the public aware of the effects oforganized crime, particularly on the effects of terrorism and radicalization of the youth, thus making thecommunity take steps to prevent the youth from joining crime and also how to spot the ones alreadyinfluenced and address the same. This has led to enhanced social cohesion and cooperation with the community
where the sensitizations are conducted.
4. Establishment of a Specialized Court to Handle Terrorism and Organized Crime in Nairobi
The Judiciary through support of its partners and in consultation with other agencies like the ODPP
spearheaded the establishment of Kahawa Law Courts on 1 April 2020.24 The decision to establish thespecialized court was brought about by the increase of organized crime, particularly terrorism cases
occurring in the country.
The officers, both magistrates and prosecutors working in this court are well trained in handling organizedcriminal offences. The courts are also well secured for safety of all personnel working there.
Prior to the establishment of the court, there was a high risk in moving terror suspects in high security
trials from custody to Milimani Courts within the Nairobi Central Business District. This Court has therefore
facilitated the efficiency of disposal of serious crime offences as well as the ease of the transportation of highprofile suspects. High profile is due to the magnitude of the offence committed (in terms of casualties and/or
fatalities and level of damage occasioned).
21

https://www.youtube.com/@officeofthedirectorofpubli276
https://web.facebook.com/ODPPKenya
23
https://twitter.com/ODPP_KE/
24
The Court is established vide Gazette Notice Number 374 of 16 January 2020.
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IV. CASE STUDIESThis part examines four court cases that have provided lessons to actors in transnational organizedcrime, particularly countering violent extremism and terrorism and Online Child Sexual Exploitation andAbuse (OSCEA).
A. Edda Wakesho
Edda Wakesho had been hired as a house help (nanny) to look after a minor in the minor’s home where
she defiled the minor she was taking care of as well as filmed the minor while engaging in the act. She wasarrested and later charged with the offence of defilement as well filming the act. The minor was 4 years oldat the time.
Senior Resident Magistrate Florence Macharia handed Edda Wakesho a life sentence for defiling theminor and an additional ten years for filming the act and posting it online between June and October 2021.
Wakesho, in her defence, said she committed the crime after being promised good money by a Facebook userwhom she said introduced her to a page where people post explicit images and videos.
From the investigations conducted by the Anti Human Trafficking Child Protection Unit (AHTCPU) of
the DCI however, found Wakesho to be part of a racket that uses house help to expose children in theabusive acts. The video which was played in court was sent to the minor’s mother who was threatened tosend money or have the video shared online.
B. Republic versus Ibrein Issack Robow25
The Criminal Court at Milimani in Nairobi convicted and sentenced the accused person, Ibrein Issack
Robov, to life imprisonment for the commission of a terrorist act, kidnapping and hostage taking, among
others. The accused person was the driver of the motor vehicle ferrying two Cuban doctors, Assel Herrera
Correa and Landy Rodriguez Hernanded. The two doctors were part of a 100-member Cuban medical teambrought to Kenya in 2019 under an agreement between the two countries. The two had been abducted on
12 April 2019 in Mandera, North Eastern part of Kenya for ransom. The accused person was found to haveconspired with terrorists in committing the said offences which led to the death of one Administration Police
Constable (APC) Mutundo Katambo. The APC had been assigned security duty to the Cuban doctors at thetime of the incident.
C. Thomas Scheller
Thomas Scheller, a 71-year-old German male was charged with the offence of Child Pornography,
Defilement and Child trafficking in 2020. At the time of his arrest, the court was informed that he wasarrested for sodomizing four teenagers aged between 10 and 13 years old in Kenya.   Scheller, a retired
engineer, committed these offences in Kisumu and Nairobi counties. The court heard that Scheller, who is in
the country illegally, was said to be a habitual paedophile who targets young boys.
The prosecution team told the court that Scheller had a pending case at Ukunda Police Station in Kwale
County, Coast Province, before he fled to Kisumu, Nyanza Province, where he lured young boys to his rented
apartment in Nyalenda and exposed them to pornography before defiling them. Scheller had been on thepolice radar since he was linked to a German-based child abuser, to whom he allegedly sent pornographic
materials video-taped in Kwale County and its environs. During his arrest, the accused was in the company
of a boy suspected to have been a victim of child trafficking and defilement. His case is pending before court.
D. Salim Mohamed Rashid
In 2016, Salim Mohamed Rashid left Kenya for Turkey allegedly to join a Turkish university forundergraduate studies. In the same year, he was deported by Turkish authorities back to Kenya after he
was arrested while trying to cross over to Syria. Salim was later acquitted for lack of sufficient evidence (e.g.
lack of cooperation from Turkish authorities – MLA).
On 4 December 2020, Salim went missing. His family reported that their son was missing. This was
25

Milimani criminal case no. 813 of 2019.

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followed by protests by the family and civil society. A habeus corpus application was filed and security
agencies were blamed for his disappearance.
Sometime in the year 2021 a video went viral showing Salim slaughtering a person who appeared like a
Democratic Republic of Congo (DRC) security officer. On 29 January 2022, Salim was arrested in DRC by
DRC forces.
In 2017 Salim narrowly escaped a police raid in Kwale area from a house where explosive making
materials were recovered. A few days later he was intercepted at the Moi International Airport, Mombasa
Kenya while attempting to travel to Sudan. He was charged with terrorism offences before Mombasa Law
Courts. On 28 August 2019, Salim was granted a Kshs. 3 million bond despite the prosecution’s objection to
the same. He was thereafter ordered to deposit his passport to the court. At least eight witnesses had
testified in the case as of the time of his disappearance in October 2020. His arrest in DRC is the last his
family heard of him and the matter is still pending before court.

