NUMBER 105

SEPTEMBER 2018

ANNUAL REPORT FOR 2017
andRESOURCE MATERIAL SERIESFEATURED ARTICLESTHE RULE OF LAW AS A CONCEPT IN DISCUSSIONS AT THE UNITED NATIONSWHAT IS THE ROLE OF THE PUBLIC IN CRIME PREVENTION AND CRIMINAL JUSTICE? THE DEBATE IN THE
UNITED NATIONSUNAFEI PANEL DISCUSSION ON ACCESS TO JUSTICE
Dr. Matti Joutsen（Finland）
CITIZEN PARTICIPATION IN CRIMINAL TRIALS AND REFORMATION OF CRIMINAL JUSTICE IN JAPANProf. Masahito Inouye（Japan）
CURRENT SITUATION AND CHALLENGES OF LAW-RELATED EDUCATION
PRACTICE OF LAW-RELATED EDUCATION TO DEVELOP LEGAL LITERACY
Dr. Kyoko Isoyama（Japan）
EFFECTIVE PRACTICE TO ENHANCE ACCESS TO JUSTICE FOR WOMEN AS VICTIMS IN THAILAND
Dr. Kittipong Kittayarak（Thailand）
UNAFEI CONNECTION: THE IMPACT OF INTERNATIONAL TRAINING COURSES AND SEMINARS ON THE
PROMOTION OF THE RULE OF LAW IN PARTICIPATING COUNTRIES
Mr. Severino H. Gaña, Jr.（Philippines）

SUPPLEMENTAL MATERIALREPORT OF THE FOLLOW-UP SEMINAR FOR THE SECOND PHASE OF THE THIRD COUNTRY TRAINING
PROGRAMME (TCTP) FOCUSING ON THE DEVELOPMENT OF COMMUNITY-BASED TREATMENT OF
OFFENDERS IN THE CLMV COUNTRIESTHE UNITED NATIONS ASIA AND FAR EAST INSTITUTE FOR THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERSANNUAL REPORT FOR 2017AND

RESOURCE MATERIALSERIES NO. 105
ENHANCING THE RULE OF LAW IN THE FIELD OF
CRIME PREVENTION AND CRIMINAL JUSTICE:
POLICIES AND P RACTICES B ASED ON THE U NITED N ATIONSCONVENTIONS AND STANDARDS AND NORMS

UNAFEI
Akishima, Tokyo, Japan

September 2018

Takeshi Seto
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 ㌀
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v

PART ONEANNUAL REPORT FOR 2017
Main Activities of UNAFEI ㌀
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㌀3
UNAFEI Work Programme for 2018 ㌀
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㌀19

PART TWOWORK PRODUCT OF THE 168TH
INTERNATIONAL SENIOR SEMINAR“ENHANCING THE RULE OF LAW IN THE FIELD OF CRIME PREVENTION
AND CRIMINAL JUSTICE: POLICIES AND PRACTICES BASED ON THE
UNITED NATIONS CONVENTIONS AND STANDARDS AND NORMS”
Visiting Expertsʼ Papers


The Rule of Law as a Concept in Discussions at the United Nations
by Dr. Matti Joutsen (Finland) ㌀
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㌀39



What Is the Role of the Public in Crime Prevention and Criminal Justice? The Debate in
the United Nations
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㌀49



UNAFEI Panel Discussion on Access to Justiceby Dr. Matti Joutsen (Finland) ㌀
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㌀70



Citizen Participation in Criminal Trials and Reformation of Criminal Justice in Japanby Prof. Masahito Inouye (Japan) ㌀
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㌀74



Current Situation and Challenges of Law-Related Education
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㌀ 116



Practice of Law-Related Education to Develop Legal Literacy
by Dr. Kyoko Isoyama (Japan)㌀
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㌀ 127



Effective Practice to Enhance Access to Justice for Women as Victims in Thailand
by Dr. Kittipong Kittayarak (Thailand) ㌀
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㌀ 135



UNAFEI Connection: The Impact of International Training Courses and Seminars on
the Promotion of Rule of Law in Participating Countries
by Mr. Severino H. Gaña, Jr. (Philippines) ㌀
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㌀ 144

Participantsʼ Papers
Success Factors for Smashing Corruption and New Approaches to Sustain Probity
Culture in Hong Kongby Ms. Elis Leung (Hong Kong) ㌀
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㌀ 152

iii



Law-Related Education Contributing to Peaceful and Inclusive Societies
by Mr. Sanjeewa Manojith Dharmaratna (Sri Lanka) ㌀
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㌀ 156



Easy Access to Justice for All Including Vulnerable Persons in Maldivesby Mr. Hassan Haneef (Maldives) ㌀
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㌀ 165



Public Participation in Adjudication in Thailand
by Mr. Peerapong Pareerurk (Thailand) ㌀
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㌀ 169

Reports of the Seminar

Law-Related Education Contributing to Peaceful and Inclusive Societies
by Group 1㌀
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㌀ 173



Access to Justice for All in the Criminal Justice System
by Group 2㌀
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㌀ 183



Community-Based Dispute Resolution
by Group 3㌀
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㌀ 191

PART THREE
SUPPLEMENTAL MATERIAL

Report of the Follow-Up Seminar for the Second Phase of the Third Country Training
Programme (TCTP) Focusing on the Development of Community-Based Treatment of
Offenders in the CLMV Countries
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㌀ 199

APPENDIX㌀
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Presentations of the 168th International Senior Seminar

Revitalizing Urban Civic Culture
by Dr. Roy Godson (United States) ㌀
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㌀ 207



Enhancing the Rule of Law in the Field of Crime Prevention and Criminal Justice:
Policies and Practices based on the UN Conventions and Standards and Norms
by Ms. Lulua Asaad (UNODC)㌀
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㌀ 211



Enhancing Access to Justice for Children in Thailand
by Dr. Kittipong Kittayarak (Thailand) ㌀
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㌀ 223



Improving Access to Justice for Crime Victims: Experience of Legal Information Service
in Japan and in Côte dʼIvoire
by Ms. Wakaba Hara (Japan) ㌀
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㌀ 229



Improving Access to Justice for Crime Victims: Experience of Legal Information Service
in Japan and in Côte dʼIvoire (Supplement as of March 2018)by Ms. Wakaba Hara (Japan) ㌀
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㌀ 248

Group Photo

168th International Senior Seminar ㌀
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RESOURCE MATERIAL SERIES INDEX㌀
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iv

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 the Resource Material Series No.
105. This volume contains the Annual Report for 2017 and the work produced in the 168th International
Senior Seminar, conducted from 11 January to 9 February 2018. The main theme of the 168th Seminar was
Enhancing the Rule of Law in the Field of Crime Prevention and Criminal Justice: Policies and Practices
Based on the United Nations Conventions and Standards and Norms.
In order to establish peaceful, inclusive and sustainable societies, legal institutions must apply the law
fairly and equally to all members of society. While many countries have made great efforts to strengthen
their legal institutions, there is a limit to the success that state agencies and policymakers can achieve on
their own. Over the past several decades, a global consensus has emerged recognizing that many challenges
in the field of crime prevention and criminal justice can only be solved with the participation and support ofan informed public. In this sense, it is important that criminal justice practitioners consider how the rule oflaw can be supported and enhanced by law-related education, access to justice for all, public participation incriminal justice, and measures to prevent state agencies from infringing on the legitimate rights of citizens.
UNAFEI, as one of the institutes of the United Nations Crime Prevention and Criminal Justice
Programme Network, held this Seminar to explore various issues that relate to the rule of law. This issue of
the Resource Material Series, in regard to the 168th International Senior Seminar, contains papers contributedby visiting experts, selected individual-presentation papers from among the participants, and the Reports of
the Seminar. I regret that not all the papers submitted by the participants of the Seminar could be published.
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, forproviding indispensable and unwavering support to UNAFEIʼs international training programmes.
Finally, I would like to express my heartfelt gratitude to all who so unselfishly assisted in the publicationof this series.
September 2018

Takeshi SETO
Director of UNAFEIv

PART ONEANNUAL REPORTFOR 2017

UNAFEI

MAIN ACTIVITIES OF UNAFEI(1 January 2017 ‒ 31 December 2017)

I. ROLE AND MANDATE
The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI)
was established in Tokyo, Japan in 1962 pursuant to an agreement between the United Nations and theGovernment of Japan. Its goal is to contribute to sound social development in the Asia and the Pacific region
by promoting regional cooperation in the field of crime prevention and criminal justice, through training andresearch.
UNAFEI has paid utmost attention to the priority themes identified by the Commission on Crime
Prevention and Criminal Justice. Moreover, UNAFEI has been taking up urgent, contemporary problems in
the administration of criminal justice in the region, especially problems generated by rapid socio-economicchange (e.g., transnational organized crime, corruption, economic and computer crime and the reintegrationof prisoners into society) as the main themes and topics for its training courses, seminars and research
projects.
One of the most significant developments during the 2017 calendar year was UNAFEIʼs move from Fuchu
to the Ministry of Justiceʼs International Justice Complex in western Tokyo on 2 October 2017. Working side
by side with the staff and professors of the International Cooperation Department (ICD), UNAFEI is poised toprovide the same high-quality capacity-development programmes in state of the art facilities. UNAFEIʼs new
address is 2-1-18 Mokuseinomori, Akishima-shi, Tokyo 196-8570.

II. TRAINING
Training is the principal area and priority of the Instituteʼ s work programmes. In the international
training courses and seminars, participants from different areas of the criminal justice field discuss and studypressing problems of criminal justice administration from various perspectives. They deepen theirunderstanding, with the help of lectures and advice from the UNAFEI faculty, visiting experts and ad hoc
lecturers. This so-called “problem-solving through an integrated approach” is one of the chief characteristics
of UNAFEI programmes.
Each year, UNAFEI conducts two international training courses (six weeksʼ duration) and one
international seminar (five weeksʼ duration). Approximately one hundred government officials from various
overseas countries receive fellowships from the Japan International Cooperation Agency (JICA is anindependent administrative institution for ODA programmes) each year to participate in all UNAFEI
training programmes.
Training courses and seminars are attended by both overseas and Japanese participants. Overseas
participants come not only from the Asia-Pacific region but also from the Middle and Near East, Latin
America and Africa. These participants are experienced practitioners and administrators holding relatively
senior positions in the criminal justice field.
By the end of 2017, UNAFEI had conducted a total of 167 international training courses and seminars.
Over 5,000 criminal justice personnel representing 136 different countries and administrative regions haveparticipated in these seminars. UNAFEI also conducts a number of other specialized courses, both country
and subject focused, in which hundreds of other participants from many countries have been involved. In
their respective countries, UNAFEI alumni have been playing leading roles and hold important posts in thefields of crime prevention and the treatment of offenders, and in related organizations.
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A. The 165th International Senior Seminar
1. Introduction
The 165th International Senior Seminar was held from 12 January to 13 February 2017. The main theme
was “Juvenile Justice and the United Nations Standards and Norms”. Twenty-six overseas participants(including one observer) and five Japanese participants attended the Seminar.
2.

Methodology
Firstly, the Seminar participants introduced the roles and functions of criminal justice agencies in theircountries in regard to the main theme. After receiving lectures from UNAFEI Professors and visiting
experts, the participants were then divided into three group workshops as follows:
Group 1: A Few Measures to Prevent and Reduce Recidivism
Group 2: Reducing Crime and Recidivism of Juveniles: Discussions and Suggestions
Group 3: A Holistic Approach to Juvenile Justice Systems
Each Group elected a chairperson, co-chairperson (s), a rapporteur and co-rapporteur (s) in order tofacilitate the discussions. During group discussion, the group members studied the designated topics andexchanged views based on information obtained through personal experiences, the Individual Presentations,lectures and so forth. The Groups presented their reports during the Report-Back Session, where they wereendorsed as the Reports of the Seminar. The full texts of these Reports were published in UNAFEI Resource
Material Series No. 102.
3.

Outcome Summary(i) A Few Measures to Prevent and Reduce Recidivism
Group 1 conducted a comprehensive review of the status of juvenile justice in the participating countries
and identified challenges facing juvenile justice systems. The group workshop report addressed the following
topics: (1) the need for prompt intervention by the juvenile justice system; (2) comprehensive assessment ofjuveniles; (3) responsibilities of parents and guardians; (4) diversion programmes; (5) restorative justice; (6)multi-agency cooperation.
The group reported that timing of juvenile justice dispositions varies widely from country to country, andstressed the importance of prompt interventions, thus minimizing the time spent by the juvenile in thesystem. At the same time, comprehensive assessment of the needs of each juvenile must be conducted byqualified professionals using reliable assessment tools and comprehensive social inquiry reports. Due to theimportant role that parents play in the sound upbringing of their children, the United Nations standards andnorms on juvenile justice encourage parental participation in the juvenile justice system. Nevertheless, thegroup concluded that most countries do not have such procedures and practices in place.
To avoid formal process, diversion programmes should be developed or expanded, particularly for minor
juvenile offences. Many countries lack diversion programmes and enabling legislation. Among countries thathave diversion, many of the options are limited or are not carried out promptly. To implement an effective
diversion programme, constant training and specialized knowledge for personnel are important. Likewise,
though restorative justice practices are encouraged by the UN standards and norms, implementation varies
greatly. Data analysis is important to strengthen restorative justice practices based on each countryʼs needs
through a formal mechanism of monitoring and data analysis.
The group found that the protection of children in conflict with the law requires, among other measures,
multi-sectoral coordination between government agencies, the community and the private sector. The groupconcluded that governments should recognize and strengthen the work of community leaders, such as
volunteer probation officers, and non-governmental organizations (NGOs), which provide rehabilitation
services through, for example, the operation of halfway houses.
Ultimately, a holistic approach is required to tackling juvenile recidivism. Countries need diverse options
based on their domestic situations, and policies must be implemented in line with each countryʼs legal system.
Yet despite legal and cultural differences, all countries are united in the aspiration to eliminate recidivism
4

MAIN ACTIVITIES OF UNAFEI

among juveniles.
(ii) Reducing Crime and Recidivism of Juveniles: Discussions and Suggestions
The group members addressed the issue of juvenile crime and recidivism, recognizing that youth are, due
to their maturation and growth process, fundamentally different than adults in terms of responsibility for
their conduct and their prognosis for rehabilitation.
The group identified common factors that contribute to juvenile recidivism in the participating counties,
which include insufficient use of diversion, the quality of treatment programmes due to lack of evaluation, andthe problem of discontinuation of care and lack of synergies resulting from underutilization of multi-agency
cooperation. Other factors identified by the group include: inadequate training facilities, lack of rehabilitation
programmes, stigmatization, poverty, lack of funds, inadequate training of social workers, poor education, andlack of jobs.
In response to these issues, the group recommended: (1) strengthening governmental and nongovernmental juvenile justice and welfare institutions; (2) enhancing the capacity of human resources thoughtraining; (3) empowering families to provide necessary care for juveniles; (4) reviewing existing programmes
by increasing emphasis on diversion; (5) reviewing existing law and enacting new legislation to address
emerging issues; (6) enhancing public awareness to reduce stigmatization of juvenile offenders; (7) conducting
monitoring and evaluation of existing programmes; (8) increasing research on juvenile justice; (9) use of data
management tools; (10) promoting guidance and counselling for juveniles.
Multi-agency cooperation with the community and the private sector is also important to reducing
recidivism. Key measures to enhance multi-agency cooperation include promoting information sharing toenhance cooperation; establishing linkages among complementing organizations; promoting exchange
programmes with other agencies with a view to adopt and adapt to best practices; establishing inter-agency
initiatives such as meetings, working committees and central database management for easy reference
during monitoring and evaluation; promoting joint panel discussions and talk shows hosted by staff ofcomplementing agencies; promoting and sharing of resources among agencies in the juvenile justice system;and promoting community-based programmes to empower communities to take part in the treatment andrehabilitation of juveniles.
The group concluded by noting that the issue of juvenile delinquency and recidivism cuts across nations
and is a threat to national security. The existence of recidivism indicates that the goals of a countryʼs juvenile
justice system have not been achieved, but these can be resolved by appropriate intervention. Although thefactors causing juvenile recidivism and the groupʼs recommendations are not exhaustive, it is hoped that they
provide a general understanding of the problems facing juvenile justice systems and possible solutions inorder to establish a just, safe and secure society for all.
(iii) A Holistic Approach to Juvenile Justice Systems
Group 3 addressed common challenges facing juvenile justice systems and provided recommendations toresolve them. The following topics were addressed: (a) the minimum age of criminal responsibility (MACR);(b) diversion; (c) special procedures for juveniles; (d) inter-organizational cooperation among related agencies;and (e) multi-agency cooperation with the community and the private sector.
Regarding the age of criminal responsibility, the group noted that the Convention on the Rights of theChild defines children as persons below the age of 18, recognizing that the convention is construed as setting
the minimum age of criminal responsibility as no lower than 12 years of age. Among the participating
countries, it was reported that the MACR varies from the ages of 10 to 15. Consequently, the group
recommended that all countries increase the MACR to a minimum of 12 years of age and the international
community should strive to achieve a uniform age for the MACR.
Diversion is an important juvenile justice measure that diverts juveniles from the traditional juvenile
justice process thereby avoiding the negative effects from the stigma of conviction and sentence. All
countries participating in the group have implemented diversion in some form, although at different stages of
the juvenile justice process and by different decision makers. Countries with informal diversion measures
should enact legislation to formalize such measures, and countries with formal systems should focus on
5ANNUAL REPORT FOR 2017

increasing the effectiveness of rehabilitation programmes.
The group also reviewed special procedures for juveniles in the participating countries, stressing theimportance of these procedures to ensure rehabilitation and that all action taken by the juvenile justicesystem is done in consideration of the best interests of the child. In order to address juvenile justice in aholistic manner, inter-organizational cooperation and multi-agency cooperation with the community andprivate sector are important for making sure that all relevant stakeholders and organizations are involved inproviding services necessary for the development of juveniles, such as health care, education and social
welfare. All countries reported frameworks for working with non-governmental organizations.
The group recognized that, in line with the United Nations standards and norms on juvenile justice, eachcountry has an obligation to improve its system and practices, and identified several challenges to achieving
these goals. Recommended solutions include enhancing research, monitoring and evaluation of juvenile justiceprogrammes and policies, strengthening community participation in juvenile justice, specialization of juvenile
justice practitioners through training, among others.
B. The 166th International Training Course
1. Introduction
The 166th International Training Course was held from 10 May to 15 June 2017. The main theme was“Criminal Justice Procedures and Practices to Disrupt Criminal Organizations”. Twenty-two overseas
participants and eight Japanese participants attended the Course.
2.

Methodology
The objectives of the Course were primarily realized through the Individual Presentations, lectures byvisiting experts and Group Workshop sessions. In the former, each participant presented the actual situation,
problems and future prospects of his or her country with respect to the main theme of the Course. The Group
Workshops further examined the subtopics of the main theme. To facilitate discussion, the participants weredivided into three groups to discuss the following topics under the guidance of faculty advisers:
Group 1: Disrupting Criminal Organizations Engaged in Drug Trafficking
Group 2: Trafficking in Persons: Focus on Sex Trafficking
Group 3: Effective Measures to Collect Information, Conduct Investigation and Financially Weaken Criminal
Organizations on Money Laundering
The three groups each elected a chairperson, co-chairperson (s), a rapporteur and co-rapporteur (s) toorganize the discussions. The group members studied the designated subtopics and exchanged their views
based on information obtained through personal experience, the Individual Presentations, lectures and soforth. The Groups presented their reports during the Report-Back Session, where they were endorsed as thereports of the Course. The full texts of the reports were published in full in Resource Material Series No. 103.
3.

Outcome Summary(i) Disrupting Criminal Organizations Engaged in Drug Trafficking
Group 1 addressed the theme of disrupting criminal drug trafficking organizations that operate on a global
scale, noting that the laws in many jurisdictions are insufficient to combat the cross-border nature of suchcrimes. Thus, in addition to focusing on effective investigation techniques, the group stressed the importanceof engaging in international cooperation to overcome the jurisdictional impediments that limit effectiveness ofdomestic investigations.
The paramount objective of investigation is to collect information and intelligence quickly and effectively
according to proper procedure so that it can be admitted as evidence at trial. Information gathered must be
analysed by investigators with experience and with access to the necessary technology. This informationmust be shared with relevant domestic and foreign investigating agencies, although it must be handled withutmost secrecy. Sound practices for prosecution and adjudication of organized crime are also vital to ensuring
successful trials. These measures include, among others, the use of plea agreements, proper disclosure ofevidence and measures for witness protection.
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MAIN ACTIVITIES OF UNAFEI

To combat organized crime, investigators must employ a variety of techniques to gather information on
the criminal organizationʼs activities. The group emphasized the importance of: electronic surveillance(particularly video surveillance and bugging), wiretapping and Call Details Records (CDR), observation andinterviews of suspects and their criminal associates, the use of informants, undercover agents and decoys,
cybertracing, search and seizure, and financial investigation. For example, wiretapping is important todevelop the investigatorsʼ understanding of the organizationʼs criminal network, daily routines, strengths andweaknesses, planned crimes, and so on. Similarly, observation and prompt interviews of suspects help
investigators understand the organizationʼs modus operandi and reveal previously unknown criminal
associates, including the organizational structure of the group. Informants, undercover agents and decoys areimportant to infiltrate the organization, and cybertracing, search and seizure, and financial investigation
provide valuable leads and evidence.
To effectively combat global drug crime, the group recommended, among others: (1) enhancing publicawareness and participation in the process of combating crime; (2) implementation of witness protection
programmes; (3) harmonization of criminal laws; (4) enhancing responses to “e-cash” based transactions,which present a significant challenge to law enforcement; and (5) joint investigation by practitioners fromaround the world.
(ii) Trafficking in Persons: Focus on Sex Trafficking
Human trafficking̶the gruesome practice of pressing vulnerable people into forced labour̶is a heinous
crime with global impact, and the crime is routinely perpetrated by organized crime groups who transport
people and funds across international borders. Group 2 considered effective measures for combating
trafficking in persons, particularly sex trafficking, addressing the topics of investigation, prosecution,
adjudication and countermeasures.
Investigation of sex trafficking is particularly difficult because the victims are typically reluctant to reporttheir crimes to the police. Thus, investigators must proactively investigate the crime by relying on a wide
variety of sources, including electronic and print media, social media, government agencies, and public
informants, among many others. Enhancing public awareness of the crime and willingness to report isextremely important. Once information is gathered, information sharing among relevant agencies isimportant to advancing the investigation, but information must be screened for use, as only the informationthat is gathered according to the legal procedures applicable to the jurisdiction can be used as evidence attrial. While traditional investigative measures are important in any case, sex-trafficking investigations must
make use of special investigative measures, such as computer forensics, DNA profiling, digital facerecognition technology, GPS tracking, etc.
In addition to the importance of investigation, the prosecution and adjudication stages are important to
disrupt criminal organizations. Cooperation between the police and prosecutors is critically important, andplea agreements are useful tools to obtain evidence from defendants for use against senior members of thecriminal organization. During the process of adjudication, witnesses and victims must be protected so thatthey are willing to testify at trial. Also, the group recommended the use of special courts, laws or proceduresfor sex trafficking cases.
The group identified a number of countermeasures to combat organized crime, including sex trafficking.
Attacking criminal organizationsʼ financial capabilities is particularly effective, and, thus, freezing, seizing andconfiscating the proceeds of crime is a necessary step. Furthermore, the use of non-conviction-based
confiscation should be considered as a measure to secure the forfeiture of criminal proceeds, subject toapplicable domestic law. The group recommended that all confiscated property be deposited into a humantrafficking fund. Similarly, governmental and non-governmental organizations should consider establishing
victimsʼ compensation funds to alleviate the damages suffered by victims of sex trafficking, whether or not
the offender can be identified, sentenced or punished.
(iii) Effective Measures to Collect Information, Conduct Investigation and Financially Weaken Criminal
Organizations on Money LaunderingGroup 3 selected the topic of combating and financially weakening criminal organizations througheffective responses to money laundering. To do so, it is incumbent upon criminal investigators andprosecutors to identify and confiscate proceeds of crime. The United Nations Convention against
7

ANNUAL REPORT FOR 2017

Transnational Organized Crime (UNTOC) calls for the criminalization of money laundering, and the groupreported that all participating countries have relevant laws providing a legal basis to address it. However, thegroup reported that the laws and practices vary significantly from country to country, which impacts the
speed and effectiveness with which illicit proceeds are confiscated.
To investigate money laundering, investigators must rely on a variety of sources of information, including
community reports, bank transactions, taxation reports, immigration reports, trade records, information
provided by other countries, past criminal records, social media and witness testimony. The legal limits on
authority to compel cooperation were also discussed. Bank secrecy has been an historical barrier to financial
investigations. However, with the near universal ratification of UNTOC, article 12(6) thereof overcomes thisproblem by requiring States Parties to empower their judiciaries to obtain access to bank records.
To confiscate the proceeds of crime, the group discussed a number of techniques, including physicallytracking money, freezing of accounts/assets, non-conviction-based confiscation, differentiating between
legitimate assets and proceeds of crime, and how to speedily seize illegal assets. Regarding the nature of theassets, the group reported that some jurisdictions allow the seizure of all assets, requiring the defendant toprove that the assets were obtained legitimately. In other jurisdictions, seizure requires a warrant and only
illegitimate assets can be seized.
A common problem of investigation is that it is difficult to differentiate legal assets from illicit assets. This
process is simplified in jurisdictions that permit the confiscation of the equivalent value of illicit proceeds inthe event that those illicit proceeds cannot be found. However, several countries reported that bank accounts
are not used or are uncommon, which complicates the investigation. Moreover, some countries only permit
confiscation of assets upon conviction.
The group recognized the broad differences in economic, social, cultural, legal and political status among
countries. These differences impact the effectiveness and timeliness of investigation and confiscation ofproceeds of crime. Understanding and working with these differences is a critical component of successfulinternational cooperation.
C. The 167th International Training Course
1. Introduction
The 167th International Training Course was held from 23 August to 21 September 2017. The main theme
was “Rehabilitation and Social Reintegration of Organized Crime Members and Terrorists”. Fourteen
overseas participants (including two observers) and seven Japanese participants attended.
2.

Methodology
The participants of the 167th Course endeavoured to explore the topic primarily through a comparative
analysis of the current situation and the problems encountered. The participantsʼ in-depth discussions
enabled them to put forth effective and practical solutions.
The objectives were primarily realized through the Individual Presentations, lectures by visiting experts
and the Group Workshop sessions. In the former, each participant presented the actual situation, problems
and future prospects of his or her country with respect to the main theme of the Course. To facilitate
discussions, the participants were divided into two groups to discuss the following topics under the guidanceof faculty advisers:
Group 1: Specific Measures: Disengagement Interventions in PrisonsGroup 2: Responding to Organized Crime Members and Terrorists in Contact with the Criminal Justice andPenal System
Each Group elected a chairperson, co-chairperson, rapporteur and co-rapporteur (s) to organize thediscussions. The group members studied the situation in each of their countries and exchanged their views
based on information obtained through personal experience, the Individual Presentations, lectures and soforth. Both groups examined the course theme. The Groups presented their reports in the Report-Back
Sessions, where they were endorsed as the reports of the Course. The reports were published in full in
8MAIN ACTIVITIES OF UNAFEI

UNAFEI Resource Material Series No. 104.
3.

Outcome Summary(i) Specific Measures: Disengagement Intervention in Prisons
The group focused on interventions in prison that lead to the disengagement of offenders from violent
extremism, stating that most states do not want to hold the growing number of extremists in prison and lack
the resources to do so. Thus, there is global demand for effective measures to rehabilitate and release former
violent extremists without posing a threat to society. Acknowledging that prisons must prioritize security,
offender rehabilitation in prison must be pursued to achieve disengagement from violent extremism. This
process requires interventions from professional staff, such as psychologists, religious leaders, teachers, social
workers, etc. However, maintaining prison security while providing an environment conducive torehabilitation requires good quality and well-trained correctional officers.
To classify, allocate and accommodate violent extremists in prison, the group proposed a hybrid strategy
that accommodates highly influential extremists in separate housing units or in isolation while placing
criminal opportunists and rehabilitated offenders in the general population. To assess the risks and needs ofviolent extremists, Group 1 proposed a process of ongoing assessment utilizing interviewing, qualitative data
and the verification of information. Noting that several assessment tools are available, the group presented
the VERA II (Violent Extremist Risk Assessment) model. This tool identifies risk factors (not changeable) andneeds factors (changeable), which can be used for case-management planning and tailoring of interventions,such as through cognitive-behavioural therapy.
The group offered a number of methods and approaches to encourage extremist offenders to disengage
from their violent activities. These methods focus on a psychological and cognitive approaches to encourage
disengagement at the crucial early stages, and they require continued monitoring and support after thecompletion of rehabilitation. Further measures include dissuasion from extremism by credible interlocutors;social, vocational and recreational activities; and government and civil society must match or exceed the
support offered by terrorist organizations by providing employment support and involving the offenderʼsfamily, as well as media and social media campaigns to counter terrorism.
In conclusion, the groupʼs key recommendations are to ensure security in the prison environment bysegregating highly influential extremists from the general population, employing professional staff andtraining correctional officers, conducting evidence-based assessment of violent extremists, and pursuing thereintegration of rehabilitated extremists into society by working with all segments of the community.
(ii) Responding to Organized Crime Members and Terrorists in Contact with the Criminal Justice andPenal System
Group 2 considered alternative measures to imprisonment for rehabilitating and reintegrating former
members of organized crime groups and terrorists into society, concluding that diversion from prison has
many advantages, such as identifying low-risk offenders and preventing sympathizers from joining terrorist
organizations. However, factors such as the severity of the crime, the organization that the offender wasaffiliated with, the offenderʼs level of radicalization, the likelihood of reoffending, the offenderʼs receptivenessto intervention and treatment, and acceptance of alternative measures by the victim and the community
must be considered.
The group agreed that courts should tailor alternatives to imprisonment and rehabilitation programmes
to each offender with due consideration for public safety. Alternative measures should be based on acomprehensive assessment of the offender, including an intelligence review; juvenile offenders should be
subject to investigations using medical, psychological, pedagogical and other expert knowledge. Measures fortreatment in the community may include electronic monitoring and unpaid community service underenhanced supervision. However, the group recommended that serious crimes, such as first-degree murder,
firearms trafficking, and so on should not be subject to alternative measures to imprisonment.
To reintegrate former organized crime members and terrorists into society, the acceptance of thecommunity is of utmost importance. Offenders require continuous assistance and support in the community
with the goal of preventing recidivism. Non-governmental organizations should be involved to provide
offenders with support, counselling, social activities and accommodation at halfway houses. Additionally,
9

ANNUAL REPORT FOR 2017private-sector employers should be enlisted to provide offenders with jobs upon release, and the employers
may be incentivized to hire ex-offenders by providing incentive payments, as is the case in Japan. Other
important measures include the involvement of religious leaders and community volunteers such as
volunteer probation officers. Furthermore, the mass media is a powerful public channel for enhancing public
acceptance of offender rehabilitation by communicating positive stories of successful rehabilitation andreintegration and interviews demonstrating self-reflection by former organized crime members andterrorists and rejection of their past extremist activities. Finally, the group recommended the use of a
restorative justice approach, through which the offender works to repair the harm caused to the victims,
including victim-offender mediation.

III. SPECIAL TRAINING COURSES AND TECHNICAL ASSISTANCE
A. UNODC Regional Workshop
From 13 to 16 February 2017, the UNODC and UNAFEI co-hosted a regional workshop on “Preventing
and countering radicalization and violent extremism leading to terrorism though the rule of law based
criminal justice approach, and engaging private sector and civil society actors in the national framework”.
The workshop was held in Tokyo, Japan at UNAFEI and was attended by 50 participants from Middle
Eastern and North African countries.
B. The Fourth UNAFEI Criminal Justice Training Programme for French-Speaking African Countries
The Fourth Criminal Justice Training Programme for French-speaking African Countries (13-24
February) in Abidjan, Cote dʼIvoire: 32 practitioners from 8 French-speaking African countries discussed
capacity-building for investigation, prosecution and adjudication, and measures for combating cybercrime.
C. The Comparative Study on Criminal Justice Systems of Japan and Nepal
The Comparative Study on Criminal Justice Systems of Japan and Nepal (6-17 March): 10 Nepaleseparticipants attended to study and compare Japanese and Nepalese procedures for charge sheet writing andanalysis and evaluation of evidence.
D. Training Seminar for Prison Officials in Myanmar
The UNODC and UNAFEI Training Seminar for Prison Officers in Myanmar (9 February-2 March): 45
participants studied prison management in line with international standards and norms.
E. The Follow-up Seminar for the Third Country Training Programme (TCTP)
The Follow-up Seminar for the Third Country Training Programme (TCTP) for Development of Effective
Community-Based Treatment of Offenders in Cambodia, Laos, Myanmar and Viet Nam (CLMV) Countries(24-28 July): 17 participants from 6 countries attended this seminar in order to confirm the outcomes of thefirst phase of the TCTP, discuss the challenges and strengthen the network among the CLMV countries.
F. The Second Asia Volunteer Probation Officers Meeting
The Second Asia Volunteer Probation Officers Meeting (12 September): Around 200 participants including
volunteer probation officers (VPOs) and probation officers from the Asian and African region attended themeeting to share experiences and practices related to VPO programmes.
G. The Third World Congress on Probation
The Third World Congress on Probation (12-14 September): 371 participants from 34 countries/regions
attended the Congress to share each countryʼs practices and current topics and to discuss the role ofCommunity Corrections through keynote speeches and workshop sessions.
H. Training Seminar for Prison Officials in Myanmar
The UNODC and UNAFEI Training Seminar for Prison Officers in Myanmar (13 September-13 October):
55 participants studied prison management in line with international standards and norms;
I. The Eleventh Regional Seminar on Good Governance for Southeast Asian Countries
From 17 to 19 October 2017, UNAFEI held the Eleventh Regional Seminar on Good Governance in Hanoi,
Viet Nam. The main theme of the Seminar was “Best Practices in Anti-Corruption: A Decade of Institutionaland Practical Development in Southeast Asia”. Among other participants, 18 practitioners from ASEAN
10

MAIN ACTIVITIES OF UNAFEI

member states attended as official delegates.
J. The 20th UNAFEI UNCAC Training Programme
UNAFEIʼs annual general anti-corruption programme, the UNAFEI UNCAC Training Programme, took
place from 1 November to 7 December 2017. A total of 28 participants attended: 23 overseas participants and5 Japanese participants. The main theme of the Programme was “Effective Measures to Investigate theProceeds of Corruption Crimes”.

IV. INFORMATION AND DOCUMENTATION SERVICES
The Institute continues to collect data and other resource materials on crime trends, crime prevention
strategies and the treatment of offenders from Asia, the Pacific, Africa, Europe and the Americas, and makes
use of this information in its training courses and seminars. The Information and Library Service of theInstitute has been providing, upon request, materials and information to United Nations agencies,
governmental organizations, research institutes and researchers, both domestic and foreign.

V. PUBLICATIONS
Reports on training courses and seminars are published regularly by the Institute. Since 1971, theInstitute has issued the Resource Material Series, which contains contributions by the faculty members,
visiting experts and participants of UNAFEI courses and seminars. In 2017, the 101st, 102nd and 103rd
editions of the Resource Material Series were published. Additionally, issues 152 to 154 (from the 165th Senior
Seminar to the 167th International Training Course, respectively) of the UNAFEI Newsletter were published,which include brief reports on each course and seminar and other timely information. These publications arealso available on UNAFEIʼs website at http://www.unafei.or.jp/english.

VI. OTHER ACTIVITIES
A. Public Lecture Programme
On 27 January 2017, the Public Lecture Programme was conducted in the Grand Conference Hall of the
Ministry of Justice. In attendance were many distinguished guests, UNAFEI alumni and the participants of
the 165th International Senior Seminar. This Programme was jointly sponsored by the Asia Crime
Prevention Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and UNAFEI.
Public Lecture Programmes increase the publicʼs awareness of criminal justice issues, throughcomparative international study, by inviting distinguished speakers from abroad. In 2017, Professor Richard
Dembo of the University of South Florida in the United States, and Dr. Matti Joutsen, then Director of theEuropean Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI), wereinvited as speakers. They presented on “Civil Citation Programs (Diversion)” and the “Riyadh Guidelines andHavana Rules in Juvenile Justice”, respectively.
B. Assisting UNAFEI Alumni Activities
Various UNAFEI alumni associations in several countries have commenced, or are about to commence,research activities in their respective criminal justice fields. It is, therefore, one of the important tasks of
UNAFEI to support these contributions to improve the crime situation internationally.
C. Overseas Missions
Deputy Director MORINAGA Taro visited Cairo, Egypt from 14 to 18 January 2017 to attend the GCTFʼs
Criminal Justice and Rule of Law Working Group.
Professor YAMAMOTO Mana visited Valletta, Malta from 17 to 22 January 2017 to attend the workshopof Criminal Justice Actorsʼ Role in Countering Violent Extremism.
Professor YOSHIMURA Koji visited Bangkok, Thailand and Yangon, Myanmar to research the criminal
justice systems in Myanmar and to discuss the “Myanmar Country Programme” with related organizations.
Director SENTA Keisuke, Professor YUKAWA Tsuyoshi, and Professor YAMADA Masahiro visited11

ANNUAL REPORT FOR 2017

Abidjan, Cote dʼlvoire from 9 to 26 February to conduct the fourth UNAFEI Criminal Justice Training
Programme for French Speaking African Countries.
Professor MINOURA Satoshi, Professor WATANABE Hiroyuki and Professor AKASHI Fumiko visited
Bangkok, Thailand from 12 to 25 February to conduct the Third-Country Group Training Programme forDevelopment of Effective Community-based Treatment of Offenders in Cambodia, Lao PDR, Myanmar andViet Nam.
Professor YOSHIMURA Koji visited Jakarta, Indonesia from 5 to 12 March to attend the 6th Asian
Conference of Correctional Facilities Architects and Planners (ACCFA).
Professor MINOURA Satoshi visited Sidney, Australia from 6 to 11 March to discuss the Third World
Congress on Probation, which was held in Japan in September 2017, with representatives of Australia.
Director SENTA Keisuke visited Vienna, Austria from 7 to 11 March to attend the Expert Group Meetingof Education for Justice Initiative.
Deputy Director MORINAGA Taro visited Zurich, Switzerland from 8 to 12 March to attend the Eleventh
Global Counterterrorism Forum Coordinating Committee Meeting.
Deputy Director MORINAGA Taro visited Preah Sihanouk province, Cambodia from 18 to 24 March as avisiting expert to attend workshops hosted the by UNODC.
Professor WATANABE Hiroyuki and Professor AKASHI Fumiko visited Hanoi, Vietnam from 21 to 25
March for the research of the current condition of Community-based Treatment of Offenders in Vietnam.
Professor YAMADA Masahiro visited Hanoi, Vietnam from 21 to 24 March to discuss the “Eleventh
Regional Seminar on Good Governance for Southeast Asian Countries” with related organizations.
Deputy Director MORINAGA Taro visited Seoul, Republic of Korea from 3 to 5 April to attend the 8th
High-Level Regional Cooperation Seminar of the International Criminal Court (ICC) as a moderator.
Professor YAMAMOTO Mana visited Semarang, Indonesia from 10 to 13 April to attend a workshop
hosted by the Global Counterterrorism Forum.
Professor MATSUMOTO Takeshi visited Hanoi, Viet Nam from 24 to 28 April to attend the UNODC
needs assessment mission.
Director SENTA Keisuke visited Nairobi, Republic of Kenya from 30 April to 5 May to attend the 56th
Annual Session and side events hosted by the Asian-African Legal Consultative Organization.
Deputy Director MORINAGA Taro visited Jakarta, Indonesia from 7 to 10 May to attend a workshop
hosted by the International Institute for Justice and the Rule of Law (IIJ).
Professor YUKAWA Tsuyoshi visited Dakar, Senegal from 6 to 14 May to attend a workshop hosted by
the International Institute for Justice and the Rule of Law (IIJ).
Director SENTA Keisuke, Deputy Director MORINAGA Taro, Professor YUKAWA Tsuyoshi andProfessor YAMAMOTO Mana visited Vienna, Austria from 21 to 28 May to attend the 26th Session of theCommission on Crime Prevention and Criminal Justice.
Deputy Director MORINAGA Taro and Professor YAMAMOTO Mana visited Ponta Delgada, Portugal
from 4 to 10 June to attend the IPPF (International Penal and Penitentiary Foundation) Colloquium.
Professor MINOURA Satoshi visited Bangkok, Thailand from 25 June to 1 July 2017 to attend aninternational workshop on diversion through restorative justice. Professor MINOURA also attended the 15th
national symposium on ending violence against children in the juvenile justice system and made a12MAIN ACTIVITIES OF UNAFEI

presentation on “Community Participation in Juvenile Reintegration‒The Volunteer Probation Officer
System and Halfway Houses in Japan”.
Professor YAMADA Masahiro visited Kuala Lumpur, Malaysia from 16 to 23 July 2017 to participate in aseminar on Intelligence Based Investigation hosted by the Malaysia Anti-Corruption Academy (MACA).
Professor YUKAWA Tsuyoshi visited Tehran, Iran from 25 to 28 July to attend the Tehran Meeting on
Preventing and Combating Cybercrime hosted by the UNODC. Professor YUKAWA made presentations on“Collection and use of digital evidence at trial” and “Acquiring evidence through MLA and other forms ofinternational cooperation”.
Professor YAMAMOTO visited Vienna, Austria from 11 to 13 October 2017 to attend the Expert
Consultation on “Treatment and Care of People with Drug Use Disorders in Contact with the Criminal
Justice System: Alternatives to Conviction or Punishment - Review of the Draft UNODC/WHO Handbook -”hosted by the UNODC and the WHO.
Director SENTA, Professor WATANABE Ayuko and Professor YAMADA visited Hanoi, Viet Nam from15 to 20 October 2017 to conduct the Eleventh Regional Seminar on Good Governance for Southeast AsianCountries. The Seminar was co-hosted by the Supreme Peopleʼs Procuracy of Viet Nam.
Professor MINOURA and Professor YAMAMOTO visited London, United Kingdom from 22 to 29
October 2017 to attend the 19th Annual Conference of the International Corrections and Prisons Association
on “Innovation in Rehabilitation: Building Better Futures”. Professor Minoura made a presentation on“UNAFEIʼs Technical Assistance to Establish and Promote Effective Community Corrections Systems in the
ASEAN Region” and Professor Yamamoto made a presentation on “Psychological Factors and Recidivism
among Incarcerated Female Drug Abusers”.
Professor WATANABE Hiroyuki and Professor AKASHI visited Seattle, United States of America from28 October to 3 November 2017 to attend 25th Annual International Research Conference on “Doing What
Matters: Integrating Public Health and Criminal Justice Reform”. Professor Watanabe and Professor Akashi
made a presentation on “Community Corrections and the Role of Volunteers in ASEAN countries”.
Professor HIRANO visited Kathmandu, Nepal from 8 to 17 November 2017 to discuss plans for theComparative Study on Criminal Justice Systems of Japan and Nepal.
Professor YAMAMOTO visited Berlin, Germany from 12 to 17 November 2017 to attend the G20
International Conference on “Preventing Radicalisation ‒ Towards Resilient Societies”.
Professor WATANABE Hiroyuki visited Ottawa, Canada from 21 to 26 November 2017 to attend theExpert Group Meeting on Restorative Justice in Criminal Matters hosted by the UNODC.
Professor MINOURA visited Nairobi, Kenya from 3 to 9 December to follow up on JICAʼs Project in
Kenya.
Deputy Director ISHIHARA, Professor WATANABE Ayuko and Professor YAMAMOTO visited Seoul,
Korea from 6 to 8 December 2017 to attend the PNI Meeting and International Forum held by the Korean
Institute of Criminology.
Professor YAMADA visited Hanoi and Ho Chi Minh, Viet Nam from 13 to 18 December to attend the
Joint Study on the Legal Systems of Japan and Viet Nam.
D. Assisting ACPF Activities
UNAFEI cooperates and collaborates with the ACPF to improve crime prevention and criminal justiceadministration in the region. Since UNAFEI and the ACPF have many similar goals, and a large part of the
ACPFʼs membership consists of UNAFEI alumni, the relationship between the two is very strong.

