INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of Crimeand the Treatment of Offenders (UNAFEI) offers to the international community the Resource
Material Series No. 86.
This volume contains the work produced in the 149th International Training Course, conductedfrom 25 August to 30 September 2011, and the 14th UNAFEI UNCAC Training Programme,conducted from 13 October to 10 November 2011. The main theme of the 149th Course was“Securing Protection and Cooperation of Witnesses and Whistle-blowers”. The main theme of the14th UNAFEI UNCAC Training Programme was “Effective Legal and Practical Measures againstCorruption”.
With regard to the 149th Course, witness statements and testimony are the cornerstones ofcriminal proceedings. Without them, successful investigation and prosecution of criminal conduct
is almost impossible. Likewise, whistle-blowing often plays a key role in exposing criminal conductthat would otherwise remain undetected. However, securing the cooperation of witnesses andwhistle-blowers can be difficult. Obstacles to their full cooperation include fear for their safety, therisk of retaliation, and other disadvantageous treatment. To remove these obstacles, measures thatprovide adequate protection are much needed. Further, obstruction of justice, including witness
tampering, should be criminalized and properly punished.
In the case of witnesses who are themselves implicated in crime or conspiracy, immunityfrom prosecution or mitigation of punishment will strongly encourage cooperation. Properlyadministered, these measures can be a particularly effective tool in the fight against organizedcrime and corruption.
These considerations are reflected in the United Nations Convention against Transnational
Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC),
which require States Parties to provide effective protection for witnesses; criminalize obstructionof justice; consider the options of granting immunity or mitigating punishment for cooperating
witnesses; and consider adopting appropriate measures to protect whistle-blowers.
With regard to the 14th UNAFEI UNCAC Training Programme, corruption is a problem that
constantly needs to be challenged and this is the reason UNAFEI holds an annual multiple country
course specifically on corruption control. UNAFEI’s course focuses chiefly on the measurescontained in the United Nations Convention against Corruption, which was adopted by the General
Assembly of the United Nations in 2003. The Convention was adopted in recognition of the harmcorruption can cause, especially in developing countries, and the fact that it can transcend nationalborders.
The Convention came into force in December 2005 and requires States Parties to implement
a number of measures to tackle corruption in a comprehensive way, including measures directed
at prevention, criminalization, international co-operation, and asset recovery. UNAFEI’sannual UNCAC Training Programme is our contribution to promoting the ratification and full
implementation of the Convention by all UN Member States, and a step closer towards freeing theworld from the grip of corruption.
In this issue, in regard to both the 149th International Training Course and the 14th UNAFEIUNCAC Training Programme, papers contributed by visiting experts, selected individual
presentation papers from among the participants, and the Reports of the Courses are published. I
regret that not all the papers submitted by the participants of each Course could be published.
I would like to pay tribute to the contributions of the Government of Japan, particularly theMinistry of Justice, the Japan International Cooperation Agency, and the Asia Crime Preventionvii

Foundation for providing indispensable and unwavering support to UNAFEI’s international training
programmes.
Finally I would like to express my heartfelt gratitude to all who so unselfishly assisted in thepublication of this series; in particular, the editor of Resource Material Series No. 86, Ms. GraceLord.
March 2012

Tatsuya Sakuma
Director of UNAFEIviii