V. CHALLENGES ENCOUNTERED IN PROSECUTION OF TRANSNATIONALORGANIZED CRIME AND RECOMMENDATIONS
A. Challenges Encountered in Prosecution of Transnational Organized Crime
Despite the good laws and well-set structures to combat transnational organized crime, the fight against
these crimes still continues sometimes to the detriment of the country. Therefore, the challenges encounteredin the prosecution of these offences include, inter alia, the following:
1. Kenya’s Porous Borders
Access to Kenya’s coastal area as well as its porous borders makes it easy for transborder crimes suchas drug trafficking, terrorism and illegal wildlife trafficking to thrive. Unchecked illegal immigration and lackof proper manning of the border points make room for terrorism and other crimes to thrive. An example
being the Garissa University terror attack assailants were reported to have escaped to a neighbouring
country.
2. Bureaucracy and Red Tape in Investigation Agencies
Most of the top leadership of the agencies in the country are rigid in their thought processes insisting on
formal rules and standards in their operations. This may be detrimental, especially in instances where quick
action is needed such as in detaining flight risk suspects engaged in trans-border criminal activities. Quick
thinking and adoption of technology in government process is key in combating these crimes, especiallythose touching on suspicious online criminal activities.
3. Lack of Cooperation and Coordination among Agencies
Many agencies ranging from the investigative agencies, law enforcement agencies, prosecution services
and the judiciary operate in silos or under the guise of “independence in their operations”. This hinders
collaboration efforts in combating crime which when well tapped can bring a lot of good. This is because eachof these agencies are equipped differently and all have a common goal of combating crime both locally andinternationally. Without proper cooperation, collaboration and coordination, it is unlikely that the war against
transnational organized crime can be won.
4. Advances in Technology
Advances in technology have given rise to new frontiers of doing trade such as virtual currencies(bitcoins and crypto currencies). The increase in the use of unregulated virtual currencies has led to increased
financing of organized crimes such as terrorism and piracy. Further, terrorists are, for example, now utilizing
new undetected technologies and developing sophisticated networks making cyberterrorism a real threat.
Similarly, the advance in technology means that prosecution has to rely on digital evidence to prove suchcases. Such evidence is easy to modify, remove or hide and in some cases without leaving tracks that might
identify the criminals and their intent, e.g. by encryption, evidence stored on Google Drive or Drop Box
become non-compatible with the gadgets being utilized for forensic analysis.
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5. Interference with Witnesses
Most of the offenders in these offences are persons/entities with the means to bribe their way throughthe judicial process (in investigation, prosecution or even the judiciary), thus delaying the trial process
thereby frustrating the witnesses or some, in a worst case scenario, may end up intimidating the witnesses,
resulting in acquittals in cases that would have had strong convictions.
6. Sabotage among Agencies
We have instances where some agencies frustrate the other by not providing what is needed for successfulprosecution, an example being if investigative agencies fail to provide well investigated files, despite several
reminders by the prosecution.
7. Conversion of Intelligence to Evidence
Most of the information obtained touching on these cases is in the form of intelligence which is inadmissible
in court. This information needs to be corroborated for purposes of converting it to evidence which in casesof witness threatening and intimidation may not be possible, leading to the collapse of very strong cases.
8. Other Challenges•

Lack of a centralized data/ information management system of cases touching on transnationalorganized crime•

Mistrust between the community and law enforcement agencies•

Limited capacity in human resources and equipment/ technology for forensic analysis of these offences•

Inadequate translators especially in serious transborder offences such as terrorism, piracy and humantrafficking. There are very few certified interpreters willing to come to court for the purpose ofproviding interpretation services. Without a thorough and accurate interpretation of the facts andevidence in a trial process, a lot can be lost in translation leading to a miscarriage of justice.

B. Recommendations and Way Forward
In recognition that each state agency and criminal justice actor has a role to play, whether nationally,
regionally or internationally in combating these crimes, I recommend the following:
1. Increased Cooperation, Collaboration and Coordination on All Fronts
Collaboration between the different arms of government, the private sector and the international
community will go a long way in strengthening the surveillance of these offences and will thus also becomea prevention and detection measure as well as aid recovery procedures of any assets derived from theseoffences.
Increased cooperation and coordination may be achieved through:•

Negotiating and signing of bilateral treaties for extradition and MLA•

Ratifying relevant universal instruments•

Nationally entering into MOUs for investigation and prosecution of these offences

2. Increased Capacity-Building of Investigative Agencies to Handle These Crimes
Investigations are the core process for successful prosecution. It is not possible to gain a conviction on afile that has not met the evidentiary threshold. In this regard, it is important to empower the investigators
by increasing the number of:74•

Specialized trainings for investigators, which should include the basics and evolution of transnationalorganized crimes; and•Joint trainings for all criminal justice actors

PARTICIPANTS’ PAPERS
These trainings will empower the officers with requisite skills to detect and identify questionabletransactions and activities.
3. Conduct Public Sensitization by All Criminal Justice Actors
It is important for all the actors in the justice sector to take part in public sensitization on the magnitudeof these offences and the need to combat them. This way the public understands that the whole law
enforcement agency is keen on combating these offences, and they also need to be roped in.
4. Create a Database for Information
The government of Kenya through the relevant agencies and ministries should create a database or
repository for sharing of data and information on transnational organized crime. This database can include
information on key offenders and previous conviction records, if any that will help in the objection of bondand bail terms in case of reoffending. This information can also be used to track the money trail of key
suspects in relation to various offences.
5. Adopt a Naming and Shaming Strategy
This is a mode of social punishment as it has been noted that public shame and ridicule are powerful toolsthat a State can use to reign in organizations or institutions engaging in illicit activities such as fraud andmoney-laundering. The blacklisting of such institutions, corporations or individuals denies them contracts
and investment opportunities.
6. Other Relevant Strategies
Other strategies that can be adopted include:•

Policy measures to strengthen institutions to enhance the rule of law•

Research to identify the strengths and weaknesses of existing methods being used to combat the
crime

•

Amnesty to offenders so as to give them a second chance to start life with a clean slate as well as
amnesty to institutions/organizations as an incentive for investors and offenders to provide correct
tax disclosures and proper bank records/statements.

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TRANSNATIONAL ORGANIZED CRIME IN MALDIVES
Umar Mamdhooh*

I. INTRODUCTION
Transnational crime is a global issue that threatens the security and stability of nations around the world.
With the advancement of technology and the progress of globalization, these crimes have become more
complex and difficult to combat. The Maldives, a strategically located island nation in the Indian Ocean, has
not been immune to the impact of transnational crime. Terrorism, drug smuggling and human trafficking are
significant challenges that the Maldivian government must address to maintain law and order in the country.
In this paper, we discuss the challenges and shortcomings of Maldives’ approach to combating thesetransnational crimes, with special emphasis on terrorism, and analyse the countermeasures that can be
implemented to address them.