13

ANNUAL REPORT FOR 2017

VII. HUMAN RESOURCES
A. Staff
In 1970, the Government of Japan assumed full financial and administrative responsibility for running theInstitute. The Director, Deputy Director and approximately nine professors are selected from among publicprosecutors, the judiciary, corrections, probation and the police. UNAFEI also has approximately 15
administrative staff members, who are appointed from among officials of the Government of Japan, and alinguistic adviser. Moreover, the Ministry of Justice invites visiting experts from abroad to each training
course and seminar. The Institute has also received valuable assistance from various experts, volunteers andrelated agencies in conducting its training programmes.
B. Faculty and Staff Changes
Mr. MATSUMOTO Takeshi, formerly a prosecutor of the Osaka District Public Prosecutors Office, wasappointed a professor of UNAFEI on 1 April 2017.
Ms. UMEMOTO Yumi, formerly a Judge of the Obihiro Branch of the Kushiro District Court, wasappointed a professor of UNAFEI as well as the International Cooperation Department (ICD), Research andTraining Institute of the Ministry of Justice on 1 April 2017.
Mr. MORINAGA Taro, formerly the Deputy Director of UNAFEI, was transferred to the International
Cooperation Department, Research and Training Institute of the Ministry of Justice, as its Director on 2
October 2017.
Ms. ISHIHARA Kayo, formerly a prosecutor of the Tokyo High Public Prosecutors Office, was appointed
as Deputy Director of UNAFEI on 2 October 2017. She was a professor of UNAFEI from 2005 to 2008.

VIII. FINANCESThe Ministry of Justice primarily provides the Instituteʼs budget. UNAFEIʼs total budget for its
programmes is approximately \70 million per year. Additionally, JICA and the ACPF provide assistance for
the Instituteʼs international training courses and seminars.

14

WORK PROGRAMME FOR 2018

I. TRAINING
A. Training Courses & Seminars (Multinational)
1. The 168th International Senior Seminar
The 168th International Senior Seminar was held from 11 January to 9 February 2018. The main theme of
the Seminar was “Enhancing the Rule of Law in the Field of Crime Prevention and Criminal Justice: Policies
and Practices Based on the United Nations Conventions and Standards and Norms”. Twenty-one overseas
participants and seven Japanese participants attended.
2. The 169th International Training Course
The 169th International Training Course was held from 9 May to 14 June 2018. The main theme of the
Course was the “Criminal Justice Practices against Illicit Drug Trafficking”. Twenty-four overseas
participants and seven Japanese participants attended.
3. The 170th International Training Course
The 170th International Training Course will be held from 22 August to 21 September 2018. The main
theme of the Course is “Treatment of Illicit Drug Users”. Government officials from across Southeast Asiaand other parts of the world, including Japan, and visiting experts and lecturers will attend.
4. The 21st UNAFEI UNCAC Training Programme
UNAFEIʼs annual general anti-corruption programme, the UNAFEI UNCAC Training Programme, willtake place from October to November 2018. The main theme of the Programme is “Combating Corruption
through Effective Criminal Justice Practices, International Cooperation and Engagement of Civil Society”.
Twenty-five overseas participants and several Japanese participants will attend.
5. The Twelfth Regional Seminar on Good Governance for Southeast Asian Countries
From 27 to 29 November 2018, UNAFEI will hold the Eleventh Regional Seminar on Good Governance in
Da Nang, Viet Nam. Among other participants, 20 anti-corruption practitioners from the 10 ASEAN countries
are expected to attend as official delegates.
B. Training Course (Country Specific)
1. The Third Country Training Programme for Development of Effective Community-based Treatment of
Offenders in the CLMV Countries
From 9 to 19 January 2018, UNAFEI co-hosted the Third Country Training Programme for Developmentof Effective Community-based Treatment of Offenders in the CLMV Countries (Cambodia, Laos, Myanmar,
and Viet Nam).
2. The Fifth UNAFEI Criminal Justice Training Programme for French-Speaking African Countries
From 12-23 February 2018, UNAFEI co-hosted the Fifth Criminal Justice Training Programme forFrench-Speaking African Countries in Abidjan, Cote dʼIvoire. 33 practitioners from 8 French-speaking
African countries discussed capacity-building for investigation, prosecution and adjudication, and measuresfor combating terrorism and organized crime.
3. The Training Course for Myanmar Prison Officials
From 14-28 February 2018, ten prison officials from Myanmar studied the Institutional Correction System
of Japan.

15

ANNUAL REPORT FOR 2017

4. The Comparative Study on Criminal Justice Systems of Japan and Nepal
From 5-16 March 2018, nine Nepalese participants attended to study and compare Japanese and Nepalesetrial procedure and police investigation and criminal identification practices.
5. The RTI-SPP Exchange Programme for Viet Nam
From 11-17 March 2018, two Vietnamese participants discussed the amended Criminal Procedure Code.
6. Training Course on Legal Technical Assistance for Viet Nam
From 12-23 March 2018, ten Vietnamese participants discussed the implementation of the amended
Criminal Procedure Code.
7. Follow-up Seminar for the Second Phase Third Country Training Programme for Development of
Effective Community-based Treatment of Offenders in the CLMV Countries
From 26-28 June 2018, UNAFEI hosted the Follow-up Seminar for the Third Country Training
Programme for Development of Effective Community-based Treatment of Offenders in the CLMV Countries(Cambodia, Laos, Myanmar, and Viet Nam).

16

WORK PROGRAMME FOR 2018

Distribution of Participants by Professional Backgrounds and Countries(1st International Training Course ‑ 169th International Training Course, U.N.Human Rights Courses and 1 Special Course)◊ ಟཧຍ⪅࣭ࢭ࣑ࢼ࣮ཧຍ⪅ࠉᆅᇦู࣭⫋✀୍ูぴ⾲ࠉ㸦➨ᅇᅜ㝿◊ಟ࠿ࡽ➨ᅇᅜ㝿◊ಟࡲ࡛㸧
$VRI -XO\
Professional Background

Judicial and
Other
Administration

Judge

PoliceOfficialsྖἲ⾜ᨻ㸦▹ṇ࣭ಖㆤ
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Correctional
Officials(Adult)Correctional
Officials(Juvenile)

Probation
ParoleOfficers

Family Court
Investigation
Officers

Child
WelfareOfficers

Social
WelfareOfficers

Training &Research
Officers

Others

Total

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Country/Area
Afghanistan
Bangladesh
BhutanBrunei
Cambodia
China
Georgia
Hong Kong
India
Indonesia
Iran
Iraq
JordanKorea
Kyrgyzstan
Laos
Malaysia
Maldives
Mongolia
Myanmar
Nepal
Oman
Pakistan
Palestine
Philippines
Saudi Arabia
Singapore
Sri Lanka
TaiwanTajikistan
Timor-Leste
ThailandTurkeyUnited Arab Emirates
Uzbekistan
Viet namYemen
A S I A
Algeria
Botswana
Cameroon
Cote d'Ivoire Democratic Republic of the Congo
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Egypt
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EthiopiaGambia
Ghana
Guinea
Kenya
LesothoLiberiaMadagascar
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Malawi
Mali
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Mauritius
Morocco
MozambiqueNamibia
Niger
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Nigeria
SomaliaSouth Africa
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Sudan
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Tanzania

Tunisia
Uganda
Zambia
Zimbabwe
AFRICA
Australia

Cook IslandsFiji
KiribatiMarshall Island
Micronesia

Nauru

New Zealand

Palau

Papua New Guinea

Samoa

Solomon Islands

Tonga

Vanuatu
THE PACIFICᅜ䚷䞉䚷ᆅᇦྡ
࢔ࣇ࢞ࢽࢫࢱࣥ
ࣂࣥࢢࣛࢹࢩࣗ
ࣈ࣮ࢱࣥ
ࣈࣝࢿ࢖
࢝ࣥ࣎ࢪ࢔
୰ᅜࢢࣝࢪ࢔㤶࢖ ࣥ ࢻ
࢖ࣥࢻࢿࢩ࢔
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ࣚࣝࢲࣥ
㡑ᅜ
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ࣔࣝࢹ࢕ࣦ
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࣑࣐࣮ࣕࣥ
ࢿࣃ࣮ࣝ
࣐࣮࢜ࣥ
ࣃ࢟ࢫࢱࣥ
ࣃࣞࢫࢳࢼ
ࣇ࢕ࣜࣆࣥ
ࢧ࢘ࢪ࢔ࣛࣅ࢔
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ࢫࣜࣛࣥ࢝ྎ‴ࢱࢪ࢟ࢫࢱࣥ
ᮾࢸ࢕࣮ࣔࣝࢱ ࢖
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࣎ࢶ࣡ࢼ࣓࣮࢝ࣝࣥࢥ࣮ࢺࢪ࣎࢔࣮ࣝ
ࢥࣥࢦẸ୺ඹ࿴ᅜ
࢚ࢪࣉࢺ
࢚ࢳ࢜ࣆ࢔
࢞ࣥࣅ࢔
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ࣜ࣋ࣜ࢔࣐ࢲ࢞ࢫ࢝ࣝ
࣐ࣛ࢘࢕࣐࣮ࣜࣔࣜࢩࣕࢫ
ࣔࣟࢵࢥࣔࢨࣥࣅ࣮ࢡ
ࢼ࣑ࣅ࢔ࢽࢪ࢙࣮ࣝࢼ࢖ࢪ࢙ࣜ࢔
ࢯ࣐ࣜ࢔༡࢔ࣇࣜ࢝ඹ࿴ᅜ
ࢭ࣮ࢩ࢙ࣝࢫ࣮ࢲࣥࢫ࣡ࢪࣛࣥࢻ
ࢱࣥࢨࢽ࢔
ࢳࣗࢽࢪ࢔
࢘࢞ࣥࢲ
ࢨࣥࣅ࢔
ࢪࣥࣂࣈ࢚
ᑠィ㸦࢔ࣇࣜ࢝ᕞ㸧࣮࢜ࢫࢺࣛࣜ࢔
ࢡࢵࢡㅖᓥ
ࣇ࢕ࢪ࣮
࢟ࣜࣂࢫ
࣐࣮ࢩࣕࣝ
࣑ࢡࣟࢿࢩ࢔ࢼ ࢘ ࣝ
ࢽ࣮ࣗࢪ࣮ࣛࣥࢻ
ࣃࣛ࢜ࣃࣉ࢔ࢽ࣮ࣗࢠࢽ࢔ࢧࣔ࢔ࢯࣟࣔࣥࢺ ࣥ ࢞
ࣂࢾ࢔ࢶᑠィ㸦኱ὒᕞ㸧


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17

ANNUAL REPORT FOR 2017


Antigua and Barbuda࢔ࣥࢸ࢕ࢢ࢔࣭ࣂ࣮ࣈ࣮ࢲ

Argentina࢔ࣝࢮࣥࢳࣥ

Barbadosࣂࣝࣂࢻࢫ
Belize࣮࣋ࣜࢬBolivia࣎ࣜࣅ࢔BrazilࣈࣛࢪࣝChileࢳ ࣜ

Colombiaࢥࣟࣥࣅ࢔
Costa Ricaࢥࢫࢱࣜ࢝ࢻ࣑ࢽ࢝ඹ࿴ᅜ

Dominican Republic
Ecuador࢚ࢡ࢔ࢻࣝEl Salvador࢚ࣝࢧࣝࣂࢻࣝ
Grenadaࢢࣞࢼࢲ
Guatemalaࢢ࢔ࢸ࣐ࣛ
Guyana
࢞࢖࢔ࢼ

Haiti
ࣁ࢖ࢳ

Honduras࣍ࣥࢪࣗࣛࢫ

Jamaicaࢪ࣐ࣕ࢖࢝Mexico࣓࢟ࢩࢥNicaraguaࢽ࢝ࣛࢢ࢔Panamaࣃ ࢼ ࣐
Paraguay
ࣃࣛࢢ࢔࢖

Peru
࣌ࣝ࣮
 Saint Christopher and Nevis ࢭࣥࢺࢡࣜࢫࢺࣇ࢓࣮࣭ࢿ࢖ࣦ࢕ࢫ
Saint Lucia
ࢭࣥࢺࣝࢩ࢔
Saint Vincentࢭࣥࢺࣅࣥࢭࣥࢺ

Trinidad and Tobagoࢺࣜࢽࢲ࣮ࢻ࣭ࢺࣂࢦ
U.S.A.
⡿ᅜUruguay࢘ࣝࢢ࢔࢖Venezuela
࣋ࢿࢬ࢚ࣛ
NORTH & SOUTH AMERICAᑠ ィ㸦࢔࣓ࣜ࢝ᕞ㸧
Albania࢔ࣝࣂࢽ࢔
Armenia࢔࣓ࣝࢽ࢔
Azerbaijan࢔ࢮࣝࣂ࢖ࢪࣕࣥ

Bulgariaࣈࣝ࢞ࣜ࢔Estonia࢚ࢫࢺࢽ࢔ Former Yugoslav Republic of Macedonia࣐ࢣࢻࢽ࢔ᪧ࣮ࣘࢦࢫࣛࣅ࢔ඹ࿴ᅜ

Hungaryࣁ࣮ࣥ࢞ࣜLithuaniaࣜࢺ࢔ࢽ࢔
MoldovaࣔࣝࢻࣂPoland࣏࣮ࣛࣥࢻUkraine࢘ࢡࣛ࢖ࢼ
EUROPEᑠィ㸦Ḣᕞ㸧
United Nations Office on Drugs and Crime ᅜ㐃⸆≀࣭≢⨥࢜ࣇ࢕ࢫ

JAPAN
᪥ࠉࠉࠉᮏ

TOTAL
ྜࠉࠉࠉィ

18

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


APPENDIX

MAIN STAFF OF UNAFEI
Directorate
Mr. SENTA Keisuke
Mr. ISHIHARA Kayo
Faculty

Director
Deputy Director

Mr. YUKAWA Tsuyoshi
Ms. WATANABE Ayuko
Mr. MATSUMOTO Takeshi
Mr. YOSHIMURA Koji
Mr. MINOURA Satoshi
Mr. AKASHI Fumiko
Mr. YAMADA Masahiro
Mr. HIRANO Nozomu
Ms. WATANABE Hiroyuki
Dr. YAMAMOTO Mana
Mr. TSUJI Takanori
Mr. Thomas L. SCHMID

Secretariat
Mr. JIMBO KatsuhikoMr. HAGIWARA Mutsuo
Mr. KIKUCHI Yoshimi

Professor, Chief of Training Division
Professor
Professor
Professor
Professor
Professor
Professor
Professor
Professor, Chief of Information and Public Relations
Professor, Chief of Research Division
Professor
Linguistic Adviser

Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management
Affairs Section

AS OF 31 DECEMBER 201719

ANNUAL REPORT FOR 20172017 VISITING EXPERTS
THE 165TH INTERNATIONAL SENIOR SEMINAR
Dr. Ann Skelton

Professor
Director of Centre for Child Law
University of Pretoria

Dr. Richard Dembo

Professor
Department of Criminology
College of Behavioural & Community
Sciences
University of South Florida

Dr. Eduardo Vetere(Former) Director
Division for Treaty Affairs
United Nations Office on Drugs andCrime (UNODC)

Dr. Matti Joutsen

Director
European Institute for Crime Prevention
and Control (HEUNI)

Mr. Gary Hill

Scientific Coordinator
Milan, Italy-based International Scientificand Professional Advisory Council of theUnited Nations Crime Prevention andCriminal Justice Program (ISPAC)

Dr. Kittipong Kittayarak

Director
Thailand Institute of Justice (TIJ)

FOURTH UNAFEI CRIMINAL JUSTICE TRAINING PROGRAMME FORFRENCH-SPEAKING AFRICAN COUNTRIES
Mr. Thomas Meindl

Vice-Président Chargé de lʼInstruction
Tribunal de Grande Instance de Bastia
FranceMs. Alice Cherif

Vice-Procureur
Chef de la section F1
Lutte contre la cybercriminaté
Tribunal de Grande Instance de Paris
FranceMr. Patrick Boismenu

Crime Prevention and Criminal
Justice Officer (Cybercrime)
United Nations Office on Drugs andCrime (UNODC) Programme Office for
Tunisia
Tunis, Tunisie

20

APPENDIX

THE 166TH INTERNATIONAL TRAINING COURSE
Dr. Francesco Testa

Chief Prosecutor
Chieti Prosecutorsʼ Office
Italy

Mr. Joseph Wheatley

Trial Attorney
Organized Crime and Gang Section(OCGS),
United States Department of Justice
United States

Ms. Santanee Ditsayabut

Provincial Public Prosecutor
Office of Attorney General
ThailandTHE 167TH INTERNATIONAL TRAINING COURSE
Dr. Andrea Moser

Director General
Women Offender Sector
Correctional Service Canada
CanadaMs. Chiara Bologna

Associate Programme Officer
United Nations Interregional Crime andJustice Research Institute
Italy

Dr. Rohan Gunaratna

Director
International Centre for Political Violence andTerrorism Research
Nanyang Technological University
Singapore

Ms. Sabariah Binte Mohamed Hussin

Research Analyst
International Centre for Political Violence andTerrorism Research
Nanyang Technological University
SingaporeTHE 20TH UNAFEI UNCAC TRAINING PROGRAMME
Ms. Mary Butler

Chief of International Unit
Money Laundering and Asset Recovery
Section
Department of Justice
United States

Mr. Vincent Lim

Senior Deputy Director (Private Sector /Financial Investigations and Policy)
Corrupt Practices Investigation Bureau
Singapore21

ANNUAL REPORT FOR 2017

Mr. Vladimir Aras

Federal Appellate Prosecutor
Federal Prosecution Service
BrazilDr. Eduardo Vetere

Vice PresidentInternational Association of Anti-Corruption
Authorities
Italy

22

APPENDIX

2017 UNAFEI PARTICIPANTS
THE 165TH INTERNATIONAL SENIOR SEMINAR
Overseas Participants
Mr. Rinzin DORJI

Superintendent of Police
Division VIII, SAMDRUP JONGKHARRoyal Bhutan Police
BhutanMs. Alessandra Charbel Janiques
REBOUCAS

State Prosecutor
Office of the Prosecution in the Protection ofChildhood and Youth in Juvenile Justice in
SAMAMBAIA/DF
Office of the Prosecution of the Federal District
and Territories of Brazil
BrazilMr. Luiz Ricardo DUARTE

Director
Directorship of Citizen Safety
Public Safety Department of Santa Catarina State
Brazil

Mr. Pablo Neri PEREIRA

Chief of Operation Section
Chief of Staff Office
Military Police of Santa Catarina State
BrazilMr. Terepai OBEDA

Senior Probation Officer
Probation Service
Ministry of Justice
Cook Islands

Mr. Tuaine Manavaroa Junior
MANAVAROA

Probation Officer
Probation Service
Ministry of Justice
Cook Islands

Mr. Bi Ohou Noel BOTI

Investigating Judge
Court Division
Ministry of Justice, Human Rights and Public
Liberty
Cote dʼIvoire

Mr. Koffi Jean Claude ABOYA

Counsellor
Court of Appeal
Ministry of Justice, Human Rights and Public Liberty
Cote dʼIvoire

Mr. Rootman Estivens
PEREZ ALVARADO

Criminal Policy Secretary
Public Ministry of Guatemala
Guatemala23

ANNUAL REPORT FOR 2017

Mr. Zacharia Kuria MWANGISuperintendent
Administration Police Service
National Police Service
Kenya

Mr. Basheer MOHAMED

HeadFamily and Child Protection Department
Maldives Police Service
Maldives

Ms. Zaeema Nasheed ABOOBAKURU

Registrar
Juvenile Court
Maldives

Mr. Zaw Min Oo

Commander of Region (3) Yangon
Drug Enforcement Division, Myanmar Police
Force
Ministry of Home Affairs
MyanmarMs. Meera CHAUDHARY

Superintendent of Police
Central Investigation Bureau, Kathmandu
Nepal Police
Nepal

Mr. Surendra Prasad MAINALI

Joint Director
Human Resource Development Department
Training Directorate, NAXAL
Nepal Police
Nepal

Mr. Yam Bahadur BANIYADistrict Attorney
District Government Attorney Office
MAKAWANPUR
Nepal

Mr. Ghulam Ali

Director
Ministry of Human Rights
Government of Pakistan
Pakistan

Mr. Rahim Gul

Secretary
Law & Prosecution, Law Department
GILGIT-BALTISTAN GILGIT
Pakistan

Ms. Liana Edith ORTEGA

Responsible for Station
Service Childhood and Adolescents
National Police
PanamaMr. Luis Alberto ZEGARRO

Director
Office of Citizen Participation
Public Security Ministry
Panama24

APPENDIX

Ms. Cathy Fred KAIUN

Assistant Director-Restorative Justice
Crime Prevention & Restorative Justice Branch
Department of Justice & Attorney General
Papua New Guinea

Mr. Collin SAKAP

Assistant Director-Community Engagement
Crime Prevention & Restorative Justice
Coordination Branch
Department of Justice & Attorney General
Papua New Guinea

Ms. Elly Elis NAPHAL

Senior Probation Officer
Community Based Correction
Department of Justice & Attorney General
Papua New Guinea

Ms. Suzie Uware VUVUT

Chief Probation Officer
Community Based Corrections-Probation Services
Department of Justice & Attorney General
Papua New Guinea

Mr. Omega Jireh Deocares FIDEL

Chief, Case Monitoring Division
Directorate for Investigation and Detective
Management
Philippine National Police
Philippines

Ms. Kattiya RATANADILOK

Director
Research and Development InstituteDepartment of Juvenile Observation andProtection (DJOP)
ThailandJapanese Participants
Ms. ETO Junko

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. NAKAGAWA Takahisa

Judge
Kobe District Court

Mr. NAKAZAWA Satoshi

Chief Family Court Investigating Officer
Kofu Family Court

Mr. NISHIE Naoto

Rehabilitation Manager
Chugoku Regional Parole Board

Mr. YAMAMOTO Masaya

Principal Treatment Supervisor
Osaka Medical Prison

25

ANNUAL REPORT FOR 2017

FOURTH CRIMINAL JUSTICE TRAINING PROGRAMMEFOR FRENCH-SPEAKING AFRICAN COUNTRIESOverseas Participants
M. BADO Idrissa NibilmaJuge dʼInstruction près le
Tribunal de Grande Instance deOuagadougou
Burkina Faso

Mme. COULIBALY Aïssatou

Substitut du Procureur Général près la
Cour dʼAppel de Ouagadougou
Burkina Faso

Mme. DANGO Florence

Juge du siège
Tribunal de Grande Instance deOuagadougou
Burkina Faso

M. TARBANGDO Gérard

Chef de la Division des Investigations
Criminelles
Pénale à lʼEcole Nationale de Police
Burkina Faso

M. KOFFI Konan Emile

Juge du Siège
Tribunal de Première Instance dʼAbidjan Plateau
Cote dʼIvoire

M. KRAH Kouakou AugusteCommandant de Compagnie dʼAdzopé
Gendarmerie Nationale
Cote dʼIvoire

M. OSSOHOU Avis Léopold

Chef de section dʼEnquête
Direction de la police criminelle
Ministère dʼEtat, Ministère de lʼintérieur etde la sécurité
Cote dʼIvoire

Mme. SAKHANOKHO Fatoumata

Juge
Tribunal de Commerce dʼAbidjan
Cote dʼIvoire

M. ZOHO Gouet Jerôme

Substitut Général au Parquet Général
près la Cour dʼAppel de Daloa
Cote dʼIvoire

M. DIABATE Karime

Juge de Paix à Compétence Etendue deBankass
Tribunal de Grande Instance de Mopti
Mali

M. DJIRE Abdoulaye

Commissaire Principal
Commissariat de Police du 15e
Arrondissement du District de Bamako
Police Nationale
Mali

26

APPENDIX

M. DOLO Assama

Procureur de la RépubliqueTribunal de Grande Instance de Kayes
Mali

M. YATTARA Mahamadou

Substitut du Procureur
Tribunal de Grande Instance de laCommune I Bamako
Mali

M. AHMED SALEM Yacoub

Substitut du Procureur au Tribunal deNouakchott Nord
Mauritanie

M. ELEYA Ely

Ministère de lʼ Intérieur, Directeurde la lutte contre la Criminalité
Economique et Financière
Mauritanie

M. KHABOUZI Yacoub

Conseiller
Ministère de la Justice
Mauritanie

M. NAHY Mohamed Bouya

Directeur des Etudes, de la Législation etde la Coopération
Ministère de la Justice
Mauritanie

M. DIAOUGA Yaou

Adjoint au Directeur de la Police Judiciaire
Police Nationale
Niger

M. MANIROU Maman

Juge dʼInstruction au Pôle antiterroriste
Tribunal de Grande Instance Hors Classede Niamey
Niger

M. NASSIROU Mahaman Sofo Falalou

Premier Substitut du Procureur de laRépublique près le
Tribunal de Grande Instance Hors Classede Niamey
Niger

M. OFFEN Harouna Mounkaïla

Judiciaire Spécialisé en Matière
Economique et Financiè
Tribunal de Grande Instance Hors Classede Niamey
Niger

Mme. KANJINGAMBA Elysée
Matumpu

Juge
Tribunal de Paix Kinshasa Ngauema
République Démocratique du Congo

M. KATANGA Léon Muamba

Premier Substitut du Procureur de la
Republique
Parquet de Grande InstanceRépublique Démocratique du Congo

27

ANNUAL REPORT FOR 2017

Mme. RUHAMYA Nanzige Marie
ClaireMagistrat
Parquet de Grande Instance de Kinshasa
MateteRépublique Démocratique du Congo

M. BA Mouhamadou Lamine

Président
Tribunal dʼInstance de Pikine
SénégalM. DEME Ibrahima Hamidou

Substitut du Procureur Général
Parquet Général, Cour dʼAppel de Dakar
SénégalM. DIOP El Hadji Babacar

Directeur Adjoint
Direction des Services Judiciaires
Ministère de la Justice
SénégalM. SARR Adramé

Direction Générale de la Police Nationale
SénégalM. ABBO ABAKAR BRAHIM

Président
Tribunal de Grande Instance de NʼDjamena
Tchad

M. ALGHASSIM Khamis

Magistrat à la Chancellerie
Ministère de la JusticeTchad

M. MAHAMAT Charfadine Margui

Directeur Adjoint de la Police Judiciaire
Direction Générale de la Police Nationale
Tchad

M. MEIN-HEL Konaye

Juge dʼinstruction du 3ème Cabinet
Tribunal de Grande Instance de NʼDjamena
Tchad

THE 166TH INTERNATIONAL TRAINING COURSE
Overseas Participants
Mr. Gevorg MELIKYAN

Senior Specialist
Department for Mutual Legal Assistance
Ministry of Justice
Armenia

Mr. Muhammed AYUB

Additional Superintendent of Police
Special Crime Section/Police Headquarters
Bangladesh Police
Bangladesh

Mr. Md. MAHFUZUL ISLAM

Additional Deputy Commissioner
Transnational Crime Division, CTTC
Dhaka Metropolitan Police
Bangladesh

28

APPENDIX

Mr. Lhendrup GYELTSHEN

Officer Commanding
Royal Bhutan Police
BhutanMr. Thiago LEMOS DE ANDRADE

Federal Prosecutor
Federal Prosecution Office in Espirito Santo
State
Federal Prosecution Service
BrazilMr. Jules Nea HOUEYE

Investigating Judge
Court Section of Adzope
Ministry of Justice and Human Rights
Cote dʼIvoire

Mr. Willy NANSHAKALE Ntumba

Presiding Judge
Matadi Tribunal of Great Instance
Democratic Republic of the Congo

Ms. Ena Isabel AMAYA SOTO

Prosecutor
Special Unit of Extortion
District Attorneyʼs Office
El Salvador

Ms. Methmany VANNASY

Technical Officer
Planning and International Cooperation
Department
Office of the Supreme Peopleʼs Prosecutor of
Lao PDR

Ms. Ghaniyya ABDUL GHAFOOR

Assistant Legal Officer
Legal Department
Criminal Court
Maldives

Mr. Abdoulaye DICKO

Inquiry Judge of the Tribunal
Department of Justice
Tribunal of Great Instance of Commune IV ofDistrict of Bamako
Mali

Mr. Moe Thant Zin

Director
Crime Division
Bureau of Special Investigation
Ministry of Home Affairs
MyanmarMr. Bishwanath BHATTARAIBench Officer (Under Secretary)
Full BenchSupreme Court of Nepal
Nepal

Mr. John LAULE

Senior Legal Officer
Legal Policy and Governance Branch
Department of Justice and Attorney General
Papua New Guinea

29

ANNUAL REPORT FOR 2017

Mr. Ahmed Abdulwahab ADEN

International CoordinatorInternational Department
Banadir Regional Court
Somalia

Mr. Shanaka Manoj WIJESINGHE

Deputy Solicitor General
Attorney Generalʼs Department
Sri Lanka

Mr. Wasawat
CHAWALITTHAMRONG

Head of Cybercrime Sector One
Bureau of Technology and Cyber Crime
Department of Special Investigation
Ministry of Justice
Thailand

Ms. Samaporn PUNTARANGKUL

Judge
Chiangrai Provincial Court
Court of Justice
ThailandMr. Apichai THONGPRASOM

Public Prosecutor
Department of Anti-Human Trafficking
Office of the Attorney General
Thailand

Mr. Nurali JAVLIEV

Criminal Judge
Criminal Court of Yangiyul District of
Tashkent Region
Uzbekistan

Ms. Nhung Thi NGUYEN

Prosecutor
Department for Prosecution and Supervision
over Investigation of Criminal Cases Related
to Social Orders
Supreme Peopleʼs Procuracy
Viet Nam

Mr. Maybin MULENGA

Senior State Advocate
National Prosecution Authority
Ministry of JusticeZambiaJapanese Participants
Mr. ANZAI Jiro

Judge
Osaka High Court

Mr. KIMURA Tsuyoshi

Chief Inspector
Organized Crime Department
Criminal Affairs Bureau
National Police Agency

Mr. KONDO Masaru

Forensic Chemist (New Psychoactive
Substances Analysis)
Narcotic Control Department
Kanto-Shinetsu Regional Bureau of Healthand Welfare

30

APPENDIX

Ms. NISHIKAWA Taeko

Public Prosecutor
Kobe District Public Prosecutors OfficeAmagasaki Branch

Mr. OHASHI Koji

Judge
Tokyo High Court

Ms. SUZUKI Masami

Public Prosecutor
Utsunomiya District Public Prosecutors Office

Ms. TAKATA Ikuko

Public Prosecutorʼs Assistant Officer
Osaka High Public Prosecutors Office

Mr. WAKABAYASHI Kenichi

Chief Response Officer
Yokohama Mobile Prevention and Removal
Base
3rd Regional Coast Guard Headquarters

THE 167TH INTERNATIONAL TRAINING COURSE
Overseas Participants
Mr. Karma TSHEWANG

Officer Commanding
Royal Bhutan Police
BhutanMr. Carlos Vinicius SOARESCABELEIRA

Federal Prosecutor
Espirito Santo Prosecution Service Office
Federal Prosecution Service
BrazilMr. Galih RAKASIWIHead of Sub Division of Adult Client Society
Guidance
Adult Society Guidance Section
Probation Centre 1st Class East North Jakarta
Indonesia

Mr. Ahmad Naser ALTAHARWAH

Director
Corrections and Rehabilitation Centre
Public Security Directorate
JordanMr. Adam AZIM

Head of Counter Terrorism Intelligence Unit
Directorate of Intelligence
Counter Terrorism Department
Maldives Police Service
Maldives

Mr. Soufiane AHOUJILExecutive / Advisor
Prison and Reintegration Department
MoroccoMs. Remona Eleanor VISSER

Case Management Officer
Windhoek Correctional Facility
Namibian Correctional Service
Namibia31

ANNUAL REPORT FOR 2017

Mr. Nanding Navidad BAYLE

Deputy Director
National Jail Management and Penology
Training InstitutePhilippines

Ms. Folole Cecillia LEMISIO

Senior Education Facilitator Officer
Development Services Unit
Samoa Prisons and Corrections Services
Samoa

Ms. Chantima UIYYASATHIAN

Penologist, Professional Level
Bureau of Rehabilitation
Department of Corrections
Thailand

Ms. Phoungpaka WILSON

Probation Officer, Professional Level
Office of Inspection
Department of Probation
ThailandMr. Helder Cosme MARCAL BELO

National Director
National Directorate of Prison Services andSocial Reintegration, Ministry of Justice
Timor-Leste

Ms. LI Pui Ling
(Observer)

Principal Officer
Rehabilitation Unit, Lo Wu Correctional
Institution
Correctional Services Department
Hong Kong

Mr. YOUN JongWoong(Observer)

Inspector
Seoul Nambu Detention Centre
Korea Correctional Service, Ministry ofJusticeKorea

Ms. Precilla Quimson
CAMPOSANTO(Intern)

Probation Officer
Parole and Probation Administration
Department of Justice
Philippines

Japanese Participants
Mr. ABE Yuta

Probation Officer
Chiba Probation Office

Mr. ADACHI Taku

Judge
Criminal
Kobe District Court

Mr. KONO Yukio

Chief Supervisor
International Affairs Division
Yokohama Prison

Mr. SAKATANI Tokuji

Probation Officer
Examination Division
Chugoku Regional Parole Board

32

APPENDIX

Mr. TAKAYAMA Kei

Public Prosecutor
Public Security Department
Osaka District Public Prosecutors Office

Mr. TSUKAHARA Akihiro

Chief Supervisor
Treatment Division, Treatment Department
Hiroshima Prison

Mr. YAMANE Sachio

Chief Inspector
Foreign Affairs Division Sector Ⅲ
Metropolitan Police Department

THE 20TH UNAFEI UNCAC TRAINING PROGRAMME
Overseas Participants
Mr. Mohammad IBRAHIM

Deputy Director
Integrated District OfficeAnti-Corruption Commission Dahka
Bangladesh

Mr. Tandin PENJOR

Legal Officer
Legal Division, Crime and Operations BranchRoyal Bhutan Police
BhutanMr. Frederico Skora LIEBERENZ

Federal Commissioner
Repression of Corruption and Abuse of Public
Resource Division, Federal Police
BrazilMr. Tiago SANTOS FARIAS

Chief Adviser for Criminal Matters
International Cooperation Unit, Federal
Prosecution Service
BrazilMr. Sovann SRIN

Assistant to Anti-Corruption Unit
Anti-Corruption Unit
Cambodia

Mr. Gerard NEDEOU TEUBDOYO

Director of Legislation and International
Cooperation
Directorate General of Human Rights andLegislation, Ministry of JusticeChad

Mr. Mohamed Abdelhamid
ELHAMADY

Inspector, Lieutenant Colonel
General Directorate of Investigations ofFinancial Crimes
Ministry of Interior
Egypt

Mr. Nanang SURYADI

Investigator and Prosecutor
Prosecution
Corruption Eradication Commission
Indonesia

33

ANNUAL REPORT FOR 2017

Mr. Khalid Ali ALSAEDI

Director of the Integrity Surveillance Division
Directorate of Investigations and Legality,
Inspector General Office, Ministry of Interior
Iraq

Ms. Caroline Karimi NYAGAState Counsel
Legal Affairs Division, Office of Attorney
General & Department of JusticeKenya

Mr. Phouangphet SOMVORACHIT

Chief of Inspection DivisionInspection Department, Ministry of Justice
Lao PDR

Ms. Mariyam Liusha

Investigation Officer
Investigation Unit/Operation Section,
Anti-Corruption Commission
Maldives

Ms. Mariyam SHAHUMA

Public Prosecutor
Economic and Financial Crimes Unit,
Prosecution Section
Prosecutor Generalʼs Office
Maldives

Mr. Aung Than Toe

Director
Bureau of Special Investigation of Bago
Region Office
MyanmarMr. Umesh ADHIKARI

Section Officer
Commission for the Investigation of Abuse of
Authority Itahari Office
Nepal

Ms. Nirmala SHARMA SUBEDI

Deputy Attorney
Corruption Criminal Cases Division
Special Government Attorney Office
Nepal

Mr. Desmond MWAYAWA

Senior Legal Officer
Office of State Solicitor, General Advising
Division, Department of Justice and Attorney
GeneralPapua New Guinea

Mr. Harsha Sri Priyantha
SETHUNGE MDIYANSELAGE

High Court Judge
High Court, Judicial Service Commission
Sri Lanka

Mr. Abdelazim Mohamed ELZAKI

Assistant of the Department Head
Training Department, Ministry of Justice
Sudan

Mr. ASRORI Iftikhor Qurbon

Judge
Rudaki Court
Tajikistan

34

APPENDIX

Mr. Christian Chrisant NYAKIZEE

Senior investigation Officer
Investigation, Prevention and Combating ofCorruption Bureau (PCCB)
Tanzania

Mr. Puttipong HUNTOPAP

Provincial Public Prosecutor
Executive Directorʼs Office of Bankruptcy
Litigation 1, Office of Attorney General
Thailand

Ms. Tariro Rosa TAKUVA

Chief Public Prosecutor
Superior Courts Division, Bulawayo, National
Prosecuting Authority
Zimbabwe

Japanese Participants
Mr. AKAGI Kazuo

Chief Inspector
Investigation Division 2, Criminal Affairs
Bureau, National Police Agency

Mr. FUJIOKA Takashi

Securities Investigator
Secretariat
Securities and Exchange Surveillance Commission

Mr. HIRATE Kentaro

Judge
Sapporo District Court

Mr. HISAOKA Shuhei

Public Prosecutor
Nara District Public Prosecutorsʼ Office
Katsuragi Branch

Mr. MANABE Atsushi

Public Prosecutor
Osaka District Public Prosecutorsʼ Office35

PART TWORESOURCE MATERIAL SERIES
No. 105

Work Product of the 168th International Senior Seminar“Enhancing the Rule of Law in the Field of Crime Prevention and Criminal
Justice: Policies and Practices Based on the United Nations Conventions andStandards and Norms”

UNAFEIVISITING EXPERTSʼ PAPERS
THE RULE OF LAW AS A CONCEPT IN DISCUSSIONS AT THE
UNITED NATIONS
Matti Joutsen＊“When I use a word”, Humpty Dumpty said, in rather a scornful
tone, “It means just what I choose it to mean ‒ neither more nor
less.” “The question is, said Alice, “whether you can makewords mean so many different things.” “The question is”, said
Humpty Dumpty, “which is to be master ‒ that’s all.” (Lewis
Carroll, Through the Looking Glass, chapter 6)

I. INTRODUCTION: ON WHAT LEVEL DOES THE ʻRULE OF LAWʼ APPLY:NATIONAL OR INTERNATIONAL?
The concept of the rule of law has a lengthy but uneven history in the work of the United Nations. The
path from a brief reference in the preamble to the 1948 Universal Declaration of Human Rights toincorporation into one of the Sustainable Development Goals in 2015 was anything but smooth. As often
happens with concepts in the United Nations, there have been considerable disagreements over what ismeant by the rule of law, and in what way it is relevant to the work of the UN.
This paper examines how the concept has been used and understood within the context of the United
Nations. Words are used to convey specific meanings, and the assumption is that the audience ‒ in thisconnection those involved in the work of the United Nations ‒ have a shared understanding of these
meanings. This is not always the case. When different speakers use a key word or phrase in a different way,difficulties arise in seeking consensus. And if consensus is reached despite disagreement over what key
words or phrases actually mean (a situation which, in UN jargon, has at times been jocularly referred to as
ʻconstructive ambiguityʼ), it will be equally difficult to decide what consequences that consensus should have,what action should be taken, what priorities should be set.
＊ ＊ ＊ ＊ ＊In 1948, the General Assembly of the United Nations proclaimed the Universal Declaration of Human
Rights (GA resolution 217 A). The third preambular paragraph states that ʻ... it is essential, if man is not to becompelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights
should be protected by the rule of law...ʼ
A second, indirect, early reference to the rule of law can be found in the preamble to the UN Charter,
which states that one of the aims of the United Nations is ʻto establish conditions under which justice andrespect for the obligations arising from treaties and other sources of international law can be maintained.ʼ
Presumably, one condition under which justice and respect for legal obligations can be maintained is that they
can be recognized and enforced; hence, the rule of law.
The reference in the Universal Declaration of Human Rights, in particular given that the language of thisDeclaration focuses largely on the rights of the individual, points to the role of the rule of law in protecting theindividual against the state. The indirect reference in the Charter, in turn, points to sources of internationallaw. At the time the Charter was drafted, the primary actors under international law were the individualstates. For this reason, this latter reference points to the role of the rule of law in ensuring respect forsovereignty and non-intervention in the affairs of other states.

＊

Special Advisor, Thailand Institute of Justice.

39

RESOURCE MATERIAL SERIES No. 105

The seeds for disagreement over how the ʻrule of lawʼ should be understood had been sown: should theconcept be understood to apply on the national level (protecting individuals against the state) or on theinternational level (protecting one state or people against another)?
The ambiguity of the concept was fostered through many years of disuse in the discourse in the halls of
the United Nations. Despite the early recognition given to the importance of the rule of law, the phrase was
not in very wide usage during the first decades of the work of the United Nations. For example, it is not to befound in any subsequent major human rights instrument, such as the International Covenant on Civil andPolitical Rights, or the International Covenant on Economic, Social and Cultural Rights. ʻRule of lawʼ did not
really begin to become an everyday working term for the UN until in the immediate aftermath of the massive
geopolitical changes in Europe at the end of the 1980s and the beginning of the 1990s.
When the fall of the Berlin Wall and the advent of the era of perestroika and glasnost, Western powers
triumphantly asserted the importance of human rights and democracy. The 1993 World Conference on
Human Rights, held in Vienna, made reference to the rule of law, after which the phrase began making
regular appearances in General Assembly resolutions, in which the rule of law was regarded as an essential
factor in the protection of human rights.1 Promoting the rule of law also became a priority in United Nations
technical assistance activities carried out by the High Commissioner for Human Rights, and in the work of
the United Nations Development Programme.
At the same time, the phrase gained wider use in the context of UN peacekeeping operations. Before the1990s, ʼblue helmetsʼ were generally deployed to observe and maintain ceasefires, as with the first missions inconnection with the 1948 Arab-Israeli war, the Indo-Pakistani wars of 1947 and 1965, and the Suez crisis in
1957. The Security Council resolutions that established the mandates for these missions saw no reason torefer to the rule of law (or, for that matter, to human rights). Following the end of the Cold War, however, UN
peacekeeping missions began to involve more non-military elements. As noted by Hans Corell, the UnderSecretary-General for Legal Affairs, the conflicts that these missions were addressing ʻare but symptoms of
the absence of a system under the rule of lawʼ.2 The resolution that adopted the so-called Brahimi Report on
UN Peacekeeping expressly stated that the Security Council
ʻEmphasizes that the biggest deterrent to violent conflict is addressing the root causes of conflict,including through the promotion of sustainable development and a democratic society based on astrong rule of law and civic institutions, including adherence to all human rights - civil, political,
economic, social and culturalʼ,and that the Security CouncilʻWelcomes the Secretary-Generalʼs intention to spell out more clearly, when presenting future
concepts of operations, what the United Nations system can do to help strengthen local rule of law andhuman rights institutions, drawing on existing civilian police, human rights, gender and judicial
expertiseʼ.3
Four years later, in 2004, the Secretary-General delivered on his promise to provide an outline of what
could be done in the context of UN peacekeeping operations. This came in the form of a report entitled ʻThe
rule of law and transitional justice in conflict and post-conflict societiesʼ.4
Despite this increased reference to the rule of law, there is no authoritative definition of the rule of law in
the UN context. Perhaps the closest to an authoritative definition of the rule of law in the working of theUnited Nations is the description given by the Secretary-General in a report published in 2004, in which heSee, for example, Thomas Fitschen, Inventing the Rule of Law for the United Nations, in A. von Bogdandy and R. Wolfrum (eds,
2008), Max Planck Yearbook of United Nations Law, pp. 347-380, at pp. 358-361.
2
Hans Corell (2000), ʻThe Role of the United Nations in Peacekeeping ‒ Recent Developments from a Legal Perspectiveʼ,
presentation at the Conference National Security Law in a Changing World, Washington DC, available at: http: //legal. un.
org/ola/media/info_from_lc/washingtonDec00.pdf
3Security Council resolution 1327 (2000).
4
Report of the Secretary-General, S/2004/616.
1

40

168TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTSʼ PAPERS

described the rule of law as ʻa principle of governance in which all persons, institutions and entities, public andprivate, including the State itself, are accountable to laws that are publicly promulgated, equally enforced andindependently adjudicated, and which are consistent with international human rights norms and standards. It
requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before thelaw, accountability to the law, fairness in the application of the law, separation of powers, participation indecision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.ʼ5
One phrase in the Secretary-Generalʼs description raises again the issue of whether the rule of law should
apply on the national or the international level: his assertion that also the State itself is accountable under therule of law. This is a far cry from the Justinian concept that what pleases the prince is law, which in time led
to Blackstoneʼs famous assertion that ʻthe king can do no wrongʼ. As noted in the Secretariat working paper
for the Tenth Crime Congress (2000), the rule of law was seen as a remedy for human rights abuses. The
working paper stresses one fundamental reason why the rule of law should be a particular concern incriminal justice: ʻThe very nature of the criminal justice systems and sanctions makes them the ultimate
instrument for turning the rule of law itself into a mechanism of repression for political, social, economic orother purpose.ʼ6
This, indeed, appears to be the primary source of the contention: some saw the concept ʻrule of lawʼ as atool to be used in advocating for democratic reforms, while others regarded such advocacy as intervention inmatters which are essentially within the domestic jurisdiction of states, intervention which is prohibited
under art. 2(7) of the UN Charter.