II. OVERVIEW
The vulnerability of Maldives to different types of transnational crimes can be attributed to its relatively
small population of 515,1221 and archipelagic nature, which makes it easier for international criminals to
operate within the country. Among the transnational crimes discussed in this paper, drug smuggling is mostprevalent. The archipelagic nature and location of Maldives in the Indian Ocean, where drug trafficking isprevalent, make it a transit point for drug smuggling. Drugs are smuggled into Maldives via fishing vessels
operating within and outside of Maldivian territory where the waters are not effectively monitored.
Terrorist incidents are relatively less prevalent in the Maldives, with the most recent attack being on
former President Mr. Mohamed Nasheed on 6 May 2021. Another recent terrorist attack occurred with asmall group of individuals operating on an island called Thimarafushi, in Thaa Atoll, who conspired withsupport and motivation from the terrorist organization Islamic State to carry out an attack in the capital cityof Maldives, Male’, on 11 November 2020. However, the plans were disrupted and the perpetrators were
captured by the Maldives Police Service (MPS) before it materialized. In March 2020, two individuals werecharged with terrorism offences in relation to an arson attack on a police speedboat in Laamu Gan, who were
found to have been conspiring with foreign terrorist organizations. This followed knife attacks against three
foreigners in Hulhumale’ in February 2020, which were claimed by Daesh (also known as ISIL, Islamic State,or ISIS) supporters. The Maldives police made a number of arrests in relation to the knife attacks.
Maldives recorded no terrorism-related fatalities in recent years. The abduction and killing of blogger
Yameen Rasheed by local affiliate of Al-Qaeda in April 2017, was the last fatal incident of terrorism recordedin the country, although the materials used in the attack on former President Mohamed Nasheed suggest it
too was intended for the same result. Despite no fatality in recent years, recruitment and radicalization still
persist. Many argue this may be because there is a strong overlap between gang-related activities andextremist groups.2
Human trafficking is another transnational crime prevalent in the Maldives. Since 2012, when the Maldivesbecame a member of the International Organization for Migration (IOM), the government has increased* Public Prosecutor, Prosecution, Prosecutor General’s Office, Maldives.
1
https://census.gov.mv/2022/wp-content/uploads/2023/04/Provisional-Result-Publication-amnded-2423.pdf
2Transparency Maldives, “Prison Radicalization Study,” August 2022, https://transparency.mv/v17/wp-content/
uploads/2022/08/Prison-Radicalisation-Study.pdf.

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RESOURCE MATERIAL SERIES No. 116
efforts to meet international standards in eliminating human trafficking in the Maldives. In 2013, Maldivespassed the Anti-Human Trafficking Act that criminalized human trafficking and identified fraudulent
recruitment, forced labour and sex trafficking as human trafficking.
Census data collected in 2022 showed that approximately 26 per cent of the population are foreigners,
meaning for every three Maldivians, there is one foreigner living in Maldives. Cases submitted to theProsecutor General’s Office (PGO) and recent regularization efforts3 carried out by the Government shows
many are undocumented and at risk of exploitation.
According to the US Department of State’s 2021 Trafficking in Persons Report,4 the Maldives is a Tier 2
Watch List country, meaning that it does not fully meet the minimum standards for the elimination of
trafficking but is making significant efforts to do so. The report notes that the Maldives government has
taken steps to address human trafficking, including the adoption of a national action plan and the establishmentof a national referral mechanism. However, the report also highlights concerns about the lack of resources
and capacity to fully address this issue.

III. LEGAL FRAMEWORK
To combat these transnational crimes, the Maldivian government has implemented a range of legal andregulatory measures. For instance, the country has signed a number of international instruments,5 including
the United Nations Convention against Transnational Organized Crime (UNTOC), the Convention on the
Suppression of Financing of Terrorism, and the United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing theUnited Nations Convention against Transnational Organized Crime.
In order to implement the requirements by the international instruments and to combat these transnational
crimes, Maldives has passed foundational national legislation in these areas. The Anti-Terrorism Act
comprehensively criminalizes a wide range of terrorist activities while addressing the complex nature ofterrorism cases by providing special procedures for investigation and prosecution. The Narcotic Drugs Act
lists illicit substances that are prohibited in Maldives and provides that such offences carry the sentence ofimprisonment for life for those who are found guilty of importing or exporting such substances. The
Prevention of Human Trafficking Act criminalizes human trafficking and identifies fraudulent recruitment,
forced labour and sex trafficking as human trafficking. While these laws have laid the foundational work in
tackling these crimes and to most extent, has proven successful, yet remains practical challenges andunderlying problems to be addressed.
A. Counter-Terrorism in Maldives
The Maldives has experienced a number of terrorist incidents in recent years, including the improvised
explosive device (IED) attack on former President Mohamed Nasheed in May 2021, which injured him andseveral others. Investigation revealed that the attack was carried out by local religious extremists motivatedand radicalized by ideologies of foreign terrorist organizations. Almost all suspects charged in relation to thecase possessed extremist materials of foreign terrorist organizations.
In November 2020, MPS were successful in thwarting a plot to carry out another IED attack. Materials
found in suspects' devices revealed they too possessed materials including IED manuals and extremist texts
3

International Labour Organization (ILO), “ILO Country Office for Sri Lanka and the Maldives: Technical Assistance to theMaldives – Project Document,” October 2020, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---inst/documents/
publication/wcms_776391.pdf.
4
U.S. Department of State, Trafficking in Persons Report: Maldives 2022, June 2022, https://www.state.gov/reports/2022trafficking-in-persons-report/maldives/.
5
Ministry of Foreign Affairs, Republic of Maldives, “List of Treaties and International Agreements to which Maldives is a
Party,” December 2020, https://www.gov.mv/en/files/treaties-list-december-2020.pdf.

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PARTICIPANTS’ PAPERS
under the name of ISIS. The most recent fatal terrorist incident on blogger Yameen Rasheed was carriedout by locals affiliated with Al-Qaeda. The transnational aspect of terrorist activities carried out in Maldivesis indisputable.
The Anti-Terrorism Act that came into effect in 2015 defines a wide range of acts done with the purpose
to promote political or religious or extremist ideology and to coerce or unduly influence the government orcreate fear among the public, as terrorism.6 The act further criminalizes a range of acts associated withterrorism, including financing, encouraging, planning and carrying out terrorist acts.7 The Act provides for
special procedures in arrest, search, seizure and detention of suspects which effectively addresses andprovides for investigation officers to deal with the imminent threat such cases pose. It also contains a special
evidentiary burden, which has proved helpful in prosecution. The act recognizes and provides for the outflowof Maldivians to Syria and other warzones that occurred mainly during early 2000, by stipulating a special
mechanism for detention, rehabilitation and reintegration of foreign fighters.
Additionally, the National Counter Terrorism Centre (NCTC) of Maldives was established. The NCTC is
the primary agency responsible for preventing and countering terrorism in the country. It works incoordination with other national agencies, including the MPS, Maldives National Defence Force (MNDGF)
and Maldives Immigration. NCTC's main functions include conducting research and analysis on terrorism
trends and threats, coordinating with international partners on counter-terrorism initiatives, developing andimplementing national counter-terrorism strategies and action plans, and providing training and support toother national agencies in areas related to counter-terrorism.
Therefore, it is fair to say sufficient and adequate measures have been put in place to counter terrorist
activities. However, many who are radicalized and continue to spread extremist ideologies are free, as
commented by Commissioner of Police Mohamed Hameed8 as well, preventing a successful cease of suchactivity in Maldives. Moreover, in a number of cases, for instance in the case of the terrorist attack against
former President Mohamed Nasheed, the prosecution has had to opt for less serious charges such as merepossession of terrorist materials against perpetrators because of insufficient evidence to support charges forthe actual acts they committed.
The “Prison Radicalization in the Maldives” report published by Transparency Maldives in collaboration
with the Maldives Ministry of Home Affairs, noted:
there is a great deal of overlap between gangs and militant jihadist groups. Maldivian gangmembers may be told that they can continue most of their gang activities, as stealing from kafirs(unbelievers), especially in order to finance militant jihad, is halal (permissible). Thus, thecriminal/terrorist nexus is forged and the two support each other's activities.
In the November 2020 case, witnesses informed the police that they had heard similar harmful teachingsfrom the suspects of the case, who in fact had prior criminal records, indicating that although progress has
been made in preventing terrorist incidents, the crime-terror nexus is still prevalent and active in theMaldives, which needs addressing.
B. Drug Smuggling in Maldives
The Narcotics Drugs Act of 2011 provides the legal framework for combating drug trafficking in Maldives.
The act lists illicit substances that are prohibited in the country, and imposes harsh penalties for drug-related
offences, including life imprisonment and fines of up to MVR 10 million (approximately USD 700,000) for thosefound guilty of trafficking and importing or exporting.
In recent years, there have been numerous cases where large quantities of narcotic drugs have been
seized by MPS. Although there has not been any case involving drug smuggling through sea vessels presented
to the Prosecutor General’s Office for charging in 2023, reports suggest Maldives is most susceptible to drugtrade happening at sea due to Maldives’ geographical location and the country being an archipelago.
6

Section 4, Anti-Terrorism Act.
Section 5-17, Anti-Terrorism Act.
8
https://www.aljazeera.com/news/2021/5/8/who-tried-to-kill-mohamed-nasheed
7

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For instance, in October 2020, the police conducted an extensive operation and arrested individuals
involved in the drug trade in Seenu Atoll, located near the southernmost point of Maldives’ Exclusive
Economic Zone (EEZ). A total of 61 kg of Diamorphine (heroin) and 17 kg of methamphetamine were seized.
In March 2020, 60 kg of heroin was also seized from a fishing vessel near the capital city.
The next most prevalent method used to smuggle drugs into Maldives is through human couriers.
Statistics published by MPS at a press briefing showed that 41 foreigners were caught smuggling drugs into
the country in the past three years, with 40 of them caught in transit.
As reported by UNODC,9 Maldives is not a drug cultivating or producing country. All illegal drugs areimported via neighbouring countries by air and sea. Maldives is located in a region where drug smuggling isprevalent, despite having proper national legislation and adequate policing capabilities, a collective effort, andassistance from neighbouring countries, is needed to combat the problem.
C. Human Trafficking in Maldives
Almost one-third of the population in the Maldives consists of migrant workers, primarily from Bangladesh
and India, with many being undocumented. The problem of human trafficking in the Maldives is often linked
to the exploitation of these vulnerable undocumented foreign workers. They are frequently subject to abuseand exploitation by their employers, who withhold their passports, force them to work in hazardous andunhealthy conditions, and pay them below minimum wage.
The high number of undocumented foreign workers is mainly due to fraudulent quota allocations forlabour recruitment agencies and poor border control. PGO has dealt with numerous cases involving sexual
exploitation of foreign nationals who were brought to the Maldives under the guise of employment or tourist
visas and has successfully secured convictions in such cases. However, the challenge remains regarding
foreigners brought to the Maldives primarily for construction purposes without proper documentation.
In 2019, the police initiated an investigation into 27 cases of labour recruitment agencies suspected ofpotential labour trafficking. However, due to the failure of victim identification, which is a requirement under
the Prevention of Human Trafficking Act, the police determined that none of the cases contained trafficking
offences.
The challenge of prosecuting labour trafficking cases lies in the lack of proper support mechanisms forvulnerable victims and their identification. Most victims are indebted to their employers, either monetarily
or in other forms, and without proper support mechanisms, they are often unwilling to pursue legal action
against their employer. This results in insufficient evidence to pursue human trafficking charges.

IV. CHALLENGES AND SHORTCOMINGSAs mentioned earlier, the Maldives now possesses the foundational legal frameworks and mechanisms
necessary to combat transnational crimes such as terrorism, drug smuggling, or human trafficking. The
challenge now, or the area of improvement that we must focus on, is improving the effectiveness of thecurrent mechanisms in place.
Transnational crimes are a global issue, and the prevalence of extremism or drug smuggling in theMaldives is a threat to neighbouring countries such as Sri Lanka or India, and vice versa. As Martin LutherKing Jr. noted, “Whatever affects one directly, affects all indirectly.” Now more than ever, there is a need forinternational collaboration in combating these crimes, as technologies have evolved, and criminals are notbound by country borders.
Regarding terrorism, I have had firsthand experience with a suspect explaining how extremists are now
9

UNODC. “Maldives.” South Asia Regional Profile. September 2005. Accessed on 18 April 2023. https://www.unodc.org/pdf/
india/publications/south_Asia_Regional_Profile_Sept_2005/11_maldives.pdf.