II. DISCUSSIONS ON THE RULE OF LAW IN THE CONTEXT OF THE
SUSTAINABLE DEVELOPMENT GOALS
The debate during the 1990s over whether and how the concept of the rule of law is of relevance in thework of the United Nations continued into the work on the Millennium Development Goals (MDGs). In
adopting these goals, the member states of the United Nations resolved to ʻstrengthen respect of the rule oflaw in international as in national affairsʼ, and to ʻspare no effort to promote democracy and strengthen therule of lawʼ, but were unable to reach agreement on any specific goals in this respect.7
In the process of formulating the 2030 Agenda for Sustainable Development, a strong argument was madethat the implementation of the MDGs had been hampered by poor governance, conflict, and absence of legal
rights: essentially, the absence of the rule of law.8 The point was made, for example, by the UN System Task
Team on the Post-2015 UN Development Agenda,9 the High Level Panel of Eminent Persons advising the UN
Secretary-General on the Post 2015 Agenda,10 and the Open Working Group on Sustainable Development
Goals.11

Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies, S/2004/616, para 6.
Fitschen argues that this ʻreport, in the eyes of many, provided the first formulation of a common concept where no coherent
policy direction had existed beforeʼ (Fitschen, op.cit., p. 350 and the literature cited therein). He notes, however, that subsequent
debates in the UN showed that ʻthere is hardly a common understanding of this issueʼ; ibid., p. 354.
6
A/CONF.187/3, paras 2 and 4.
7
GA A/RES/55/2, para 9 and 24.
8This was the conclusion, for example, of the UNDP in an analysis of a compilation of country reports on implementation of the
MDGs. UNDP, The Path to Achieving the Millennium Development Goals: A Synthesis of Evidence from Around the World,
New York, 2010. See e.g. pp. 51-53, 57-59 and 66-67.
On the discussion on the rule of law in the context of the SDGs more generally, see also Per Bergling and Sophie Tim (2015),
The New Black on the Development Catwalk: Incorporating rule of Law into the Sustainable Development Goals, Washington
International Law Journal, available at https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1493/24WILJ0435a.pdf?sequence=4&isAllowed=y pp. 437-439
9Realizing the Future We Want for All (2012), Report to the Secretary General ‒ UN System Task Team on the Post-2015 UN
Development Agenda, New York.
10
A New Global Partnership: Eradicate Poverty and Transform Economies Through Sustainable Development. The Report of
the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda, available at http://www.post2015hlp.org/wpcontent/uploads/2013/05/UN-Report.pdf
11
GA resolution A/68/970.
5

41

RESOURCE MATERIAL SERIES No. 105

This sense that the rule of law is fundamentally important in development was strengthened by the
adoption of the Declaration of the high level meeting of the General Assembly on the rule of law at thenational and international level.12 Several paragraphs in this lengthy Declaration make an explicit connection
between rule of law and development. Paragraph 7 can be cited in particular, as it looks forward to theformulation of the post-2015 agenda:
ʻ7. We are convinced that the rule of law and development are strongly interrelated and mutually
reinforcing, that the advancement of the rule of law at the national and internal levels is essential forsustained and inclusive economic growth, sustainable development, the eradication of poverty andhunger and the full realization of all human rights and fundamental freedoms, including the right todevelopment, all of which in turn reinforce the rule of law, and for this reason we are convinced that
this interrelationship should be considered in the post-2015 international development agenda.ʼ
The recognition that the various UN task forces and the Declaration of the General Assembly gave to theimportance of the rule of law, however, did not end the debate over whether or not the rule of law should beincorporated into the SDGs. The difficulties had to do with (1) the politicized debate over whether the rule oflaw, in the UN context, should be seen at the national or the international level, (2) disagreement over the
relationship between governance and the rule of law, and (3) the more technical issue of how to measure therule of law.13
The national versus international aspect of this debate has already been mentioned. Most developed
countries, and a number of developing countries, were of the view that the United Nations should beconcerned with the rule of law also on the national level, with national compliance with human rights norms,
and with issues such as access to justice. The Non-Aligned Movement, in turn, emphasized that the focus in
the UN should be on the international level (for example with the status of Palestine), and countries in thisgroup made reference to the fact that article 2 (7) of the UN Charter prohibits the Organization frominterfering in essentially domestic matters. The Non-Aligned Movement also stressed that because of thediversity of legal, political and economic systems, there was no ʻone size fits allʼ for the rule of law; the national
context should be respected.14
A second difficulty referred to above had to do with the concept of ʻgood governanceʼ and its relationshipto the rule of law. The Western industrialized countries, which at the same time are often the donor countries
in development aid, tend to be of the view that economic development and poverty reduction can bepromoted by reducing the role of the state, breaking up the dominance of corrupt political elites, andencouraging private enterprise and foreign investment (the so-called ʻWashington Consensusʼ that prevailed
during the 1980s and the early 1990s).15 This would imply an agenda that emphasizes the transparency ofdecision-making in national and local government, liberalization of the economy, and encouragement of grassroots democratic movements. It would also imply what has been referred to as conditionality in technicalassistance: donors would provide assistance only on condition that the recipients undertake certain structuraland political reforms which, in the eyes of the donors, would improve the effectiveness and sustainability of
the assistance.
The third difficulty mentioned was finding a way to measure the rule of law. In the case of several othergoals being considered, it was (relatively) easy to identify quantifiable goals and to indicate possible data
sources: the rate of infant mortality, the number of persons living on less than $1.25 a day, the rate of literacy,
and so on. The concept of the ʻrule of lawʼ, in comparison, remained vague. There was also the difficulties
posed by the variety of legal systems, the absence of uniform terminology,16 and the paucity of comparable
hard data on the operation of justice. Those critical of including a goal on the rule of law seized on theseGA resolution A/RES/67/1.
Bergling and Tim, op.cit., pp. 439-449.
14
Bergling and Tim, op.cit., pp. 444-445.
15
Regarding the ʻWashington Consensusʼ, see in particular David Kennedy, The ‘Rule of Law,’ Political Choices, andDevelopment Common Sense, in David M. Trubek and Alvaro Santos (eds., 2006), The New Law and Economic Development. A
Critical Appraisal, Cambridge, pp. 95-173, at pp. 128-150.
16
For example, offences are defined differently in different countries, and even such basic concepts as ʻcrimeʼ, ʻpolice officerʼ,ʻcourtʼ and ʻconvictionʼ are understood in widely different ways.
12
13

42

168TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTSʼ PAPERS

technical difficulties as further arguments to bolster their case.17
Despite the concerns by the Non-Aligned Movement countries, the SDGs ultimately did include a specifictarget on the rule of law, under Goal 16, which calls for the promotion of peaceful and inclusive societies forsustainable development, the provision of access to justice for all, and the building of effective, accountable
and inclusive institutions at all levels. This target, 16.3, however, is rather vague: the member states are toʻpromote the rule of law at the national and international levels and ensure equal access to justice for all.ʼ

III. EMERGENCE OF THE CONCEPT OF THE RULE OF LAW IN THE
UNITED NATIONS CRIME PROGRAMME
It is presumably not coincidental that the phrase ʻrule of lawʼ began to appear in the context of the UN
Crime Programme during the 1990s, at the same time as the phrase was gaining traction in the UN humanrights programme, in the UN Development Programme, and in peacekeeping operations.
The first indication that a terminological shift was underway in the UN Crime Programme could be seenin the standards and norms on crime prevention and criminal justice. The drafting of these ʻsoft lawʼ
instruments began during the early years of the work of the United Nations, and they have been widely used
for example in technical assistance.18 However, despite the central role of these standards and norms, it was
only in 1990 that the phrase ʻrule of lawʼ made its first appearance in the one of them, the UN Standard
Minimum Rules on Non-Custodial Treatment (the Tokyo Rules), in the context of legal safeguards for theoffender.19 Several subsequent standards and norms make reference to the phrase.20
The rule of law has also made frequent appearances in (draft) resolutions formulated by the UN
Commission on Crime Prevention and Criminal Justice, for submission to ECOSOC and, in some cases, to theGeneral Assembly. The phrase has even been the main topic of several resolutions, such as the (draft)
resolutions on the rule of law and development (2004), the rule of law in Africa (2005 and 2006), the rule of law
and criminal justice reform (2006), the rule of law and prosecution services (2008), the rule of law and criminal
justice reform, particularly in the context of the UN system-wide approach to fighting transnationalorganized crime and drug trafficking (2012), and ‒ feeding into the process of formulating the SDGs ‒ the ruleof law, crime prevention and criminal justice in the United Nations development agenda beyond 2015 (2013
and 2014).
The most important events in the UN Crime Programme are the UN Congress on Crime Prevention andCriminal Justice, which are organized every five years. The 1995 Crime Congress was the first one to beorganized after the major political changes in Eastern Europe, and coincidentally also the first to be organized
after the UN Crime Programme was restructured (in 1991). The 1995 Crime Congress had as one of its fourmain themes, ʻInternational Cooperation and Practical Assistance for Strengthening the Rule of Law:
Promoting the United Nations Crime Prevention and Criminal Justice Programme,ʼ and one of the resolutions
adopted at this Congress dealt with ʻInternational Cooperation and Practical Assistance for Strengthening theRule of Law: Development of United Nations Model Instrumentsʼ.21 The next Crime Congress, in 2000, also
had the phrase inserted into the formulation of one of its four main themes, ʻPromoting the rule of law andExtensive consultations were held on this measurement issue. The author participated in one process, which resulted in the
UNODC publication, Accounting for Security and Justice in the Post-2015 Development Agenda, Vienna, 2013. This publicationsuggested a large number of possible indicators.
18
An excellent presentation of the UN standards and norms can be found in Roger Clark (1994), The United Nations Crime
Prevention and Criminal Justice Program. Formulation of Standards and Efforts at Their Implementation. University ofPennsylvania Press. The standards themselves are available at https://www.unodc.org/documents/justice-and-prison-reform/
compendium/English_book.pdf
19
Rules 2.5 and 3.3.
20
The phrase ʻrule of lawʼ appears not only in the Tokyo Rules, but also in the Guidelines for the Prevention of Crime (ECOSOC
resolution 2002/13, annex, principle 12), the Updated Model Strategies and Practical Measures on the Elimination of Violenceagainst Women in the Field of Crime Prevention and Criminal Justice (GA resolution 65/228, annex, para. 16(j)), the Plan ofaction for the implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(ECOSOC resolution 1998/21, annex, para. 4), the Bangalore Principles of Judicial Conduct (E/CN. 4/2003/65, and ECOSOC
resolution 2006/23, annex, preambular para 5 and principle 1), and the United Nations Principles and Guidelines on Access to
Legal Aid in Criminal Justice Systems (GA resolution 67/187, annex, para 1 and principle 1).
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strengthening the criminal justice systemʼ.22
The working paper prepared by the Secretariat for the UN Crime Congress23 held in 2000 identifies someof the ʻelements or requirements of the rule of lawʼ, such as the need for the law to be comprehensive, clear,certain and accessible, the legitimacy of the law, equality before the law, and institutional independence andthe separation of powers. Although several speakers during the High-Level Debate, which was arranged forthe first time at such a Crime Congress, noted the importance of the rule of law, the description of theconcept provided by the Secretariat did not generate any significant discussion at the Congress.24 The phrase
does not even appear in the final Congress declaration, although a vague echo of it can be found in thereference in preambular paragraph 4, which stresses that ʻa fair, responsible, ethical and efficient criminal
justice system is an important factor in the promotion of economic and social development and of humansecurityʼ.
The declarations of the subsequent Congresses, however, refer to the phrase quite often. The Bangkok
Congress Declaration (2005), for example, refers to it in paras 6, 8, 9, 11 and 24. In Bangkok, the member states
voiced their support for a more integrated approach within the United Nations in respect of technicalassistance and cooperation in criminal matters ʻas a contribution to the establishment and strengthening of
the rule of lawʼ (para 6), and their conviction that upholding the rule of law and good governance and proper
management of public affairs and public property at the local, national and international levels are
prerequisites for creating and sustaining an environment for successfully preventing and combating crimeʼ(para. 8). The member states further recognized ʻthe role of individuals and groups outside the public sector,
such as civil society, non-governmental organizations and community-based organizationsʼ in crime
prevention and criminal justice, and encouraged the ʻadoption of measures to strengthen this role within therule of lawʼ (para. 9).
Five years later, the member states at the Salvador Congress declared their recognition of ʻthe centralityof crime prevention and the criminal justice system to the rule of lawʼ and that ʻlong term sustainableeconomic and social development and the establishment of a functioning, efficient, effective and humane
criminal justice system have a positive influence on each otherʼ (preambular para. 4), as well as their concern
about ʻthe negative impact of organized crime on human rights, the rule of law, security and developmentʼ
(preambular para. 6).25
The most recent Crime Congress, held in Doha in 2015, even had the phrase enshrined in the (lengthy)
title of its Declaration: the Doha Declaration on Integrating Crime Prevention and Criminal Justice into theWider United Nations Agenda to Address Social and Economic Challenges and to Promote the Rule of Law at
the National and International Levels, and Public Participation.
The star billing given to the rule of law at the Doha Congress can be attributed directly to the fact that
the Congress was held a few months before the General Assembly was to finalize and adopt the Sustainable
Development Goals, and the Doha Congress was seen as an excellent opportunity to contribute to the process,and in particular to seek to ensure that the rule of law would be featured as a self-standing goal in the SDGs.
In this light, it is understandable that the Doha Declaration refers to the rule of law time and time again.
The single preambular paragraph sets the tone, by asserting that the member states had gathered in Doha toʻreaffirm our shared commitment to uphold the rule of law and to prevent and counter crime in all its forms
and manifestations, at the domestic and international levels, to ensure that our criminal justice systems are
effective, fair, humane and accountable, to provide access to justice for all, to build effective, accountable,
References in the Crime Congress documentation indicate that in this context, the rule of law was largely understood assomething that could be attained by promoting the implementation of UN standards and norms on crime prevention andcriminal justice. See, for example, section I(3) of the Congress Recommendations on the four substantive topics of the Congress,
A/CONF.169/16/Rev.1. See also para 22 of the report of the Asia and Pacific regional preparatory meeting, A/CONF.169/RPM.
1/Rev.1., and para II(1) of the Resolution of the African regional preparatory meeting, A/CONF.169/RPM.2.
22
The 2000 Crime Congress, however, did not make any reference to the rule of law in its Congress Declaration.
23
A/CONF.187/3, paras 9-21.
24
The present author served as Rapporteur at the 2000 Congress.
25
The rule of law was also mentioned in paras 8, 43 and 44 of the Salvador Declaration.
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impartial and inclusive institutions at all levels, and to uphold the principle of human dignity and the universal
observance and respect of all human rights and fundamental freedomsʼ.
The Doha Declaration goes on to make several more points regarding the rule of law:
- a central component of the rule of law is the importance of effective, fair, humane and accountable
crime prevention and criminal justice systems and the institutions comprising them (para. 3);- sustainable development and the rule of law are strongly interrelated and mutually reinforcing, and in
the context of the work on the SDGs the member states at the Congress ʻreiterate the importance ofpromoting peaceful, corruption-free and inclusive societies for sustainable development, with a focus
on a people-centred approach that provides access to justice for all and builds effective, accountable
and inclusive institutions at all levelsʼ (para 4);- there is a need to ʻensure appropriate training of officials entrusted with upholding the rule of law andthe protection of human rights and fundamental freedoms (para. 5(a));- the importance of education of children and youth for the prevention of crime and corruption and forthe promotion of a culture of lawfulness that supports the rule of law and human rights while
respecting cultural identities (para. 7);- the need for more analysis of information and practices relating to evolving forms of transnationalorganized crime in order to more effectively prevent and counter crime and strengthen the rule of law(para. 9(g));- the need for awareness-raising programmes to convey key values based on the rule of law andsupported by educational programmes (para. 10.(b)); and- the need to promote a culture of lawfulness based on the protection of human rights and the rule of law
ʻwhile respecting cultural identityʼ (para.10(c)).
- the importance of technical assistance in enhancing international cooperation, upholding the rule of law
and ensuring that crime prevention and criminal justice systems are effective, fair, humane andaccountable.

IV. IS THE DEBATE IN THE UNITED NATIONS ON THE IMPORTANCE OF THE
RULE OF LAW OVER? REFLECTIONS ON THE UNITED NATIONS DISCUSSION REGARDING A ʻCULTURE OF LAWFULNESSʼ
Since the 1990s, the rule of law appears to have come into its own in the United Nations. To judge by its
frequent appearance in resolutions and in the debate in the Security Council, the General Assembly and theEconomic and Social Council, member states are comfortable with it, and accept its importance. To use UN
jargon, the concept has become ʻagreed languageʼ.
Similarly, the extent to which the phrase is invoked in the UN work on human rights, development,
peacekeeping, and crime and justice suggests that all is well.
Such an assumption, however, would be misleading. A hint to the continuation of the conflict inperspectives can be found in the formulation used in one of the most visible aspects of the work of the United
Nations, the Sustainable Development Goals. Target 16.3 is formulated so that member states are to ʻpromote
the rule of law at the national and international levels and ensure equal access to justice for all.ʼ Given that no
definition of ʻrule of lawʼ is offered, and the target is rather vague. both those advocating that the rule of law
protects the individual against the state (the national level) and those advocating that it protects one state (orpeople) against another (the international level) can maintain their own position and priorities.
This is not merely a question of semantics. The SDGs and the UN resolutions guide the work of the UN
bodies, and are used to formulate national policy. If there is no agreement on what a key phrase refers to,consensus will continue to rest on the basis of ʻconstructive ambiguityʼ, with individual member states
continuing to formulate national policy based on their own interpretation of the concept.
This can be illustrated by recent debates within the framework of the UN Crime Programme revolving
around the concept of a ʻculture of lawfulnessʼ. This concept is not very well-known in English. Just as is thecase with the ʻrule of lawʼ as a concept, it may well be misunderstood, or at least understood in different ways
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Outside of the United Nations, the ʻculture of lawfulnessʼ concept is largely used in very specificconnections, and in very specific ways:; in peace-keeping and transitory justice projects (primarily US-funded technical assistance projects in
Latin America and the Middle East), it tends to mean that society rejects violence and calls for astable rule of law;
; in the law enforcement context, it is used as a synonym for integrity on the part of law enforcement
personnel; and; in the anti-corruption context, it is used as a synonym for integrity on the part of decision-makers
both in government and in the private sector.
In distinction from these specific connections, the concept is usually associated with a general set of
attitudes and conduct in society. Roy Godson has briefly defined a culture of lawfulness as a culture that is
supportive of the rule of law.26
Within the UN Crime Programme, in turn, the term apparently first appeared in the context of theformulation of the UN Guidelines for the Prevention of Crime.27 Principle 12 of these guidelines states:ʻ12. The rule of law and those human rights which are recognized in international instruments towhich Member States are parties must be respected in all aspects of crime prevention. A culture of
lawfulness should be actively promoted in crime prevention.ʼ
The concept appeared in a somewhat different formulation at the 2010 UN Crime Congress. In para. 43 of
the Salvador Declaration, which again speaks largely about the prevention of crime, the member states notethat they ʻendeavour to take measures to promote wider education and awareness of the United Nations
standards and norms in crime prevention and criminal justice to ensure a culture of respect for the rule oflaw. In this regard, we recognize the role of civil society and the media in cooperating with States in these
efforts.ʼ
Five years later, para. 7 of the Doha Declaration from the 2015 Crime Congress echoed this language, byemphasizing that ʻeducation for all children and youth, including the eradication of illiteracy, is fundamental tothe prevention of crime and corruption and to the promotion of a culture of lawfulness that supports the ruleof law and human rights while respecting cultural identities.ʻ Para 10(c) largely repeats this point by notingthat the member states undertake to ʻpromote a culture of lawfulness based on the protection of humanrights and the rule of law while respecting cultural identity, with particular emphasis on children and youth,
seeking the support of civil society and intensifying our prevention efforts and measures targeting and using
the full potential of families, schools, religious and cultural institutions, community organizations and theprivate sector in order to address the social and economic root causes of crimeʼ.
Already during the negotiations of the Doha Declaration, some national delegations questioned the use of
the term ʻculture of lawfulnessʼ and pointed out, quite correctly, that it was not ʻagreed languageʼ in the UN,
and that there was no agreed definition of the term.
Although consensus was ultimately reached on the inclusion of the concept in these two paragraphs thatwere focused on crime prevention, heated discussion emerged subsequently at sessions of the Commission on
Crime Prevention and Criminal Justice, when some delegations sought to return to the concept in connection
Roy Godson has written extensively on the subject (e.g., A Guide to Developing a Culture of Lawfulness [2000]), citing practicalexamples from e.g. Colombia, Hong Kong and Sicily of how the fostering of a culture of lawfulness can be used to respond to
wide-spread violence and organized crime
Godsonʼs brief definition is substantially the same as that used by the US-government funded Culture of Lawfulness Project(https://www.yumpu.com/en/document/view/11251856/building-a-culture-of-lawfulness-national-strategy-information- ):“A society in which the overwhelming majority of members are convinced that the rule of law offers the best long-term
chance of securing their rights and attaining their goals. They believe that this is achievable and are committed to upholding it.”For a somewhat longer definition, see Roy Godson, A Guide to Developing a Culture of Lawfulness (2000), p. 5.
27
ECOSOC resolution 2002/13, annex.
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with the 2020 Crime Congress, to be held in Kyoto, Japan.28
What appears to lie behind this convoluted debate is the concern of some representatives of states in the
Non-Aligned Movement that the ʻculture of lawfulnessʼ as a concept is being used to disguise efforts toreassert the focus on rule of law at the national level. The concept can be understood from two diametrically
opposed perspectives, that of the government (and practitioners), and that of the general public.
The government may understand a ʻculture of lawfulnessʼ to mean that the public respects the law ‒ andthose who represent the law, in other words the government. This would enhance the rule of law ‒ more
specifically, the law as defined by constitutionally approved bodies, whether these are a democratically
representative body (such as a parliament) or a body consisting largely of a religious, political or economic
elite.
The general public, in turn, may understand a culture of lawfulness to mean that the government (andpractitioners) should follow the law, i.e., they should respect the rule of law. From this perspective, the ʻlawʼ
could be understood more broadly to include not only national legislation, but also internationally recognizedhuman rights standards. The ʻrule of lawʼ can also be understood to require that the government adheres tobasic democratic principles.
From these two diametrically opposed perspectives, it is not a very long leap to the heated debate thathas emerged in the United Nations on the role of civil society, and of non-governmental organizations. The
debate has been particularly heated in the context of the United Nations Crime Programme.29 According to
one view, civil society activity, including that of non-governmental organizations, should be encouraged as
widely as possible. According to the second view, such non-governmental activity should be supervised inorder to ensure that the NGOs in question do not have malevolent intentions, or serve as a channel for
importing foreign (and undesirable) social and cultural values.
The first view could be described as a bottom-up, community-based approach. Local communities have awide range of concerns, among which may be the impact of crime on the local level. Through awarenessraising and advocacy, they may contribute to the detection of crime, and stimulate the authorities to respond.30
This view has a direct analogy in community policing, which holds that the police and the public are jointly
responsible for responding to crime and improving the quality of life on the community level. Community
policing programmes generally seek to encourage public initiative, recognizing that while the goals of
individual civil society groups need not necessarily be in full alignment with police goals, the work of thesegroups supplements the work of the police. In both a literal and a figurative sense, the mobilization of the
public extends the reach of the criminal justice apparatus, in a way that not only enhances the effectiveness ofcriminal justice, but also fosters the trust of the public in the operation of the criminal justice system.
The second view could be described as a top-down approach, which seeks to ensure that civil society
activity is in compliance with national law. The concerns expressed, as noted, at times refer to the potentialthat non-governmental organizations may have as channels for bringing unwanted foreign social and culturalvalues into a country. This is illustrated by the discussions held at the UN Crime Congress in 2015. As
reflected in the report of the Congress, in respect of the discussions at the workshop on public participation in
The flash point was the proposal that one of the four themes at the 2020 UN Crime Congress would essentially deal, quite
simply, with the promotion of a culture of lawfulness. What originally was envisaged as a short and snappy theme (in the view of
one delegation, it should be possible to encapsulate the theme in a single 140-character ʻtweetʼ) ultimately emerged as amouthful: ʻMultidimensional approaches by Governments to promoting the rule of law by, inter alia, providing access to justicefor all; building effective, accountable, impartial and inclusive institutions; and considering social, educational and other relevantmeasures, including fostering a culture of lawfulness while respecting cultural identities, in line with the Doha Declarationʼ.
(This would require two of the new and longer 280-character ʻtweetsʼ.) (Full disclosure: the comment regarding the ʻtweetʼ wasmade by the present author, as the representative of Finland, during the informal negotiations in Vienna on the draft resolution
on the 2020 Congress.)
29
The background to, and evolution of, this debate is described in Civil Society Engagement in the Implementation of the United
Nations Convention against Corruption. Conference Room paper submitted by the delegation of Finland, CAC/COSP/2015/
CRP.3.
30
The view is often associated with requests that governments operate in a more transparent manner, so that the public isprovided with greater access to information for example on how decisions on public matters were made, and on what grounds.
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crime prevention and criminal justice,“A number of speakers noted that the engagement of civil society organizations should take place
within the appropriate regulatory framework, in line with national legislation and in coordination with
relevant oversight bodies, for example crime prevention councils, while also ensuring thatorganizations had the skills and knowledge for their functions. One speaker noted that any civil society
activities should be framed and moderated by Governments, that non-local non-governmentalorganizations (NGOs) could propagate ideas or value systems that were foreign to some countries, andthat those NGOs should respect the economic, cultural, social and religious values of societies. Somespeakers referred to the need to build trust and transparency in that regard.”31
As expressed by one speaker at the Thirteenth United Nations Crime Congress workshop, the role of civilsociety is important if the groups are local and are based in the country, and if this role occurs in a certain
context. Such groups understand the culture, they are subject to regulation and they are moderated by thegovernment. The speaker observed that the groups should be transparent, and should respect the social andcultural values of the country in question; in the view of the speaker, this is of particular importance indeveloping countries.
It should be emphasized that this second view does not question the potential utility of the work of nongovernmental organizations. The focus is on ensuring that NGOs function in accordance with the law ‒ as thelaw is defined by the member state in question.

V. CONCLUDING REFLECTIONS
The concept of the rule of law has become part of ʻagreed languageʼ at the United Nations. The
importance of the concept has increased incrementally since the beginning of the 1990s, and is much evident
in the UN work on human rights, technical assistance, peacekeeping, and crime and justice.
The increased references to the rule of law, however, should not be understood to mean that the phrase isalways understood in the same way, and should be promoted in the same way. A disagreement has arisenover whether the rule of law should be regarded from the national or the international perspective, as binding
on governments in respect of their citizens, or as binding on states in their relations with one another and theinternational community at large.
Current practice is to paper over this disagreement by referring to ʻpromotion of the rule of law at thenational and the international levelsʼ, thus allowing both sides to say that their view has been respected(usually a sign of a successful compromise). It should also be noted that this disagreement has not significantly
affected the day-to-day work that United Nations staff are carrying out on the ground in the context of humanrights, peacekeeping and technical assistance missions, since these are based on mandates of the Security
Council, the General Assembly and ECOSOC, and are generally at the request of the countries in question.
Within the UN Crime Programme, however, the disagreement has carried over into a debate on therelation between the rule of law and a ʻculture of lawfulnessʼ, and specifically on the extent to which civilsociety (and non-governmental organizations) should be encouraged to take part. Does the rule of law entailthat views that are critical of the government in power should nonetheless be tolerated, as an expression of
freedom of speech? Should local communities be allowed greater input into determining what their priorities
are in the prevention and control (and perhaps even in the definition) of crime?
The debate in the United Nations on the rule of law shall apparently continue for years to come.

Report on Workshop 4 of the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice, Doha, 12-19
April 2015. A/CONF.222/L.4/Add.1, para. 15.
3148

WHAT IS THE ROLE OF THE PUBLIC IN CRIME PREVENTION AND
CRIMINAL JUSTICE? THE DEBATE IN THE UNITED NATIONS
Matti Joutsen＊

I. SCOPE OF THE PAPER
Those who work in the criminal justice system, and those who have studied it, take it for granted that the
public has a key role in crime prevention and criminal justice. It is the public (the broader community) that is
the source of the values, morality and priorities that form the basis for the criminal law and the criminal
justice system. It is members of the public (the victims themselves, or witnesses and other third parties) who
provide most of the initial reports of suspected offences, and it is the victims and the witnesses who canprovide critical information regarding the identity and guilt of the suspect that can be used in criminal
procedure. It is from the public that the criminal justice system receives the outreach and manpower
necessary to supplement the official criminal justice system through voluntary and, depending on the system,semi-official programmes, such as victim support organizations, mediation projects, community policing
projects and volunteer probation officer projects.
Criminological research has demonstrated the central importance of informal social control in preventing
crime, in restraining individuals from embarking on a criminal career or from committing crime on impulse,and in supporting offenders in desisting from crime and becoming reintegrated into society. There has also
been a rich tradition of research on the relations between the public and the criminal justice system, as shownfor example by the extensive research that has been carried out on public confidence in the police, and public
attitudes towards punishment.
For these reasons, practitioners and researchers alike know that the formal criminal justice system on its
own cannot “protect” the public from crime. They know that the operation of the criminal justice systemdepends on the public, and on the relationship between the public and the criminal justice agencies.
In this light, it may seem peculiar that a debate is underway in the United Nations that seems to challengethese self-evident assumptions of the role of the public. The idea of “cooperation with non-governmentalorganizations” a phrase long used in United Nations dialogue, has been challenged, and even seem to bedisappearing from resolutions and other texts that are drafted on the basis of consensus.
Debates in the United Nations often revolve around the choice of words, and in the meeting rooms where
UN decisions are crafted, these words may take on meanings that are not immediately apparent to persons
who are not familiar with how the UN works. In this paper, I trace how the idea of partnership between
government authorities and the general public in crime prevention and criminal justice has evolved in the
United Nations, what factors have contributed to this evolution, and what implications this has for the work of
the United Nations crime prevention and criminal justice programme.
I have personally been quite active in this debate, and it is for this reason that I welcomed UNAFEIʼsinvitation to address the topic. I shall do so in three steps. The first step is largely historical: a brief review ofthe development of the role of non-governmental organizations (NGOs) in the United Nations in general, andin the UN Crime Programme in particular. The second step is largely philosophical: a description of a key
shift in how some governments have approached the prevention and control of crime.
My third step is semantic. I shall look at how shifts in the attitude within the UN towards NGOs, and shifts
in how governments have approached the prevention and control of crime, have affected the language of the＊Special Advisor, Thailand Institute of Justice.

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United Nations, and I raise the question of whether this means a change in United Nations policy towards
public participation.
In my view, the historical and the philosophical analyses are both necessary if we are to understand whysome national delegations are concerned about references to non-governmental organizations, and even to
public participation in crime prevention and criminal justice. By understanding these concerns, it should beeasier to find common ground ‒ whether in formulating a Congress Declaration in 2020, or in deciding what
we, as the United Nations, can do to promote a better criminal justice system.
A few words about terminology. When dealing with the role of the public in crime prevention and criminal
justice in the context of the United Nations crime prevention and criminal justice programme, one possible
source of confusion is the concepts being used.
The term “non-governmental organization” has a specific legal meaning in the UN. It is an entity that has
a recognized legal structure and purpose, and its representatives can act on its behalf (locally, nationally andinternationally). Non-governmental organizations can apply for consultative status with the Economic andSocial Council, and a large number have done so.
The term “civil society” is used within the UN with greater inconsistency than the term “nongovernmental organization”. Most dictionaries define civil society as the aggregate of groups or organizations
that work alongside government and the private sector to promote shared interests. Thus, civil society
consists not only of non-governmental organizations but also of various other more or less organizedstructures. However, quite often in UN texts the term “civil society” appears to be used as a synonym for “thecommunity” or “the public”.
The term “the community”, in turn, seems to be used in UN texts as a general concept to refer to the
public at large, to persons who are not (necessarily) acting in an organized manner.
Finally, the term “the public” is used to refer to the mass of people in society in their role as citizens, andthus as a counterpoint for example to persons acting in the capacity of civil servants or as representatives ofother stakeholders (such as the private sector).
While these distinctions may help in bringing conceptual clarity, the drafters of the UN texts have been
anything but consistent, a subject that I shall return to later on.

II. THE EVOLUTION OF THE ROLE OF NGOS IN THE UNITED NATIONS
Even though the United Nations is an intergovernmental organization (an organization that is constituted
by national governments), it has since its establishment recognized the importance of partnership with civilsociety. When the UN was founded in 1945, non-governmental organizations succeeded in lobbying for aprovision in the Charter that grants NGOs consultative status with the Economic and Social Council.1 Article
71 of the UN Charter states:
The Economic and Social Council may make suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its competence. Sucharrangements may be made with international organizations and, where appropriate, with nationalorganizations after consultation with the Member of the United Nations concerned.
Article 71 makes a distinction between international NGOs and national NGOs. An “international nongovernmental organization” is an organisation that functions in more than one country, but is not founded on
an international treaty.2 A “national NGO” is one that is based in one country. A national NGO can be granted
consultative status only if it is not a member of an international NGO, or it has “special experience” to offer to
ECOSOC. As required by the wording of Article 71, furthermore, the views of the host member state of anational NGO are to be obtained when deciding whether or not to grant a national NGO consultative status.

1

See Willets (2000), p. 191.

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168TH INTERNATIONAL SENIOR SEMINAR
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granted consultative status.3 Since the mid-1990s, however, national NGOs have been encouraged to apply for
consultative status.4
According to the ordinary meaning of the word, when you “consult” with someone on a matter, you
discuss this matter with that person or organization in order to obtain their advice or opinion. It would
therefore seem to be enough to fulfil the requirements of Article 71 to simply send a letter to an organizationthat has consultative status with ECOSOC, asking it to submit its opinion in writing, which could then be
distributed to the governments attending ECOSOC sessions. However, from the very first days of the work of
the United Nations, the distinction between arrangements for consultation, and participation without vote in
the deliberations of ECOSOC “has been blurred in practice: NGOs have obtained some participation rightsthat go beyond consultation, whereas governments have usually prevented NGOS from gaining the samerights as observers”.5
The visible participation of NGOs in ECOSOC has of course been noted by governments, and has been asource of criticism by individual governments. Which NGOs participate, and how they participate, have beena long-standing subject for debate. Willets provides a historical record of the political tensions involved inaccrediting NGOs, as well of the evolution of the NGOs right of participation. He notes, for example, how theCold War led the two blocs to putting forward their own proxies for consultative status with ECOSOC, andseeking to prevent proxy NGOs put forward by the other side from gaining such status. He also notes how
votes were forced on whether or not to grant consultative status to some human rights groups and Jewish
and Catholic groups on the grounds that they were “politically motivated”, and that the initial practice ofallowing NGOs to submit items for the agenda of sessions of ECOSOC was soon discontinued.6
Willets also notes that although the Charter does not grant NGOs a similar consultative status with other
UN bodies, NGOs “have encroached substantially on the General Assembly; and they are starting to appear
on the fringes of the Security Council”; the earliest signs of this were during the early 1960s in the Special
Committee on Decolonization, the Special Committee Against Apartheid, and the Committee on Palestinian
Rights.7 In view of the issues that were debated at these Special Committees, it is understandable that also
entities other than recognized governments had a political interest in being heard.
The UNODC, on its website, provides more examples of NGO involvement in UN bodies other than
ECOSOC:The UN General Assembly has on many occasions invited NGOs to participate in the work of its
committees and some NGO leaders have been invited to address plenary sessions. NGOs have been
active in the First Committee on disarmament issues, in the Third Committee on human rights
matters, and in the GA High Level Dialogue on Financing for Development (FfD) for the follow-up to
the Monterrey Conference. NGOs are also very active in a number of commissions, including theCommission on Sustainable Development, the Commission on Social Development, and theCommission on the Status of Women. The constructive and vital NGO role in the creation and support
for the International Criminal Court is evident to all.8
Beyond the General Assembly, the Security Council and ECOSOC, much work of the United Nations isconducted for example in conferences. Also here, Willets has traced a long-term strengthening of the role ofNGOs. In his view, NGO participation at conferences and, more importantly, in decision-making at
See ECOSOC resolution 288 (X) of 27 February 1950. Jolanta Redo (2012) estimates that there are some 3,500 international
IGOs working with the United Nations; Redo (2012b), p. 125.
If an international NGO is based on an international treaty, then it would be referred to as an ʻintergovernmental organizationʼ.
Examples are the United Nations itself, the World Trade Organization, the Association of Southeast Asian Nations, and theWorld Bank.
3
Willets (1996), p. 2.
4
Willets (2000), p. 192.
5
Ibid, pp. 191-192.
6
Willets (1996), pp. 5-10.
7Ibid, pp. 196-199.
8
https://www.unodc.org/unodc/en/ngos/DCN0-NGOs-and-civil-society.html
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conferences has increased in that “[a]ccess to decisionmaking has changed from a limited role in the main
plenary bodies to significant influence in the committees, to NGO representatives quite often taking part in
the small working groups where the more difficult questions are thrashed out. In some fields, such as humanrights, population planning, and sustainable development, NGOs have changed from being peripheral advisersof secondary status in the diplomatic system to being high-status participants at the center of policymaking”.9(Subsequent to the appearance of Willetsʼ article, the number of special conferences organized by the United
Nations has decreased, to be replaced at least in part by special sessions of the General Assembly. At theGeneral Assembly, NGOs have a considerably lower profile than they do at UN conferences.)
Examining the status of NGOs overall, Willets, writing in 2000, came to the conclusion that, following
Article 71 of the UN Charter and three major reviews, NGO participation in ECOSOC has become part ofcustomary international law.10
When the UN was formed, it was an established norm that the subjects of international law werestates. In diplomatic practice and in academic analysis, it used to be taken for granted thatinternational relations consisted solely of the relations between states. Now such a position cannot beargued. ... the only accurate way to describe what has happened is to recognize that [international]
NGOs have become a third category of subjects in international law, alongside of states andintergovernmental organizations.11
NGO participation thus appears to have become part of customary international law. Willets also stresses
that the influence of NGO arises from three factors: NGO access to documents, NGO access to the buildings inwhich sessions are held (thus giving them access to the delegates when these are not in closed meetings), andthe legitimacy that consultative status gives NGOS.12
Willets was writing in the year 2000, soon after a review of the consultative status of NGOs at ECOSOC.
Resolution 1296 of 1968 was replaced by resolution 1996/31 adopted in 1996, which, among other things, madeit easier for national NGOs to become accredited. The UN Non-Governmental Liaison Service is of the view
that
UN-NGOs relationships changed profoundly in the 1990ʼs, both quantitatively and qualitatively. The
involvement of NGOs in the UN-organized world conferences, in particular, marked a turning point.
Tony Hill talks about a “second generation” of UN-NGOs relations. This generation “is marked by themuch larger scale of the NGO presence across the UN system, the more diverse institutional characterof the organizations involved, now including national, regional and international NGOs, networks,
coalitions and alliances, and the greater diversity of the issues that NGOs seek to address at the UN.
Above all, the second generation of UN-NGOs relations are essentially political and reflect the
motivation of NGOs to engage with the UN as part of the institutional architecture of global
governance”.13
The need to strengthen cooperation between the United Nations and NGOs has been underlined invarious documents since the beginning of this century, in particular in the Millennium Declaration of
September 2000, but also in the 2005 World Summit Outcome Document (para 172-174).
In 2004, Secretary-General Kofi Annan set up a panel of experts which was asked to formulate
recommendations to strengthen UN ̶ civil society interactions. This resulted in the “Cardoso Report”(A/58/817). Following the “Cardoso Report”, the Secretary-General issued a set of proposals to bring greater
Willets (2000), pp. 193-194. He cites as examples the Earth Summit in Rio de Janeiro (1992), the World Social Summit in
Copenhagen (1995), and the Beijing Conference on Women (1995). NGOs accredited to these conferences could take part in thework of the respective commissions. At Habitat II in Istanbul (1996), NGOs constituted Committee II, an integral part of theofficial proceedings.
10
Willets (2000), p. 205.
11
Ibid. Willets is more cautious about the status of national NGOs in the work of ECOSOC, since up to the mid-1990s relatively
few national NGOs participated.
12
Willets (1996), p. 10.
13
UN ‒ Non-Governmental Liaison Service website, available at https://www.un-ngls.org/index.php/11-engage-with-the-un
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coherence and consistency to UN-NGO relations. Those include simplifying the accreditation process,increasing financial support for the participation of southern NGOs, improving country-level engagement of
UN representatives with NGOs and opening further the General Assembly to NGOs. Since the Cardoso
Report, some concrete developments have taken place. For example, the General Assembly has started tohold informal hearings. A Trust Fund has also been established to support UN country teams work with civilsociety.