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PARTICIPANTS’ PAPERS
more focused on subtle infiltration into government as public officials, rather than carrying out terrorist
attacks. They are now focused on spreading extremist ideology and increasing recruitment by getting suchpeople elected into policy-level jobs. This, of course, would not be recorded in police or prosecution statistics.
With drug smuggling, the Maldives being a country with no cultivation or production of drugs but only
receiving them from neighbouring countries through air and sea, the underlying problem seems to beinadequate monitoring of territorial waters and inadequate airport security. The geography of the Maldivesadds to the problem, as being an archipelago consisting of thousands of islands makes it difficult to monitor
the entire country's coastline, giving an advantage for drug smugglers to transport drugs by sea.
The Maldivian government has made progress regarding quota allocation for labour recruitment agencies.
The 27 agencies and others suspected of labour trafficking in 2019 had been suspended, and stricter quota
allocation rules have been put in place. However, the area of victim identification and protection still requires
further investments.

V. COUNTERMEASURESIn order to effectively combat the transnational crimes highlighted above, there are several countermeasuresthat could be implemented. For instance, strengthening law enforcement capabilities through better trainings,
resources and equipment can help to counter the spread of extremist ideology and improve border security
and monitoring of territorial waters. Greater international collaboration on mutual legal assistance (MLA),
extradition and information sharing from neighbouring countries, international organizations and intelligencebodies can help MPS, Customs and Immigration officials to disrupt terrorist activities, drug smuggling andtrafficking in persons before they materialize. Advanced technological resources in border control canstrengthen Maldives’ efforts to prevent the entry of illegal drugs and human trafficking victims into thecountry.
Additionally, assistance from neighbouring countries in victim identification and protection for victims ofhuman trafficking and drug smuggling, through cooperation, collaboration and investments can pave way formore successful prosecution of such cases. It is also important to address the underlying causes of transnational
crimes such as socioeconomic factors, through investment in general social well-being, socioeconomic
activities, sports and education.

VI. CONCLUSION
Maldives is a relatively peaceful country. Only about 300 cases are submitted to PGO for prosecution permonth.10 However, as a prosecutor working in the Maldives, I have seen firsthand the impact of transnational
crimes on our country’s national security and safety. The proliferation of recruitment for religious extremism,
undocumented and unregulated foreign workers, and drug smuggling have created a significant challenge
for law enforcement agencies.
In response to this challenge, it is imperative that we take a collective international approach. We must
continue to develop and improve our legal framework to effectively prosecute and adjudicate transnational
crimes. We must invest in the exchange of intelligence and knowledge to combat transnational crimes, aswell as in technology and resources such as border control and surveillance. By working together, we caneffectively combat transnational crimes in Maldives and worldwide.

10

https://aamahi.pgo.mv/en/statistics/dp

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No. 116

APPENDIX

UNAFEI

PHOTOGRAPHS
THE 180th INTERNATIONAL SENIOR SEMINAR

THE SECOND INTERNATIONAL TRAINING COURSE ON BUILDING INCLUSIVE SOCIETIES85

RESOURCE MATERIAL SERIES No. 116

THE 181st INTERNATIONAL TRAINING COURSE

86

APPENDIXRESOURCE MATERIAL SERIES INDEX
Vol.

Course No.

Course Dates

1

Public Participation in Social Defence

25

Sep-Dec 1970

2

Administration of Criminal Justice26

Jan-Mar 1971

3

[Corrections]27

Apr-Jul 1971

[Police, Prosecution and Courts]

28

Sep-Dec 1971

Social Defence Planning

29

Feb-Mar 1972

Treatment of Crime and Delinquency

30

Apr-Jul 1972

United Nations Training Course in Human Rights in the
Administration of Criminal Justicen/a

Aug-Sep 1972

Administration of Criminal Justice31

Sep-Dec 1972

4
5
6

Training Course Name

Reform in Criminal Justice32

Feb-Mar 1973

Treatment of Offenders

33

Apr-Jul 1973

7

[Administration of Criminal Justice]34

Sep-Dec 1973

8

Planning and Research for Crime Prevention

35

Feb-Mar 1974

Administration of Criminal Justice36

Apr-Jun 1974

International Evaluation Seminar37

Jul 1974

Treatment of Juvenile Delinquents and Youthful Offenders

38

Sep-Nov 1974

The Roles and Functions of the Police in a Changing Society

39

Feb-Mar 1975

9
10

Treatment of Offenders

40

Apr-Jul 1975

NB: Resource Material Series Index, Nos. 1-10 (p. 139)n/a

Oct 1975

11

Improvement in the Criminal Justice System

41

Sep-Dec 1975

12

Formation of a Sound Sentencing Structure and Policy

42

Feb-Mar 1976

Treatment of Offenders

43

Apr-Jul 1976

13

Exploration of Adequate Measures for Abating and Preventing
Crimes of Violence

44

Sep-Dec 1976

14

Increase of Community Involvement

45

Feb-Mar 1977

Treatment of Juvenile Delinquents and Youthful Offenders

46

Apr-Jul 1977

Speedy and Fair Administration of Criminal Justice47

Sep-Dec 1977

Prevention and Control of Social and Economic Offences48

Feb-Mar 1978

Report of United Nations Human Rights Training Coursen/a

Dec 1977

Treatment of Offenders

49

Apr-Jul 1978

Dispositional Decisions in Criminal Justice Process50

Sep-Dec 1978

Treatment of Dangerous or Habitual Offenders

51

Feb-Mar 1979

Community-Based Corrections

52

Apr-Jul 1979

18

Roles of the Criminal Justice System in Crime Prevention

53

Sep-Dec 1979

19

Arrest and Pre-Trial Detention

54

Feb-Mar 1980

Institutional Treatment of Adult Offenders

55

Apr-Jul 1980

Institutional Treatment of Adult Offenders

55

Apr-Jul 1980

Integrated Approach to Effective and Efficient Administration of
Criminal Justice56

Sep-Nov 1980

15

16
17

20

NB: Resource Material Series Index, Nos. 1-20 (p. 203)
21

Crime Prevention and Sound National Development

Mar 1981
57

Feb-Mar 198187

RESOURCE MATERIAL SERIES No. 116

Integrated Approach to Effective Juvenile Justice Administration(including Proposed Guidelines for the Formulation of theStandard Minimum Rules for Juvenile Justice Administration: A
draft prepared by UNAFEI on the basis of the reports of thestudy groups at the 58th International Training Course)