III. THE EVOLUTION OF THE ROLE OF NGOS IN THE UN CRIME PROGRAMMEIn the UN Crime Programme, NGO involvement can be traced back to the very first years of the United
Nations.14 The UN Crime Commission operates, and its forerunner the UN Crime Committee operated, under
ECOSOC rules of procedure.15 Consequently, NGOs have participated in, and have been very active in, thevarious sessions of the UN Crime Committee and the UN Crime Commission.
Indeed, during the first years of the UN Crime Programme, it is difficult to discern where the borderline
should be drawn between UN activity and NGO activity. This was due to the fact that the UN Committee(which was replaced by the government-dominated UN Crime Commission in 1992) consisted of a small groupof experts appointed by the UN Secretary-General in their personal capacity. The advisory group of experts
appointed in 1948 consisted of six persons, of whom one (Stanford Bates, of the United States) was the
President and a second (Thorsten Sellin, also of the United States) the soon-to-be elected Secretary-General,
respectively, of the International Penal and Penitentiary Commission (IPPC).16 This dominance of IPPC
figures was largely due to the transfer being prepared of the IPPC international conferences to become theresponsibility of the United Nations, in the form of the quinquennial UN Crime Congress, yet another directconnection between NGOs and UN activity.
A review of the experts appointed as UN Crime Committee members up to the end of its run in 1992
shows that academic experts continued to be well represented, and generally these academic experts werealso leading members of international NGOs active in crime prevention and criminal justice.
Four international NGOs in particular should be mentioned in this connection. The International Penal and
Penitentiary Foundation, the International Association of Penal Law, the International Society of Criminology
and the International Society for Social Defence (known collectively within the UN Crime Programme as the“Big Four”) are international NGOs that bring together academics and practitioners with a particular interestin crime prevention and criminal justice.17 Although the four have somewhat different profiles of membershipand orientation, for many years there was very close networking especially among the members of the boardof directors of these four organizations, the membership of the UN Crime Committee (and to a lesser degree
the UN Crime Commission) and the UN Secretariat. For a period roughly from the late 1970s to the end of the
1980s, there was even an effort to align the main themes of the international conferences of the respective“Big Four” with the theme of the UN Crime Congresses, and to avoid conflicts in the scheduling of thesemajor events. Furthermore, from 1963 to the mid-1990s, the “Big Four” held joint conferences that specificallyfocused on one of the main topics of the following UN Crime Congress.18
In addition to the “Big Four”, of course, there are many NGOs that are involved in crime prevention andcriminal justice. The International Scientific and Professional Advisory Council (ISPAC) was established in1968 to serve as a structure for networking among these NGOs, as well as academic institutions interested in
the work of the UN Crime Programme.19 For many years, ISPAC hosted annual coordination meetings of theSee for example Clark (1994), p. 92 and passim. Linke (1983) provides an overview of NGO involvement in the UN Crime
Programme after the responsible Secretariat unit was transferred from New York to Vienna in 1976.
15
Rules of Procedure of the Functional Commissions of the Economic and Social Council, available at http: //www. ohchr.
org/Documents/HRBodies/CHR/RoP.pdf
Rule 75 provides for the right of NGOs to designate representatives to attend, as observers, public meetings of the commission
and its subsidiary organs. Rule 76 provides for consultation with NGOs, including the right to be heard by the Commission.
16
Clifford (1979).
17
The volume edited by Bassiouni (1995) contains chapters dealing with the activities of each of these four NGOs and theircontribution to the UN Crime Programme.
18
Rostad (1985), pp. 87-88.
19
Clark (1994), pp. 92-94.
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UN Crime Programme Network of Institutes.
More broadly, alliances of NGOs with consultative and associated status have been established in both
New York (1972) and Vienna (1983).20
The role of NGOs has been particularly strong at the UN Crime Congresses, from the first such Congress
held in 1955. As already noted, these Congresses continue a tradition established by the International Penaland Penitentiary Commission almost 150 years ago. Not only NGOs but (in distinction from the tradition ofmost other UN conferences) even individual experts may take part in the UN Crime Congresses.21
Furthermore, up to the Fifth United Nations Congress in 1975, non-governmental organizations (and experts
attending in a personal capacity) had the right to vote at UN Crime Congresses “for consultative purposes”.22
An expanding part of the UN Congresses, in addition, has been the so-called ancillary meetings, which are
generally organized by NGOs.23
The role of NGOs is also quite discernible in the drafting of the UN standards and norms on crime
prevention and criminal justice, beginning with the first, the Standard Minimum Rules on the Treatment of
Prisoners (SMRs), adopted in 1955. The SMRs had, indeed, been drafted under the auspices of the IPPC.24
Especially during the time of the UN Crime Committee, other standards and norms were generally draftedby outside experts, who often worked together with various NGOs and academic institutions that were active
in respect of the subject matter of the draft.
Thus, the conclusion can be drawn that within the UN Crime Programme, there has traditionally beenless of the political tensions over NGO participation that Willets has found in ECOSOC, the General Assembly
and the Security Council.
The stress in the previous paragraph, however, should be on the word “traditionally”. The attitude thatsome national delegations have taken towards NGO participation in the work of the UN Crime Programme
has changed significantly over the past few years.
The first signs of tension arose in connection with the restructuring of the UN Crime Programme, and inparticular the replacement of the UN Crime Committee (consisting of experts serving in their personal
capacity) with the UN Crime Commission (consisting of 40 Member States elected by ECOSOC). Among thearguments put forward for the transfer to a government-dominated UN Crime Programme was that theexpert-driven UN Crime Committee had engaged in excessive drafting of soft-law (standards and norms,
generally with NGO support), and the national governments had not had sufficient input.25
There was also a debate during the first sessions of the UN Crime Commission as to whether or not torecognize the body of standards and norms that had been produced under the UN Crime Committee, orwhether these could be treated with “benign neglect”, largely on the grounds that they had not been draftedwith sufficient input from national governments. In the event, the Commission submitted to ECOSOC a draft
resolution on the standards and norms that reaffirmed the important contribution that the use andapplication of this soft law make to criminal justice systems.26
Redo (2012b), p. 126.
Redo (2012a), p. 113 and Lopez-Rey (1983), pp. 112-114. Lopez-Rey, who was a key figure in the development of the UN Crime
Programme, emphasizes in particular that one of the main features of the discussions in the UN in the preparation of the first
UN Crime Congress in 1955 was ʻto bring in as much as possible the cooperation of international agencies and nongovernmental organizationsʼ (ibid., at p. 114). At p. 115, Lopez-Rey notes that already this first UN Crime Congress was attended
by 43 NGOs and 230 individual professionals. These two groups accounted for over half of the total attendance.
The rules of procedure for the most recent UN Crime Congress, in 2015, are available at https://www.unodc.org/documents/
congress//Documentation/A-CONF.222-2-Rules_of_Procedure/ACONF222_2_e_V1500298.pdf
Rule 58 deals with observers from NGOs, and Rule 59 deals with individual experts and consultants.
22
Redo (2012a), p. 112.
23
Clark (1994), pp. 78-79.
24
Rostad (1985), p. 85.
25
See for example Clark (1004), pp. 42-45 and 129-132.
26
Draft resolution 1994/18. The author was a member of the delegation of Finland, and participated in this heated debate.
20
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After that initial debate on the status of the standards and norms, many years passed without any
perceptible tensions regarding NGO participation in the UN Crime Programme.
This situation changed significantly as a result of a disagreement that arose over the mechanism for thereview of the implementation of the United Nations Convention against Corruption (UNCAC). The
disagreement was originally over the participation of NGOs as observers in the Implementation Review
Group and in other UNCAC subsidiary bodies set up by the Conference of the States Parties to UNCAC. The
disagreement arose because the UNCAC review mechanism, for the first time with a UN treaty, incorporated
peer review, in which experts from two countries assess the implementation of the treaty in the country
under review. To some government representatives, this appeared to have elements of intervention in thedomestic affairs of a sovereign state, something which is prohibited by article 2.4 of the UN Charter.
The issue of corruption in itself is sensitive, and is often used in internal political campaigns, quite
commonly with those not in power claiming that those in power are corrupt and should be voted out of office.
In addition, many Governments were concerned that reports of corruption in their country may have anegative impact for example on investment. Several international (and national) NGOs are active in anticorruption. As part of their public advocacy for anti-corruption reforms, they often report on studies andindividual cases of corruption. The annual “corruption perception index” reports put out by Transparency
International have, in particular, been a source of criticism.27
The debate was a quite heated one, and continues to this day.28 It has so far produced a tenuouscompromise, on the basis of which NGOs may not participate in the meetings of the Implementation Review
Group (IRG) or of the other working groups set up by the Conference of States Parties. A “briefing” isorganized for the NGOs in connection with the annual meetings of the IRG. The Conference of States Parties
has called for a continuous dialogue on this issue. At numerous UNCAC meetings, some States Parties
supporting a more visible role for NGOs in the mechanism have returned to this issue and the need for acontinuous dialogue (whether or not the issue is featured on the agenda of the meeting), while those opposing
a more visible role for NGOs have responded by referring to the decisions already taken at sessions of theConference of the States Parties in Doha in 2009 and in Marrakesh in 2011, which in their view decisively shut
NGOs out of the mechanism on the international level.
On the national level, on the other hand, the vast majority of States Parties to UNCAC appear to be
seeking to involve NGOs in the review of implementation of UNCAC, and in general in the strengthening ofanti-corruption on the national and local level.29
From the debate over the review mechanism for UNCAC, this disagreement over NGO involvement on
the international level has spread to other issues and can be seen in different ways. Negotiations on the
adoption of a review mechanism for the United Nations Convention against Transnational Organized Crime(UNTOC) have also struggled with the extent to which such a review mechanism would involve NGOs. Moregenerally, some States have raised concerns about the activities of at least some non-governmentalorganizations on the local or national level in crime prevention and criminal justice, quite apart from theimplementation of UNCAC (or UNTOC).
Governments critical of NGOs have, among other points of criticism, questioned the appropriateness or
qualifications of NGOs on the international level, including their perceived “relevance”, representativeness,
professionalism and accountability.30 Some governments have also expressed concerns that in particular
NGOs funded from abroad may be promoting a “political agenda” that is contrary to the dominant values of
https://www.transparency.org/research/cpi/overview
An extensive analysis of this disagreement, and a proposal for resolving it, is presented in CAC/COSP/2015/CRP.3 (2015),
Civil Society Engagement in the Implementation of the United Nations Convention against Corruption, prepared by the present
author.
29
In this respect, there has been a marked shift, with the overwhelming majority of countries under review arranging for ʻonsiteʼ visits, during which the representatives of the reviewing countries can consult with a broad range of national stakeholders,
civil society representatives included.
30
These statements are not reflected in the official reports of the respective sessions of the IRG, but have been recorded in thenotes made by the author of this paper, who has attended all of the relevant sessions of the IRG, including the briefings.
27
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the country, or that are openly hostile to the Government in power.31 In this respect, there are clear
differences between political systems, and between public officials, in attitudes towards the role of NGOs as
advocates and as political actors. For some, such political activity is part and parcel of the freedom of
association and the freedom of speech, guaranteed by international human rights standards. Others, however,are of the view that some, if not many, NGOs act on the basis of insufficient information and use improper
channels.
Overall, therefore, diverging views have been expressed within the framework of the United Nations
crime prevention and criminal justice programme on the value of non-governmental activity on the local andnational level. According to one view, such non-governmental activity should be encouraged as widely as
possible. According to a second view, such non-governmental activity should be supervised in order to ensurethat the NGOs in question do not have malevolent intentions, or serve as a channel for importing foreign (andundesirable) social and cultural values.
The first view could be described as a bottom-up, community-based approach. Local communities have awide range of concerns, and crime is one such concern. In both a literal and a figurative sense, themobilization of the public extends the reach of the criminal justice apparatus, in a way that not only enhances
the effectiveness of criminal justice, but also fosters the trust of the public in the operation of the criminal
justice system. One manifestation of this approach is community policing, which is based on the view that thepolice and the public are jointly responsible for responding to crime and improving the quality of life on thecommunity level. Community policing programmes generally seek to encourage public initiative, recognizingthat while the goals of individual civil society groups need not necessarily be in full alignment with police
goals, the work of these groups supplements the work of the police.
The second view could be described as a top-down approach, which seeks to ensure that civil society
activity is in compliance with national law. The concerns expressed, as noted, at times refer to the potentialthat non-governmental organizations may have as channels for bringing unwanted foreign social and culturalvalues into a country. As noted in the report on the 2015 United Nations Crime Congress, in the course of theworkshop on public participation in crime prevention and criminal justice,
A number of speakers noted that the engagement of civil society organizations should take place
within the appropriate regulatory framework, in line with national legislation and in coordination with
relevant oversight bodies, for example crime prevention councils, while also ensuring thatorganizations had the skills and knowledge for their functions. One speaker noted that any civil society
activities should be framed and moderated by Governments, that non-local non-governmentalorganizations (NGOs) could propagate ideas or value systems that were foreign to some countries, andthat those NGOs should respect the economic, cultural, social and religious values of societies. Somespeakers referred to the need to build trust and transparency in that regard.32
As expressed by one speaker at the UN Crime Congress in 2015, the role of civil society is important if thegroups are local and are based in the country, and if this role occurs in a certain context. Such groups
understand the culture, are subject to regulation and are moderated by the government. The speakerobserved that the groups should be transparent, and should respect the social and cultural values of thecountry in question; in the view of the speaker, this is of particular importance in developing countries.
It should be emphasized that this second view does not question the potential utility of the work of civilsociety groups. The focus is on ensuring that such groups function in accordance with law ‒ and by extensionthat they should be under the control of the government.
The key difference between the two views presumably has much to do with the degree of control,
intended to ensure the lawfulness of the activity of civil society groups. To what extent, for example, canmembers of the public exercise their right of association and freedom of speech? To what extent are theySee for example para. 15 of the Report on Workshop 4 of the Thirteenth United Nations Congress on Crime Prevention andCriminal Justice, Doha, 12-19 April 2015 (A/CONF.222/L.4/Add.1).
32
Report on Workshop 4 of the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice, Doha, 12-19
April 2015 (A/CONF.222/L.4/Add.1), para. 15.
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required to file for approval of activities such as “Neighbourhood Watch” or restorative justice projects? To
what extent can such civil society groups (or in general, members of the public) obtain information on the
conduct of the police, on corporate activity and on public procurement contracts, in order to detect possible
crime and corruption?
On this point, the common ground will presumably revolve around the right of civil society groups to act
in a lawful manner to assist the authorities in crime prevention and criminal justice, and around the right ofsovereign States to determine what laws and regulations apply to such groups. Given the wide differences
between States in legal and administrative systems, as well as in economic, political and social development,
there cannot be a “one-size-fits-all” model. Noting the principle of non-intervention in domestic affairs, it
should be clear that for example the UN Crime Commission cannot determine the specific extent to which
States may regulate civil society groups, as long as the right of association and the freedom of speech, as
provided in recognized international instruments, are respected.

IV. THE SECURITIZATION OF THE DEBATE ON CRIME PREVENTION AND CRIMINALJUSTICE: FROM CRIME AS A SOCIETAL ISSUE TO CRIME AS A SECURITY ISSUE
The second step in my story has to do with a shift in in how crime is viewed: from a societal issue to asecurity issue. How you view something, the framework that you use in your analysis, will influence what
policy options you look for.
We have always been interested in knowing why people commit crime. Over the centuries, we havebroadly speaking gone from a largely religious understanding of crime (“crime is a sin against God”) to alargely philosophical understanding (“crime shows a lack of honesty or empathy on the part of the criminal”).
At the end of the 1800s and the beginning of the 1900s, a more scientific and empirical approach emerged,in the form of criminology. The first criminologists, such as Cesare Lombroso, took a decidedly biological or
medical approach, and sought to diagnose what genetic failure, disease or mental failure led a person tocommit a crime.
These individual-oriented theories continue to attract considerable theoretical attention and research, but
world-wide in criminology and criminal justice, they have largely been replaced by society-oriented theories.33
Such theories latch on to different elements in an attempt to explain crime: anomie, capitalism, conflict insociety, social disorganisation, differential association, subcultures, self-identification as an offender, and so on.
What is common to all the major criminological theories today is that they see crime as the result of acomplex interaction between an individual and the surrounding society.
While the individual-oriented theories sought to proceed from a diagnosis of a genetic, medical or
psychological disorder to the identification of a suitable treatment and, in time, “cure” of the individual fromhis or her criminal tendencies, the society-oriented theories seek to suggest social (and, at times, political)
solutions to crime: better child-raising, better education, early intervention, better community development,
better social development, improved identification and correction of situations which may motivate a person
to commit a crime, and so on.
Both the individual-oriented and the society-oriented theories have fed into the prevailing approaches
around the world to the treatment of offenders. Over the years, many different correctional treatment
programmes have been developed, and considerable thought has been given to how to improve theeffectiveness of community-based corrections. Practitioners and researchers have been very active locally,nationally and internationally in exchanging information and experiences on what works and what(apparently) does not. They have contributed to the public debate on how to develop a rational, effective andhuman criminal justice system.
The basic outline of the democratic process of policy formulation is that the public elects its

Individual-oriented theories continue to have relevance in helping to explain a predisposition to engage in socially disproved
behaviour, and in suggesting methods of treatment for specific types of offenders.
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representatives to govern, policy proposals are developed in consultation with practitioners and academia,
and the elected representatives engage in a debate on the respective merits of different policy options. This isof particular importance in respect of crime prevention and criminal justice, areas which are imbued by thefundamental values and principles of society, and where the policy choices that are made may involve the useof coercive force by the state against individuals suspected or convicted of blameworthy conduct.
A shift appears to have taken place in this respect nationally and internationally, parallel with the growing
concern with organized crime and terrorism.
A currently fashionable term in social science is “securitization”. Broadly speaking, this refers to a process
in which something (such as social disorder, drug use, an increase in uncontrolled migration) is identified as a“security threat”, which must be countered by extraordinary measures, perhaps even bypassing publicdebate and democratic procedures.34 Researchers have identified signs of securitization in relation to
discussions on such phenomenon as climate change and unemployment. One of the topics in which it isespecially prevalent is crime control and criminal justice.
Within the UN Crime Programme, this securitization process is evident in three respects: the topics being
discussed, the proposals made, and the language used. The process can also be traced quite directly to therestructuring of the UN Crime Programme at the beginning of the 1990s.
The shift from an expert-driven UN Crime Committee to a government-driven UN Crime Commission
resulted in a growing emphasis on (transnational) organized crime and transnational criminal justice(international law enforcement and judicial cooperation, measures which, significantly, are the responsibilityof the state), with a corresponding decrease in the attention devoted to so-called ordinary crime and the dayto-day working of the criminal justice system: various crime prevention approaches, community-based
measures, restorative justice and improvement of the criminal justice system (which to a large extent caninvolve the community). This was accompanied by a shift of work from “soft law” instruments (such as
standards and norms) to “hard law” instruments, in particular the UN Convention on Transnational
Organized Crime and the UN Convention on Corruption.35
The language used includes, unsurprisingly, increasing references to “security”. One of the first signs of
this was in the title of a declaration adopted at the 1995 UN Crime Congress held in Cairo: the “United
Nations Declaration on Crime and Public Security”.36 References to security can also be found in the
declaration adopted at the UN Crime Congress held in 2010, in the form of a recommendation for “stronger
coordination between security and social policies, with a view to addressing some of the root causes of urban
violence” (para 45). This same formulation was repeated in preambular paragraph 16 of General Assembly
resolution A/RES/68/188 on the rule of law, crime prevention and criminal justice in the United Nations
development agenda beyond 2015.
In March 2011, soon after the UN Crime Congress in Salvador, the Secretary-General established a UN
System Task Force on transnational organized crime and drug trafficking “in order to develop an effective
and comprehensive approach to the challenge of transnational organized crime and drug trafficking as
threats to security and stability”. The task force is co-chaired by DPA and UNODC.
Several ECOSOC resolutions during recent years have included references to security. A formulation thatcan be found in such resolutions is that transnational organized crime “represents a threat to health andsafety, security, good governance and the sustainable development of States”.37
Perhaps the most illustrative example of the extent of the shift is ECOSOC resolution 2014/21, whichbears the seemingly “soft” title of “Strengthening social policies as a tool for crime prevention”. However, a
The term is generally associated with what is known as the “Copenhagen School”. See for example Emmers (2003) and Stritzel(2012).
35
Joutsen 2017.
36
GA res 51/60, annex, 1996.
37
See, for example, the first preambular paragraph of ECOSOC 2012/19, which is entitled Strengthening international
cooperation in combating transnational organized crime in all its forms and manifestations.
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reading of the text, and in particular of the preambular paragraphs, shows that the resolution is considerably
more concerned with “security” policies than with “social” policies.
The emphasis on the link between crime and security has not been limited to the UN Crime Commission.
On 19 December 2014, the Security Council adopted Resolution 2195 on terrorism and cross-border crime,
including drug trafficking, as threats to international peace and security.38

V. REFERENCES TO THE ROLE OF THE PUBLIC AT UN CRIME CONGRESSES:
THE CURIOUS CASE OF THE DISAPPEARANCE OF
REFERENCES TO NON-GOVERNMENTAL ORGANIZATIONS
The annex to this paper provides a review of references to public understanding, awareness andcooperation in the UN standards and norms. It notes that these standards and norms contain a great variety
and number of such references, often in respect of the importance of raising public awareness of the issue inquestion, and in calling for better mobilization of community resources and public participation. Also the mostrecent standards and norms, and in particular the 2014 UN Model Strategies and Practical Measures on the
Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice, contain manysuch references.
As for the UN Crime Congresses, the need for cooperation between the authorities and the public in crime
prevention and criminal justice has been recognized from the outset, as shown for example by the discussions
on juvenile delinquency at the first and second UN Crime Congresses in 1955 and 1960, and the discussions onsocial change and crime at the second and third Congress in 1960 and 1965. (Indeed, the theme of cooperation
imbued essentially all of the topics at the third Congress, which had as its overall theme “Prevention of
Criminality”, and as the substantive agenda items “Social change and criminality”, “Social forces and theprevention of criminality, “Community preventive action”, “Measures to combat recidivism, “Probation andother non-institutional measures”, and “Special preventive and treatment measures for young adults”.) Fifty
years ago, at the 1970 UN Crime Congress in Kyoto, the topic was directly addressed under the theme,“Participation of the public in the prevention and control of crime and delinquency”.
Between 1955 and 1995, the UN Crime Congresses produced not only reports, but also a large number ofresolutions. A very general comment would be that both the reports and the resolutions show that theparticipants at the Congresses were aware of the importance of cooperation between the authorities and the
public, urged governments to promote this cooperation, and welcome the input of non-governmentalorganizations and civil society.
Reports, however, essentially reflect the various opinions expressed, and were not subject to extensive
negotiation. Individual resolutions, in turn, generally dealt with very specific issues, such as the substance of a
new standard and norm. The 1995 Crime Congress was the first to produce a more consolidated documentthat sought to express the views of the participating member states on the issues at hand.39 This “omnibus
resolution” focused narrowly on the four themes of the Congress, which dealt, essentially, with (1) technicalassistance in promoting the rule of law, (2) action against transnational and organized crime, and the role ofcriminal law in the protection of the environment, (3) management of the criminal justice system, and (4)crime prevention.
NGOs and public participation did receive several mentions in this omnibus resolution. Para I(15) invited
the Commission to call on, inter alia, all relevant NGOs to continue cooperating with the UN in training. Para
III(7) called on member states to consider the adoption of the community policing approach, and to promote
cooperation with local communities and the private sector in crime prevention. Para 1V(1) invited member
S/RES/2195 (2014), 19 December 2014.
The 1995 Congress was the first to be held after the restructuring of the UN Crime Programme. In the negotiations on the
restructuring, considerable criticism was directed at the large number of resolutions and instruments that emerged from the1990 Congress - a grand total of 45. There was thus a strong push at the 1995 Congress to consolidate as many resolutions as
possible into what the participants began to refer to as an ʻomnibus resolutionʼ.
The push was not fully successful in 1995, as in addition to this one ʻomnibus resolutionʼ there were also several separate
resolutions, although considerably fewer than five years earlier: eight.

38
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states to have due regard to the role of, inter alia, the community in developing effective crime prevention
measures, and para IV(13) urged member states to give attention to public awareness in crime prevention.
Finally, para IV(17) recommended that member states establish where necessary local, regional and national
bodies for crime prevention and criminal justice with the active participation of the community.
The 2000 Crime Congress was the first to adopt a single consolidated document, a Congress Declaration.
This presumably makes it easier to see what issues the member states regard as current priorities, and how
they see the connections between different issues.
Para 13 of the Vienna Congress Declaration states:
We emphasize that effective action for crime prevention and criminal justice requires the involvement,as partners and actors, of Governments, national, regional, interregional and international institutions,intergovernmental and non-governmental organizations and various segments of civil society,including the mass media and the private sector, as well as the recognition of their respective roles andcontributions.
Two years after the 2000 Crime Congress, the Crime Commission formulated a Plan of Action for the
Implementation of the Vienna Declaration. This contains a large number of references to cooperation
between member states, intergovernmental and non-governmental organizations,40 and to the importance of
the authorities working together with civil society.41
At the next UN Crime Congress in 2005, the Bangkok Congress Declaration contained the following two
paragraphs related to NGOs and civil society:para 9: We recognize the role of individuals and groups outside the public sector, such as civil society,non-governmental organizations and community-based organizations, in contributing to the preventionof and the fight against crime and terrorism. We encourage the adoption of measures to strengthen
this role within the rule of law.
para 34: We stress the need to consider measures to prevent the expansion of urban crime, including
by improving international cooperation and capacity-building for law enforcement and the judiciary inthat area and by promoting the involvement of local authorities and civil society.
The references to NGOs and civil society in the 2000 and 2005 Crime Declarations were thus quite concise
and relatively clear: member states were agreed that non-governmental actors had an important role to playin crime prevention and criminal justice. In view of the subsequent and increasingly heated discussion within
the UN Crime Programme on the role of NGOs and civil society, it is relevant to note that the Bangkok
Declaration specified that the role of “individuals and groups outside the public sector” should be “within therule of law”. The insertion of the phrase suggests that at least some delegations wanted assurance that
actions taken by individuals and groups outside of the public sector to prevent and fight against crime andterrorism were not in themselves unlawful, for example that they did not involve vigilante justice.
A comparison of the 2000 and 2005 Declarations with the Salvador Congress Declaration of 2010 showssome clear shifts in language. The key paragraph on this topic in the Salvador Declaration is para 33:
We recognize that the development and adoption of crime prevention policies and their monitoringand evaluation are the responsibility of States. We believe that such efforts should be based on aparticipatory, collaborative and integrated approach that includes all relevant stakeholders, including
those from civil society.
All three Congress Declarations (2000, 2005 and 2010) thus see crime prevention and criminal justice as acollaborative activity that also involves civil society. However, the member states at the 2010 Congress
wanted to stress that crime prevention and criminal justice ‒ and even its monitoring and evaluation ‒ is the40
41

See paras 4(a), 11(d), 14(d), 26(f), 27(c) and 47(h).
See paras 7(b), 11(d), 14(d), 24, 26(b), 26(f), 27(b), 27(c), 38(f) and 47(h).

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responsibility of governments, not of non-state entities, such as non-governmental organizations. This does
raise some questions. Arguably also non-state actors (certainly, for example, academia and research
institutes) should be free to monitor and evaluate crime and criminal justice in a country. What presumably ismeant here is that it is ultimately the state which has the responsibility to draw conclusions from monitoringand evaluation (done in a participatory, collaborative and integrated approach that includes all relevant
stakeholders), and amend and develop governmental, formal crime prevention policies accordingly.
The Salvador Congress Declaration also contained four other paragraphs with references to civil society
and non-governmental organizations. Para 31 called upon civil society, including the media, to support efforts
to protect youth from violent content in the media. Para 36 deals with cooperation with civil society andNGOs in following a victim-centred approach to the victims of trafficking in persons, and para 37 recommends
that member states, inter alia, undertake awareness-raising campaigns, in cooperation with civil society andnon-governmental organizations, on the topic of the smuggling of migrants.
Para 43 of the Salvador Declaration notes that member states “endeavour to take measures to promotewider education and awareness of the United Nations standards and norms in crime prevention and criminal
justice to ensure a culture of respect for the rule of law. In this regard, we recognize the role of civil society
and the media in cooperating with States in these efforts.”
Reference could also be made to para 34 of the Salvador Declaration, the paragraph that immediately
follows the key paragraph on states having the ultimate responsibility in crime prevention policy formulation.
This brings in, for the first time in a UN Crime Congress Declaration, the issue of cooperation between thestate and the private sector. Para 34 recognizes “the importance of strengthening public-private partnerships
in preventing and countering crime in all its forms and manifestations.”
The most recent UN Congress, in Doha in 2015, elevated the issue of public participation into the (lengthy)
overall theme: “Integrating crime prevention and criminal justice into the wider United Nations agenda toaddress social and economic challenges and to promote the rule of law at the national and international levels,and public participation”. Comparing the Doha Declaration to the previous Congress Declarations, a numberof points can be made regarding references to non-governmental organizations and civil society.
First, the introductory paragraph 1, which acknowledges the 60-year legacy of the UN Congresses, refers
to them as “one of the largest and most diverse international forums for the exchange of views andexperiences in research, law and policy and programme development between States, intergovernmentalorganizations and individual experts”. Proposals by several delegations to insert the usual reference to nongovernmental organizations in this connection were rejected by a few delegations, and thus did not meetconsensus.42
Second, the Doha Declaration contains a large number of references to public participation and civilsociety, more than in the previous three Congress Declarations combined. These are to be found in thecontext of three lengthy paragraphs, 5 (which deals largely with crime prevention and criminal justice policy),
10 (which focuses on public participation) and 11 (which deals with technical assistance). However, one term isconspicuous in its absence: there is not a single reference anywhere in the text of non-governmentalorganizations. Again, several efforts were made to bring back this standard UN language, but again, a few
delegations were able to block consensus.
In para 5, the member states “reaffirm our commitment and strong political will in support of effective,
fair, humane and accountable criminal justice systems and the institutions comprising them, and encourage
the effective participation and inclusion of all sectors of society”. Among its many subparagraphs, subpara (i)notes that the member states shall endeavour to “enhance equality for all persons before the law, including
gender equality, for individuals belonging to minority groups and for indigenous people, through, inter alia, acomprehensive approach with other sectors of government, relevant members of civil society and the media.”
Subpara (m) notes the intention of the member states “to work, as necessary, with regional, international andThis issue was not raised in the negotiation of the Salvador Declaration. However, it may be noted that the second preambularparagraph of the Bangkok Declaration refers to the Congresses as constituting ʻa major intergovernmental forumʼ, thus
ignoring the traditional strong participation of non-governmental organizations at these Congresses.
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civil society organizations to overcome the obstacles that may impede the delivery of social and legal
assistance to victims of trafficking. Subpara (q), which deals with hate crime, notes that the member statesshall consider providing specialized training to criminal justice professionals on responding to hate crimes, tohelp engage effectively with victim communities and to build public confidence and cooperation with criminal
justice agencies”.
As noted, para 10 deals exclusively with the development and implementation of consultative andparticipatory processes in crime prevention and criminal justice in order to engage all members of society.
The point is made once again that it is the state that is in charge: the member states “recognize our leadingrole and responsibility at all levels in developing and implementing crime prevention strategies and criminal
justice policies at the national and subnational levels”. However, the member states also recognize theimportance of taking measures “to ensure the contribution of civil society, the private sector and academia”.
The thirteen subparagraphs to para 10 forms a long “shopping list” of issues in respect of which, and ways
in which, public participation should be encouraged. The following summarized points are particularly
relevant to the issue of public participation:(c) the promotion of a culture of lawfulness, and seeking the support of civil society in crime prevention, inorder to address the social and economic root causes of crime;(d) dealing with social conflict through mechanisms of community participation, including by raising publicawareness, and increasing cooperation between the public, competent authorities and civil society;(f) fostering public participation in the use of traditional and new information and communications
technologies in crime prevention and criminal justice;(g) enhancing public participation through the promotion of e-government systems in crime prevention
and criminal justice, including the promotion of the use of new technologies to facilitate cooperation andpartnerships between the police and the communities they serve;(h) strengthening public-private partnerships in crime prevention and control; and(k) consideration of partnering and supporting community initiatives and fostering the active participationof citizens in ensuring access to justice for all, and in crime prevention and the treatment of offenders.
Para 11, which deals with technical assistance, calls on the UNODC, the network of institutes of the United
Nations crime prevention and criminal justice programme, and all relevant United Nations entities andinternational and regional organizations, to continue to coordinate and cooperate with Member States toprovide effective responses to the challenges faced at the national, regional and global levels, as well as tostrengthen the effectiveness of public participation in crime prevention and criminal justice, including throughthe preparation of studies and the development and implementation of programmes (emphasis added here).

VI. PUBLIC PARTICIPATION IN THE AGE OF THE 2030 AGENDA
Have the disagreements referred to above in the UN Crime Programme regarding the role of nongovernmental organizations, as well as the other developments such as securitization, affected how the UN
Crime Programme works?
The easy answer to this is “yes”. The concept of non-governmental organizations appears to have all but
disappeared from UN Crime Programme texts formulated by consensus.
There are three main reasons, however, why that would be a misrepresentation of the essence of the UN
Crime Programme.
The first is linguistic. Although “non-governmental organizations” is a recognized legal concept in the UN,
and non-governmental organizations continue to have a strong institutionalized role at the UN Crime
Commission, at the UN Crime Congresses and in other work of the UN, it has become a politically charged
term when referring to work being done by other than governmental actors. This is very evident from therapid change that has taken place, in the space of only a few years, in what terminology is used at UN
Congress Declarations.
The UNODC has already responded to this concern by simply replacing the word “non-governmental
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organization” with a synonym, “civil society organization”. To quote from the UNODC website:43
UNODC recognizes the need to promote strong partnerships with civil society organizations in dealing
with the complex issues of drug abuse and crime which undermine the fabric of society. The active
involvement of civil society, which includes NGOs, community groups, labour unions, indigenous
groups, charitable organizations, faith-based organizations, professional associations and foundations isessential to help UNODC carry out its global mandates.
As the Charter recognizes, civil society organizations are important partners of the United Nations.
Over the past sixty-five years they have developed a close relationship with the Organization, working
in a variety of areas such as service delivery, policy development, analysis and advocacy. Today
thousands of accredited Non-Governmental Organizations work with the UN worldwide, serving asimportant sources of public information about the UN and bringing fresh information and ideas fromthe field.
The second reason is that UN Crime Programme continues to produce reports, resolutions and UN
Congress Declarations that acknowledge the central importance of public participation in crime prevention
and criminal justice. Despite the securitization process referred to above, the member states do continue todeal with “soft” issues of public participation, even though relatively less time is spent on these.
The third reason is the most important one, the guiding effect of the 2030 Agenda, the Sustainable
Development Goals. Although also these SDGs do not contain a single reference to non-governmentalorganizations, they do refer several times to civil society, and in one connection (para. 41) even to civil society
organizations.
The 2015 UN Crime Congress in Doha contributed, on its part, to the incorporation of the rule of law,crime prevention and criminal justice issues into Goal 16 of the SDGs. It is this that now clearly provides theframe of reference for the UN Crime Programme.
In so doing, the SDGs challenges the UN Crime Programme to pay increasing attention to how crime
prevention and criminal justice can contribute to sustainable development around the world, in developing
and developed countries alike. Such a UN Crime Programme would be framed by the link between Goal 16
and other Goals such as gender equality, the sustainability of communities, and poverty reduction. It would
continue to deal with pressing questions related to transnational and organized crime, but would also deal
with the prevention of and response to “ordinary” crime. It would continue to identify best practices ininternational law enforcement and judicial cooperation, but would also seek to identify best practices in thestrengthening of access to justice, restorative justice, victim support and community-based sanctions.
The intellectual debate from the early years of the UN Crime Programme can be revitalized in order tobring in research and best practices from around the world, channelled for example through the UNODC andthe Programme Network of Institutes so that it is reflected in the discussions at the UN Crime Commission,
the Crime Congresses and other meetings.
The government-driven discussions in the UN Crime Commission can in this way benefit from the input ofexperts, who can identify what best practices can be adapted to the different circumstances around the world
so that they meet not only the general needs of member states, but also the ground-level needs ofpractitioners and of local communities, of victims and of offenders.
Moreover, Goal 17.17 of the SDGs expressly states that the target is to “encourage and promote effective
public, public-private and civil society partnerships, building on the experience and resourcing strategies ofpartnerships”.
The soft law and the hard law elements of the UN Crime Programme reinforce one another instrengthening local, national and international crime prevention and criminal justice, and in this way

43

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contribute to the ongoing work on the review of the implementation of the 2030 Agenda. This review of
implementation will presumably figure prominently in the discussions at the next United Nations Crime
Congress, to be hosted by Japan in 2020.
Civil society will continue to have an important seat at that table.
References
Bassiouni, M. Cherif (1995), The Contributions of Specialized Institutes and Non-Governmental Organizations
to the United Nations Criminal Justice Programme. In honour of Adolfo Beria di Argentine, the Hague
CAC/COSP/2015/CRP. 3 (2015), Civil Society Engagement in the Implementation of the United Nations
Convention against Corruption. Conference room document submitted by Finland
Clark, Roger S. (1994), The United Nations Crime Prevention and Criminal Justice Program. Formulation ofStandards and Efforts at their Implementation. University of Pennsylvania Press, Philadelphia
Clifford, William (1979), Echoes and Hopes. The United Nations Committee on Crime Prevention and Control,
Australian Institute of Criminology, Canberra
ECOSOC Resolution 1996/31 on Consultative relationship between the United Nations and nongovernmental organizations
Emmers, Ralf (2003), The Securitization of Transnational Crime in ASEAN, Institute of Defence and Strategic
Studies, Singapore, available at http://www.tandfonline.com/doi/abs/10.1080/0951274032000085653
Fitschen, Thomas (2008), Inventing the Rule of Law for the United Nations, Max Planck Yearbook of United
Nations Law, Volume 12, 2008, pp. 37-380, available at http: //www. mpil. de/files/pdf3/mpunyb_10_
fitschen_12.pdf
Joutsen, Matti (2017), Four Transitions in the United Nations Crime Programme, HEUNI, available at https://www. unodc. org/documents/commissions/CCPCJ/CCPCJ_Sessions/CCPCJ_26/E_CN15_2017_CRP4_
e_V1703636.pdf
Joutsen, Matti and Adam Graycar (2012), When Experts and Diplomats Agree: Negotiating Peer Review of
the UN Convention Against Corruption, Journal of Global Governance 18, 2012, pp. 425-439.
Linke, Robert (1985), The Cooperation Between Non-Governmental Organizations and the United Nations in
the Field of Crime Policy, in Course on United Nations Criminal Policy. Report of the European Course
Held in Helsinki, Finland, 25-29 March 1985, HEUNI publication no. 6, Helsinki, pp. 90-95
Lopez-Rey, Manuel (1985), United Nations Congresses on the Prevention of Crime and the Treatment of
Offenders, in Course on United Nations Criminal Policy. Report of the European Course Held in Helsinki,
Finland, 25-29 March 1985, HEUNI publication no. 6, Helsinki, pp. 113-121
Redo, Jolanta (2012b), Non-Governmental Organizations in the United Nations Crime Prevention and Criminal
Justice Programme, in Redo (2012a), pp. 125-126
Redo, Slawomir (2012a), Blue Criminology. The Power of United Nations Ideas to Counter Crime Globally - A
Monographic Study, HEUNI publication no. 72, Helsinki
Rostad, Helge (1985), The History of International Collaboration in Crime Prevention and Treatment of
Offenders ‒ With Special Emphasis on the Activities of International Penal and Penitentiary Foundation,in Course on United Nations Criminal Policy. Report of the European Course Held in Helsinki, Finland,
25-29 March 1985, HEUNI publication no. 6, Helsinki, pp. 79-89
Stritzel, Holer (2012), Securitization, power, intertextuality: Discourse Theory and the Translations ofOrganized Crime, Security Dialogue 43(6), pp. 549-567
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Willets, Peter (1996), Consultative status for NGOs at the UN, available at http://www..staff.city.ac.uk/p.
willets/NGOS/CONSSTAT.HTM
Willets, Peter (2000), From “Consultative arrangements” to “Partnership”: The Changing Status of NGOs in
Diplomacy at the UN, Global Governance, 6/2000, pp. 191-212
Annex 1. References in UN standards and norms to NGOs and the role of the public
Up to the mid-1980s, the UN standards and norms on crime prevention and criminal justice contained
almost no reference to civil society, to non-governmental organizations, or to partnership with the public.
This could be explained largely by their subject, and in part also by who was involved in their drafting.44 Twoof the first six instruments dealt with capital punishment, and two with torture and other cruel, inhuman ordegrading treatment.45 The focus in all four was on strengthening human rights safeguards in theadministration of justice. Presumably at the time that these were being drafted, the lawyers, physicians andcriminal justice professionals involved in the process did not regard civil society as having any particular
relevance in such matters.46 As a result, there are no references to the public or to non-governmentalorganizations in these instruments.
To some extent, this conjecture could be applied also to the Code of Conduct for Law Enforcement
Officials, adopted in 1979. The drafting was largely in the hands of law enforcement specialists, who focusedon training and oversight. Again, there are no references to the public or to NGOs.
Of these six first standards and norms that had been adopted, the first, the Standard Minimum Rules on
the Treatment of Prisoners, at least contains a passing mention of “the public”. Rule 46(2) of the SMR provides
that “The prison administration shall constantly seek to awaken and maintain in the minds both of thepersonnel and of the public the conviction that this work is a social service of great importance, and to thisend all appropriate means of informing the public should be used.”47, 48
During the 1980s, a marked change took place in the standards and norms in several respects. One change
was in the number and scope of such instruments being adopted. Only six instruments had been drafted
before 1985. In comparison, as many as 26 appeared during the ten years between 1985 and 1995, dealing witha wide variety of issues. (Since then, the pace has decreased.) A second change was that non-governmentalorganizations became even more actively involved in their drafting. A third change has to do with thesubstance of this paper: many of the new instruments made extensive references to civil society, nongovernmental organizations, and participation of the public.
This third change can largely be attributed to the second: perhaps inevitably, the NGOs often wanted toinsert references to their role in crime prevention and criminal justice.
A review of what references to NGOs, civil society and the community were inserted into the standards
and norms, and what terms were used, shows considerable variety.
Of the three terms, “non-governmental organization” has been used most consistently, and generally (butnot always) as a part of the standard formulation “Governments, intergovernmental and non-governmental
For an excellent overview of the emergence of the UN standards and norms, see Clark 1994, esp. pp. 97 ff.
General Assembly resolution on capital punishment (1971), the Declaration on the Protection of all Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment (1975), Principles of Medical Ethics relevant to therole of health personnel, particularly physicians, in the protection of prisoners and detainees against torture and other cruel,inhuman or degrading treatment or punishment (1982), and Safeguards Guaranteeing Protection of the Rights of Those Facing
the Death Penalty (1984).
46
However, it might be noted that para. 2 of the resolution by which the “Safeguards” instrument was adopted invited nongovernmental organizations to conduct research on the use of the death penalty ‒ a harbinger of one way in which the future
standards and norms will envisage a role for NGOs.
47
In addition, two rules offer a potential for non-governmental participation. Rule 61 deals with the role of “community agencies”
in assisting correctional staff in the rehabilitation of prisoners, and rule 81, correspondingly, with the role of “services andagencies, governmental or otherwise” in assisting released prisoners.
48
When the SMRs were updated in 2015, and became renamed as the “Mandela Rules”, no additional provisions relating to civilsociety et al were included.
44
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organizations and the public”. This consistency is clearly due to the fact that, within the context of theactivities of the United Nations, “non-governmental organization” has a specific legal meaning. As noted at
the beginning of this paper, non-governmental organizations can apply for consultative status with the
Economic and Social Council, and a large number have done so.
In various standards and norms, the drafters had apparently wanted to restrict the scope of NGOs
addressed to those with a special interest or expertise in the area in question, and thus a few standards andnorms refer to “the non-governmental organizations concerned” (Procedure 12 of the Procedures for theeffective implementation of the Basic Principles on the Independence of the Judiciary), “relevant nongovernmental organizations” (articles 19, 20 and 22 of the Updated Model Strategies and Practical Measureson the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice), and“competent non-governmental organizations” (guideline 19 of the UN Principles and Guidelines on Access to
Legal Aid in Criminal Justice Systems, which deals with technical assistance in matters relating to suchaccess).
The term “civil society” is used in several standards and norms. In addition, the following three variations
appear:-“civil society organizations” (para 5 of the resolution adopting the Kadoma Declaration on Community
Service)“civil society groups” ((g) of the Arusha Declaration on Good Prison Practice), and“members of civil society” (Guideline 9 of the Guidelines for Action on Children in the Criminal Justice
System).