58

May-Jul 1981

Contemporary Problems in Securing an Effective, Efficient andFair Administration of Criminal Justice and Their Solutions

59

Feb-Mar 1982

Securing Rational Exercise of Discretionary Powers at
Adjudication and Pre-adjudication Stages of Criminal Justice
Administration

60

Apr-Jul 1982

23

Improvement of Correctional Programmes for More Effective
Rehabilitation of Offenders

61

Sep-Nov 1982

24

Promotion of Innovations for Effective, Efficient and Fair
Administration of Criminal Justice62

Feb-Mar 1983

Community-Based Corrections

63

Apr-Jul 1983

The Quest for a Better System and Administration of Juvenile
Justice64

Sep-Dec 1983

Documents Produced during the International Meeting of Expertson the Development of the United Nations Draft Standard
Minimum Rules for the Administration of Juvenile Justicen/a

Nov 1983

International Cooperation in Criminal Justice Administration

65

Feb-Mar 1984

Promotion of Innovation in the Effective Treatment of Prisoners
in Correctional Institutions

66

Apr-Jul 198427

An Integrated Approach to Drug Problems

67

Sep-Dec 1984

28

Contemporary Asian Problems in the Field of Crime Prevention
and Criminal Justice, and Policy Implications

68

Feb-Mar 1985

Report of the Fifth Meeting of the Ad Hoc Advisory Committeeof Experts on UNAFEI Work Programmes and Directions

n/a

Mar 1985

Report of the International Workshop on the Role of Youth
Organizations in the Prevention of Crime Among Youthn/a

Jul 1985

Follow-up Team for Ex-Participants of UNAFEI Courses

n/a

Dec 1985

Community-Based Corrections

69

Apr-Jul 1985

29

In Pursuit of Greater Effectiveness and Efficiency in the Juvenile
Justice System and Its Administration70

Sep-Dec 1985

30

Promotion of Innovation in Criminal Justice Administration for
the Prevention of New Criminality

71

Feb-Mar 1986

The Quest for Effective and Efficient Treatment of Offenders in
Correctional Institutions

72

Apr-Jul 1986

Economic Crime: Its Impact on Society and Effective Prevention73

Sep-Nov 1986

Report of the International Seminar on Drug Problems in Asiaand the Pacific Regionn/a

Aug 1986

Advancement of Fair and Humane Treatment of Offenders andVictims in Criminal Justice Administration74

Feb-Mar 1987

Non-institutional Treatment of Offenders: Its Role andImprovement for More Effective Programmes

75

Apr-Jun 1987

Evaluation of UNAFEIʼs International Courses on Prevention of
Crime and Treatment of Offenders, and Drug Problems in Asia

76

Aug-Sep 1987

Crime Related to Insurance77

Oct-Dec 1987

22

25

26

31

32

33

88

APPENDIX

Report of the Sixth Meeting of the Ad Hoc Advisory Committeeof Experts on UNAFEI Work Programmes and Directionsn/a

Sep 1987

Report of the Workshop on Implementation Modalities for the
Twenty-Three Recommendations Adopted by the International
Seminar on Drug Problems in Asia and the Pacific Regionn/a

Sep 1987

Footprints, Contemporary Achievements and Future
Perspectives in Policies for Correction and Rehabilitation of
Offenders78

Feb-Mar 1988

Search for the Solution of the Momentous and Urgent Issues inContemporary Corrections

79

Apr-Jul 1988

Resolution of the Asia and Pacific Regional Experts Meetingn/a

Mar 1988

Report of the Meeting of Experts on the United Nations Draft
Standard Minimum Rules for Non-Custodial Measures (TheTokyo Rules)n/a

Jul 1988

35

Quest for Effective International Countermeasures to Pressing
Problems of Transnational Criminality

80

Sep-Nov 1988

36

Advancement of the Integration of Criminal Justice
Administration

81

Feb-Mar 1989

Innovative Measures for Effective and Efficient Administration of
Institutional Correctional Treatment of Offenders

82

Apr-Jul 1989

Report of the Expert Group Meeting on Adolescence and Crime
Prevention in the ESCAP Regionn/a

Aug 1989

Crime Prevention and Criminal Justice in the Context ofDevelopment83

Sep-Nov 1989

International Workshop on Victimology and Victimʼs Rights

n/a

Oct 1989

Policy Perspectives on Contemporary Problems in Crime
Prevention and Criminal Justice Administration

84

Jan-Mar 1990

Wider Use and More Effective Implementation of Non-custodial
Measures for Offenders

85

Apr-Jun 1990

39

Search for Effective and Appropriate Measures to Deal with the
Drug Problem

86

Sep-Dec 1990

40

Development of an Effective International Crime and Justice
Programme

87

Jan-Mar 1991

Institutional Treatment of Offenders in Special Categories

88

Apr-Jul 1991

NB: Resource Material Series Index, Nos. 21-40 (p. 333)

n/a

n/a

41

Effective and Innovative Countermeasures against Economic
Crime

89

Sep-Dec 1991

42

Quest for Solutions of the Pressing Problems of Contemporary
Criminal Justice Administration

90

Jan-Feb 1992

Further Use and Effectual Development of Non-Custodial
Measures for Offenders

91

Apr-Jul 1992

43

Quest for Effective Methods of Organized Crime Control

92

Sep-Nov 1992

44

Policy Perspective for Organized Crime Suppression

93

Feb-Mar 1993

Current Problems in Institutional Treatment and Their Solution

94

Apr-Jul 199345

Effective Countermeasures against Crimes Related to
Urbanization and Industrialization—Urban Crime, Juvenile
Delinquency and Environmental Crime95

Sep-Dec 1993

46

Promotion of International Cooperation in Criminal Justice
Administration

96

Jan-Mar 1994

34

37

38

89

RESOURCE MATERIAL SERIES No. 116

Effective Treatment of Drug Offenders and Juvenile Delinquents

97

Apr-Jul 1994

47

Economic Crime and Effective Countermeasures against It

98

Sep-Dec 1994

48

The Effective Administration of Criminal Justice: Public
Participation and the Prevention of Corruption