The term “the community”, in turn, is used as a general concept to refer to the public at large, to persons
who are not (necessarily) acting in an organized manner. Guideline 5 of the Guidelines for the Prevention of
Crime states that “[w]hile the term “community” may be defined in different ways, its essence in this context
is the involvement of civil society at the local level.”49
To confuse the terminology even more, the following terms, all of which are derived from the word“community”, arguably refer also to civil society:-community-based organizations (para 9 of the introduction to the UN Principles and Guidelines on
Access to Legal Aid in Criminal Justice Systems),
community organizations and agencies (guideline 22 of the Riyadh Guidelines),50
community groups (guideline 29 of the Riyadh Guidelines; see also guidelines 32 through 39),
community representatives (Guideline 2 of the Guidelines for cooperation and technical assistance inthe field of urban crime prevention), andvoluntary organizations, local institutions and other community resources (the Beijing Rules, rule 26)

Finally, it can be mentioned that “the community” as a basic term appears in two standards and norms,
the Basic Principles for the Treatment of Prisoners (basic principle 10) and the Tokyo Rules (general principle
1.2 and rule 13.4)
As for the substance of these different references, they fall into three general categories:- references calling for non-governmental organizations to assist the Secretary-General, for example inthe collection of data or in the preparation of reports;- references calling for better public awareness of the issues dealt with in the instrument in question,
including wider dissemination of copies of the instrument to the public (or, alternatively, to nongovernmental organizations); and- references calling for mobilization more widely of community resources, and for public participation.
Somewhat confusingly, this same standard and norm, having made an attempt at conceptual clarity, then proceeds to use
several different concepts, all of which seem to be much the same: community organizations and non-governmentalorganizations (both used in Guideline 9), civil society (Guidelines 21, 24, 26 and 27), ʻall segments of civil societyʼ (Guidelines 15
and 19), and ʻcommunities and other segments of civil societyʼ (Guideline 16).
50
In addition, guideline 9(c) of the Riyadh Guidelines refers to ʻnon-governmental agenciesʼ.
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References to the provision of assistance to the Secretary-General
The first of the three categories is the smallest of the three.
Three standards and norms adopted during the same year, 1989, contain a provision stating that the
Secretary-General is to prepare periodic reports on the implementation of the standard and norm, incooperation with, inter alia, non-governmental organizations.
Para II (B) (2) of the Guidelines for the Effective Implementation of the Code of Conduct for Law
Enforcement Officials states that the Secretary-General shall prepare such periodic reports“drawing also on observations and on the cooperation of specialized agencies and relevantintergovernmental organizations and non-governmental organizations in consultative status with the
Economic and Social Council”.
Along the same lines, Procedure 8 of the Procedures for the effective implementation of the Basic
Principles on the Independence of the Judiciary mandates the Secretary-General to prepare independent
quinquennial reports on implementation on the basis not only of information received from governments, butalso from, inter alia, non-governmental organizations, in particular professional associations of judges andlawyers, in consultative status with the Economic and Social Council. Finally, Procedure 13 of the Proceduresfor the effective implementation of the Basic Principles on the Independence of the Judiciary mandates the
Secretary-General to “take steps to ensure that non-governmental organizations in consultative status with
the Economic and Social Council become actively involved in the implementation process and the related
reporting procedures”.
These three standards and norms are anomalies, in that no similar provision existed in earlier standards
and norms, nor were similar phrasing incorporated into later standards and norms. 1989 was the year inwhich the restructuring of the UN Crime Programme got underway, and one of the driving forces was thewish of member states to have greater say in the programme. In this light, it is somewhat understandable
that subsequently drafted standards and norms dropped such provisions.
The standard and norm on “Firearm regulation for purposes of crime prevention and public health andsafety” (1997) is another anomaly, in that para 6 makes reference to the involvement of NGOs in regional
workshops to be held later on that year, “although not when sensitive law enforcement issues will be
discussed”. Para 7 requests that the views of e.g. NGOs be solicited on the development of a declaration ofprinciples.
The Guidelines for Action on Children in the Criminal Justice System (1997) provides in Guideline 40 for
the establishment of a coordination panel that would formulate a common strategy, and that would haveNGOs “that have a demonstrated capacity to deliver technical cooperation services in this area should be
invited to participate in the formulation of the common strategy”.
Finally, the Plan of Action for implementation of the Victimʼs Declaration (1998) contains several
provisions opening the work of the UNODC for input from, inter alia, non-governmental organizations. Para 2
requests the Secretary-General to develop, in collaboration with relevant intergovernmental and nongovernmental organizations, criteria for the selection of technical cooperation projects for the establishment
or the further development of victim services. The following paragraph invites Member States,intergovernmental and non-governmental organizations and the institutes of the United Nations Crime
Prevention and Criminal Justice Programme network to assist the Secretary-General in updating a Guide andHandbook on implementation. Para 5 requests the Secretary-General, in cooperation with interested Member
States and non-governmental organizations, to support an international database on practical national andregional experiences in providing technical assistance and on bibliographic and legislative information,
including case law relevant to this field, and para 6 invites Member States and non-governmentalorganizations to provide information for the database on projects, new programmes, case law and legislationand other relevant guidelines and to help in identifying experts who could assist Member States, uponrequest.
References in standards and norms calling for better public awareness
When UN standards and norms were drafted from the mid-1980s on, a provision was generally included
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on the importance of promoting public awareness about the issue in question. Such provisions called either for
dissemination of the UN standard and norm itself, or for greater public awareness.
An example of a provision calling for dissemination of an instrument is para II(B)5 of the Guidelines for the
Effective Implementation of the Code of Conduct for Law Enforcement Officials,51 which provides that “The
Secretary-General shall make available the Code and the present guidelines to all States and intergovernmental and non-governmental organizations concerned, in all official languages of the United Nations.”
Correspondingly, the last preambular paragraph of the Basic Principles on the Independence of the Judiciary52
provides inter alia that “[t] he following basic principles ... (should) be brought to the attention of judges,
lawyers, members of the executive and the legislature and the public in general...” (emphasis added here).
As for the many standards and norms containing provisions on public awareness, the formulation depends
on the context. Some of these provisions emphasized the importance of the public understanding theimportance of the work being done by the criminal justice system. For example Rule 8 of the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty refers to the awareness of the public “that thecare of detained juveniles and preparation for their return to society is a social service of great importance”,53
and guideline 11(c) of the Guidelines for Action on Children in the Criminal Justice System emphasizes theimportance of the understanding of the public of the spirit, aims and principles of child-centred justice”(emphasis added here).54 Para. 4 of the Basic Principles on the Role of Lawyers, in turn, refers to the need to
inform the public about their rights and duties under the law “and the important role of lawyers in protecting
their fundamental freedoms”.55
Provisions in other standards and norms are designed to mobilize public opinion regarding the seriousnessof certain issues. Perhaps the most comprehensive set of such provisions is to be found in the Updated Model
Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime
Prevention and Criminal Justice.56 Article 22, which deals with crime prevention, urges among others“relevant non-governmental organizations”, as appropriate,---

to develop and implement relevant and effective public awareness and public education initiatives, aswell as school programmes and curricula, that prevent violence against women by promoting respectfor human rights, equality, cooperation, mutual respect and shared responsibilities between womenand men,to set up outreach programmes, and provide relevant information to women about gender roles,
womenʼs human rights and the social, health, legal and economic aspects of violence against women inorder to empower women to protect themselves and their children against all forms of violence,
to set up outreach programmes for offenders or persons identified as potential offenders in order topromote non-violent behaviour and attitudes and respect for equality and the rights of women,
to develop and disseminate, in a manner appropriate to the audience concerned, including in
educational institutions at all levels, information and awareness-raising materials on the different
forms of violence that are perpetrated against women and the availability of relevant programmesthat include information on the relevant provisions of criminal law, the functions of the criminal justicesystem, the victim support mechanisms that are available and the existing programmes concerning
non-violent behaviour and the peaceful resolution of conflicts,
to support all initiatives, including those of non-governmental organizations and other relevantorganizations seeking womenʼs equality, to raise public awareness of the issue of violence against
women and to contribute to the elimination of such violence.

Economic and Social Council resolution 1989/61, annex.
Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August - 6 September
1985: report prepared by the Secretariat (United Nations publication, Sales No. E.86.IV.1), chap. I, sect. D.2, annex.
53
General Assembly resolution 45/113, annex.
54
Economic and Social Council resolution 1997/30, annex,
55
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August-7 September
1990: report prepared by the Secretariat (United Nations publication, Sales No. E.91.IV.1), chap. I, sect. B.3, annex.
56
General Assembly resolution 65/228, annex.
51
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References in standards and norms calling for mobilization more widely of community resources, and for
public participation
A very large number of standards and norms recognize the importance of mobilizing all possible
resources in order to respond to the issues addressed in the respective instruments:-

the Beijing Rules (Rules 1.3 and 25),
the UN Victim Declaration (art. 14; see also preambular para 1 of the 1989 resolution on theimplementation of the Victim Declaration),
Procedures for the effective implementation of the Basic Principles on the Independence of the
Judiciary (Procedures 12 and 13),
the resolution on implementation of the Basic Principles for the Treatment of Prisoners (para 10),
the Tokyo Rules (general principle 1.2, and rules13.4, 19 and 22.1),
the Riyadh Guidelines (Guidelines 6, 9(c), 22, 29 and 32 through 39),
Declaration on the Elimination of Violence against Women (art. 4(e), 4(o), 4(p) and5(h),Guidelines for cooperation and technical assistance in the field of urban crime prevention (Guideline 2(b), 3(b)(ii)) and 3(d)(ii)(c)),
Guidelines for Action on Children in the Criminal Justice System (Guidelines 5, 9, 23, 27, 34, 40 and 53),
the Kampala Declaration (points 1, 4 and 8),
Plan of Action for implementation of the Victimʼs Declaration (paras 1, 4, 7, 8 and 9),
the Kadoma Declaration on Community Service (para 5 of the adopting resolution),
the Arusha Declaration on Good Prison Practice (para g),
the Basic Principles on the use of restorative justice programmes in criminal matters (para 22),
the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Guidelines 3(b),13(c)(iii), 16, 18 and 36), andthe Bangkok Rules (preambular para 5 and rules 46, 47, 59 and 62)

Four standards and norms deserve special attention when speaking of resource mobilization and public
participation:-

the 2002 Guidelines for the Prevention of Crime,the 2010 Updated Model Strategies and Practical Measures on the Elimination of Violence against
Women in the Field of Crime Prevention and Criminal Justice,the 2012 UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, andthe 2014 UN Model Strategies and Practical Measures on the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal Justice.

Not only are these four standards and norms of relatively recent vintage ‒ the most recent was adopted
only three years ago ‒ but they are commendably clear on the importance of promoting cooperation between
the governmental and the non-governmental sectors. Guideline 16 of the Guidelines for the Prevention of
Crime, although it acknowledges the leadership role of the state, notes the importance of civil society:“In some of the areas listed below, Governments bear the primary responsibility. However, the active
participation of communities and other segments of civil society is an essential part of effective crime
prevention. Communities, in particular, should play an important part in identifying crime prevention
priorities, in implementation and evaluation, and in helping to identify a sustainable resource base.”
Moreover, some of the guidelines appear to stress that both governments and civil society have an
independent responsibility to act. Guidelines 24, 26 and 27, for example, are addressed to “governments andcivil society”, and set out what activities they should engage in, without suggesting that civil society should(always) act in line with governmental requests and under governmental supervision.
The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems recognize that it is
the state that has the responsibility for providing access to justice. In this light ‒ and in comparison with theway on which the Guidelines for the Prevention of Crime at times place governments and civil society on an
independent footing as actors ‒ the legal aid standard and norms generally uses a formulation like “states in
consultation with civil society”.

69UNAFEI PANEL DISCUSSION ON ACCESS TO JUSTICE
Matti Joutsen＊

In connection with the topic, ʻMeasures to enhance access to justice for children and women as victims in
the field of criminal justiceʼ, I have been asked to address two questions: 1) the background to the discussions
during the adoption of 2030 Agenda for Sustainable Development on the origin and development of theconcept of ʻaccess to justiceʼ, and what measures will be required in the future regarding access to justice, and2) the status of developing indicators on access to justice for the SDGs (target 16.3).

I. SIGNPOSTS ON THE ROAD TO THE SUSTAINABLE DEVELOPMENT GOALS
ʻAccess to justiceʼ has been incorporated into Goal 16 of the SDGs, which calls upon member states toʻ[p]romote peaceful and inclusive societies for sustainable development, provide access to justice for all, andbuild effective, accountable and inclusive institutions at all levels.ʼ This is backed up by Target 16:3, which isto ʻ[p]romote the rule of law at the national and international levels and ensure equal access to justice for all.ʼ
Several different elements of the United Nations system, and several constellations of stakeholders
contributed to this incorporation. Access to justice is regarded as a key element of the rule of law (and thus ahuman rights issue), and was recognized as such in paras 14-16 of the 2012 Declaration of the High-Level
Meeting on the Rule of Law,1 an important milestone in the formulation of Goal 16. Separately, access tojustice has been recognized also for example as a gender equality issue, a fundamental right of children, adevelopment issue, and a criminal justice issue.
The basic international instrument on the rights of women is the Convention on the Elimination of All
Forms of Discrimination against Women. This convention does not contain an express provision on access tojustice, although it is implicit in the second article, on protection of the rights of women. The 1995 Beijing
Womenʼs Conference considered the issue of access to justice in a rather piecemeal fashion, in connection
with violence against women (paras. 118 and 124), labour laws (para. 164), gender-based discrimination (para.
178) and general legal literacy (para. 227). Subsequently, access to justice has been recognized as afundamental element of the human rights of women.
Also the basic international instrument on children, the Convention on the Rights of the Child, does notcontain a specific reference to access to justice. Nonetheless, the Committee on the Rights of the Child has
held that the right to an effective remedy is an implicit requirement of the Convention. Access to justice forchildren is dealt with at length in the report presented by the High Commissioner for Human Rights in 2013
to the UN Human Rights Council, which held a special session on the theme of ʻaccess to justice for childrenʼ
(A/HRC/25/35).
Special Advisor, Thailand Institute of Justice.
30 November 2012, A/RES/67/1. These paragraphs read as follows:
14. We emphasize the right of equal access to justice for all, including members of vulnerable groups, and the importance ofawareness-raising concerning legal rights, and in this regard we commit to taking all necessary steps to provide fair,transparent, effective, non-discriminatory and accountable services that promote access to justice for all, including legal aid.
15. We acknowledge that informal justice mechanisms, when in accordance with international human rights law, play a positiverole in dispute resolution, and that everyone, particularly women and those belonging to vulnerable groups, should enjoy full andequal access to these justice mechanisms.
16. We recognize the importance of ensuring that women, on the basis of the equality of men and women, fully enjoy thebenefits of the rule of law, and commit to using law to uphold their equal rights and ensure their full and equal participation,
including in institutions of governance and the judicial system, and recommit to establishing appropriate legal and legislative
frameworks to prevent and address all forms of discrimination and violence against women and to secure their empowerment
and full access to justice.
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In respect of development, the UNDP sees the importance of access to justice in alleviating poverty andpromoting economic growth. The UNDP defines access to justice as the ability of people from disadvantaged
groups to prevent and overcome human poverty by seeking and obtaining a remedy, through the justicesystem, for grievances in accordance with human rights principles and standards.
Within the United Nations Crime Programme, in turn, the key instrument is the United Nations Principles
and Guidelines on Access to Legal Aid in Criminal Justice Systems was adopted as recently as 2012 (GAresolution 67/187). This is the first international instrument on the right to legal aid. It establishes minimum
standards for the right to legal aid in criminal justice systems and provides practical guidance on how toensure access to effective criminal legal aid services.

II. THE NEGOTIATIONS ON THE GLOBAL INDICATORSThe United Nations have developed an initial set of ʻGlobal Indicatorsʼ that set global benchmarks for thepractical implementation of the SDGs in all countries.2 The Global Indicators are intended both to promote
progress within countries and to facilitate comparisons of the progress made by countries relative to one
another.
In respect of access to justice, a grand total of two indicators are included in the Global Indicators:
16.3.1 Proportion of victims of violence in the previous 12 months who reported their victimization tocompetent authorities or other officially recognized conflict resolution mechanisms
16.3.2 Unsentenced detainees as a proportion of overall prison population
Several comments are in order regarding these two indicators. As background, it can be noted that they
were the result of an intensive debate. ʻAccess to justiceʼ has many dimensions, and many stakeholders wereinvolved in the negotiations. Each, of course, had their own special interests in seeking to ensure that at leastcertain aspects of access to justice would be assessed through the indicators. Few, if any, of the stakeholders
were fully satisfied with the two indicators that ʻmade the final cutʼ.
During the negotiations, other access to justice indicators had been proposed, among them- ratification and implementation of the key human rights treaties,- the proportion of those who have experienced a dispute in the past twelve months, who have accesseda fair formal, informal, alternative or traditional dispute mechanism, and who feel the process was just,- the physical distance to affordable and effective legal services,- accessibility of dispute settlement mechanisms,- the opinions of ʻusersʼ regarding the ʻfairnessʼ of justice processes,- the availability of counsel for criminal defendants, and- the financial threshold at which legal aid is provided.
The basic problem was that the proposed indicators had to be quantifiable (measurable); there had to besome prospect that the necessary data already is, or can readily be made, available at reasonable cost (andthat this data would be both valid and reliable)3, and the indicators had to be easy to understand and toconvey to the public. Furthermore, the indicators should capture elements of access to justice that are
particularly relevant for the purpose at hand.4 For a variety of reasons, the alternatives noted above were notincluded in the official list.
A second observation is that both of the final two access to justice indicators focus on criminal justice.
From the point of view of gender equality, the rights of children, the eradication of poverty and humandevelopment, access to civil justice is arguably as important as access to criminal justice, if not more so. Civil
law involves issues as diverse as proof of national identity, family and matrimonial rights, child custody, rights
The Global Indicators were established by the United Nations Interagency Expert Group on Sustainable Development Goals,
or IAEG-SDG. They are available at https: //unstats. un. org/sdgs/indicators/Global%20Indicator%20Framework_A. RES. 71.
313%20Annex.pdf.
3This requires a balance between being satisfied with the status quo of what data are available, and proposing realistic (but not
yet universally available) indicators that could play a role in catalyzing new data collection efforts and capacity building.
4
Timothy Hansen, ʻRule of Lawʼ Indicators in the SDGs, available at deliver20302030.org/?p=6859
2

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RESOURCE MATERIAL SERIES No. 105of the disabled, property rights, the right to accommodation, the right to fair employment and fair wages,
financial and consumer rights, commercial rights and contractual rights.
A third observation is that, even from the point of view of criminal justice, the two indicators are quite
limited. They focus only on victimization to violence, and on the use of pre-trial detention. There is nothing
about many key aspects of victimization (victimization to other types of crimes, the availability of victim
support, the availability of compensation), of the criminal process (the right to legal aid as a defendant or as a
victim, confidence in the police, the length of proceedings, the right to appeal, satisfaction that the outcome
was ʻjustʼ) and of corrections.

III. ONGOING WORK ON INDICATORSIn light of the differences between countries, all countries are expected to establish their own national
indicators for measuring progress toward achieving each of the Goals, including Goal 16. Regional indicators
had been developed already (and for different purposes) in Europe (for example by the European Commission
for the Efficiency of Justice, and the Fundamental Rights Agency of the European Union) and in Latin
America (for example by the Economic Commission for Latin America and the Caribbean). National examples
include the comprehensive set of indicators developed in the United States.5 A number of other countries
conduct surveys that are useful in this regard; among them are a large number of developing countries.
Reference should also be made to sector-specific indicators, such as those developed to assess
implementation of CEDAW6 and of the two corresponding regional conventions on violence against women(the Council of Europe Convention and the Inter American Belém do Pará Convention), as well as theindicators developed by various organizations, institutes and think tanks, such as the OECD Social
Institutions and Gender Index, the Rule of Law Index developed by the World Justice Project, and the Gender
Statistics developed by the World Bank.

IV. HOW SHOULD WE FURTHER DEVELOP INDICATORS OF ACCESS TO JUSTICE?7
Indicators should serve not only to assess progress in implementation of the SDGs, but also to strengthen
work on access to justice. Broadly speaking, indicators should be developed that deal with what could bereferred to as the enabling environment (the existence of remedies), the ʻsupply sideʼ of access to justice (theinstitutions and human resources that provide justice services, and their outreach to those in need of access)and the ʻdemand sideʼ of access to justice (the ability of persons to seek access to justice).8 Given the interestin gender equality, the rights of children and the rights of disadvantaged groups, data should ideally bedisaggregated by race, ethnicity, gender, age, disability, and other categories.
The enabling environment ensures that remedies exist. This includes international and constitutionallaw, legal and regulatory frameworks, and customary norms and jurisprudence that set out the rights andentitlements, and the legislation and safeguards that determine when and how persons can have access tojustice.
This enabling environment can be assessed by expert interviews, or reviews of legal documents. In
respect of the rights of women, one indicator could be the extent to which national laws prohibit direct andindirect discrimination in respect of legal capacity/standing, property rights, inheritance rights, rights within
marriage, rights to obtain a divorce and custody over children, the capacity to open a bank account, the right
Recommended Access to Justice Indicators for Implementation of Goal 16 of the UN 2030 Sustainable Development Agenda in
the United States. Developed for the “Civil Society Consultation with White House Legal Aid Interagency Roundtable on Goal
16 Access to Justice Indicators and Data”, Thursday, September 15, 2016 Washington, DC, available at http://web.law.columbia.
edu/human-rights-institute and http://ncforaj.org
6
See in particular Teresa Marchiori, A Framework for Measuring Access to Justice. Including Specific Challenges Facing
Women, Report commissioned by UN Women. Realized in partnership with the Council of Europe, October 2015, available athttps://rm.coe.int/1680593e83
7This section is based largely on Marchiori, pp. 123-140.
8See, for example, Marchiori, op.cit., p. 124, and Ramaswamy Sudarshan, Rule of Law and Access to Justice: Perspectives from
UNDP Experience, paper presented at the European Commission Expert Seminar on Rule of Law and the Administration of
Justice as Part of Good Governance, Brussels, 3-4 July 2003.
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to acquire, change, retain or convey oneʼs nationality, the right to education, and the right to employment.
The supply side of access to justice is the capacity of the formal and the informal justice system toprovide effective remedies through adjudication, enforcement and oversight. The supply side includes theoutcomes of the process of justice ‒ including the largely intangible issues of the fairness of the process andthe outcome.
Examples of supply side indicators include the number of judges (by sex, and by type and level of court),
the number of cases per judge, the provision of mandatory training for justice personnel on gender issues, thenumber of legal aid providers per 100,000 inhabitants (by sex, and by civil / criminal cases), the availability offree legal assistance for indigent defendants, the quality of the legal aid service provided, the percentage of
persons reporting that physical access to justice fora is convenient in terms of distance, the average cost of
judicial proceedings (by type of case), the percentage of persons reporting that access to courts is affordable(by sex), the percentage of persons reporting having been asked to pay a bribe or other inducement to initiate
or expedite a court process or to obtain a favourable decision, the average length of procedures (by type ofcase), the availability of a small claims court or fast track procedure for small claims, and the number of casesthat are dropped or that exit the system through attrition.
The demand side (legal empowerment) involves legal awareness, the ability to use legal advice andrepresentation (legal aid), and the ability to access formal and informal justice services. The demand side also
relates to the question of justice needs, and of trust in the system of justice.
Examples of demand side indicators are the types and number of complaints that are lodged with dispute
resolution mechanisms, user surveys and expert surveys of the main justiciable issues experienced bypersons, the action taken by them to solve the disputes, and the main barriers that they have experienced inaccessing justice; household surveys of the extent to which women and men are aware of specific laws orrights, as well the extent to which they are aware of the main dispute resolution mechanisms available; thenumber of women and men who have benefited from legal aid, the yearly attrition rate in rape, domestic
violence and sexual violence cases; and household surveys of the confidence expressed by respondents thatthey can access affordable and quality legal assistance and representation, that they would be treated fairly
and without discrimination in the resolution of a dispute, and the percentage of respondents who haveexperienced a dispute who report access to a satisfactory dispute resolution.

73

CITIZEN PARTICIPATION IN CRIMINAL TRIALS AND
REFORMATION OF CRIMINAL JUSTICE IN JAPANMasahito Inouye＊

I. INTRODUCTION
Despite various opinions about its historical origins, a system of lay participation in criminal trials has
existed for centuries in many Western countries. It takes the form of either a jury, such as in AngloAmerican countries, or a mixed panel court consisting of professional judges and selected citizens, such as inmany Continental-European countries1.
Quite recently, on the other side of the globe, Japan and South Korea2 adopted, and Taiwan3 also has beenplanning to adopt, their own systems of lay participation in criminal trials4. Each system differs in various
aspects, reflecting the social, cultural, political and legal background in each country or area. Still, it isremarkable that these three neighbors have made similar changes almost simultaneously.
The introduction of a lay participation system necessarily accompanies formal or informal reforms ofcriminal procedure. It might also stimulate certain modifications in the interpretation or application, if not the
text itself, of substantive criminal law. As combined, they could induce substantial reformation of criminal
justice and, at the same time, bring about new challenges.
That is what has been happening in Japan5. And these reforms have been not only changing the way of
thinking and attitudes of professionals engaged in criminal justice, but also affecting public understanding of
the criminal justice system. There seems to be a growing number of people who have begun thinking more
seriously about crime and punishment as a matter closely related to themselves. Thus, the reforms will havea profound effect on Japanese criminal justice in the long run.

Professor, Waseda Law School, and Professor Emeritus of Law, University of Tokyo. The author served as a member of theJustice System Reform Council (1999-2001), a chairperson of the Expert Deliberation Committees on the Saiban-in System andCriminal Justice Reforms and on the Public Criminal Defense System at the Cabinetʼs Headquarters for the Promotion of
Justice System Reform (2002-2004), and a member of the Council on Legislation Special Division on the Criminal Justice Systemin the New Era (2011-2014).
Sections II through IV of this article are an updated and substantially revised version of the authorʼs presentation at the 2013
Seoul National University Law Research Center International Conference, which was later published under the title“Introduction of the Saiban-in System and Reformation of Criminal Procedure in Japan,” in SEOUL LAW JOURNAL, Vol. 55,
No. 2 (2014), pp. 441 et seq.
1
E. g., WORLD JURY SYSTEMS (Neil Vidmar ed., 2008); Valerie P. Hans，Jury Systems Around the World (Cornell Law
Faculty Publications, Paper 305, 2008)〔available at http://scholarship.law.cornell.edu/facpub/305〕.
2
The (South Korea) Act for the Participation of Citizens in Criminal Trials, Act No. 8489, June 1, 2007, enforced Jan. 1, 2008. Cf.
Jae-Hyup Lee, Korean Jury Trial: Has the New System Brought About Changes?, 12 ASIAN-PACIFIC LAW & POLICYJOURNAL No. 1, 58 (2010).
3
In 2012, the Judicial Juan of Taiwan proposed to introduce the “Advisory Jury System” in criminal trials and began its trial run
by holding mock trials in several major district courts. After the presidential election of 2016, however, they made a newproposal for a mixed panel court type of lay participation, the System of “Peopleʼs Participation in Trials”, which would be muchcloser to the Saiban-in System. In April 2018, the bill to implement it was introduced and is now under deliberation in thelegislature. See the Website of the Judicial Juan of Taiwan〔http://www.judicial.gov.tw/LayParticipation/〕.
4
As for the “Peopleʼs Jury System” in China, see e.g. KONG XIAO XIN, CHUGOKU JINMIN BAISHIN-IN SEIDO KENKYU (AStudy on the People’s Jury System in Chaina) (2016); Jinying Zhao, Chinaʼs New Law for Its Jury System〔http://www.linkedin.
com/pulse/chinas-new-law-its-jury-system-jinyung-zhan-l〕.
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II. INTRODUCTION OF THE SAIBAN-IN SYSTEM
A. Overview
In 2004, Japan enacted a statute (the Saiban-in Act)6 to introduce a system of lay participation in criminal
trials. In the new system, six citizens selected randomly from among the voters in each case would serve as
Saiban-in (or lay judges) and, in collaboration with three professional judges7, engage themselves in deciding
both guilt and sentence in the trials involving capital and other serious offenses8
After five years of preparation, the Saiban-in Act came into force on May 21, 2009. In the nearly nine
years until the end of March 2018, annually 1,000 to 1,500 (a total of 11,045) defendants charged with murder,
robbery resulting in bodily injury or some other subject offense (Figure 19) were tried by Saiban-in courts at
50 District Courts and 10 of their branches throughout the country10. 62, 214 citizens already served as
Saiban-in, and, if we add the number of those selected as supplementary Saiban-in, 93, 401 citizens
participated in criminal trials11.
B. Historical BackgroundBut why and for what purposes did Japan adopt such a system in the first place? To get a better
understanding, we need to look back briefly at the historical background of lay participation in Japan.
1. Former Jury System
The Saiban-in system is not an entirely novel experience for lay participation in criminal trials in Japan.
From 1928 through 1943, there was a jury system in which twelve selected citizens heard the evidence anddecided the guilt of the defendant in trials involving serious offenses12.
The former jury system was adopted as a result of party politics in the 1910s and 1920s13 when the socalled Taisho Democracy movements appeared temporarily to prevail in various aspects of the Japanese
The criminal justice reforms in Japan since the turn of the century, including the introduction of the Saiban-in system, havealready been the subject of many, not only domestic, but also overseas, publications. E.g., the literatures listed in Mark A. Levin& Adam Mackie, Truth or Consequences of the Justice System Reform Council: An English Language Bibliography fromJapanʼs Millennial Legal Reforms, 14 ASIAN-PACIFIC LAW & POLICY JOURNAL 1 (2013); Daniel H. Foote, Citizen
Participation: Appraising the Saibanʼ in System, 22 MICHIGAN STATE INTERNATIONAL LAW REVIEW 755 (2013);
Symposium, Citizen Participation in Criminal Trials in Japan: The Saiban-in System and Victim Participation in Japan inInternational Perspectives, 55 INTERNATIONAL JOURNAL OF LAW, CRIME & JUSTICE 1 (2014); Caleb J. F. Vandenbos,
Patching Old Wineskins, 24 PACIFIC RIM LAW & POLICY JOURNAL 391 (2015); Stacey Steele, Proposal to Reform theJapanese Saiban-in Seido (Lay Judge System) to Exclude Drug-Related Cases, 16 AUSTRALIAN JOURNAL OF ASIAN LAW
19 (2015); LEON WOLFF, LUKE NOTTAGE & KENT ANDERSON (eds.), WHO RULES JAPAN? (2015); DIMITRIVANOVERBEKE, JURIES IN THE JAPANESE LEGAL SYSTEM (2015); Harrison L. E. Oweris, Trial by Oneʼs Peers, 25
PACIFIC RIM LAW & POLICY JOURNAL 191 (2016); ANDREW WATSON, POPULAR PARTICIPATION IN JAPANESECRIMINAL JUSTICE (2016); ANNA DOBROVOLSKAIA, THE DEVELOPMENT OF JURY SERVICE IN JAPAN (2017).
6
The Act for the Participation of Saiban-in in Criminal Trials, Act No. 63, May 28, 2004, enforced May 21, 2009 (hereinafter citedas the Saiban-in Act).
7
Saiban-in Act, art. 2, sec. 2. Exceptionally, in cases where there is no contest about the charge, the court may assign the case toa smaller panel court composed of one professional judge and four Saiban-in if it is deemed appropriate to do so, considering thenature of the case and other circumstances, and neither party objects (secs. 3 and 4). As a matter of fact, such exceptional
assignment has never been resorted to.
8
Saiban-in Act, art. 2, sec. 1, enumerating the offenses for which the death penalty or life-imprisonment is prescribed by law andthe intentional offenses resulted in the death of the victim for which the minimum sentence of imprisonment of not less than one
year is prescribed by law.
9
Saiko Saibansho Jimu-sokyoku, Saiban-in Seido no Jisshi Jokyo ni tsuite (Seido-Shiko〜Heisei 30 Nen 3 Gatsu-matsu) (General
Secretariat of the Supreme Court, the Enforcement Situation of the Saiban-in system until the end of March 2018), p. 4.
10Id., pp. 2-3. The annual number of the defendants tried by Saiban-in courts, which account for around 2% of those tried by theDistrict Courts in regular trial proceedings, decreased from the peak of 1,568 in 2011 down to 993 in 2017 in proportion to thegeneral downward trend of criminal cases in these years.
11
Id., p. 5 and Figure 2. If it is deemed necessary, the court may select an appropriate number (not more than six) of
supplementary Saiban-in. (Saiban-in Act, art. 10, sec. 1). Actually, two are selected in most cases.
12
The Jury Act, Act No. 50, Apr. 18, 1923, enforced Oct. 1, 1928. The cases involving any offense for which the death penalty orlife imprisonment was prescribed by law were mandatorily subject to jury trial unless the defendant waived it (art. 3), and those
involving any offense for which the imprisonment not less than 3 years was prescribed by law, with some exceptions, were put
to jury trials if the defendant applied for it (art. 4).
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society before militarism and totalitarianism took over. There were outcries for popular elections andfreedom of political speech, for gender equality and laborersʼ right to organize unions and for liberalism ormodernism. A political historian later presumed that the jury system, modeled after the American one, wasproposed by the cabinet with the intention of attaining a populist effect in place of popular elections, which
they deemed too early to adopt14.
Although the introduction of the jury trial into the authoritarian, inquisitorial criminal justice system atthat time was a remarkable innovation, it deviated from its American model in a crucial point. The judges of
the court could overturn the jury verdict if they found it inappropriate and select a new jury to retry the case(renewal of jury). This was because of the constitutional provision at that time guaranteeing the individualʼsright to “trial by judges determined by law15,” which was interpreted to prohibit jury verdicts from binding
independent judgesʼ decisions.
It is also realistically doubtful if the jury trials had any substantial impact upon the criminal justice system
as a whole or the general public in those days. Only a small portion of the people, males thirty and over who
paid a considerable amount of income tax (less than 8% of that age group), were eligible to serve as jurors. In
addition to that, most of the defendants who were entitled to have a jury trial actually waived it. In the fifteen
years of its operation, there was a total of 484 jury trials16, including 448 mandatory cases (less than 1.8% of
those which could have been subject to jury trial if the defendant had not waived it)17.
As wartime came, jury trials decreased year by year, finally down to just one case in 1942. The next year
the military government suspended the Jury Act18, terminating the short life of the early Japanese lay
participation system.
2. Post-war Developments under the Constitution of 1946
During the postwar occupation by the Allied Forces, the question of whether to adopt or revive a jury
system was temporarily put on the agenda19 in addition to the criminal procedure reform in which theadversarial principle was adopted after the model of American law. As a matter of fact, the new Constitutionof 1946 provides for the right to “trial by an impartial tribunal20” “in the court21” in place of the former
constitutional provision mentioned above. These changes in wording were presumably intended to admit
even a jury equipped with full power. The Court Act of 1947 also confirms explicitly that the establishment ofa jury system for criminal cases by a separate statute shall not be prevented22.
TAICHIRO MITANI, SEIJI-SEIDO TOSHITENO BAISHIN-SEI (the Jury System as a Political Institution) (revised ed., 2013),
pp. 91 et seq.
14
Id., p. 141.
15
The Constitution of the Empire of Japan of 1889, art. 24.
16This includes 24 retrials by renewed juries. Among the 484 jury trails, 215 involved murder and 214, arson. The jury found thedefendant not guilty in 81 cases (17.6% of those excluding 24 retrials). Masao Okahara, “Baishin-ho no Teishi ni kansuru Horitsu”
ni tsuite (On “the Act concerning the Suspension of the Jury Act”), HOSOKAI ZASSI Vol. 21, No. 4 (1943), p. 16; Shiho-seido
Kaikaku Shingikai Jimukyoku, Wagakuni de Okonawareta Baishin Saiban (Jissi Jokyo) (Secretariat of the Justice System Reform
Council, The Jury Trials Formerly Enforced in Japan) (Material 18, Apr. 17, 2000).
17
TAKASHI MARUTA, BAISHIN-SAIBAN WO KANGAERU (Thinking about the Jury Trial) (1990), pp. 133, 137-138.
18
The Act concerning the Suspension of the Jury Act, Law No. 88, Apr. 1, 1943, enforced on the same day.
19
A provision for the right to trial by jury was included in the early tentative versions of the so-called “MacArthur Draft,” which
the occupation authorities prepared and presented to the Japanese government as a basis for the drafting of the newConstitution. Although the provision was deleted in its final version for unknown reasons, the Japanese government believedthat they were required to consider seriously the adoption of such a system in the revision of the Code of Criminal Procedure.
E.g., Shihosho Keijikyoku, Keijisosho-ho Kaisei Hoshin Shian (Ministry of Justice Criminal Affairs Bureau, Plans for the Revisionof the Code of Criminal Procedure: A Tentative Draft) (Apr. 30, 1946), in KEIJISOSHO-HO SEITEI SHIRYO ZENSHU: SHOWA
KEIJISOSHO-HO (Collected Legislative Materials of the Criminal Procedure Laws: Code of Criminal Procedure of 1948), Vol. 2(M. Inouye et al. ed. 2007), p. 368; Keijisosho-ho Kaisei nitsuki Koryo subeki Mondai (Issues for Consideration concerning the
Revision of the Code of Criminal Procedure) (presented at the first meeting of the governmental Justice System Council, July 7,1947), id, pp. 33-34. See also Nobuyoshi Toshitani, Sengo Kaikaku to Kokumin no Shiho-sanka (Postwar Reforms and Citizen
Participation in the Justice System), in SENGO KAIKAKU, Vol. 4 (the University of Tokyo Institute of Social Sciences ed. 1975),
pp. 109-130.
20
Const. art. 37, sec. 1.
21Const. art. 32.
22
The Court Act, Act No. 59, Apr. 16, 1947, enforced May 3 the same year, art. 4, sec. 3.
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Such an idea, however, was not realized in spite of rapid democratization of all systems of governanceduring the occupation. Not only the Japanese government23, but also the occupation authorities24, were not so
enthusiastic about the jury system, probably because of its infeasibility given the destruction, including court
houses, and social disorder throughout postwar Japan25.
Still a certain number of lawyers and scholars, individually or in groups, continuously proposed lay
participation in criminal trials for many years since then. Such movements were stimulated especially since
the late 1980s when the judiciary, under the instruction of the then Chief Justice of the Supreme Court, began
broad research on the situations of lay participation in several Western countries26.
The proponents of lay participation were divided into two schools. One school of people urged theadoption of an Anglo-American type of jury system for the purpose either of democratizing the highlybureaucratic, closed Japanese judiciary or of preventing miscarriage of justice by professional judges who, in
their opinion, were biased toward the prosecution or had become too much accustomed to rendering
judgments of guilt to rule on each case without prejudice against the defendant27. Another school of people
rather preferred a Continental-European type of mixed panel court because of their concern about possible
miscarriage of justice by an inexperienced, emotional or runaway jury and ineffective appellate remedy for it
because no detailed reason would be shown for the jury verdict. In contrast to the former schoolʼs skepticism
against possible manipulation of lay assessors by professional judges in a mixed panel court, the latter rather
expected that a collaboration of professional judges and citizens should enlighten both of them28.
Quite the contrary, however, there also were deep-seated basic oppositions against lay participation
among lawyers and scholars. In addition to the constitutional objections29 inherited from the age of the former
Jury Act, they convinced themselves that fair and right justice could be done only by independent, legallytrained and suitably experienced professional judges30. Many of them also doubted whether the
In response to the negative opinions in the Justice System Council against a jury system for the reason of high cost andpossible harmful effects, the Ministry of Justice presented an alternative proposal to adopt a Continental-European type of
mixed panel court system, which could not gain majority support either. The discussion ended with a deferral mainly because of
its uncertain constitutionality. See KEIJISOSHO-HO SEITEI SHIRYO ZENSHU: SHOWA KEIJISOSHO-HO (Collected
Legislative Materials of the Criminal Procedure Laws: Code of Criminal Procedure of 1948), Vol. 3 (M. Inouye et al. ed. 2008), pp.
115, 120, 226-227, 293-296. See also Toshitani, supra note 19, pp. 130-141.
24
At the same time, the occupation authorities thought it necessary for the Japanese government to show due respect for public
participation as a principle of a democratic judicial system. The above art. 3, sec. 3 of the Court Act of 1947 was the very
product of their recommendation on such a ground. Toshitani, supra note 19, pp. 150-153.
25
Id., pp. 114-118, referring to the answers of the Ministers of State in charge of the new Constitution and of Justice at bothHouses of the Diet (legislature), and pp. 158-159, speculating the occupation authoritiesʼ basic attitude toward the matter and its
backgrounds.
26
Under the instruction of Chief Justice Koichi Yaguchi, which was not necessarily intended to adopt any Western type of lay
participation, several judges were dispatched from 1988 through 1990 to the United States and the United Kingdom on mission
to research the actual situation of their jury systems. In the following years, the General Secretariat of the Supreme Court
extended the research further on the mixed-panel court systems in several Continental European countries. Saiko Saibansho
Jimusokyoku, Baisin-Sanshin Seido: Beikoku-Hen (General Secretariat of the Supreme Court, Jury and Mixed-Panel Court
Systems: Part of the United States), Vols. 1-3 (1992-1995); Eikoku Hen (Part of the United Kingdom) (1999); Doitsu Hen (Part ofGermany) (2000); France Hen (Part of France) (2000); Sweden Hen (Part of Sweden) (2001); Denmark Hen (Part of Denmark)(2003); Italy Hen (Part of Italy) (2004).
27
E. g., EIGORO AOKI, BAISHIN SAIBAN (Jury Trial) (1981); CHIHIRO SAEKI, BAISHIN SAIBAN NO FUKKATSU(Resurrection of Jury Trials) (1996); Satoru Shinomiya, Baishin, Sanshin, Shokugyo Saibankan (1) Baishin-sei no Tachiba kara
(Jury, Mixed Panel Court or Professional Judges (1) From the Viewpoint of a Jury System Supporter), KEIHO ZASSI Vol. 39, No. 1(1999), p. 18; Nihon Bengoshi Rengo-kai, Baishin Seido no Jitsugen ni muketeno Teigen (Japan Federation of Bar Associations,
Proposals Towards the Realization of Jury System) (Mar. 17, 2000), recounting its position declared in its “Shiho Kaikaku ni
mukete no Kihonteki Teigen (Basic Proposals Towards the Realization of Justice System Reform) “ (Nov. 19, 1999).
28
E.g., Ryuichi Hirano, Kokumin no Shiho-sanka wo Kataru (Talking about the Citizen Participation in the Justice System), HO
NO SHIHAI No. 87 (1992), p. 38; id., Sanshin Seido Saiyo no Teisho (A Proposal for the Adoption of a Mixed Panel Court System),
JURIST No. 1189 (2000), p. 50; Hiroshi Sato, Baishin, Sanshin, Shokugyo Saibankan (2) Sanshin-sei no Tachiba kara (Jury, Mixed
Panel Court or Professional Judges (2) From the Viewpoint of a Mixed Panel Court System Supporter), KEIHO ZASSI Vol. 39, No.
1 (1999), p. 30.
29
E. g., HAJIME KANEKO, SHIN-KENPO TO SHIHO (New Constitution and the Justice System) (1948), pp. 75-76 and 81;
HOGAKU KYOKAI, CHUKAI NIHONKOKU-KENPO (Commentaries on the Constitution of Japan), Vol. 2 (1953), pp. 1122 and
1128.
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characteristics of the Japanese people whom they stereotyped as obedient to authority as well as averse tolitigation would fit in with a Western-fashioned lay participation system, especially with an Anglo-American
type of jury system31. As a matter of fact, results of various polls indicated that the public generally put
confidence in the work of professional judges32.
C. The JSRCʼs Recommendations and Their Implementation
1. Proposals for Comprehensive Reforms
In 1999, when the Cabinet established the Justice System Reform Council (JSRC) in order to discuss awide range of challenges to the Japanese justice system and to recommend reforms to make the systemmuch more accessible, reliable and effective in accordance with various needs of the people, lay participation
was put on the agenda, mainly on the initiatives of bar association members who had been longing for a jury
system33. However, with the above-described sharply divided opinions for and against it, many people were
skeptical if any consensus could be reached on the subject.
As it turned out, the JSRC, after two years of intensive discussion, presented comprehensive
recommendations that consisted of three pillars of reform: (1) reforms of the civil and criminal justice systems
in order to establish “a justice system that meets public expectations,” (2) increased production of wellqualified lawyers trained in newly founded professional law schools in order to supply “the legal profession
supporting the justice system,” and (3) citizen participation in order to establish “the popular base” for thejustice system34. The highlight of the third pillar was the introduction of the Saiban-in system.
2. Proposal for Saiban-in System and Its Implementation
At the initial stage of the JSRCʼs discussion, there seemed to be sharp division of opinion between several
members who are enthusiastic for a jury system and the others who were cautious or negative about it35.
Most of them, however, shared the view that the existing justice system, which was too exclusive toprofessionals, should reflect regular citizensʼ sense and feelings more keenly and that increased public
involvement in some form or another should help, not only for that purpose, but also for the people
themselves to identify with the justice system.
What marked a turning point is the hearing of opinions of “hoso sansha” (three sectors of the legal
profession, i.e., the judiciary, the Ministry of Justice and public prosecutorsʼ offices, and the bar). Amongothers, the General Secretariat of the Supreme Court presented its opinion that it should be desirable to adopt
a variant mixed panel court system in which lay assessors could express their judgment on the case, but notformally participate in the final verdict of the court36. They were afraid it might cause a constitutional dispute
if participating citizensʼ judgment had a legally binding effect upon the judges. Although the opinion appeared
too reluctant especially to those who were enthusiastic for lay participation, this became a critical juncture interms of setting a bottom line for the subsequent discussion on the subject in the JSRC, which was virtuallydeprived of any possibility to totally reject lay participation.

E.g., KANEKO, supra note 29, p. 31.
E.g., Fumio Aoyagi, Baishin-sei Sanshin-sei ni tsuiteno Ichi-Kosatsu (A Study on the Jury System and the Mixed Panel Court
System), JOCHI HOGAKU RONSHU, Vol. 4, No. 1 (1960), pp. 27 et seq.
32
For instance, a nation-wide questionnaire survey conducted by a national newspaper right before the beginning of the justicesystem reform revealed that the public highly evaluated the general quality of criminal trials by professional judges and that
79% of the respondents deemed judges reliable, the highest score among the professions involved in criminal justice, followed bypolice officers (74%) and public prosecutors (72%). The Yomiuri Shinbun, Dec. 27, 1998, morning issue, special page A.
33
The Act to Establish the Justice System Reform Council, Act No. 68, June 9, 1999, enforced July 27 the same year, art. 2, sec. 1;
the JSRC, The Points at Issue in the Justice System Reform (Dec. 21, 1999) (English ver.), III 2(4)〔available at http://www.kantei.
go.jp/foreign/policy/sihou/singikai/991221_e.html〕
34
Recommendations of the JSRC: For a Justice System to Support Japan in the 21st Century (June 12, 2001) (English ver.), Chap.
I, Part. 3〔available at-http://www.kantei.go.jp/foreign/judiciary/2001/0612report.html〕.
35
See Masahito Inouye, Saiban-in Seido no Donyu ni itaru Keii to Sono Gaiyo (the Course of Things up to the Introduction of the
Saiban-in System and Its Outlines), JURIST No. 1279 (2004), pp. 74 et seq. Except for the first few sessions, all the deliberations in
the Council were monitored simultaneously by the representatives of news organs and their complete verbatim minutes were
published on the Prime Ministerʼs Office Web site 〔http://www.kantei.go.jp/jp/sihouseido/gijiroku-dex.html〕.
36
Saiko Saibansho, Kokumin no Shiho-Sanka ni kansuru Saibansho no Iken (Supreme Court, Opinion of the Judiciary on the
Citizen Participation in the Justice System), IV, presented at the 30th meeting of the JSRC, Sep. 12, 2000〔available at http://www.
kantei.go.jp/jp/sihouseido/dai30/30bessi5.html〕.
30
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After these and other twists and turns, the JSRC reached the conclusion that an original style of popularparticipation in criminal trials should be adopted in order to improve the quality of justice done by the courtin terms of effectively reflecting “the sound social common sense of the public37.” Evaluating positively thegeneral quality of existing criminal trials by professional judges, the JSRC thought that citizensʼ collaboration
with them should make it much better38.
The Saiban-in Act was the fruit of further detailed deliberation in the expert committee, over which I
presided, of the Cabinetʼs Headquarters for the Promotion of the Justice System Reform to materialize the
JSRCʼs recommendations39.

III. ACCOMPANYING REFORM OF THE CRIMINAL JUSTICE SYSTEM
A. Unique Features of Japanese Criminal Justice in Action
The JSRC also expected that the introduction of the Saibai-in system should contribute to the promotionof their first pillar of reform, the reform of the criminal justice system.
The modern criminal justice system of Japan was built by adopting a succession of Western legal
traditions: first French40, then German41, and most recently, right after World War II, the whole system wasdrastically changed by the current Code of Criminal Procedure of 194842 (CCP), replacing a ContinentalEuropean type of inquisitorial system with an adversary system after the model of American law. Suchadoption of Western legal traditions, however, was followed by a process of “Japanization.” This pattern ismore evident in the actual practice than on the face of the law, and it produced remarkable, uniquecharacteristics of Japanese criminal justice in action, as explained below43.
The investigation of a crime is pursued very thoroughly with a special emphasis on the questioning ofsuspects. Even in the investigation of ordinary cases in which the police play a primary role, publicprosecutors also question suspects and principal witnesses in person. They seek to discover the true facts ofthe case and to become well-informed about the personal details of the suspect and other persons involved sothat they can properly exercise their broad discretion in deciding whether to prosecute the suspect, not only
from the viewpoint of his/her guilt, but also from the consideration of his/her possible rehabilitation without
prosecution44. Such thorough case-screening and active use of broad discretion by prosecutors are reflectedin the amazingly high conviction rate of over 99%.
After a case goes to trial, court sessions are not held consecutively, but with an interval of several weeks.
Trials rely heavily on documentary evidence, including written records of the suspectsʼ and witnessesʼ
statements obtained by prosecutorsʼ as well as police investigative questioning. Most of the documentary
evidence is presented just summarily in open court and subject to later careful reading by the judges back intheir chambers. Such a practice is most often supported by the consent of the defense and contributes to a
Recommendations of the JSRC, supra note 34, Chap. IV, Part. 1, 1.
Inouye, supra note 35, p. 76.
39
From February 2002 through July 2004, the Expert Deliberation Committee on the Saiban-in System and Criminal JusticeReform held a total of 32 sessions, 12 of which were spared exclusively to the deliberations on the Saiban-in system. Theircomplete verbatim minutes also are publicized on the Prime Ministerʼs Office Web site〔http://www.kantei.go.jp/jp/singi/sihou/kentoukai/06saibanin.html〕.See also HIROYUKI TSUJI, SAIBAN-IN HO, KEIJI-SOSHO HO (the Saiban-in Act and the Code of
Criminal Procedure) (Shiho-seido Kaikaku Gaisetsu, Vol. 6, 2005).
40
The Code of Criminal Instruction, Proclamation No. 37 of the Grand Council of State, June 17, 1880, enforced Jan. 1, 1882. This
Code, originally drafted by Professor Gustav E. Boissonade of Paris University, was replaced ten years later by the Code of
Criminal Procedure, Act No. 96, Oct. 7, 1890, enforced Jan. 1, 1893, which maintained the substance of the 1880 Code except forthe provisions relating to the German style of court organization adopted by the Constitution of 1889.
41
The Code of Criminal Procedure, Act No. 75, 1922, enforced Jan. 1, 1924.
42
The Code of Criminal Procedure, Act No. 131, June 10, 1948, enforced Jan. 1, 1949.
43
Masahito Inouye, Keiji-Saiban ni taisuru Teigen (Proposals to Improve Criminal Trial Proceedings), SHIHO-KENSHUSHORONSHU, No. 85 (1991), pp. 94-96; id., Keiji-Shiho Kaikaku wa Nani wo Kaeruka? (Criminal Justice Reform: What Will It
Change?) (1), LAW & PRACTICE No.10 (2016), pp. 7-16. See also Kazumasa Ishii, Waga-kuni Keiji-shiho no Tokushoku to sono
Kozai (Distinctive Features of the Japanese Criminal Justice and their Merits and Demerits) SHIHO-KENSHUSHO RONSHU, No.
79 (1987), pp. 304 et seq.
44
CCP art. 248 gives to the prosecutor wide discretion not to initiate prosecution if it is deemed unnecessary “owing to thecharacter, age and environment of the offender, gravity and circumstances of the offense, and situation after it.”
37
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less costly disposition of mass of uncontested cases in the system without an expedient method of guilty plea.
But even in contested cases, critics have pointed out that trial courts are very lenient in admitting
documentary evidence. Trial judges, in their quest for the whole picture of the case, are inclined to examine alarge amount of this and other evidence and, based upon it, to make detailed fact-finding even on uncontested
issues, including the motives and personal background of the defendant. In such a way, investigative
questioning of the suspect and witnesses could substantially affect the trial.
These features, collectively called “seimitsu shiho” (minute justice), were so unique that a prominent
scholar compared them to the epidemic species which Charles Darwin observed on the isolated Galápagos
Islands45.
Critics even denounced such a structured practice as pathological and abnormal46 in terms that, deviating
far from the original ideal of the adversary system, the criminal trial was deprived of its substance as alegitimate forum for the disposition of each case on the basis of open, fair and lively contests between two
parties. They further criticized that excessive eagerness of the police and prosecutors to obtain detailed
confessions from the suspects should necessarily cause undue infringement on human rights as well as false
confessions, which in turn should lead to serious miscarriage of justice.
Against such criticism, there existed quite opposite opinions that rebutted the criticism as unfounded or
one-sided. Some of them even praised the criminal justice system as contributing much to making Japan thesafest country in the world47.
But, it is undeniable, at least, that the investigation of crime and its proof at trial relied too much upon theinvestigative questioning of the suspects and the written records of their statements and that such excessive
reliance had detrimental side-effects. To the general public as well, the nontransparent features disturbed
their understanding of, and trust in, the whole system. Although most criminal trials under the existing
system were managed promptly, several high-profile cases in which trials took a considerable period of timecaused the peopleʼs loss of trust in the criminal justice system.
B. Purposes and Items of the Reform
The basic direction of reform, therefore, must be to realize efficient and effective trial proceedings
through active allegation and presentation of evidence by the parties, preferably relying on live testimony incourt rather than documentary records of out-of-court statements, and focusing on truly contested issues, inconcentrated proceedings. The introduction of a public participation system, in the JSRCʼs opinion, shouldmake the demand for such reform even more pronounced because it could not be expected for participating
citizens to serve for a long period of time or to read voluminous documentary evidence48.
For that purpose, the Code of Criminal Procedure (CCP) was revised, on the recommendations of theJSRC, to introduce several measures, including a new preparatory procedure (the pretrial or intermediatearrangement procedure) in which contested issues would be sorted out on the basis of appropriate disclosureof evidence between two parties according to a new framework set forth by law as described in Section IV, C2, and a clear plan for trial proceedings could be established in advance49. The pretrial arrangement
procedure is mandatory for the cases subject to the Saiban-in trial50.

KOYA MATSUO, KEIJIHO-GAKU NO CHIHEI (Horizon of Criminal Law Jurisprudence) (2006), p. 9; id., Keiji Saiban to
Kokukmin Sanka (Criminal Trials and Citizens’ Participation), HOSO JIHO Vol. 60. No. 9 (2008), p. 13.
46
Ryuichi Hirano, Genko Kiji-sosho no Shindan (Diagnosis of the Current Japanese Criminal Procedure), in DANDOSHIGEMITSU HAKASE KOKI SHKUGA RONBUNSHU (Essays in Celebration for the 70th Anniversary of the Birth of Justice
Shigemitsu Dando), Vol. 4 (1985), pp. 407 et seq.
47
E.g., Yoshihusa Nakayama, Nihon no Keiji-shiho no Tokushoku: Saiban no Tachiba kara ((Distinctive Features of the JapaneseCriminal Justice from the Viewpoint of a Judge), KEIJI TETSUDUKI, Vol.1 (M. Mitsui et. al ed., 1988), pp. 1 et seq.; Kazuo
Kawakami, Nihon no Keiji-shiho no Tokushoku: Kensatu no Tachiba kara (Distinctive Features of the Japanese Criminal Justicefrom the Viewpoint of a Public Prosecutor), id., pp. 11 et seq.; Takeshi Tsuchimoto, Mou-Hitotsu no Shindan ─ Waga Keiji Shiho
wa “Byoteki” ka (Another Diagnosis: Is Our Criminal Justice “Pathological”?), KENSHU No. 492 (1989), pp. 3 et seq.
48
Recommendations of the JSRC, supra note 34, Chap. II, Part. 2, 1.
49
CCP arts. 316-2 through 316-32.
50
Saiban-in Act art. 49.
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The public criminal defense system, which previously had been available only to defendants after publicprosecution51, also was enlarged to the suspects detained for an offense punishable with the death penalty, life
imprisonment or imprisonment for more than three years52. This would provide appropriate legal support tosuspects and defendants continuously from the early stage so that the defense could prepare adequately forthe pretrial arrangement procedure as well as the concentrated trial proceedings, including the Saiban-in
trials. A special public entity, the Japan Legal Support Center, was established to manage the combined
public criminal defense system for suspects and defendants in cooperation with bar associations and to
supplement the insufficiency of available local defense lawyers with its own staff attorneys.
Based upon these arrangements, the principle of consecutive trial proceedings was reconfirmed53.

IV. IMPACTS OF THE REFORMS AND NEW CHALLENGES
A. Acceptance of the Saiban-in System
1. Constitutional Legitimacy
Even after the enforcement of the Saiban-in Act, strong opposition has still continued in and outside thelegal profession. Many lawyers, including former well-known criminal law judges and prosecutors, havepublicized opinions attacking the new system for various reasons. Some have stuck to the conventional belief,or even natural repugnance, that justice might be spoiled by unrestrained, emotional judgments of lay people.
Others attacked it for its unconstitutionality in terms of violating the defendantʼs right to trial by an impartial
tribunal54 as well as imposing on the people the obligation to serve as Saiban-in and other accompanying
undue burdens in violation of their right to the pursuit of happiness55, freedom from involuntary servitude56,
freedom of thought and conscience57 and so on58.
Practically, however, the legitimacy of the Saiban-in system has been established since the Supreme
Court rejected these constitutional claims in a series of judgments and decisions59.
2. Public AcceptanceFurthermore, until the Saiban-in trials actually began, not only the press, but also many people concerned
were more or less anxious if the Saiban-in system would be welcomed by the public and if they really would
come to participate when they were summoned for Saiban-in duties. Various official and nonofficial
questionnaire surveys had revealed that only a limited percentage of the respondents expressed their
willingness to participate (Figure 360).
Under the current Constitution and the CCP before its revision of 2004, all the suspects and defendants had the right to retain
his/her own defense counsel (Const. arts. 34 and 37, sec. 3; CCP art. 30; CCP art. 30). In addition to that, the defendants, whichmeans those who are publicly prosecuted, are also guaranteed the right to have a defense counsel assigned by the court in casehe/she cannot retain one on his/her own (Const. art. 37 sec. 3; CCP art. 36).
52
CCP art. 37-2.
53
CCP art. 281-6.
54
Const. arts. 32 and 37.
55
Const. art. 13.
56
Const. art. 18.
57
Const. art. 19.
58
E.g., Taro Okubo, Saiban-in Seido Hihan (zoku) (Criticism Against the Saiban-in System: a Sequel), part 1, HANREI JIHO No.
1172 (2002), p. 3; Toshimaro Kojo, Saiban-in Seido no Goken-sei (Constitutionality of the Saiban-in System), GENDAI KEIJI-HO
Vol. 6, No. 5 (2004), p. 24; KIICHI NISHINO, SAIBAN-IN SEIDO HIHAN (Criticism Against the Saiban-in System) (2008), pp. 79 et
seq.
There have been many published articles analyzing and rebutting these arguments. E.g., Masakazu Doi, Nihonkoku Kenpo to
Kokumin no Shiho-Sanka (the Constitution of Japan and Citizen Participation in the Justice System), in HENYO SURU TOCHISYSTEM (Ruling System in Transformation) (M. Doi ed. 2007), pp. 241 et seq.
59
Sup. Ct. (Grand Bench) judgment of Nov. 16, 2011, KEISHU Vol. 65, No. 8, p. 1285; Sup. Ct. (2nd Petty Bench) judgment of Jan.
13, 2012, KEISHU Vol. 66, No.1, p. 1; Sup. Ct. (2nd Petty Bench) judgment of March 2, 2012, SAIBANSHU KEIJI No. 307, p. 695;
Sup. Ct. (3rd Petty Bench) judgment of March 6, 2012, SAIBANSHU KEIJI No. 307, p. 699; Sup. Ct. (3rd Petty Bench) judgmentof March 6, 2012, SAIBANSHU KEIJI No. 307, p. 709; Sup. Ct. (3rd Petty Bench) judgment of March 27, 2012, SAIBANSHUKEIJI No. 307, p. 767; Sup. Ct. (3rd Petty Bench) judgment of Oct. 16, 2012, SAIBANSHU KEIJI No. 308, p. 255; Sup. Ct. (1st Petty
Bench) judgment of Dec. 6, 2012, SAIBANSHU KEIJI No. 309, p. 67; Sup. Ct. (3rd Petty Bench) judgment of Sep. 2, 2014,
SAIBANSHU KEIJI No. 314, p. 267. See also Sup. Ct. (3rd Petty Bench) judgment of March 10, 2015, KEISHU Vol. 69, No. 2, p.
219.
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I was a little more optimistic because it is rather natural for the people to be inclined to avoid suchburdensome duties, and their actual behavior might be different from their response to hypotheticalquestionnaires. As a matter of fact, nearly half of the respondents answered that they would participate if
they were legally obliged to do so61.
It has turned out that 72.6% of those summoned to the court for Saiban-in selection showed up (Figure 2),
and once selected, most of the Saiban-in served until the closing of the trial. This is partly due to the generous
policy of the judiciary to excuse flexibly and generously prospective Saiban-in from the duty on theirapplication for various reasons62.
It is not without worries. There has been no substantial change in the public response to subsequent
questionnaire surveys about their willingness to participate (Figure 3). While the rate of prospective Saibanin excused in the selection process (see Figure 2) increased from 53. 1% in 2009 to 66. 0% in 2017, theattendance rate of those summoned to the Saiban-in selection proceeding in the court decreased from 83.9%
to 64.8% in the same period63. There have been serious discussions, in and out of the judiciary, about how to
improve such situation on the basis of its cause analysis64.
Still, a sufficient number of candidates have shown up to execute a proper selection of Saiban-in for eachcase. A fair cross-section of the society is generally secured in the composition of Saiban-in (Figures 4-1, 4-2,
4-365). Once they were selected, almost all of them served very diligently and sincerely. It is reported that,even in a relatively minor, uncontested case, Saiban-in do not like to dispose of it in one day; they preferspending time to examine and decide carefully because they are conscious of the effects their judgment could
have on the defendantʼs life. That is why a certain amount of time is usually spared for, among others, thefinal deliberation even in uncontested cases66. Also, an overwhelming majority of those who actually served
as Saiban-in or supplementary Saiban-in, including those who had been unwilling or reluctant to participate
before it, evaluate the experience very positively (Figure 567).
Thanks to their sincere and serious involvement, Saiban-in trials in general are operating smoothly andeffectively so far. It seems that the system has been accepted by the people in spite of the occasional media
coverage of sensational cases in which difficulties and excessive burdens on Saiban-in are emphasized.

According to the result of the officially entrusted survey on public awareness right before the enforcement of the Saiban-insystem, only 4.4% of the respondents wished, and 11.1% were ready, to participate while 37.6% wouldnʼt do so even if it were
their legal obligation. Saiko Saibansho Jimu-sokyoku, Saiban-in Seido ni kansuru Ishiki Chosa Kekka Hokokusho (General
Secretariat of the Supreme Court, Report of the Survey on Public Awareness concerning the Saiban-in System) (Mar. 2008), p. 22.
61
Ib.
62
The top five reasons for excusing prospective Saiban-in at their request in 2016 are (1) important business matters (49.9%), (2)mental/financial disadvantage (27.8%), (3) illness/injury (4.5%), (4) care for a family member (4.4%) and (5) hospitalization of afamily member etc. (2.2%). Saiko Saibansho Jimu-sokyoku, Heisei 28 nen ni okeru Saiban-in Saiban no Jissi-jokyo tou ni kansuru
Shiryo (General Secretariat of the Supreme Court, Materials on the Enforcement Situation of Saiban-in Trials in 2016) (June2017), p. 23.
63
Saiko Saibansho Jimu-sokyoku, supra note 9, p. 5.
64
A recent officially entrusted cause analysis by a nongovernmental institute has pointed out the five most probable causes
inducing both the increase in the rate of prospective Saiban-in excused upon request and the decrease in the attendance rate ofthose summoned to the Saiban-in selection proceeding: (1) lengthening of trial schedule, (2) changes of employment situationsuch as shortage of workers and increase of non-regular employees, (3) aging of the population, (4) decrease in peopleʼs interest
in Saiban-in trials and (5) reduction of the number of Saiban-in candidates put on the master list. NTT Data Institute ofManagement Consulting, Inc., Saiban-in Kohosha no Jitai-ritsu Josho Shusseki-ritsu Teika no Gen-in Bunseki Gyomu Hokokusho(Diagnosis Report of the Increase in the Rate of Prospective Saiban-in Excused at their Request and the Decrease in the AttendanceRate of Those Summoned to the Saiban-in Selection Proceeding) (March 2017). The report also indicated that it should improve
the situation if they could reduce undelivered summons due to the absence of prospective Saiban-in by redelivering them.
65
Id., pp. 73-76 and Saiko Saibansho Jimu-sokyoku, Heisei 27 nen ni okeru Saiban-in Saiban no Jissi-jokyo tou ni kansuru Shiryo(General Secretariat of the Supreme Court, Materials on the Enforcement Situation of Saiban-in Trials in 2015) (June 2016), p. 28.
66
The average time spent for the final deliberation per one Saiban-in trial in the nearly nine years until the end of May 2018,
was 640.3 hours (501.1 in uncontested cases and 808.1 in contested cases). Those times have been getting even more prolonged,
from 504.4 hours (438.7 in uncontested cases and 623.4 in contested cases) in 2010 to 760.3 hours (580.3 and 916.6 respectively) in2017. Saiko Saibansho Jimu-sokyoku, supra note 9, p. 9.
67
Saiko Saibansho, Saiban-in tou Keikensha ni taisuru Anketo Chosa Kekka Hokokusho (Supreme Court, Report on the Resultsof the Questionnaires to Former Saiban-in and Supplementary Saiban-in) 2017 (March 2018), pp. 47 and 49.
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The publicity of many Saiban-in trials, including sensational capital cases, has contributed to the peopleʼsbetter understanding of the criminal justice system (Figure 668). Apparently, they have started thinking about
crime, punishment and the administration of the criminal justice system as matters of concern close tothemselves.
As Saiban-in trials become regular daily events, the media, and therefore the general public also, seem tobe losing their initially strong interest in them. Yet, on the other hand, a growing concern about, and a
spreading practice of, “ho-kyoiku” (law-related education) at high, junior high and primary schools after the
Justice System Reform, in which the Saiban-in system as well as criminal justice is a major subject69, areexpected to promote more substantial, long-lasting understanding and commitment among the next
generation of people. Thus, these basic changes might have a profound effect on Japanese criminal justice as awhole in the long run.
B. Transfiguration of Trial Proceedings
The introduction of the Saiban-in system has definitely been inducing a wide-range, overt or covert,
transformation of Japanese criminal procedure in various ways and is bringing about new challenges to copewith. The most covert and dramatic changes have been witnessed in trial proceedings.
1. Activation, Visualization and Concentration
In order to ensure meaningful participation of Saiban-in as well as to reasonably limit the burdens onthem, the Saiban-in Act requires judges, public prosecutors and defense counsel to make trial proceedings
speedy and easily understandable70. The Rules for Saiban-in Trials also provide that both parties shallpresent arguments and evidence in an easily understandable way so that each Saiban-in can form his/herown opinion based upon the trial hearings71.
In compliance with these directions, the judiciary, public prosecutorsʼ offices and bar associations,separately as well as collaboratively, have made continuous efforts to make their modes of presentation attrial as efficient and effective as possible by focusing on the key points, making full use of visualization
methods, and relying on live testimonies in court instead of documentary evidence.
At the initial stage, trial court judges and prosecutors, who would prefer saving time and unnecessary
burden upon witnesses, as well as defense counsel, who would not like to have the victim testify in person attrial, were inclined to agree on the use of written records of the witnessesʼ statements to the prosecutor or
the police, especially in uncontested cases. But, with persistent, repeated reminders and warnings from thejudiciary72, they have evidently changed their attitude in terms of relying much more on live testimony evenin uncontested cases73.
As a result, the sight of Japanese criminal trials has changed dramatically in terms of activation,
visualization and concentration, as far as Saiban-in cases are concerned.
2. Expediting
Then, have the trial proceedings actually become speedy and easily understandable for participating
citizens?

Saiko Saibansho Jimu-sokyoku, supra note 60, p. 43.
E.g., Homu-sho Ho-Kyoiku Project Team, Chugakusei muke Kyozai: Saiban-in Seido (Ministry of Justice Law-related Education
Project Team, Teaching Materials on the Saiban-in System for Junior High School Students) 〔available at http://www.moj.go.
jp/keiji1/saibanin_info_saibanin_kyozai.html〕;id., Keiji Shiho ni tsuite Kangaeyo (Let’s Think About Criminal Justice)〔available
at http://www.moj.go.jp/housei/shihouhousei/index2.html〕.See also the Web-sites of the Japan Society for Law and Education〔http://gakkai.houkyouiku.jp/〕 and the Law-related Education Forum 〔http://www.houkyouiku.jp/〕
70
Saiban-in Act art. 51.
71
The Rules on the Criminal Trials with the Participation of Saiban-in, Sup. Ct. Rules No. 7, July 5, 2007, enforced, May 21, 2009,art. 42.
72
E.g., Chief Justice Hironobu Takesaki, Shin-nen no Kotoba (Words for the New Year), SAIBANSHO JIHO No. 1545 (2012), p. 1.
73
For instance, the average number of witnesses who testified at one Saiban-in trial have increased from 2.1 (1.5 in uncontested
cases and 3.3 in contested cases) in 2010 up to 3.1 (1.9 and 4.2, respectively) in 2017. Saiko Saibansho Jimu-sokyoku, supra note 9,
p. 8.
68
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According to the official statistics, the period of trial itself has been drastically shortened, from an averageof 6.5 months for previous trials involving the same offenses in the three years right before the enforcementof the Saiban-in Act down to 7.8 days for Saiban-in trials (in contested cases, from 10.8 months to 10.7 days)74.
While previous criminal trials sometimes took many years in big cases, there have been so far just twelve
Saiban-in trials that took or will take over two months (Table 7). Even in these cases, actual trial sessions took
less than 40 days and the rest were spared for interval or weekend recesses and final deliberation, except forthe ongoing longest case that is scheduled to take 207 days, including 76 trial sessions.
Undoubtedly, the longer the period, the higher the rate of prospective Saiban-in who ask to be excused,
and then the proper selection of Saiban-in becomes harder. In anticipation of such hardship, the Saiban-in Act
was revised in 2015 to empower the court to exclude from Saiban-in trial a case in which the selection orservice of Saiban-in is deemed difficult due to the extraordinary length of the scheduled trial period75. This
exclusion clause, however, has never been resorted to, even in the lengthy cases listed in Table 7 in which
trials were held after the enforcement of the revision76.
It should not be overlooked that the pretrial arrangement procedures for Saiban-in trials have taken an
average of 6.9 months (8.8 months in contested cases) and the period has been lengthening from 5.4 months(6.8 months in contested cases) in 2010 to 8.3 months (10.0 months in contested cases) in 2017. It takes over a
year or more in a substantial number of cases77.
Although this is attributable, to a considerable extent, to additional charges filed subsequent to the initial
indictment as well as psychiatric examination of the defendant which would suspend the proceedings formonths, some point out that it takes time for the defense to respond to the prosecutorʼs offer of proof and to
make their allegations after discovery of evidence, which sometimes takes many days. Improvements havebeen under discussion in and out the judiciary.
3. Understandability
The majority of former Saiban-in evaluate the trial proceedings in their cases as easily understandable(Figure 878). At one time, negative respondents increased, though still less than 10%. Worried that this might
be attributable to a revival of easy reliance on documentary evidence in uncontested cases, the judiciary
warned repeatedly against such a practice, with the result of a decrease in the rate of negative responses.
However, the understandability of the presentations and arguments by defense counsel are evaluatedremarkably lower than the performances of professional judges and prosecutors (Figure 979). Although they
are in a disadvantageous position of speaking even for the client who makes incoherent or unreasonableassertions, it might be caused by total reliance on the style and ability of each individual defense lawyer
without sufficient systematic training. The bar associations have been seriously trying to cope with thischallenge, for instance, by holding special seminars to improve defense lawyersʼ in-court performances andskills80.

Saiko Saibansho Jimu-sokyoku, Saiban-in Saiban Jissi Jokyo no Kensho Hokoku (General Secretariat of the Supreme Court,
Report of the Examination on the Enforcement Situation of Saiban-in Trials) (Dec. 2012), pp. 40-41; Id., supra note 9, p. 6.
75
The Act to Revise a Part of the Act for the Participation of Saiban-in in Criminal Trials, Act No. 37, June 12. 2015, enforced
Dec. 12 the same year.
76
In eleven out of the twelve lengthy cases listed in Table 7, no substantial trouble was reported in the selection of Saiban-in or
their service in spite of much more prospective Saiban-in being excused than in ordinary cases. However, in the remaining
longest case in which the trial is still in progress at a pace of four sessions a week, three out of the six Saiban-in have alreadybeen discharged at their request within forty days from the beginning of the trial. Although the vacancies have been filled bythree of the six supplementary Saiban-in, there is concern that the trial proceedings should be suspended and considerably
delayed due to the additional Saiban-in selection in case four more Saiban-in are discharged. Kobe Shinbun NEXT, June 29,
2018.
77
Saiko Saibansho Jimu-sokyoku, supra note 9, p. 6.
78
Saiko Saibansho, supra note 67, p. 18.
79
Id., p. 20.
80
See e.g., Masashi Akita, Bengonin kara Mita Saiban-in Saiban (Saiban-in Trials from the Viewpoint of a Defense Counsel), HO
NO SHIHAI No. 177 (2015), pp. 77-79.
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4. Other Cases
As described above, the JSRC recommended that the activation, concentration and expediting should be
realized in all criminal trials, not limited to Saiban-in trials, which the Council expected would give a decisive
motive to promote such changes. However, Saiban-in trials account for only a small percentage of all criminal
trials. As a matter of fact, trials in non-Saiban-in cases do not appear to have changed much so far, probably
because those concerned have been too occupied by implementing and managing Saiban-in trials to spare
their energy for other regular cases.
Realistically, there is a need to dispose of the many uncontested cases efficiently as well as to avoid
unnecessary burdens on witnesses. Consecutive, concentrated trial proceedings relying mainly on oral
testimony will not be suitable for cases involving tax violations as well as business or financial offenses, forinstance, in which a large amount of documentary evidence is to be examined.
However, it is evidently undesirable that Saiban-in and non-Saiban-in trials are administered in two
different ways, causing the appearance of “justice by double-standard.81” Discussions and efforts for further
changes in this respect have just begun among concerned judges and others.
C. New Challenges and Developments of Judicial Precedents
1. Overview
The introduction of the Saiban-in system has produced various new challenges to the existing criminal
procedure. As mentioned above, the CCP was revised in preparation for several predictable challenges. Still,
new challenges have come up through the continuous efforts in practice to effectively realize the purposes of
those statutory revisions as well as the Saiban-in system itself. It is noteworthy that, contrary to theirconventional negativism, the Supreme Court and other courts have actively and promptly, or even inadvance, addressed many of them, with the result of remarkable developments of judicial precedents.
Although the courts adopted such new precedents apparently in anticipation of Saiban-in trials, they did
so technically by interpreting related statutory provisions that apply to all cases, including those to be triedby professional-judge courts. Therefore, the new precedents impact the whole system. At the same time, theyin turn have brought about further challenges that call for serious efforts to cope with.
2. Disclosure of Evidence
Disclosure of evidence had long been a matter of heated disputes before the new system was adopted by
the 2004 revision of the CCP. Under the new system, the defense may have a three-phased disclosure ofevidence from the prosecution in the course of the pretrial arrangement procedure82. First, the prosecutor
shall submit to the defense a document describing the facts he/she plans to prove and disclose all theevidence he/she has requested to examine, including some written record of investigative questioning or adocument indicating how each prosecution witness is supposed to testify at trial. Second, upon the request of
the defense, the prosecutor shall disclose to the defense several categories of evidence (tangible evidence,
results of expert examination, recorded former statements of the defendant as well as prosecution witnessesetc.) deemed important to evaluate the credibility of the prosecutionʼs evidence, if the prosecutor deems it
appropriate considering the extent of necessity for the defense and the extent of possible harm the disclosure
might cause. Third, when the defense requests after revealing the facts they plan to prove and otherallegations they intend to make, the prosecutor shall disclose to the defense the evidence which is deemed
relevant to those facts and allegations if the prosecutor deems it appropriate based on similar considerations.
The defense, if discontented with the prosecutorʼs disclosure or non-disclosure at any phase, may request
review by the trial court (the professional judges in the Saiban-in cases), which may order the prosecutor todisclose particular evidence to the defense if it is deemed appropriate83.
In practice, it is reported that the public prosecutorsʼ offices use their discretion generously to disclose theevidence much earlier and more widely than required by law, and that the defense will have access to any
evidence they would need in most cases.
E.g., Zadankai, Saiban-in Seido no Genjo to Kadai (Round-table Talk, Present Situation and Challenges of the Saiban-in System)
HO NO SHIHAI No. 177 (2015), pp. 39-41 (remarks of Yukihiko Imasaki and Yutaka Osawa).
82
CCP arts. 316-13 through 316-20.
83
CCP arts. 315-25 through 315-27.
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Still, there remain several points at issue. One of them is whether the disclosure required by law is limited
to the evidence which is actually in the custody of the prosecutor. Although some concerned lawyers opined
differently, the drafters of the new disclosure procedure apparently had such evidence in mind84.
Therefore, it is rather amazing that in 2007 and 2008 the Supreme Court, emphasizing the purpose of thedisclosure procedure, adopted a liberal interpretation that items (such as the police officersʼ memoranda of
their questioning of the suspect) not filed in the prosecutorsʼ office also should be subject to disclosure as longas it had been made or obtained during the investigation of the instant case, and was in the custody of a public
official and easily obtainable for the prosecutor85. Discussions have been continuing on how far the scope ofthe decision extends.
Defense lawyers have kept demanding a list of all the evidence in the prosecutorsʼ custody to be disclosed
at an early stage of the pretrial arrangement procedure so that they could make their requests for disclosure
more effectively. This demand would eventually become accepted in large part by the subsequent criminal
justice reforms as described later in Section V.
3. Law of Evidence(a) Overview
After the current CCP adopted such evidentiary rules as the exclusion of involuntary confession and thatof hearsay evidence86, which were totally novel at that time, Japanese scholars and lawyers eagerly studied
the American law of evidence. Since then, various basic principles of American evidentiary law have beenshared commonly in the Japanese legal world. Many pages in criminal procedure textbooks and many hours
in criminal procedure classes at law schools are spared on the law of evidence.
As a matter of fact, there have been few substantial developments in the actual evidentiary rules otherthan the original exclusionary rules of illegally obtained evidence and confession that the Supreme Court andlower courts have adopted87. I suppose this might be attributable largely to the lack of lay participation
because professional judges, who are authorized both to admit and to evaluate the evidence, prefer handling itat their discretion to being bound by inflexible rules.
However, the introduction of the Saiban-in system changed such structure. Participating lay persons must
be protected from possible prejudicial effects of inadequate evidence and guided by appropriate rules of proof
so that they could properly determine the facts of the case.
On such recognition, the Supreme Court of Japan and other high courts have been actively making newcase law on evidence as follows.
(b) Proof beyond a reasonable doubt
In the five-year preparation for the enforcement of the Saiban-in Act, judges, lawyers and scholars haveelaborated how to instruct or explain to participating lay citizens about difficult legal norms and terms inplain language so that they can understand the elements of each charged offense as a prerequisite for theirfact-finding as well as various principles of criminal procedure. Among others, proof beyond a reasonable
doubt was one of the hardest.
A model instruction used in the Tokyo District Court describes, “(a)lthough we cannot ascertain in person
if a particular fact existed in the past, ̶you shall find the defendant guilty in cases where, assessing inaccordance with common sense, you are convinced that he/she committed the indicted offense. On thecontrary, you shall find the defendant not guilty if, assessing in accordance with common sense, you have a
doubt about his/her guilt.”
E.g., Hiroyuki Tsuji, Keijisosho-ho no Ichibu wo Kaiseisuru Houritsu nitsuite (Commentaries on the Act to Revise Several Partsof the Code of Criminal Procedure) (2), HOSO JIHO Vol. 57, No. 8, p. 2311.
85
Sup. Ct. (3rd Petty Bench) decision of Dec. 25, KEISHU Vol. 61, No. 9, p. 895; Sup. Ct. (1st Petty Bench) decision of Sep. 30, 2008,
KEISHU Vol. 62, No. 8, p. 2753.
86
CCP arts. 319 and 320.
87
E.g., Sup. Ct. (1st Petty Bench) judgment of Sep. 7, 1978, KEISHU Vol. 32, No. 6, p. 1672; Tokyo High Court judgment of Sep. 4,
HANREI JIHO No. 1806, p. 144.
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Anticipating the enforcement of the Saiban-in Act, the Supreme Court itself indicated in advance in 2007
that proof beyond a reasonable doubt does not mean the nonexistence of any possibility of opposite facts, andthat, even when there is room to doubt if opposite facts exist as a matter of abstract possibility, the defendant
could be found guilty as far as, according to sound social common sense, such doubt is deemed to lackreasonableness88.
While it is not certain how effective such instructions are, I suppose that hours of group deliberation
among all the members of the court based on repeated explanation by the professional judges from an earlystage of the trial should help ease the hardship Saiban-in might feel in forming their own judgment.
(c) Proof by circumstantial evidence
The hardship for Saiban-in in this respect, if any, must be much bigger in cases where the proof of guilt
relies entirely on circumstantial evidence. As a matter of fact, there has long been a controversy even amongprofessional judges, lawyers and scholars about what should be required to fulfill the standard of proof
beyond a reasonable doubt in such a case. While one school of thought would think it sufficient if the court,
assessing comprehensively all the circumstantial evidence, reaches the judgment that the defendantʼs guilt isproved beyond a reasonable doubt, others would demand proof of at least one fact which is unexplainable
unless the defendant actually committed the charged offense.
Apparently in anticipation of the possible confusion such controversy could cause to Saiban-in trials, theSupreme Court declared in 2010 that a fact unexplainable or extremely difficult to explain unless thedefendant was the perpetrator of the charged offense must be included among the facts proved bycircumstantial evidence89.
Although there are divisions of opinion about the appropriateness of this ruling, it has actually had anevident effect on subsequent Saiban-in trials. As a matter of fact, right after the Supreme Courtʼs judgment, adefendant charged with robbery and murders of an elderly couple was found not guilty for the very reason
that such an unexplainable fact as required by the Supreme Court ruling was not included in the facts provedby circumstantial evidence. The Saiban-in trial court acquitted the defendant, despite the findings that his
fingerprints and cell debris found at the crime scene in the victimsʼ house aroused strong suspicion of his
breaking in and ransacking the house around the time of the robbery and murders in question and that his
total denial of entering the house was a lie90.
In another case, in which the Saiban-in trial court had convicted the defendant for setting fire to a car
owned by her loverʼs wife on circumstantial evidence, the appellate court reversed the conviction and found
her not guilty on the grounds that any fact proved by circumstantial evidence could be reasonably explainedeven if she was not the arsonist.91(d) Exclusion of similar fact evidence
In reference to the Anglo-American law of evidence, it has long been almost an established theory thatsimilar fact or bad character evidence such as the defendantʼs previous convictions for, or criminal records of,similar offenses should not be admissible to prove his/her guilt unless it involves a significantly characteristic
modus operandi common to the instant case or it is used for a limited purpose of proving the defendantʼscriminal intent when his/her committal is proved by other evidence.
Actually, it was not necessarily clear where to draw the dividing line between the principle and its
exceptions in a concrete case.
In a cause célèbre where the defendant was charged with killing four neighbors and injuring many others
by serving them arsenic-poisoned curry and rice at a local festival, the prosecutors produced as a evidence ofher guilt the proof that she had attempted to murder her husband and an employee for insurance money byserving them foods containing arsenic repeatedly. The prosecutors also produced the proof that she hadSup. Ct. (1st Petty Bench) decision of Oct. 16, 2007, KEISHU Vol. 61, No. 7, p. 677.
Sup. Ct. (3rd Petty Bench) judgment of Apr. 27, 2010, KEISHU Vol. 64, No. 3, p. 233.
90
Kagoshima Dist. Ct. judgment of Dec. 10, 2010, HANREI HISHO L06550725.
91
Fukuoka High Ct. judgment of Nov. 2, 2011, HANREI HISHO L06620534.
88
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served foods containing arsenic or sleeping drug to her acquaintances for the same purpose. Despite thedifferences in the motive and other circumstances from the instant case, the trial court consisting ofprofessional judges admitted them92 and found the defendant guilty, inferring her committal from the facts ofher three attempted murders and one previous similar act involving the use of arsenic on top of othercircumstantial evidence. The appellate court found inappropriate the admission of the proof concerning theuse of sleeping drug, but still affirmed the trial courtʼs judgment93.
After the introduction of the Saiban-in system, however, courts have become more conscientious and selfrestrictive about the problem.
In a case involving alleged trespass, theft and arson, the defendant admitted he stole into the victimʼsempty apartment and took a small amount of money, but denied his involvement in setting fire there, though
it happened within the same six-hour time range before dawn. The professional judges of the Saiban-in trial
court rejected the prosecutionʼs proof of his involvement in the arson by the facts that he had been convicted
some 17 years earlier for at least 10 cases of similar trespass, theft and arson, and the court found him not
guilty on the charge of the arson. This judgment was reversed by the appellate court, which found thedefendantʼs previous convictions for similar offenses admissible because of their similarity to the instant caseboth in terms of his habit of setting fire to heating oil in the dwelling and in his frustration over the lack ofvaluable property within the dwelling as the motive for doing so94.
On appeal, however, the Supreme Court quashed the appellate court judgment, proclaiming that theevidence of the defendantʼs previous convictions for similar offenses should not be admitted to prove hiscommittal of the charged offense unless the previous criminal acts had such significant characteristics
considerably similar to the charged criminal act as to enable by themselves a reasonable inference that theidentical person committed both the former and the latter offenses. Such evidence, the Court reasoned, tends
to lead to an empirically unfounded personal evaluation of the defendantʼs criminal tendency, which in turn
could cause a wrongful inference of the defendantʼs committal in the instant case95.
Five and a half months later, the Supreme Court further reconfirmed that the ruling should extend to thesimilar criminal acts other than the previous convictions of the defendant96.
These rulings, however, have left a difficult question: in what sense and to what extent the characteristics
common to the previous criminal acts and the charged criminal act must be significant before the exception
applies.
The difficulty is even more amplified when we take into account the concurring opinion of Justice
Kanetsuki to the second Supreme Court decision. He mentioned that a further exception could be admitted incases where a number of similar offenses repeated by the same defendant in the same short period of time as
the charged offense in question are indicted and tried simultaneously in the same proceedings97. As Justice
Kanetsuki was a prominent criminal law judge, its implication over the scope of the Supreme Court rulings
seems to demand detailed analysis98.
Indeed, a somewhat similar view to his indicated exception has been adopted by an appellate court inanother cause célèbre called “Metropolitan-area Serial Suspicious Death Cases.” The defendant was charged
Wakayama Dist. Ct. decision of Oct. 10, 2001, HANREI TIMES No. 1122, p. 132, sentencing the defendant to death.
Osaka High Ct. judgment of June 28, 2005, HANREI TIMES No. 1192, p. 186.
The defendantʼs jokoku appeal against the High Court judgment was rejected by the Supreme Court, which affirmed, without
any reference to the proof by similar facts, that the defendantʼs committal was proved beyond a reasonable doubt bycircumstantial evidence, including (1) the detection of arsenic of the same characteristic composition at the defendantʼs house,(2) that of arsenic component from her hair, (3) the fact that nobody other than the defendant had an opportunity to poison thecurry and (4) her suspicious behavior witnessed around the time and place of the offense. Sup. Ct. (3rd Petty Bench) judgment ofApr. 21, 2009, HANREI JIHO No. 2043, p. 153.
94
Tokyo High Ct. judgment of Mar. 29, 2011, HANREI TIMES No. 1354, p. 250, remanding the case to the Tokyo District Court
for a new Saiban-in trial.
95
Sup. Ct. (2nd Petty Bench) judgment of Sep. 7, 2012, KEISHU Vol. 66, No. 9, p. 907.
96
Sup. Ct. (1st Petty Bench) decision of Feb. 20, 2013, KEISHU Vol. 67, No. 2, p. 1.
97
Id., p. 5.
92
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with, among others, killing in a relatively short time period of eight months two middle-aged men, whom she
met on online dating sites and allegedly cheated them out of their money with a false promise of marriage,and one 80 year old man, whom she frequently visited and allegedly stole property from, by firing a briquetteto generate carbon monoxide gas inside a sealed car, apartment and house, respectively, where she allegedly
left her victims behind after drugging them with sleeping pills. At the trial, the defense rebutted, in vain, thatthe deaths of her two boyfriends possibly were suicides and the third victim possibly was killed by anaccidental fire in his dwelling. The Saiban-in trial court found her guilty on all the charges and sentenced her
to death99.
On appeal, the Tokyo High Court affirmed the trial court judgment, rejecting the defendantʼs challenge
against the prosecutorsʼ reference in the closing argument to a set of common features shared by all the threemurders: (1) that the defendant had prepared a large amount of briquettes and heating appliances in advance,(2) that she was the last person who saw the victim, (3) that the victim died of carbon monoxide poisoning, (4)that there remained at the scenes the same kind of briquettes and burning appliance as she had prepared, and(5) that she killed the victim by burning a briquette inside a sealed place after putting each victim to sleep.
The prosecutorsʼ argument that either of the defendantʼs criminal acts of special modus operandi, if proven,should be admissible as evidence of her committal of another criminal act of similar special modus operandi,
the High Court held, was not in contradiction with the above-mentioned Supreme Court rulings because thecommon features, when considered together, were strikingly similar to the criminal act to be proven.100
4. Appellate Review of Fact-Finding(a) Law and practice of appellate review before and after the introduction of the Saiban-in system
In the course of the justice system reform, there was a discussion whether an appellate court consistingexclusively of professional judges could be justified to review and reverse the guilty/not-guilty finding or asentence of the Saiban-in trial court solely based on documentary records without diminishing the purpose of
public participation.
In this regard, the CCP of 1948 made a drastic change to its criminal appeal system from the former law
under which the second instance court (mainly the High Court), on appeal (koso) would hold a huku-shin (newtrial) just the same way as the first instance trial court, while the highest Court of Grand Instance, on further
appeal (jokoku), would review, in principle, only legal issues involved in the lower court judgments anddecisions. As the Supreme Court, newly founded in place of the latter court, was assigned by the current
Constitution to carry out the most important task of reviewing the constitutionality of statutes and otherofficial actions101 as well as to unify judicial precedents only by fifteen Justices, it was mandated to shift thetask of reviewing ordinal legal issues onto the High Courts, of which works in turn also had to be reasonably
The Supreme Court rulings do not mean to further prohibit the production of the defendantʼs previous convictions or criminal
records of similar offenses as sentencing material. In this regard, a group of scholars and lawyers have been stressing thenecessity to bifurcate the trial hearing into two phases of guilt-finding and sentencing in order to prevent prejudicial influence ofsentencing materials on Saiban-in. However, a majority, with which I concur, prefers a more flexible solution. In uncontested
cases, it would be inappropriate to bother the same witness testifying on the matters relating to both guilt and sentence to show
up to the court multiple times. In contested cases, the hearing as well as the intermediate deliberation among the members of
the court could be divided into multiple phases, not necessarily the above two, but possibly more according to separate issues
raised in each case, by an appropriate exercise of discretion by the professional judges in the pretrial arrangement procedure.
Repeated instruction by the presiding judge also could help Saiban-in to save themselves consciously from possible prejudicial
influence of sentencing materials. As each Saiban-in is supposed to state the reason for his/her judgment in the deliberation, it
should be checked and corrected by other Saiban-in and professional judges even if any one of them had made his/her
judgment unreasonably. As a matter of fact, there have been no grounds to suspect such a flexible solution does not work. See
Hosei Shingikai Sin-Jidai no Keiji-shiho Seido Tokubetsu Bukai, Jidai ni sokushita Aratana Keiji-s Seido no Kihon Koso (Council
on Legislation Special Division on the Criminal Justice System in the New Era, Basic Plans for the New Criminal Justice System
Responding to the Demands of the Times) (Jan. 2013), p. 34 〔available at http://www.moj.go.jp/content/000106628.pdf〕; Homusho Saiban-in Seido ni kansuru Kento-kai, Torimatome Hokoku-sho (Ministry of Justice Deliberation Committee on the Saiban-in
System, A Summary Report) (June 2013), pp. 29-30 〔available at http://www.moj.go.jp/content/000112006.pdf〕.
99
Saitama Dist. Ct. judgment of Apr. 13, 2012, HANREI HISHO L06750221.
100
Tokyo High Ct. judgment of Mar. 21, 2014, LEX/DB 25503368, dismissing the defendantʼs allegation that the trial court
unlawfully failed to make the prosecutors correct their final argument to prevent prejudicial effect on the guilt finding by the
Saiban-in, though the trial court actually did not rely, at least explicitly, on the similar fact evidence as argued for by theprosecutors.
101
Const. art. 81.
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reduced and rearranged. Thus, although the koso appeal against trial court judgments for mistake of factfinding or inappropriate sentence is retained in the current CCP102, the task of the second instance court islimited principally to doing “jigo-shinsa” (post-fact review) on the basis of the trial records, whether suchprejudicial mistake of fact-finding existed in the trial court judgment or its sentence was inappropriate as theappellant asserts.
At the same time, however, the CCP allows the appellant to refer to, and the appellate court to take into
consideration, changes in circumstances subsequent to the trial court judgment (such as the conclusion of
settlement between the defendant and the victim) as a factor that might make the trial courtʼs sentence
inappropriate103. It further gives the appellate court discretion to conduct an ex officio inquiry whether there
were any other detrimental errors in the trial court judgment than those asserted by the appellant and, if
necessary, to examine new evidence that is not included in the trial record104.
While such challenges against the guilty/not-guilty finding or the sentence of the trial courts actuallyaccounted for the overwhelming majority of koso appeals105, the High Courts, especially from the 1960s,
actively exercised this discretion. Many of them unhesitatingly examined old and new evidence in addition to
the trial record and rendered their own decisions on the defendantʼs guilt or the sentence to be imposed
rather than remanding the case to the original first instance court, even when they quashed the latterʼs
judgment106. Critiques have pointed out that this form of appellate review in practice has substantiallyassumed the nature of “zoku-shin” (successive trial) on top of the first instance trial.
Considering this situation, it appeared even more doubtful whether appellate review of the guilty/notguilty finding or sentence of a Saiban-in trial court could be justified.
Despite such doubt, it was a majority opinion of the JSRC that appellate review is indispensable to remedy
mistakes of fact-finding and inappropriate sentences possibly caused even by Saiban-in trial courts107. And in
implementing the Councilʼs recommendation, the expert committee rather took a different approach of
substantially altering the above practice by inducing appellate courts to return to their originally intendedrole of post-fact review. Then, the appellate court, the committee thought, could be justified to reverse the
Saiban-in trial courtʼs judgment principally by carefully examining the trial record, a task which only
experienced professional judges would be qualified for.108 Hence there was no revision to relevant provisionsof the CCP.
Still, a very critical question had been presented to appellate court judges, asking how they actually could
and should execute their reviewing function properly while paying due respect to the judgment of the Saibanin trial court. Ever since the enactment of the Saiban-in Act, serious discussions had piled up109. Some people
stressed that appellate courts as the “last instance of facts” should not hesitate to fulfil their mission of finding
CCP arts. 381 and 382.
CCP arts. 382-2, 393, 397, sec. 2, added by the 1953 revision of the CCP.
104
CCP art. 392, sec. 2 and art. 393, sec. 1. See also Sup. Ct. (1st Petty Bench) decision of Sep. 20, 1984, KEISHU Vol. 38, No. 9, p.
2810, affirming the appellate courtʼs discretion to examine new evidence as far as it relates to the fact that existed before thetrial court judgement.
105
Among 76,199 criminal koso appeals disposed of by all the High Courts in the nine years from 2000 to 2008, 74,066 (97.2%)
were those filed only by the defendants and 496 by both parties. 54,267 (72.8% of their total) were for the reason of inappropriate
sentence and 18,717 (25.1%) for the reason of mistake of fact-finding. Saiko Saibansho Jimu-sokyoku, Shiho Tokei Nenpo 2: Keijihen (General Secretariat of the Supreme Court, Annual Reports on Judicial Statistics, Part 2: Criminal Cases), 2000-2008, Table
44.
106
In 54,391 (71.4%) of all criminal koso appeal cases disposed of in the above nine years, appellate courts engaged themselves in
examination of the facts, including the questioning of the defendant (31.2%), examination of documentary or tangible evidence(34.55) or hearing of the witnessesʼ testimony (14.6%). As the result of these appellate reviews, trial court judgments were
quashed in 11,027 cases (14.5%), among which only 106 (0.14%) were remanded to the original or other first instance trial court.
Id., Tables 45 and 48.
107
Recommendations of the JSRC, supra note 34, Chap. IV, Part. 1, 1(4)c.
108
Masahito Inouye, “Kangaerareru Saiban-in Seido no Gaiyo nitsuite” no Setsumei (Commentaries on the Chairperson’s
Tentative Draft “the Outlines of a Thinkable Saiban-in System”) (Oct. 28, 2003), Part 3, 5〔available at http://www.kantei.go.
jp/jp/singi/sihou/kentoukai/saibanin/dai28/28siryou3.pdf〕.
109
Cf. Sukeaki Tatsuoka, Joso-shin no Arikata (How the Appellate Review on the Saiban-in Trial Court’s Judgment Should Be),
RONKYU JURIST No. 2 (2012), pp. 77 et seq.
102
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the true facts and securing justice being done even in Saiban-in cases. Others who would pay maximum
respect to the results of Saiban-in trials, in contrast, demanded limited appellate review, under which theappellate court could or should not reverse the Saiban-in trial court judgment unless its fact-finding involves
substantial violation of rules of inference or thumb, or its sentence evidently exceeds a reasonably allowable
range.
As a matter of fact, for a couple of years right after the beginning of Saiban-in trials, prosecutors rarely
filed an appeal against the Saiban-in trial court judgment, and appellate courts also were very careful inintervening in them110. As a growing number of contested, as well as uncontested, cases involving serious
offenses that might result in heavy sentences were put to Saiban-in trials in the following years, more appeals
were filed against their results, even by prosecutors, and appellate courts also began intervening more
actively, though it was most often for the reason of subsequent circumstances affecting the sentence thatthey quashed Saiban-in trial court judgments (Figures 11, 13, 15111.). Thus, the issue became more realistic
and urgent to resolve. Then in 2012, the Supreme Court at last defined its position for a limited appellate
review on possible mistake of fact-finding in the Saiban-in trial court judgment.
(b) Supreme Court judgment of 2012
As the result of customs inspection at the Narita International Airport, it was detected that the defendant,
an arriving passenger from Malaysia, carried three chocolate boxes containing some 1 kg of methamphetamine in his bag. He was charged for smuggling the stimulant drugs at the request of his acquaintance, but hedisputed his awareness of the contents of the chocolate boxes. He asserted that, in Malaysia where he went topick up a forged passport on behalf of that acquaintance, he was asked by a local person to bring the
chocolate boxes back to Japan as a souvenir. Despite the prosecutionʼs circumstantial proof that thedefendant was compensated for his travel to Malaysia by the person who had been indicted for smuggling
stimulant drugs, that he actually brought back the chocolate boxes containing stimulant drugs, that the boxes
were noticeably heavier that those containing only chocolates, and that he had behaved suspiciously during
the customs inspection, the Saiban-in trial court found him not guilty because the court could not become“certain according to common sense” that he was aware of the illegal drug being contained in the chocolateboxes (Chocolate Box Case)112.
Acquittals for similar reasons in several Saiban-in trials involving similar stimulant drug smuggling
followed this113, shocking public prosecutors and investigative agencies who had never imagined that such an
excuse as asserted by the defendant could be accepted by the court contrary to their “common sense.” Theirarguments against these trial court judgments were accepted by several appellate courts, which reversed thejudgments, including the one in the above Chocolate Box Case114. In most of those cases, appellate courts
found the defendants guilty, coming to the opposite conclusion based on their evaluation of the circumstantial
evidence.