99

Jan-Mar 1995

The Institutional Treatment of Offenders: Relationships with
Other Criminal Justice Agencies and Current Problems in
Administration

100

Apr-Jul 1995

49

The Fair and Efficient Administration of Criminal Justice: The
Proper Exercise of Authority and Procedural Justice101

Sep-Dec 1995

50

Crime Prevention through Effective Firearms Regulation

102

Jan-Mar 1996

51

Improvement of the Treatment of Offenders through theStrengthening of Non-custodial Measures

103

Apr-Jul 1996

International Cooperation in Criminal Justice Administration

104

Sep-Nov 1996

The Effective Administration of Criminal Justice for thePrevention of Corruption by Public Officials

105

Jan-Feb 1997

The Quest for Effective Juvenile Justice Administration

106

Apr-Jul 1997

The Role and Function of Prosecution in Criminal Justice107

Sep-Nov 1997

The Ninth Meeting of the Ad Hoc Advisory Committee ofExperts on UNAFEI Work Programmes and Directionsn/a

Oct 1997

Current Problems in the Combat of Organized Transnational
Crime

108

Jan-Feb 1998

Effective Treatment Measures for Prisoners to Facilitate Their
Reintegration into Society

109

Apr-Jul 1998

Effective Countermeasures against Economic and Computer
Crime

110

Aug-Nov 1998

The Role of Police, Prosecution and the Judiciary in the Changing
Society111

Jan-Feb 1999

Participation of the Public and Victims for More Fair andEffective Criminal Justice112

Apr-Jul 1999

The Effective Administration of Criminal Justice for thePrevention of Corrupt Activities by Public Officials

113

Aug-Nov 1999

International Cooperation to Combat Transnational Organized
Crime—with Special Emphasis on Mutual Legal Assistance andExtradition

114

Jan-Feb 2000

Current Issues in Correctional Treatment and Effective
Countermeasures

115

May-Jun 2000

Effective Methods to Combat Transnational Organized Crime in
Criminal Justice Processes

116

Aug-Nov 2000

Current Situation and Countermeasures against Money
Laundering

117

Jan-Feb 2001

Best Practices in the Institutional and Community-Based
Treatment of Juvenile Offenders

118

May-Jul 2001

Current Situation of and Countermeasures against Transnational
Organized Crime

119

Sep-Nov 2001

60

Effective Administration of the Police and the Prosecution in
Criminal Justice120

Jan-Feb 2002

61

Enhancement of Community-Based Alternatives to Incarceration
at all Stages of the Criminal Justice Process

121

May-Jul 2002

52
53

54

55

56

57

58

59

90

APPENDIX

62

The Effective Administration of Criminal Justice to Tackle
Trafficking Human Beings and Smuggling of Migrants

122

Sep-Oct 2002

63

The Protection of Victims of Crime and the Active Participationof Victims in the Criminal Justice Process Specifically
Considering Restorative Justice Approaches

123

Jan-Feb 2003

64

The Effective Prevention and Enhancement of Treatment for
Drug Abusers in the Criminal Justice Process

124

Apr-Jun 2003

65

Effective Countermeasures against Illicit Drug Trafficking andMoney Laundering125

Sep-Oct 2003

Sixth International Training Course on Corruption Control in
Criminal Justice

6th UNCAC

66

Economic Crime in a Globalizing Society—Its Impact on theSound Development of the State

126

Jan-Feb 2004

67

Implementing Effective Measures for the Treatment of Offenders
after Fifty Years of United Nations Standard Setting in Crime
Prevention and Criminal Justice127

May-Jun 2004

Measures to Combat Economic Crime, Including Money
Laundering

128

Aug-Oct 2004

68

Crime Prevention in the 21st Century—Effective Prevention of
Crime Associated with Urbanization Based upon Community
Involvement and Prevention of Youth Crime and Juvenile
Delinquency

129

Jan-Feb 2005

69

Integrated Strategies to Confront Domestic Violence and Child
Abuse

130

May-Jun 2005

7th UNCAC

Oct-Nov 2005

Seventh Special Training Course on Corruption Control in
Criminal Justice

Nov 2003

70

The Use and Application of the United Nations Declaration of
Basic Principles of Justice for Victims of Crime and Abuse ofPower—Twenty Years after Its Adoption

131

Aug-Oct 2005

71

Strengthening the Legal Regime for Combating Terrorism

132

Jan-Feb 2006

Eighth International Training Course on Corruption Control in
Criminal Justice

8th UNCAC

Oct-Nov 2005

72

Effective Prevention and Enhancement of Treatment for Sexual
Offenders133

May-Jun 2006

73

Challenges in the Investigation, Prosecution and Trial ofTransnational Organized Crime

134

Aug-Oct 2006

Ninth International Training Course on Corruption Control in
Criminal Justice

9th UNCAC

Oct-Nov 2006

74

Promoting Public Safety and Controlling Recidivism Using
Effective Interventions with Offenders: An Examination of Best
Practices

135

Jan-Feb 200775

Effective Measures for the Treatment of Juvenile Offenders andtheir Reintegration into Society

136

May-Jun 200776

Corporate Crime and the Criminal Liability of Corportate Entities

137

Sep-Oct 2007

10th UNCAC

Oct-Nov 2007

Tenth International Training Course on the Criminal Justice
Response to Corruption
77

Effective Legal and Practical Measures for Combating Corruption:
A Criminal Justice Response

138

Jan-Feb 2008

78

Profiles and Effective Treatment of Serious and Violent Juvenile
Offenders

139

May-Jun 2008

91

RESOURCE MATERIAL SERIES No. 116

79

140

Sep-Oct 2008

Eleventh International Training Course on the Criminal Justice
Response to Corruption

11th UNCAC

Oct-Nov 2008

The Improvement of the Treatment of Offenders through the
Enhancement of Community-Based Alternatives to Incarceration

141

Jan-Feb 2009

Effective Countermeasures against Overcrowding of Correctional
Facilities

142

May-Jun 2009

Twelfth International Training Course on the Criminal Justice
Response to Corruption

12th UNCAC

Jul-Aug 2009

Ethics and Codes of Conduct for Judges, Prosecutors and Law
Enforcement Officials

143

Sep-Nov 200981

The Enhancement of Appropriate Measures for Victims of Crime
at Each Stage of the Criminal Justice Process