Probably thanks to a series of serious discussions among appellate court judges about the right way of executing theirreviewing power, they seem to have become more careful not to overstep their basic role of post-fact review. For instance,
according to the official judicial statistics, the rate of the cases in which appellate courts examined facts dropped from 75.1% in2000 down to 47.6% in 2016. Saiko Saibansho Jimu-sokyoku, Shiho Tokei Nenpo 2: Keiji-hen (General Secretariat of the Supreme
Court, Annual Reports on Judicial Statistics, Part 2: Criminal Cases), 2000̶2016, Table 45. But, also note the latest symptom of
possible change described on page 93.
111
Saiko Saibansho Jimu-sokyoku, Saiban-in Saiban no Jissi-jokyo ni kansuru Sioryo Heisei 21-nen〜28-nen (General Secretariatof the Supreme Court, Materials on the Enforcement Situation of Saiban-in Trials, 2009—2016), Tables 69, 72 through 74.
112
Chiba Dist. Ct. judgment of June 22, 2010, KEISHU Vol. 66, No. 4, p. 549.
113
Until the end of March 2018, 33 defendants have been totally acquitted in cases involving stimulant drug offenses (see Table10); the acquittal rate (that of the totally acquitted defendants among those tried by Saiban-in trial courts) is 3.75%, much higher
than that (0.75%) in the Saiban-in trial cases in general. Table 10 and Saiko Saibansho Jimu-sokyoku, supra note 9, p. 4. The
number of acquittals by Saiban-in trial courts in stimulant drug cases must become larger when the partial acquittals in
multiple-count prosecutions are counted.
According to an official statistical study, the acquittal rate of Saiban-in trials was 0.47% (0.74%, counting in partial acquittals) ingeneral and 2.33% (2.62%) in stimulant drug cases in the three years after the enforcement of the Saiban-in Act while that ofprofessional judge trials involving the same categories of offenses was 0.6% (0.86%) in general and 0.56% (1.7%) in stimulant drugcases in the preceding three years. Saiko Saibansho Jimu-sokyoku, supra note 74, p. 46.
114
Tokyo High Ct. judgment of Mar. 30, 2011, KEISHU Vol. 66, No. 4, p. 559, finding the defendant guilty and sentencing him to
imprisonment for 10 years.
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The Supreme Court, however, quashed the appellate court judgment in the Chocolate Box Case115. On thebasic understanding that an appellate review of possible mistake of fact-finding in the trial court judgment
generally should be conducted from the viewpoint of whether the trial courtʼs evaluation of the credibility ofeach piece of evidence or its comprehensive assessment of all the evidence was unreasonable such as being inviolation of rules of inference or thumb, the Supreme Court stressed that such a limited approach should beobserved especially in relation to Saiban-in cases. The appellate court judgment in the instant case, the Court
concluded, failed to demonstrate concretely that the trial courtʼs fact-finding was unreasonable according torules of inference or thumb.
Thus, the controversy was settled theoretically. However, it is doubtful if the hardship for appellate court
judges has actually been eliminated or reduced. As a matter of fact, the appellate court judgments reversing
the acquittals in three other stimulant drug smuggling cases were, in contrast, affirmed subsequently by theSupreme Court116.
In the first case, the defendant, a foreigner coming recently from Mexico, allegedly attempted to receive
two cardboard boxes containing 6 kg of methamphetamine which his unknown accomplice had sent by air
freight from Mexico. The Saiban-in trial court, conceding that the defendant had a guess about the contentsof the air cargo when he was ordered by an organized crime member to receive it in Japan, found him not
guilty on the grounds that there remained a reasonable doubt about the existence of the conspiracy between
him and the alleged accomplice, which was not deemed “certain according to common sense.”117 Theappellate court reversed this judgment for the reason of the unreasonable fact-finding in contradiction withthe rules of thumb, according to which, in the appellate court opinion, a tacit agreement between them wasreasonably inferred from the facts that the defendant had received air tickets, a considerable amount ofcompensation as well as a portable computer for communication from the organized crime member andactually communicated with that person around the time of his arrival in Japan, in addition to the fact that he,being aware that the air cargo probably contained stimulant drugs, had agreed and actually attempted toreceive it in Japan at the request of that person118.
The second case was more similar to the above Chocolate Box Case in terms that the Saiban-in trial court
denied the defendantʼs awareness of some 2.5 kg of methamphetamine contained in his suitcase which was
detected by customs inspection on his arrival from Uganda by way of Benin and Paris. Conceding that the
involvement of an organized crime group was inferred from the quantity as well as the artful concealment of
the stimulant drugs, the court deemed it conceivable that some group member asked the defendant totransport the suitcase without letting him know its contents or its recipient in Japan119. The appellate court
found it against the rules of thumb to think that some organized crime group dared to enlist the defendant totransport the suitcase containing that amount of illegal drugs such a long way, bearing his travel expenses,
but without telling him the name of the recipient or the destination, and inferred from these and other facts
that he was aware that some illegal drugs were probably contained in the suitcase120.
The prosecution of an Iranian defendant in the third case for masterminding a conspiracy of smuggling
stimulant drugs for profit also arose from the detection of some 4 kg of methamphetamine as the result of
airport customs inspection of the suitcase of an arriving passenger (“D”) from Turkey. To prove thedefendantʼs guilt, the prosecution presented the statement of an alleged accomplice “A” that he engaged
himself in several activities to further the criminal enterprise at the defendantʼs command, the phone logs ofthe defendant, “A” and other accomplices which indicated frequent telephone communications among them,as well as the facts that the defendant went to the airport each time when stimulant drug carriers recruited
by “A” were supposed to arrive there over the preceding year and that the defendant earned a large amount
Sup. Ct. (1st Petty Bench) judgment of Feb. 13, 2012, KEISHU Vol. 66, No. 4, p. 482.
Sup. Ct. (3rd Petty Bench) decision of Apr. 16, 2013, KEISHU Vol. 67, No. 4, p. 549; Sup. Ct. (1st Petty Bench) decision of Oct.
21, 2013, KEISHU Vol. 67, No. 7, p. 755; Sup. Ct. (1st Petty Bench) decision of Mar. 10, 2014, SAIBANSHO JIHO No. 1599, p. 2.
117
Tokyo Dist. Ct. judgment of July 1, 2011, KEISHU Vol. 67, No. 4, p. 632.
118
Tokyo High Ct. judgment of Dec. 8, 2011, KEISHU Vol. 67, No. 4, p. 637, finding the defendant guilty and sentencing him to
imprisonment for 12 years.
119
Chiba Dist. Ct. judgment of June 17, 2011, KEISHU Vol. 67, No. 7, p. 853.
120
Tokyo High Ct. judgment of Apr. 4, 2012, KEISHU Vol. 67, No. 7, p. 858, finding the defendant guilty and sentencing him to
imprisonment for 10 years.
115
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of money in that period. The Saiban-in trial court, however, found the defendant not guilty on the reason thatthe statement of “A” was not reliable because of several inconsistencies with the call histories recorded in thephone logs. Based upon the statements of “D” and another accomplice that they heard a strange voice of somemale beside “A” when they talked with him on the phone and some other circumstantial evidence, the court
also mentioned that the charged smuggling possibly was commanded by a different person121. Quite
contrarily, a detailed analysis of the same evidence and some others led the appellate court to the findings (1)that the call histories lead to the strong inference that many of the telephone calls were related to thesmuggling and were consistent in large part with the statement of “A,” and (2) that the existence of an
unknown ringleader as mentioned by the trial court was only an unsupported abstract possibility. The trial
courtʼs contrary fact-finding and resulting denial of the defendantʼs involvement, the appellate court
concluded, were unreasonable according to rules of thumb122.
The Supreme Court affirmed all of the three appellate courtsʼ reversals of trial court judgments as
supported by a concrete demonstration that each trial courtʼs fact-finding was unreasonable in contradiction
with rules of thumb.
(c) Significance of the Supreme Court rulings
However, it is unclear how consistent the conclusions in the Chocolate Box Case and the three other cases
are. Although “rules of inference or thumb” were evidently the common key factors in these rulings, theSupreme Court did not specify what rules of inference or thumb were in question in each case. Even if we
could clarify it by a detailed analysis, it cannot be generalized or applied to other cases, because what rules ofinference or thumb, especially the latter, are relevant must vary in each case, depending on what fact is to be
proved, through what inference process and from what evidence.
Therefore, it has been left to the courts engaged in each individual case. Appellate court judges are
required to specify the applicable rules of inference or thumb so that they can exercise their authority toreview the trial courtʼs fact-finding appropriately in accordance with the Supreme Court rulings. The trial
court judges in their turn, in anticipation of possible appellate review, are supposed to have, and in Saiban-in
trials to make Saiban-in share, a clear idea of what, if any, rules of inference or thumb they should refer to in
their fact-finding in each individual case on trial. This does not seem to be an easy task for any of them.
Nevertheless, rather amazingly, the official judicial statistics indicate that appellate courts have not
become hesitant, but even a bit more active, in reviewing and reversing the fact-finding of Saiban-in trial
courts after the above Supreme Court rulings (Figure 15), which possibly have made them more confident inexecuting their reviewing power over the judgments of Saiban-in trial courts.
Moreover, the Supreme Court in subsequent cases either quashed or affirmed the appellate court
judgments that reversed professional judgesʼ as well Saiban-in trial courtsʼ convictions or acquittals ofdefendants, by checking if each appellate court complied with the requirements for reversal imposed by theabove Supreme Court rulings, without specifying what “rules of inference or thumb” were in question in eachcase123. The Court even quashed both the appellate court and the professional-judge trial court judgmentsthat convicted the defendant for stealing money out of the envelope the victim left on a desk in a bank. The
fact-finding of either court, in the Courtʼs majority opinion, was not reasonable “in violation of the rules ofinference or thumb” in termies of easily inferring the existence of the money in the envelope solely from the
Osaka Dist. Ct. judgment of Jan. 28, 2011, HANREI HISHO L06650051.
Osaka High Ct. judgment of Mar. 2, 2012, KOSAI KEIJI SOKUHOSHU 2012, p. 181, remanding the case to the Osaka District
Court for a new Saiban-in trial.
123
Sup. Ct. (1st Petty Bench) judgment of Mar. 20, 2014, KEISHU Vol. 68, No. 3, p. 499 (quashing the appellate court judgmentthat reversed the professional judge trial courtʼs conviction of the defendant for abandonment of a mentally disturbed person in
their custody resulting in death); Sup. Ct. (1st Petty Bench) decision of June 8, 2014, HANREI TIMES No. 1407, p. 75 (affirming
the appellate court judgment that reversed the professional judge trial courtʼs conviction of the defendant for murder and aforcible obscene act resulting in death); Sup. Ct. (3rd Petty Bench) judgment of Mar. 18, 2016, SAIBANSHU KEIJI No.319, p. 269(quashing the appellate court judgment that reversed the professional judge trial courtʼs acquittal of the defendant for negligent
homicide while driving); Sup. Ct. (1st Bench) decision of Dec. 25, 2017, SAIBANSHO JIHO No.1691, p. 51 (quashing the appellate
court judgment that reversed the Saiban-in trial courtʼs conviction of the defendant for assisting to attempted murder); Sup. Ct.
(2nd Petty Bench) judgment of Mar. 19, 2018, SAIBANSHO JIHO No. 1696, p. 95 (quashing the appellate court judgment thatreversed the professional judge trial courtʼs acquittal of the defendant for abandonment of her underdeveloped child).
121
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ambiguous testimonies of the victim and her mother, and concluding that only the defendant could havestolen it despite of the bankʼs CCTV video of the scene that did not clearly demonstrate the defendantʼs
conduct124. But here, neither the majority specified the key phrase any further,
Careful and detailed analysis will be needed to see if the higher courts have been executing theirreviewing authority appropriately and consistently in substantial accordance with the Supreme Court rulings
rather than just giving a case-by-case ad hoc evaluation with the nominal use of the above key phrase as amere cliché.
5. Sentencing and Its Appellate Review(a) Difficulties for Saiban-in
One of the motives for the introduction of the Saiban-in system was the public opinion that sentencing byprofessional judges from time to time differed from regular citizensʼ sense of justice. Hence the Saiban-in aresupposed to engage themselves also in sentencing so that it would reflect a public sense of justice more
keenly.
As a matter of fact, the Japanese Penal Code, in this regard, defines each offense in relatively
comprehensive ways. For instance, it does not divide a murder into several ranks such as first degree, second
degree and so on like in some other countries. And a wide range of penalties is prescribed for each offense. A
murder, as well as residential arson, for instance, is punishable by the death penalty, life imprisonment or
imprisonment for not less than five years and not more than twenty years125.
In the conventional practice of professional-judge trial courts, a “market price,” or a rough range of usual
sentences, has been built up according to nature, type and other principal factors of the offense and theoffender. But such customary, unwritten standards are not shared by Saiban-in who participate in criminal
trials for the first time and, probably, only once in their lifetimes. It is not easy for them to form their own
opinions about what is the right sentence for a particular defendant within the wide range of penalties
prescribed by law. It must diminish the meaning of Saiban-inʼs participation if the professional judges would
lead them to follow the conventional “market price.” But at the same time, it must be inappropriate if, due tothe case-by-case, ad hoc decision-making of Saiban-in courts, sentences would vary significantly among thecases of similar natures. As mentioned earlier, an appeal can be filed against an inappropriate sentence by a
Saiban-in trial court because reasonable and objective decision-making as well as equal treatment is requiredin sentencing. Hence, it became very crucial to consider how we could effectively achieve these twin goals.
(b) Sentencing data search system
The General Secretariat of the Supreme Court confronted the challenge by developing the “Ryokei
Kensaku System”,126 a system of sentencing data retrieval by computer. Under that system, a range anddistribution of sentences in similar cases, defined by more than ten key factors such as premeditation,
motives, modus operandi, use of weapon, number of victims, defendantʼs relationship with the victim and soon, can be retrieved from the database of all the sentencing records after April 2008. If needed, the result ofsuch retrieval will be provided in graphic forms to all the members of Saiban-in trial courts as a reference for
their sentencing deliberations. This system is available also for prosecutors and defense counsel, who canrefer to similar retrieval results in forming their opinions on sentencing.
This system could contribute to achieving the above twin goals wisely, at least under two conditions.
First, the retrieval result provided to Saiban-in itself must be reasonably relevant to the sentencing in the
instant case. For that, it is important to select appropriate key factors to specify effectively the range ofsimilar cases from which sentencing data will be retrieved. Second, the results should not have undue effectof depriving Saiban-in of their own initiative to form and express their opinions on sentencing. For that, weneed to define how the Ryokei Kensaku System should be used in the course of sentencing deliberation.

Sup. Ct. (2nd Bench) judgment of Mar. 10, 2017, SAIBANSHU KEIJI No. 321, p. 1.
Penal Code arts. 199 and 108, respectively.
126
Cf. Munehisa Sugita, Ryokei-Jijitsu no Shomei to Ryokei-Shinsa (Proof of the Facts, Hearing and Deliberation for Sentencing),
RYOKEI JITSUMU TAIKEI, Vol. 4 (Osaka Keiji-jitsumu Kenkyuukai ed., 2011), pp. 210-13; Katsunori Ohno, Saiban-kan kara
Mita Saiban-in Saiban Seido (Saiban-in Trial System from the Viewpoint of a Judge), HO NO SHIHAI No. 177 (2015), p. 61.
124
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VISITING EXPERTSʼ PAPERS(c) Theoretical framework of sentencing
In this regard, it was rather common in conventional practice that trial courts, in their reasoning forsentence, referred to various factors, including not only those related to the criminal act itself, but also thepersonal background of the defendant, his/her attitudes subsequent to the criminal act as well as the
response of the victim and the general public, without any reasoned order or distinction. But, for the above
purposes, we need to have a firm theoretical framework to clarify what factors, in what order and how, theyshould consider in sentencing.
Serious discussions on that subject among concerned judges, lawyers and scholars produced a fruitfulreport of a semi-official study group127. On the recognition that, under the current Japanese law, the sentence
for each convict should be assessed basically according to his/her criminal responsibility, the report stressed
that, as the first step of sentencing, we should fix the basic range of sentence considering the factors relevantto the convictʼs criminal responsibility, such as the manner and results of his/her criminal act, his/her motiveor purpose, and circumstances that led to the criminal act and so on. Any other factors, including the convictʼs
personal background and subsequent attitudes, victimʼs feelings, and public response, should be ranked as
subsidiary considerations; those factors may be considered only in deciding the final sentence within theabove basic range of sentence. This framework, which represented a majority understanding, has been wellreceived by many judges and lawyers.
(d) Actual situation and appellate review of sentencing by Saiban-in trial courts
How, then, have the Saiban-in trial courts actually performed in their sentencing? According to an
official statistical study, Saiban-in trial courtsʼ sentences in general do not seem to differ substantially fromthe sentences by previous professional-judge trial courts in the same categories of cases, except for the cases
involving sex crimes, in which heavier sentences are imposed by Saiban-in trial courts probably reflecting therecent public indignation against those crimes (Figures 16-1 through 16-5128). As before, Saiban-in trial
courts also most often impose imprisonment on convicted defendants for approximately a 20% to 25%
diminished time period from the recommendation of the prosecutor, though it sometimes happens that the
Saiban-in trial court imposes heavier or notably lighter sentences than recommended by the prosecutor.
Although appellate courts, respecting the purpose of the Saiban-in system, strictly restrained themselvesfrom intervening in the Saiban-in trial courtsʼ sentencing for the first few years, they began exercising theirreviewing power especially in cases where, in their opinions, an inappropriately heavier sentence had been
imposed. However, it seemed that they were searching for the right limit and standards for their intervention
until the Supreme Court indicated a basic policy on sentencing and its appellate review in 2014.
(e) Supreme Court judgment of 2014
In the case where a young couple was charged with abusing their infant daughter resulting in death, theSaiban-in trial court found them guilty and, stressing the growing social demand for protecting children fromdomestic abuse, sentenced both of them to 15 yearsʼ imprisonment, which surpassed the 10 yearsʼ
imprisonment recommended by the prosecutor129. These sentences were affirmed by the appellate court,
which did not deem them as inappropriate130.
However, the Supreme Court quashed both the trial courtʼs and appellate courtʼs judgments, sentencing
the husband to ten yearsʼ imprisonment and the wife to eight yearsʼ imprisonment131. The Court declaredthat general trends or precedents of sentence for each type of offense should be considered as a first guide insentencing deliberation to attain objectivity and equal treatment. Respecting the purposes of the Saiban-insystem, the Court conceded that Saiban-in trial courts might be permitted to change or deviate from thecustomary standards by reflecting sound social commonsense, but it could be permitted, the Court stressed,
only if they could demonstrate reasonable grounds to justify it. Apparently based on the theoreticalframework of sentencing presented by the above study group report, the Court concluded that the Saiban-in
Makoto Ida et al., Saiban-in Saiban niokeru Ryokei Hyogi no Arikata nitsuite (On How the Sentencing Deliberation in Saibanin Trials Should Be) (the Judicial Training and Research Institute, 2012).
128
Saiko Saibansho Jimu-sokyoku, supra note 74, Figures 52-1, 52-3, 52-4, 52-7 and 52-8.
129
Osaka Dist. Ct. judgment of Mar. 21, 2012, KEISHU Vol. 68, No. 6, p. 948.
130
Osaka High Ct. judgment of Apr. 11, 2013; id., p. 954.
131
Sup. Ct. (1st Petty Bench) judgment of June 24, 2014; id., p. 925.
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trial court did not successfully demonstrate reasonable grounds because such factors as the growing social
demand for protecting children from domestic abuse, which should be ranked as a subsidiary factor in thatframework, were not significant enough for that purpose.
(f) Significance of the Supreme Court ruling
Thus, the Supreme Court defined its position by giving priority to the objective reasonableness and equal
treatment in sentencing in general and extended it to Saiban-in trials as well by indicating the significance of“general trends or precedents” as a first sentencing guide.
Although, theoretically, the Court left room for Saiban-in trial courtsʼ innovation in changing or deviatingfrom the customary standards, it is doubtful if the courts actually could do so successfully. The basic range ofsentence, under the above theoretical framework, must be fixed by the highest ranked, mostly objective
factors relevant to the convictʼs criminal responsibility, of which significance will hardly be evaluated in a
substantially different way even by reflecting “sound social common sense,” compared to other subsidiary
general circumstances such as the defendantʼs subsequent attitudes, victimʼs feelings, and public response.
6. Sentencing in Capital Cases(a) Background
Most serious, among others, is sentencing in capital cases. As a matter of fact, there has been an argumentthat it is too heavy a burden for Saiban-in to involve themselves in deciding life or death of a defendant who isin their presence in court, at the same time taking into consideration the horrible scene of victimization as
well as the rage of the victimʼs family presented to them. But for the very reason that it is the most serious
matter, citizens should be asked, and even entitled, to share the responsibility for making such decisions.
Considering there exist various opinions about the death penalty itself, their participation is desirable because
it enables decision-making to reflect various views among the public.
Still, it is undeniable that Saiban-in have a hard time to reach the final decision on sentencing in thesecases. Regarding such hardship, many more days are allocated for the final deliberations in capital cases.
A total of 35 defendants were sentenced to death by Saiban-in trial courts in the nearly nine years until
the end of March 2018132. Although most of them involved the killing of multiple victims, there are four casesof single killing.
In this regard, previous courts had long adhered to the so-called Nagayama Standards indicated by theSupreme Court judgment of 1983133. In that judgment, the Court held that death sentences should bepermissible only when it is deemed “absolutely necessary” from the viewpoint of the extreme gravity of the
defendantʼs culpability, the proportionality of the punishment to the crime, as well as crime prevention, on
comprehensive assessment of various factors, including the number of victims killed. While there were single
killing cases in which the defendant was sentenced to death, almost all of them involved a premeditatedrobbery and murder, a murder for insurance money, a murder by a kidnapper or a convicted murderer onparole134.
Considering these facts, the above study group report suggested that even the Saiban-in trial courts
should respect precedents in sentencing in capital cases, where each person might have quite a different
opinion135.
(b) Supreme Court decisions of 2015
As if responding to the suggestion, the same division of the Tokyo High Court overturned the first two
death sentences by Saiban-in trial courts in single killing cases in 2013136. In the first case (Minami-AoyamaCase) where the defendant was found guilty of intentionally stabbing the sleeping victim to death with a
Saiko Saibansho Jimu-sokyoku, supra note 9, p. 4
Sup. Ct. (2nd Petty Bench) judgment of July 8, 1983, KEISHU Vol. 33, No. 6, p. 609.
134
Ida et al., supra note 127, pp. 110-115.
135
Id., p. 103
136
Tokyo High Ct. judgment of June 20, 2013, KO-KEISHU Vol. 66, No. 3, p. 1 (Minami-Aoyama Case); Tokyo High Ct. judgmentof Oct. 8, 2013, KO-KEISHU Vol. 66, No. 3, p. 42 (Matsudo Case).
132
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cooking knife he carried after stealing into the victimʼs condominium with the intent to commit robbery, theSaiban-in trial court imposed the death penalty in consideration of, among others, the fact that the defendant
had served a twenty-year imprisonment sentence for murdering his wife and young daughter until only a halfyear before the instant robbery and murder137. The Saiban-in trial court in the second case (Matsudo Case)found the defendant guilty of intentionally killing a female university student who came home after he broke
into her room to take her property and sentenced him to death, considering the facts that the defendantrepeatedly and cold-bloodedly stabbed the promising female student to death with strong intent, that hereturned to the crime scene the next day to conceal his offense by burning the room, that he committed serial
offenses of a dangerous nature such as robberies resulting in bodily injuries and robbery-rapes in neighboringareas in the same period, and that he never showed any remorse for his offenses138.
However, the defendantʼs previous conviction for murders in the Minami-Aoyama Case was, the Tokyo
High Court pointed out, of a different nature because he killed his wife after a quarrel and his daughter as aresult of an attempted double suicide, both without premeditation. Neither did the appellate court agree with
the Saiban-in trial courtʼs assessment of the above sentencing factors in the Matsudo Case in terms, among
others, that the murder of the victim itself was not premeditated and that the serial robberies in the same
period were not of the nature of endangering the victimʼs life.
As these appellate court judgments were sensationally reported by mass media and induced public
controversy139, the Supreme Court promptly defined their position in 2015140. On the recognition that thedeath penalty as an ultimate punishment must be applied very carefully and in such a way as to secure equal
treatment, the Court declared that, in sentencing deliberations on capital offenses, it is necessary to have acommon view, based upon precedent as the results of such careful applications, what factors should beconsidered as well as from what viewpoint and how each of them should be assessed for choosing the death
penalty. And, on the total assessment of those factors, the court must demonstrate concrete and persuasive
grounds to deem the death sentence “absolutely necessary” when they choose it. Stressing that Saiban-in
trials are no exception, the Court upheld both of the appellate court judgments since, in the Supreme Courtʼsview, such concrete and persuasive grounds were not successfully demonstrated by the Saiban-in trial courtin either case.
(c) Significance of the Supreme Court rulings
Thus, holding on to its basic position of placing more emphasis upon objective reasonableness and equal
treatment in sentencing, the Supreme Court made it even more evident in relation to the death sentence.
Especially, it is remarkable that the Court did not admit any possibility for Saiban-in trial courts to change ordeviate from the precedents by reflecting “sound social common sense” like in regular sentencing. This mightmean that even the purposes of the Saiban-in system are forced to yield to the ultimate nature of capital
punishment, which must be chosen as the last resort by absolute, uniform standards.
Still, the Supreme Court rulings could not stop furious criticism arising from every appellate court
judgment that reverses the death sentence by Saiban-in trial court. The controversy among experts as wellas the public will continue, more or less in conjunction with the basic pro and con arguments about the death
penalty itself. Neither will it eliminate further contests on the appropriateness of sentencing in subsequent
capital cases, each of which may vary with its own unique character different from others.
Despite the Supreme Court rulings, a year later a Saiban-in trial court, in another cause célèbre involving
a single killing, sentenced to death the defendant who was found guilty of killing a little girl after abducting
her for indecent purpose and mutilating her body for abandonment141. But this latest and fourth death
sentence in single killing cases142 was quashed by the appellate court for the reason that “concrete andpersuasive grounds” were not sufficiently demonstrated, considering that the murder itself was not
Tokyo Dist. Ct. judgment of Mar. 15, 2011, HANREI JIHO No. 2197, p. 143.
Chiba Dist. Ct. judgment of June 30, 2011, KEISHU Vol. 69, No. 1, p. 168.
139
E.g., News Letter of the National Associations Crime Victims and Surviving Families, No. 46 (Dec. 10, 2013), p. 1, criticizing
the two Tokyo High Court judgments as a betrayal to the nation; id., No. 47 (Mar. 31, 2014), pp. 5-6.
140
Sup. Ct. (2nd Petty Bench) decision of Feb. 3, 2015; KEISHU Vol. 69, No. 1, p. 1 (Minami-Aoyama Case); Sup. Ct. (2nd Petty
Bench) Decision of Feb. 3, 2015; id., p. 99 (Matsudo Case).
141
Kobe Dist. Ct. judgment of May 18, 2016, HANREI HISHO L07150189.
137
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premeditated and that the modus operandi was “not unprecedentedly cruel”143. As the prosecutor filed ajokoku appeal against the appellate court ruling, it is being closely watched how the Supreme Court will
decide.

V. FURTHER CRIMINAL JUSTICE REFORMS
A. Investigation Procedure as a Remaining Area
In contrast to the trial proceedings, reforms were very limited regarding the criminal investigation
procedure. There remained unsolved a deep-rooted, structured problem, i.e., the excessive reliance on theinvestigative questioning of suspects and the written records of their statements in the investigation of crimeand its proof at trial.
In this regard, the above-mentioned extension of the public defense system to suspects detained forserious offenses was naturally a significant improvement. Although every suspect had been entitled to retain
defense counsel, only a limited number of them actually had done so for financial or other reasons. In most of
the cases, unrepresented suspects had been subjected to investigative questioning by the police andprosecutors. Now that the public defense system is available to many of them, nearly 70% of the suspects are
represented (Figures 17-1 and 17-2144). Probably as its consequence, it is reported that a growing number ofthe suspects deny the charges or remain silent when questioned by the police or prosecutors.
However, other reforms that had been put on the agenda of the JSRC were not adopted. Among others,
defense lawyers and opposition groups who intended to control abusive or improper questioning of suspects
by the police and prosecutors proposed several measures, including the mandatory video- or audio-recordingof such questioning to “visualize” this invisible process145. Because of sharply divided opinions arising fromquite different assessments of the current state of affairs as mentioned above, discussions on those proposals
could not reach any concrete conclusion, other than mandating prosecutors and investigative agencies todocument the time, duration etc. of., as well as names of officers engaged in, each and every questioning ofdetained suspects146.
In response to the request the Judicial Affairs Committees of the legislature attached to their decisions forthe 1994 revision of the CCP147, “hoso sansha” (three sectors of the legal profession) thereafter continued thediscussions, but in vain.
B. Moves toward Further Reforms
It was nothing but the imminence of Saiban-in trials that made a breakthrough. Even in former days, it
had been a difficult task for the professional judges to find out what actually had happened in the course ofinvestigative questioning when the voluntariness or trustworthiness of the defendantʼs confession was
disputed at trial. There was hardly any proof available other than conflicting testimonies of investigating
officers and the defendant. In Saiban-in trials where only professional judges are technically empowered todecide the voluntariness issue, Saiban-in are also supposed to hear the evidence on what happened in thecourse of investigative questioning because it is relevant to their evaluation of the trustworthiness of the
defendantʼs confession at issue148. If the above situation of poor proof is not improved, Saiban-in will
experience much greater hardship and confusion.