144

Jan-Feb 201082

Effective Resettlement of Offenders by Strengthening“Community Reintegration Factors”

145

May-Jun 2010

83

Attacking the Proceeds of Crime: Identification, Confiscation,
Recovery and Anti-Money Laundering Measures

146

Aug-Oct 2010

The 13th International Training Course on the Criminal Justice
Response to Corruption

13th UNCAC

Oct-Nov 201080

The Criminal Justice Response to Cybercrime

84

Community Involvement in Offender Treatment

147

Jan-Feb 201185

Drug Offender Treatment: New Approaches to an Old Problem

148

May-Jun 2011

86

Securing Protection and Cooperation of Witnesses and Whistleblowers

149

Aug-Sep 2011

Effective Legal and Practical Measures against Corruption

14th UNCAC

Oct-Nov 201187

Trafficking in Persons—Prevention, Prosecution, Victim
Protection and Promotion of International Cooperation

150

Jan-Feb 201288

Evidence-Based Treatment of Offenders

151

May-Jun 201289

Trafficking in Persons—Prevention, Prosecution, Victim
Protection and Promotion of International Cooperation

152

Aug-Sep 2012

Effective Legal and Practical Measures against Corruption

15th UNCAC

Oct-Nov 2012

90

Treatment of Female Offenders

153

Jan-Feb 2013

91

Stress Management of Correctional Personnel—Enhancing the
Capacity of Mid-Level Staff

154

May-Jun 201392

Effective Collection and Utilization of Evidence in Criminal Cases

155

Aug-Oct 2013

Effective Measures to Prevent and Combat Corruption and to
Encourage Cooperation between the Public and Private Sectors

16th UNCAC

Oct-Nov 2013

93

Protection for Victims of Crime and Use of Restorative Justice
Programmes

156

Jan-Feb 201494

Assessment and Treatment of Special Needs Offenders

157

May-Jun 201495

Measures for Speedy and Efficient Criminal Trials

158

Aug-Sep 2014

17th UNCAC

Oct-Nov 2014

Effective Measures to Prevent and Combat Corruption Focusing
on Identifying, Tracing, Freezing, Seizing, Confiscating andRecovering Proceeds of Corruption
96

Public Participation in Community Corrections

159

Jan-Feb 201597

The State of Cybercrime: Current Issues and Countermeasures

160

May-Jun 201598

Staff Training for Correctional Leadership

161

Aug-Sep 2015

18th UNCAC

Oct-Nov 2015

Effective Anti-Corruption Enforcement and Public-Private andInternational Cooperation
92

APPENDIX

99

Multi-Agency Cooperation in Community-Based Treatment of
Offenders

162

Jan-Feb 2016

100

Children as Victims and Witnesses

163

May-Jun 2016101

Effective Measures for Treatment, Rehabilitation and Social
Reintegration of Juvenile Offenders

164

Aug-Sep 2016

Effective Anti-Corruption Enforcement (Investigation andProsecution) in the Area of Procurement

19th UNCAC

Oct-Nov 2016

102

Juvenile Justice and the United Nations Standards and Norms

165

Jan-Feb 2017

103

Criminal Justice Procedures and Practices to Disrupt Criminal
Organizations

166

May-Jun 2017

104

Rehabilitation and Social Reintegration of Organized Crime
Members and Terrorists

167

Aug-Sep 2017

Effective Measures to Investigate the Proceeds of Corruption
Crimes20th UNCAC

Nov-Dec 2017

105

Enhancing the Rule of Law in the Field of Crime Prevention andCriminal Justice: Policies and Practices Based on the United
Nations Conventions and Standards and Norms

168

Jan-Feb 2018

106

Criminal Justice Practices against Illicit Drug Trafficking

169

May-Jun 2018

107

Treatment of Illicit Drug Users

170

Aug-Sep 2018

Effective Criminal Justice Practices through International
Cooperation and Engagement of Civil Society for Combating
Corruption

21st UNCAC

Oct-Nov 2018108

Criminal Justice Response to Crimes Motivated by Intolerance
and Discrimination

171

Jan-Feb 2019109

Criminal Justice Responses to Trafficking in Persons andSmuggling of Migrants

172

May-Jun 2019110

Tackling Violence against Women and Children through Offender
Treatment: Prevention of Reoffending

173

Aug-Sep 2019

Detection, Investigation, Prosecution and Adjudication of HighProfile Corruption

22nd UNCAC

Oct-Nov 2019111

Prevention of Reoffending and Fostering Social Inclusion: From
Policy to Good Practice174

Jan-Feb 2020

112

n/a  (Training programmes postponed due to the Covid-19
pandemic)

n/a

n/a

113

Tackling Emerging Threats of Corruption in the Borderless andDigitalized World

114

115

23rd UNCAC

Sep-Oct 2021

Treatment of Women Offenders

175

Oct-Nov 2021

Achieving Inclusive Societies through Effective Criminal Justice
Policies and Practices

176

Nov-Dec 2021

Preventing Reoffending through a Multi-stakeholder Approach

177

Jan-Feb 2022

Protection of the Rights of Crime Victims Including Children

First Inclusive
Societies

Mar 2022

Cybercrime and Digital Evidence

178

Jun-Jul 2022

Juvenile Justice and Beyond – Effective Measures for the
Rehabilitation of Juveniles in Conflict with the Law and Young
Adult Offenders179

Sep 2022

Chair's Summary, Enhancing Technical Assistance to Reduce
Reoffending and Promote Inclusive Societiesn/a

Oct 2022

93

RESOURCE MATERIAL SERIES No. 116

UNAFEI's 60th and ACPF's 40th Anniversary Event
Identifying, Tracing, Freezing, Seizing, Confiscating andRecovering Proceeds of Corruption: Challenges and Solutions
116

Promoting Legal Aid for Offenders and Victims
Rehabilitation and Social Reintegration of Offenders with
Substance Use Disorders
Countermeasures against Transnational Organized Crime –The
20th Anniversary of UNTOC–

94

n/a

Oct 2022

24th UNCAC

Nov 2022

180
SecondInclusive
Societies
181

Jan-Feb 2023
Mar 2023
May-Jun 2023

ISSN 0256-5471
ISBN 978-4-87033-345-1

Printed in Japan by KITAJIMA Co., LTD.