In the third case (Okayama Dist. Ct. judgment of Feb. 5), the defendant, who was condemned for the murder, rape androbbery of his former colleague and the mutilation of her body, withdrew his koso appeal against the death sentence, which wasthen finalized and executed later.
143
Osaka High Court judgment of Mar. 10, 2017, HANREI HISHO L07220108.
144
Saiko Saibansho Jimu-sokyoku, supra note 105, Tables 26, 27; id, Tables 26, 27.
145
E.g., the Japan Federation of Bar Associations, “Kokumin no Kitai ni kotaeru Keiji Shiho no Arikata” nitsuite (On “How theCriminal Justice System Should Be in Response to the Expectation of the People) (presentation paper to the JSRC, July 27, 2000),
pp. 34-35, recounting its position declared already in its “Vision for Justice System Reform” (Nov. 20, 1998). As to the history of
the arguments for visualizing investigative questioning in Japan, see e. g. Inouye, supra note 42, pp. 19-20; Hisashi Kosakai,
Torishirabe Kashika no Jidai (Era of Investigative Questioning Visualization), KIKAN KEIJI-BENGO No. 82 (2015), pp. 11-13.
146
Recommendations of the JSRC, supra note 34, Chap. Ⅱ, Part 2, 4(1) and (2).
147House of Representatives Committee on Judicial Affairs, Supplementary Resolution of Apr. 23, 2004; House of Councilors
Committee on Judicial Affairs, Supplementary Resolution of May 30, 2004.
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The mandatory documentation of the relevant facts regarding each questioning of the suspect would offersome help149, but only to a limited extent. Thus, especially to ease such hardship for Saiban-in, the necessity
to “visualize” invisible investigative questioning by video- or audio-recording became more keenly recognizedamong concerned people, including judges150 and political parties151. In response to that, the publicprosecutorsʼ offices152, and then the police153, decided to make a discretionary trial run to record on video
their questioning of suspects detained for an offense subject to Saiban-in trial, and gradually expanded its
scope.
Defense lawyers and opposition groups who aimed to control the whole process of investigative
questioning, however, were not content with such response because it was up to the discretion of prosecutors
and the police themselves whether and to what extent the questioning of suspects would be recorded. They
demanded that the whole process of investigative questioning of every suspect, detained or not, as well as
principal witnesses must be recorded on video in any category of cases154.
No wonder, these radical demands were not accepted by the public prosecutorsʼ offices or the police.
From their standpoint, such a far-reaching measure was not only impracticable, but also harmful because it

E.g. OSAMU IKEDA, KAISETSU SAIBAN-IN HO (Commentaries on the Saiban-in Act) (2nd ed. 2009), p. 10. The court may,
if appropriate, have Saiban-in present at the hearing on the exclusive prerogative matters of professional judges, including thevoluntariness of confession, and hear their opinions Saiban-in Act art. 68, sec. 3.
149
The Rules of Criminal Procedures were revised in 2006 to add a new provision obligating the prosecutor to do his/her best to
prove speedily and accurately the circumstances of the investigative questioning of suspects or others, when he/she would doso, with the use of the materials including such documentary records as much as practicable (art. 198-4).
150
Already in 2013, two influential, prominent criminal law judges published their opinions stressing the urgent necessity forsuch measures in anticipation of Saiban-in trials, Makoto Yoshimaru, Saiban-in Seido no Moto niokeru Kohan-tetsuduki no
Arikata nikansuru Jyakkan no Mondai (Several Problems regarding the Administration of Trial Proceedings under the Saibanin System), HANREI JIHO No. 1807 (2003), p. 3; Fumiya Sato, Saiban-in Saiban ni fusawasii Shoko-shirabe to Gogi nitsuite (On the
Appropriate Manner of Evidentiary Examination and Deliberation in Saiban-in trials), HANREI TIMES No. 1110 (2003), p. 4.
151
E. g., Komei-to, Saiban-in Seido Sekkei nitsuite (New Komeito Party, For the Implementation of the Saiban-in System)(December 2004); id., So-senkyo manifestos (Manifestos for the General Election) (September 2005).
In contrast, Minshu-to (Democratic Party) took a more radical position similar to the Japan Federation of Bar Associations,putting more stress upon strict regulation of investigative questioning by mandating the video- or audio-recording of its wholeprocess in every case. Id., So-senkyo Manifestos (Manifestos for the General Election) (September 2005). The latter party
actually proposed an enactment to realize their opinion, which was passed once in the House of Councilors in June 2008, andonce more in its Committee on Judicial Affairs in June the next year.
152
In May 2006, the Supreme Prosecutorsʼ Office adopted the “Trial Run Policy,” under which prosecutors, if it is deemednecessary to do so in preparation for later effective proof of the voluntariness of confessions, shall record on a video appropriate
parts of their questioning of arrested or detained suspects (mainly the scene of their summing up of what the suspect had stated
and the latterʼs affirmation of it at the end of questioning) unless it would disturb the function of the questioning. Then, after
extending the trial run from Tokyo to other districts, the Office adopted the “Full-Scale Trial Run Policy” in March 2008,
instructing all the prosecutorsʼ offices to execute such video-recording, in principle, in every case that would be subject to
Saiban-in trials. Cf. Takeru Tanojiri, Kensatsu niokeru Torisirabe no Rokuon-Rokuga no Unyo (Operation of the Video-/AudioRecording of Investigative Questioning in Prosecutors’ Offices), KEIJI-HO JOURNAL No. 42 (2014), p. 12. As for the subsequentdevelopments, see infra note 168.
Furthermore, after the Democratic Party took over the ruling power in the general election in 2009, the newly appointed
Minister of Justice began an internal high-level study meeting to discuss the visualization of investigative questioning, with theintention of realizing the partyʼs policy described in note 151. After a two year study, during which the Council on Legislation
began deliberating on the subject, as described below, the study meeting published its conclusion in August 2011, that thequestioning of suspects, at first those detained in cases subject to Saiban-in trial, should be recorded on a video as widely aspracticable, though not mandatorily or without exception, that they should discuss its extension to the questioning of mentallydisabled persons or the cases under the independent, direct investigation by the prosecutorsʼ office after a certain period of trial
run, and that they should expand the current operational trial run to various cases, subjects and situations. The conclusion isavailable at http://www.moj.go.jp/content/000077866.pdf.
153
The National Police Agency decided in April 2008, to begin a trial run recording of the questioning of arrested or detained
suspects in the prospective Saiban-in trial cases in similar ways to prosecutorsʼ offices, which began in five major prefectures in
September that year and gradually extended to other prefectures, Cf. Yusuke Kawahara, Torishhirabe no Rokuon-Rokuga oyobi
Do Seido nitaisuru Keisatsu no Taiou nitsuite (Video-/Audio-Recording of Investigative Questioning and Its Handling by the
Police), KEISATSU-GAKU RONSHU Vol. 69, No. 92 (2016), pp. 64-65. As for the subsequent developments, see infra note 169.
154
Among others, the Japan Federation of Bar Associations repeatedly publicized its official opinions demanding such full-scale
video-/tape-recording. Id., Torishirabe no Kashika nitsuite no Ikensho (Opinions on the Visualization of Investigative
Questioning) (June 2003).
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would make it unduly difficult to obtain even voluntary and trustworthy crucial statements of suspects or key
witnesses, for instance, in organized crime cases or cases of a sensitive nature, with the result of seriously
disrupting effective law enforcement.
Several acquittal and retrial cases involving misconduct of the police155 or the prosecutors156 in theirinvestigative questioning as well as handling of evidence in the following years triggered the second stage ofcriminal justice reform at the beginning of the 2010s.
In response to the strong demands for a wholescale review of the above-mentioned conventional structureof the criminal justice system, especially that of criminal investigation procedure157, the Minister of Justiceentrusted such review to the Council on Legislation in June 2011.
C. Recommendation of the Council on Legislation of 2014
After three years of research and deliberation mainly in its Special Division on the Criminal Justice
System in the New Era158, the Council recommended a package of reforms in September 2014159.
From the sequence of events leading to this second stage, the main focus of discussions in the Council was
naturally put on the video- or audio-recording of investigative questioning, more specifically, upon such issues
as how widely it should be mandated and what situations should be exempted from that mandatory
recording. But, here again, differences of opinion were so big that even a deeply involved insider like me could
not say for sure the Council would reach any conclusion whatsoever.
E.g., Kagoshima Dist. Ct. judgment of Feb. 23, 2007, HANREI TIMES No. 1313, p. 285 (Shibushi Case) (finding not guilty a
local election candidate, his wife and ten residents charged with election law violations, for the reason of the establishment of analibi for the candidate and the untrustworthiness of the defendantsʼ confessions obtained by the improper questioning of thepolice); Toyama Dist. Ct. Takaoka Branch judgment of Oct. 10, 2007, HANREI HISHO L06250309 (Himi Case) (finding innocent
at a new trial a convict who served out a three-year imprisonment sentence for rape, after the real perpetrator came out andconfessed). See also Tokyo High Ct. decision of June 14, 2008, HANREI TIMES No. 1290, p. 73 (Fukawa Case) (affirming the Mito
Dist. Ct. Tsuchiura Branch decision to start a new trial for two convicts serving a life imprisonment sentence for robbery andmurder, for the reason of the discovery of new evidence that would, in association with the existing evidence, induce areasonable doubt about their guilt; subsequently, both convicts were acquitted at a new trial in 2011); Tokyo High Ct. decision ofJune 23, 2009, HANREI TIMES No. 1303, p. 90 (Ashikaga Case) (affirming the Tokyo Dist. Ct. decision to start a new trial for aconvict serving a life imprisonment sentence for abduction of a little girl for obscene purpose and murder, etc., for the reason of
the contradictory findings of new DNA testing; subsequently, the convict was acquitted at a new trial in 2010).
Considering such situation, the National Public Safety Commission supervising the police entrusted in February 2010 a study
for “upgrading the investigative methods and questioning” to a committee composed of various experts, including thoseenthusiastic for the video- or audio-recording of investigative questioning. Two years later, the committee published its final
report, in which they proposed for, at least as a first step, expanding the current trial run of video-recording to many more cases
as well as extending it to the questioning of mentally disabled persons. The final report is available at https://www.npa.go.jp/
bureau/criminal/sousa/sousa_koudoka_kenkyukai/pdf/saisyuu.pdf.
156
In 2010, it was revealed that the prosecutor of the Special Investigation Division of the Osaka District Prosecutorsʼ Office incharge of a false official document production case against a high-ranking governmental official forged the log data of an electric
file that might have been favorable evidence to the defendant. The revelation of his misconduct shocked the nation and urged
the whole-scale review of the entire prosecution service,
The Minister of Justice responded promptly by setting up the “Kensatsu no Arikata Kento-Kaigi” (Commission to Deliberateon What the Public Prosecutors’ Offices Should Be), composed of fifteen members representing various legal and non-legal
sectors, including me. After the six-month intensive discussions, the Commission produced a comprehensive set of proposals formany reforms regarding the organization, internal controls, personnel management, training system, professional ethics, etc. Id.,
Kensatsu no Saisei ni mukete (For the Regeneration of the Prosecution Service) (Mar. 31, 2011)〔available at http://www.moj.go.
jp/content/000072551.pdf〕.
157
Among others, the above mentioned Commission, in its recommendations, urged the Minister of Justice to start immediately
such wholescale review by setting up a “forum for thorough deliberation reflecting both the peopleʼs opinions and the expertiseof professionals, including relevant organs”. Id., Part. 4, 3.
158
The Special Division, composed of 26 members including me, held a total of 30 meetings (and each of its three subcommittees held ten meetings) from June 29, 2011 through July 9, 2014, to reach its conclusion. Their complete verbatim
minutes are published on the Ministry of Justice Web site〔http: //www. moj. go. jp/shingi1/shingi03500012. html〕. See also
Takashi Kikkawa, Hosei Shingikai niokeru Shingi no Keika to Gaiyo (Progress and Outlines of the Deliberation in the Council on
Legislation), RONKYU JURIST No. 12 (2015), pp. 4 et seq.
159
The Council on Legislation, Aratana Keiji-shiho Seido no Kochiku nitsuiteno Chosa Shingi no Kekka (The Results of the
Research and Deliberation for Building Up a New Criminal Justice System) (Sep. 18, 2014)〔available at http://www.moj.go.
jp/content/001127393.pdf〕.
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At the very end of the deliberation, however, the Council finally managed to decide with unanimity to takea realistic approach, i.e., improving the matter step-by-step from the starting point on which consensus could
be obtained. The Council recommended to mandate in principle video-recording of every investigative
questioning of detained suspects regarding the cases subject to Saiban-in trial as well as those under the
independent, direct investigation by public prosecutors160. Additionally, the Council expressed its expectationthat the trial-run video-recording by the prosecutors as well as the police should be extended to the extent
possible and that, on the basis of its result, the scope of mandatory video-recording should be reconsideredwithin an appropriate period of time161.
In addition to that measure, the Council further proposed a more comprehensive, structural change todecrease excessive reliance on the investigative questioning of suspects and the written records of theirstatements throughout the process of criminal investigation and proof at trial by a combination of threegroups of measures:(1) Measures to deter or to check improper investigative questioning
In addition to the video-recording of investigative questioning itself, the Council recommended theextension of the public defense system so as to cover all the suspects in detention for that purpose162.
(2) Measures other than investigative questioning to obtain useful, trustworthy statements from the persons
involved
Included is a negotiation procedure between the prosecutor and the defense counsel in which favorable
prosecutorial treatment, such as suspension of prosecution, reduction or non-prosecution of certain charges,
and recommendation for a lenient sentence, could be promised to the suspect or defendant in exchange forhis/her cooperation to solve a case against others involving an organized, financial or business crime. The
Council also proposed the adoption of an immunity procedure with which an accomplice could be forced togive crucial testimony to convict a major figure in an organized crime or conspiracy163.
(3) Effective measures to collect objective evidence
Among others, the Council proposed the reinforcement of interception of telecommunications by making
it more efficient, easier to use as well as more reliably controlled with the use of electronic encryption
techniques164.
Accepting these and other recommendations, the government introduced a bill to revise related laws,
which was passed in the legislature in May 2016165, and the new law is being put into force in four steps,
finally becoming effective by June 2019.
D. Prospect for the Effects of the Reforms
Proponents for much stricter restriction on the investigative powers of prosecutors and the police arenaturally discontent with the new law. They are criticizing the reforms as providing less than minimum
restrictions necessary, while increasing investigative powers, any of which, in their opinion, will induce abuseor other serious problems. They assert, among others, that the video-recording of investigative questioning islegally mandated only in two categories of cases that account for an extremely small portion, probably 3% orso, of all criminal cases and that several exceptions to that already limited extent of mandatory videorecording further will make a big loophole166.
However, considering the long-standing structured practice, as mentioned earlier, as well as sharply
divided opinions about it, it should not have been realistic or appropriate to insist on a one-point breakthroughId., Outline of the Recommendations 1, implemented in CCP art. 301-2.
Id., Outline of the Recommendations 1.
162
Id., Outline of the Recommendations 5(1), implemented in CCP art. 37-2.
163
Id., Outline of the Recommendations 2(1), (2), implemented in CCP art. 350-2 and arts. 157-2, 157-3, respectively.
164
Id., Outline of the Recommendations 3, implemented in the Interception of Tele-Communication Act, arts 3, 5, 6, 14, 20, 21,
Table 2 etc.
165
The Act to Revise a Part of the Code of Criminal Procedure and Related Laws, Act No. 54 of June 3, 2016. Cf. Hiroyuki Tsuji,
Keiji Sosho-ho tou no Ichibu wo Kaiseisuru Horitsu no Seitei Keii tou nituite (Background of the Enactment of the Act to Revise aPart of the CCP and Related Laws and Its Outlines), KEISATSU-GAKU RONSHU Vol. 69, No. 8 (2015), p. 1.
160
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only by such drastic, maximum extension of the mandatory video-recording without taking any concrete
action to change the basic structure as a whole. If members of the Council had stuck to an all-or-nothing
approach, nothing would have changed. It was, in my opinion, very important to take one actual step forward,
which we can and should keep extending.
The video-recording in the new law itself is legally mandated in the most serious or high-profile cases
where large-scale investigation is normally pursued by numerous investigating officers and suspects aremost likely subject to tough questioning in the custody of the police and prosecutors. Its scope is substantiallyenlarged from the former trial-run in that the whole process of every investigative questioning of a suspect
regarding such case must be recorded from right after his/her arrest. I believe this will have much larger
and penetrating impacts than it may appear.
Furthermore, whenever the voluntariness of a defendantʼs self-incriminating statement obtained byinvestigative questioning is disputed at the trial involving such offense, the prosecutor must present the videoof the investigative questioning at issue167. Otherwise, the prosecutor could not prove the voluntarinesssuccessfully unless the court finds the questioning at issue was exempted from mandatory video-recording.
Once such videos become indispensable to prove effectively the voluntariness of the suspectʼs confession in
those cases, it must be practically hard to do so without similar video in contested cases involving otheroffenses as well. Thus, it is highly probable, I think, that this eventually will become a de facto standard
method of proof in other contested cases as well.
As a matter of fact, the public prosecutorsʼ offices have already decided to record, and actually have beenrecording, on a video, as far as practicable, the whole process of their questioning of every arrested ordetained suspect in (1) the prospective Saiban-in cases and (2) the cases under the independent, direct
investigation by the prosecutorsʼ office, as well as that of (3) mentally disturbed or mentally disabled suspects
in detention. They even further expanded their trial run to (4) their questioning of suspects in othercategories of cases and major witnesses in the cases where its legality or properness is likely to be disputed
at trial168. The police also, though more slowly and conservatively, have been taking after the prosecutors
especially in the cases where the voluntariness or trustworthiness of confession and other statements
obtained by their questioning might be seriously disputed at trial169.
While many front-line investigating officers still feel resistance against it, video-recording, from a broad
perspective, should prove itself beneficial to prosecutors and the police as well because it certainly would
reduce unfounded accusations against them for illegal or improper questioning and troublesome disputes
over the voluntariness of suspectsʼ statements.

VI. CONCLUSION
These and other new reforms could certainly have substantial effects on various aspects of Japanesecriminal justice. But it will depend much upon the persistent, patient, attentive, sincere and constructive
E.g., KEIJI-SHIHO KAIKAKU TOWA NANI KA (What Is the Criminal Justice Reform) (H. Kawasaki and S. Mishim ed.,2014)); Nanae Toyosaki, Torishirabe oyobi Sintai Kosoku no Kaikaku (Reforms of Investigative Questioning and Detention of
Suspects), KEIHO ZASSI Vol. 55, No. 1 (2015), pp. 89-101; Shinichiro Koike, Torishirabe no Rokuon-Rokuga (Video-/AudioRecording of Investigative Questioning), HO TO MINSHU-SHUGI No. 510 (2016), p. 10. See also Yuji Shiratori, Hoseishin
Tokubetsu-bukai wa Kadai ni kotaeta ka (Has the Special Division of the Legislation Council Fulfiled Its Task?), HORITSU JIHO
Vol. 86, No. 10 (2014), pp. 5-6; Hiroyuki Kuzuno, Torisirabe no Rokuon-Rokuga Seido (System of Video-/Audio-Recording ofInvestigative Questioning), id., p. 16; Akira Goto, Keiso-ho tou Kaisei-an no Zentai-zo (General Outlines of the Bill to Revise the
CCP and Related Laws), HORITSU JIHO Vol. 88, No. 1 (2016), pp. 6-7.
167
CCP art. 301H-2 (to be enforced by June 2019).
168
Cf. Tanojiri, supra note 152, pp. 12-13. According to the latest official report, the video-recoding execution rate has reached to100% or so in the first three categories; the whole process of the questing was recorded in 99.6% of the cases in the firstcategory, 100% in the second category, 85.2 to 88.8% in the third category in the six months from April through September 2017.
The number of trial-run video-recodings executed in the fourth category also have been increasing. Saiko Kensatsu-cho,,Kensatsu niokeru Torishirabe no Rokuon-Rokuga nitsuiteno Jissi Jokyo (Supreme Prosecutors’ Office, Enforcement Situation
regarding the Video-/Audio-recording of the Investigative Questioning) (Feb. 2018) 〔available at http: //www. kensatsu. go.
jp/kakuchou/supreme/rokuon_rokuga01.html〕.
169
Cf. Kawahara, supra note 153, pp. 64-69.
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efforts of all the parties involved, as well as lasting public support for them, to what extent and how thereforms actually change the above-mentioned conventional structure and improve the total quality ofJapanese criminal justice. There still is a long way to go.

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CURRENT SITUATION AND CHALLENGES OF LAW-RELATEDEDUCATION
Kyoko ISOYAMA＊

I. INTRODUCTION
The purpose of this paper is to discuss the current situation and challenges of Law-Related Education. In
this paper, the discussion centers on the idea of Law-Related Education, the diversity of Law-Related
Educational curriculum in the United States, the characteristics of Law-Related Education in Japan, and theidea of justice studies in elementary and junior high school.
Law-Related Education in Japan is affected by the United States. Law-Related Education in Japan arose
mainly out of the field of social studies in the 1990s. The father of Law-Related Education in the United States
is Isidore Starr, while the father of Law-Related Education in Japan is Yuji EGUCHI1.
Social studies in Japan was established after World War II and focused on Constitutional Education. It isevaluated as having achieved some results toward the realization of a democratic society in Japan. However,this resulted in a limited understanding of the relationship between the state and individuals, only as ahierarchical relationship between the state and the people. Law-Related Education in Japan is an attempt toposition legal citizenship as a concept that includes horizontal relationships between society and the citizen
and between citizen and citizen.

II. THE IDEA OF LAW-RELATED EDUCATION
A. Definition of Law-Related Education
Law-Related Education in the United States is a leading model of Law-Related Education in Japan.
According to “The Law-Related Education Act of 1978”2, which was approved in the United States Congress,
Law-Related Education in the United States is defined as “education to equip non-lawyers with the knowledge
and skills pertaining to the law, the legal process, and the legal system, and fundamental principles and values
on which these are based.”
Since then, Law-Related Education in the United States has been actively positioned as one of theeducational subjects to be addressed throughout the United States as a whole. The U. S. Department of
Education promoted institutional expansion of Law-Related Education in the United States.
According to U.S. Department of Education regulations, Law-Related Education helps students “respondeffectively to the law and legal issues in our complex and changing society.”3 The definition of Law-Related
Education in the United States reveals three features. Firstly, it targets non-lawyers, including children, andis different from law-school education, which is targeted to those seeking to become legal experts. Secondly, it
addresses “the law, the legal process, and the legal system, and fundamental principles and values on whichthese are based”. Law-Related Education in the United States deals with the law in a broad sense. It is not
limited to constitutional law, civil law, or criminal law, but addresses dynamic, active and working laws andlegal values. Thirdly, it fosters “knowledge and skills” that can be used. In addition to gaining knowledge, it isFaculty of Education, Shizuoka University, Japan.
Yuji EGUCHI. (1993). Shakaikaniokeru ʻHokyoikuʼ no Juyousei: Americashakaikaniokeru ʻHokyoikuʼ no Kentowotoshite.
Nihonshakaikakyouikugakkai. Shakaikakyouikukenkyu. No. 68. pp. 1-17. (江口勇治「社会科における『法教育』の重要性─アメリ
カ社会科における『法教育』の検討を通して─」日本社会科教育学会『社会科教育研究』No. 68，1993 年，pp. 1-17.)
2
Public Law 95-561. (1978). Law-Related Education Act of 1978.
3
American Bar Association Division for Public Education. Law-Related Education Network. (https: //www. americanbar.
org/groups/public_education/resources/law_related_education_network.html)(visit; 2018.1.5).
＊
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important to encourage skills acquirement and attitude formation.
From the late 1960s to the latter half of the 1970s, in the United States, there was a growing awarenessthat it was important to engage in Law Studies in a broad sense in school. Law-Related Education in the
United States was intended for two purposes:4 citizenship education and the prevention of juvenile
delinquency. Firstly, in terms of citizenship education, it is a well-known fact that the Watergate affair caused
political stagnation in the 1970s in the United States. In response to that, a diverse and concrete approach tocitizenship education including global education and multicultural education was actively discussed. LawRelated Education is aimed at people recognizing the legal value of justice in the United States. Moreover, it
was proposed as an approach for citizens to acquire skills to solve such legal problems related to justice.
Secondly, Law-Related Education was also intended to prevent juvenile delinquency. Since the latter half ofthe 1960s, youth crime in the United State continued to increase and became a more serious problem. LawRelated Education was expected to reduce the total number of crimes and to improve the behavior of young
people.
B. Goals, Contents, and Methods of Law-Related Education
One of the goals of Law-Related Education in the United States is to develop legal literacy. Legal literacy
is established upon two main ideas5. Firstly, Law-Related Education should be recognized as an integral partof each personʼs basic education for becoming a knowledgeable and responsible citizen. Secondly, promoting
the ʻlegal literacyʼ of citizens safeguards our democratic institutions.
When organizing Law-Related Education in elementary and secondary education at school, the main goal
is to develop legal literacy for each citizen. According to “Law-Related Education: A Crucial Component ofAmerican Education”6 presented by the American Bar Association Special Committee on Youth Education
for Citizenship, “legal literacy is an essential prerequisite if one is to function effectively as a citizen in private
and public affairs.”
Legal literacy is thought to be an ability fostered by achieving three goals, with the assumption that thecontents and realities change along with changes in society. Firstly, it is to learn of moral reasoning andethical analysis skills. Secondly, it is to appreciate of the legal process and an understanding of the functions of
the law. Thirdly, it is to acquire information about the law. The author thinks that it is meaningful that theorder from first to third is skill acquirement, attitude formation, knowledge understanding.
Charlotte C. Anderson states the following ten features as characteristic changes of Law-Related
Education7.
① Perceiving law as promotive, facilitative, comprehensible, and alterable② Perceiving people as having potential to control and contribute to the social order③ Perceiving right and wrong as issues all citizens can and should address④ Perceiving the dilemmas inherent in social issues⑤ Being reflective decision-makers and problem solvers who make grounded commitments⑥ Being able to give reasoned explanations about commitments made and positions taken⑦ Being socially responsible conflict managers⑧ Being critically responsive to legitimate authority⑨ Being knowledgeable about law, the legal system and related issues⑩ Being empathetic, socially responsible and considerate of others⑪ Being able to make mature judgements in dealing with ethical and moral problems

Report of the American Bar Association Special Committee on Youth Education for Citizenship. (1975). Law-Related
Education in America: Guidelines for the Future. American Bar Association. pp. 3-4.
5Study Group on Law-Related Education on Law-Related Education. (1978). Final Report of the U. S. Office of Education. U. S.
Government Printing Office. (ED175 737). p. xi.
6Ibid. p. 51.
7
Anderson, Charlotte C. (1980). Promoting Responsible Citizenship Through Elementary Law-Related Education. Social
Education. Vol. 44-5. p. 384.
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Anderson states that “the major goal of Law-Related Education is to move children away from negative
characteristics and toward characteristics more in keeping with the demands of democratic stewardship.”8
She also states that “Law-Related Education is congruent with good social studies in general and is a means offostering the goals of citizenship education.”9
Law-Related Education is fostered by the following abilities for children.
Correct recognition of the essence of law and the legal process: ①, ②
Acquiring skills to analyze and solve the legal problems: ③, ④, ⑤, ⑥, ⑦
Evaluation of the essence of law and the legal process: ⑧
Understanding law, the legal system and related issues: ⑨
Ethical and moral judgment of legal problems: ⑩, ⑪
Contents of Law-Related Education include the following twelve items10.
① Legal principles and the values on which they are based② The Bill of Rights and other constitutional law③ The role and limits of law in a democratic society④ Conflict and dispute resolution⑤ The role of law in avoiding conflict and disputes⑥ Development and administration of rules⑦ The administration of the criminal and civil justice systems, and their strengths and weaknesses⑧ Informal laws
⑨ Authority, freedom, enforcement, and punishment⑩ Law as a vehicle to illuminate and resolve social and political issues⑪ Areas of law that affect the daily lives of citizens⑫ International relations, anthropology, and economics
As shown in points ① to ⑫ above, it is obvious that the law which is regarded as the contents of LawRelated Education is not limited in the narrow sense like “statute law” or “national law”. Rather, the content of
Law-Related Education is assumed as the law in a broad sense, such as “principles of democracy”, “dispute
resolution”, “legal process”, “customs law”, “controversy problem”, “citizen law”, and “law in different fields”.
The educational methods of Law-Related Education include inquiry learning and experience learning11.
Various educational methods foster childrenʼs abilities such as the ability to choose, the ability to argue, theability to think, and the ability to express.

III. THE DIVERSITY OF LAW-RELATED EDUCATIONAL CURRICULUM IN
THE UNITED STATES
A. Features of Law-Related Educational Curriculum
In the United States, a variety of Law-Related Educational Curriculum is being developed based on thebasic idea of Law-Related Education. Law-Related Educational Curriculum has the following two features12.
Firstly, Law-Related Educational Curriculum shares a common goal of fostering the knowledge, skills, andvalues students need to function effectively in a society defined by its democratic institutions, pluralism, andthe rule of law. Secondly, Law-Related Educational Curriculum strives to develop the active citizen a
democratic society requires: those who can understand, live in, and contribute positively to the civic
Ibid. p. 383.
Ibid.
10
Study Group on Law-Related Education on Law-Related Education. op.cit. pp. 1-3.
11
Ibid.
12
American Bar Association Division for Public Education. op.cit.
8
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communities to which they belong.
According to the booklet “Youth for Justice; Making a Difference”13 published by the American Bar
Association, the following Law-Related Educational Curriculum was developed in the 1990s by the financial
support of the Office of Juvenile Justice and Delinquency Prevention of the US Department of Justice. These
are developed by national Law-Related Educational agencies.
The role of these agencies is to ensure that the “Youth for Justice is a unique national initiative that uses
the power of active learning about the law to build upon the vitality of young people and to address the risksof being young in America today.”14 Law-Related Education aims to develop a sense of citizenship among
youth and is intended as a judicial policy to prevent juvenile delinquency. While paying attention to thebalance between these ideals and the reality, the author will review the features of the Law-Related
Educational Curriculum developed by each institution establishing its own goals.
B. Types of Law-Related Educational Curriculum
1. Characteristics of “Foundations of Democracy”15
The Center for Civic Education developed “Foundations of Democracy” in the 1990s and has revised thecurriculum many times. “Foundations of Democracy” can be thought of as a legal values model. The goals of“Foundations of Democracy” are summarized as follows. The knowledge is aimed at recognizing the systemof constitutional democracy and the basic principle and value that they are based on. The attitude formation
is aimed at achieving democratic values. “Foundations of Democracy” is organized to target the K-12 grade.
“Foundations of Democracy” teaches four concepts: “Authority”, which focuses on making law in society;“Privacy”, which focuses on individual freedom; “Responsibility”, which focuses on how to assign and accept
responsibility; and “Justice”, which focuses on applying law in society.
2. Characteristics of “Street Law”16
Street Law Inc. developed “Street Law”, which is a curriculum that can be thought of as teaching about
the law as it impacts youth in their daily lives. The goals of “Street Law” are summarized as follows. The
knowledge is aimed at recognizing practical law in daily life situations, controversial legal problems, and themeaning of law in society. Attitude formation is aimed at achieving participation in the law, involvement in
dispute resolution, values of justice, tolerance, and fairness. “Street Law” is organized to deal with the law in a
broad sense. “Street Law” has seven themes such as “Introduction to the law and legal system”, “Criminal law
and juvenile justice”, “Tort law”, “Consumer law”, “Family law”, “Housing law”, and “Rights and freedoms”.
3. Characteristics of “Project Citizen”17
In the 1990s, the Center for Civic Education developed “Project Citizen”. “Project Citizen” can be thoughtof as a law in community activities model. The goals of “Project Citizen” are to enable students to express
their opinions, to decide which institution of the government should deal with certain problems, and to affectgovernment policy decisions. “Project Citizen” has six steps. Specifically, these are “clarifying the policy
problems of the community”, “choosing the research theme”, “gathering information on the research theme”,“creating the portfolio”, “presenting the portfolio”, “evaluating the learning experience”, and “the class
portfolio”. While learning about legal participation, Project Citizen has the distinctive feature of actuallyparticipating in the community as a citizen.
4. Characteristics of “Respect Me, Respect Yourself”18
In the 1990s, Phi Alpha Delta Public Service Center developed “Respect Me, Respect Yourself”, which canbe thought of as a conflict resolution model. The goals of “Respect Me, Respect Yourself” is summarized asattitude formation aimed at resolving disputes without violence. The educational method of “Respect Me,
Respect Yourself” is mediation. With the aim of the knowledge understanding and skills acquisition of dispute
American Bar Association. Youth for Justice; Making a Difference.
Ibid. p. 5.
15Center for Civic Education. (1998). Foundations of Democracy; Upper Elementary, Middle School, High School.
16
National Institute for Citizen Education in the Law. (2005). Street Law; A Course in Practical Law, Seventh Edition. West
Publishing Company.
17
Center for Civic Education and the National Conference of State Legislatures. (2008). Project Citizen.
18
Phi Alpha Delta Public Service Center. (1995). Respect Me, Respect Yourself.
13
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resolution by mediation, using the Constitution of the United States and the Bill of Rights as teachingmaterials, “Respect Me, Respect Yourself” is organized based on the actual mediation process.
5. Characteristics of “Iʼm the People”19
In the 1990s, the American Bar Association Youth Education for Citizenship developed “Iʼm the People”,
which can be thought of as Integration of all of the above-mentioned models. The goals of “Iʼm the People” aresummarized as follows. The curriculum is aimed at recognizing our constitutional democracy, essential
concepts such as law, power, justice, freedom, and equality. Attitude formation is aimed at achieving andpursuing rights and responsibilities under the law, resolving conflict, discussing and analyzing public policy.
The skills acquisition component is aimed at learning the ability to do critical thinking, the ability to gather,interpret, act properly, and participate effectively. “Iʼm the People” has four concepts: “Making Rules &Laws”, “Resolving Conflicts”, “Service in the Community”, and “Influencing Public Policy”. “Iʼm the People” isorganized to deal with the legal process. “Iʼm the People” seems to be aiming at a curriculum composition
based on the legal system view of the 1990s.

IV. THE CHARACTERISTICS OF LAW-RELATED EDUCATION IN JAPANA. Reasons for Introducing Law-Related Education in Japan
It is important for citizens to acquire legal literacy, which is a necessary component of citizenship. The
reason that developing of legal literacy for citizens is important in Japan is important from three viewpoints:social background, institutional background, and educational background.
Social background includes Legalized Society. Legalized Society is a society established on the basis of alegal relationships. Citizens recognize legal values such as freedom and responsibility in Legalized Society.
Legalized Society has been in progress since the 1980s. According to Shigeaki Tanaka, a representative
researcher on legalization theory in Japan, it is considered that in this period two factors contributed to theprogress of a legalized society in Japan20. The first is domestic factors such as rapid urbanization andprogress of industrialization after the latter half of the 1960s. The dispute resolution system has beentransformed. The second is international factors such as the progress of internationalization since the 1980s.
The conflicts between international companies and trade friction became frequent.
In Japan, where a legalized society has developed, not only can we build a better dispute resolution
system, but it is extremely important for each citizen to acquire legal literacy as a condition of citizenship.
Specifically, each citizen is required to acquire the awareness and ability to participate in communication andmaking certain legal decisions while taking full advantage of legal thinking skills and dispute resolution skills
against legal problems. The author thinks that it will be expected more and more from now on.
Institutional background includes the introduction of the lay judge（saiban-in）system in Japan. In May
2009, the lay judge（saiban-in） system was launched to give ordinary citizens a direct role in the criminal
judicial process. The establishment of the Justice System Reform Council in July 1999 became an important
opportunity to make the introduction of todayʼs lay judge system a reality. In the final opinion proposed inJune 2001, the Justice System Reform Council proposed the direction of citizenʼs judicial participation with
the introduction of the lay judge system. Changes in society such as the introduction of this lay judge system
can be considered as one of the developments of the legalized society. In such a society, not only lawyers, butalso citizens are required to acquire legal citizenship. This is evident also from the fact that the Justice
System Reform Council pointed out the importance of Law-Related Education21.
Educational background includes the improvements of Course of Study in Japan. In January 2008, the“Report on improvements of Courses of Study at kindergarten, elementary school, junior high school, highAmerican Bar Association Division for Public Education. (1995). Making Rules & Laws. American Bar Association Division for
Public Education. (1995). Resolving Conflict. American Bar Association Division for Public Education. (1996). Serving theCommunity. American Bar Association Division for Public Education. (1996). Influencing Public Policy.
20
Shigeaki TANAKA. (1996). Gendaishakaito Saiban: Minjisoshono Ichito Yakuwari. Kobundo. p. 1. (田中成明『現代社会と裁判
─民事訴訟の位置と役割─』弘文堂，1996 年，p. 1.)
21
Shihouseidokaikakushingikai. (2001). Shihouseidokaikakusingikai Ikensho: 21seikino Nihonwo Sasaeru Shihouseido. pp.
102-103.（司法制度改革審議会『司法制度改革審議会意見書─ 21 世紀の日本を支える司法制度─』2001 年 6 月，pp. 102-103.）
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school and special school etc.”22 by the Central Council for Education stated that Law-Related Education was
positioned at the school education. Specifically, through understanding of socio-economic systems such asincreasing the role of justice, it is important to realize a sustainable society, developing citizenship toparticipate in public matters.
Law-Related Education in the Courses of Study is addressed through a cross-curricular approach. Social
studies aims at developing citizenship. Home economics is aimed at appreciating family life and family, workand oneʼs role in the family, one and oneʼs family life as a consumer. Moral education is aimed at respecting
promises and rules, laws and rules, personal responsibility, significance of laws and rules, justice, role andresponsibility. Special activities is aimed at nurturing voluntary and practical attitudes to solving problems.
B. Law-Related Education in Social Studies23
1. Law-Related Education in Elementary Social Studies
In “The 2008 Elementary Social Studies Course of Study”24, Law-Related Education, was positioned clearly
as follows. In grade 3 and grade 4, content (3) “securing drinking water, electricity, gas and waste necessary
for the lives of local people”, content (4) “Prevention of disasters and accidents in communities”, we deal with
important laws and rules in conducting local social life. In grade 5, viewpoints of laws and rules are seen in thelearning item ③ “The importance of protecting public health and living environment from pollution” of thecontent (1) “The state of nature in our country, etc.”. In grade 6, viewpoints of laws and rules are seen in thelearning item ⑧ “The promulgation of the Constitution of the Empire of Japan” and the learning item ⑨ “Theestablishment of the Constitution of Japan” of the content (1) “Main events in the history of our country”.
Furthermore, we deal with the relationship between the National Assembly and the Cabinet, the courtʼsthree powers, and the judicial participation of the people in the learning item ② “The Constitution of Japan”
of the contents (2) “Political Work in Japan” .
“The 2017 Elementary Social Studies Course of Study”25 shows the improvement of the contents. LawRelated Education is positioned mainly as follows. Firstly, it is the 4th grade content (2) “business that
supports peopleʼs health and living environment”. Secondly, it is the 6th grade content (1) “political work inJapan”. It deals with the Constitution, the three branches of government̶legislative, administrative andjudicial̶and political efforts by national and local governments. Law-Related Educational Contents in
Elementary Social Studies include the Environmental Basic Act, the Constitution, the Constitution of the
Empire of Japan, the Waste Disposal and Public Cleansing Act, the Cultural Assets Preservation Act, andInternational Law.
2. Law-Related Education in Lower Secondary Social Studies“The 2017 Secondary Social Studies Course of Study”26 shows the improvement of the contents. LawRelated Education is positioned mainly as follows: firstly, history such as the Constitution of the Empire ofJapan; secondly, civics, which deals with views and perspectives in society, work and the market economy,
respect for human beings and the Constitution, democratic politics and political participation, world peace andhuman welfare. Typical keywords of Law-Related Education in Lower Secondary Social Studies are “Rulebuilding”, “Conflict and agreement, efficiency and fairness”, “Mutual respect of human rights”, “Participationin the judicial system”, “Participation in society/social participation”, and “Contract” in the field of Civics.

Chuoukyouikushingikai. (2008). Yochien, Shogakko, Chugakko, Kotogakkoyobi Tokubetsushiengakkono Gakushushidoyoryono
Kaizennitsuite(Toshin). (Report on improvements of Courses of Study at kindergarten, elementary school, junior high school,
junior high school, high school and special school etc.).（中央教育審議会「幼稚園，小学校，中学校，高等学校及び特別支援学校の学習指導要領等の改善について（答申）」2008 年 1 月。
）
23
Educational contents and learning items in “Social Studies Course of Study” are distributed into numbers and katakana foreach grade. The original is written in katakana, but this paper is written in circled numbers in order to be read easily. For
example, ア(a), イ(i), ウ(u) is translated into ①, ②, ③.
24
Monbukagakusho. (2008). Shokakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『小学校学習指導要領解説社会編』
2008 年 6 月。
）
25
Monbukagakusho. (2017). Shokakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『小学校学習指導要領解説社会編』
2017 年 6 月。
）
26
Monbukagakusho. (2017). Chukakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『中学校学習指導要領解説社会編』
2017 年 6 月。
）
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C. The Efforts of Law-Related Education by the Ministry of Justice
The Law-Related Education Promotion Council established in May 2005, has been conducting about 40
activities on an ongoing basis27. According to the “Guidelines for the Promotion of Law-Related Education”28
presented in May 2005, the purpose of this council is to fulfill learning opportunities related to justice and law
in school education in Japan as follows: firstly, the practice of Law-Related Education in school education etc.;
secondly, efforts regarding Law-Related Education by educators and lawyers; thirdly, the preparation ofteaching materials for Law-Related Education on the lay judge system; fourthly, others such as research,
practice, and methods of dissemination regarding Law-Related Education.
These activities by the Law-Related Education Promotion Council, can be divided into the first phase fromMay 2005 to April 2007, the second phase from July 2007 to February 2010, the third phase from April 2010 to
February 2014, the fourth phase from March 2014 to February 2016, and the fifth phase from March 2016.
The goal of the first and second phases was to develop teaching materials. In the 1st phase, the LawRelated Education Promotion Council finally presented two results as follows: firstly, creating teachingmaterials for junior high school; secondly, summarizing issues through consultation of Law-Related Education
Promotion Council. In the second phase, the Law-Related Education Promotion Council dealt with LawRelated Education in Private Law and improvement of Law-Related Education in elementary school. The goalof the third phase though the current phase is to improve teaching materials and disseminate them. In thethird phase, the Law-Related Education Promotion Council discussed ways to disseminate Law-Related
Education, including holding a Law-Related Education writing contest. In the fourth phase, the Law-Related
Education Promotion Council discussed ways to disseminate and provide information on Law-Related
Education. In the fifth phase, the Law-Related Education Promotion Council is dealing with development ofaudiovisual teaching materials for Law-Related Education.

V. THE IDEA OF JUSTICE STUDIES IN ELEMENTARY AND JUNIOR HIGH SCHOOL
A. Law-Related Educational Program for Junior High School
1. Development of “The First Law-Related Education”29
The Ministry of Justice launched the Law-Related Education Study Group, organized the Law-Related
Education Teaching Materials Preparation Subcommittee, and developed the Law-Related Education Unit inLower Secondary Social Studies. In March 2005, “First Law-Related Education” was published. It was due tothese efforts that Law-Related Education for junior high school spread and developed across the country.
2. Establishment of Law-Related Education in Japan
According to “The First Law-Related Education”, Law-Related Education in Japan is defined as“Education for the public who are not legal experts to understand the law, the justice system, the values
underlying these, and to acquire legal thinking”. The goals of Law-Related Education in Japan are tounderstand the basic principles of the constitution and law, to develop the abilities necessary to participate in
the management of a free and fair society, to understand that the law is familiar in everyday life, and to act
according to law consciously in daily life and to foster the ability to use the law actively.
The contents of “The First Law-Related Education” are organized into four Law-Related Educational units
such as “Rule making”, “Private law and consumer protection”, “The significance of the constitution”, and“Justice”. “Rulemaking” means the necessity of rule creation. “Private law and consumer protection” means
understanding the relationship between individuals and individuals with law. “The significance of theconstitution” means understanding the relationship between individuals and the state by law. “Justice” means
dispute resolution by law. Under these Law-Related Educational units, while being aware of legal actors as
citizens to be related to the law, learning activities are organized in view of the dynamic aspects of the law as
Homusho. Hokyoikusuisinkyougikai.（法務省「法教育推進協議会」（http://www.moj.go.jp/shingi1/kanbou_houkyo_kyougikai_index.html）（visit; 2018. 1. 5））28
Homusho. (2005). Hokyoikusuisinkyougikaikaisaiyouryou.（法務省「法教育推進協議会開催要領」2005 年 5 月（http://www.moj.
go.jp/KANBOU/HOUKYO/kyougikai/gaiyou01-01.pdf）（visit; 2018. 1. 5））29
Hokyoikukenkyukai. (2005). Hajimeteno Hokyoiku: Wagakuniniokeru Hokyoikuno Fukyu・Hattenwo Mezashite. (First LawRelated Education). Gyosei.（法教育研究会『はじめての法教育─我が国における法教育の普及・発展を目指して─』ぎょうせい，2005 年 3 月。
）
27

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contents to form the attitude of participation in the law.
3. The Idea of Justice Studies for Lower Secondary School
The definition of justice studies is that students understand that, firstly, justice is a means of preserving
law and order by protecting infringed rights and dealing with rules violations; secondly, the trial puts all
parties in an equal position and a fair third party makes judgments based on fair rules through appropriate
procedures. The goals of justice studies for Lower Secondary School are: firstly, increasing interest in the trial
structure while comparing it with various dispute resolution methods; secondly, discovering legal problems in
the cases of conflict, analyzing and evaluating the causes and points of conflict, and making judgments basedon the evidence; thirdly, allowing students to think about and decide how to deal with laws and rules
violations on a case-by-case basis; fourthly, understanding the mechanism and function of a fair trial based on
the law in connection with the case. The contents of justice studies for Lower Secondary School are organized
into 3 class periods. The first period is “Conflict resolution and civil trial in daily life”. The second period is“Thinking about characteristics of criminal trials through comparison with civil trials”. The third period is“Participation in the lay judge system”.
B. Law-Related Educational Program for Elementary School
1. Development of “Whose rule? Considering Law-Related Education”30
The Law-Related Education Promotion Council summarizes the following three ways to develop teachingmaterials for Law-Related Education in elementary schools in a revised report, “Creation of Law-Related
Education Teaching Materials for Elementary School Students”31. Firstly, in the elementary school, there is apossibility to devise various classes based on the philosophy of Law-Related Education. Secondly, inelementary school, enhanced learning effect can be expected by incorporating educational methods such as
performing role-playing on familiar issues. Thirdly, in elementary school, it is useful to create opportunities tomake rules in life and play and think about the solution when trouble happens between friends when teaching
Law-Related Education.
The Law-Related Education Promotion Council developed the Law-Related Education Unit in Elementary
School by reference to “Creation of Law-Related Education Teaching Materials for Elementary SchoolStudents”. In March 2014, “Whose rule? Considering Law-Related Education” was published. The contents of“Whose rule?” are organized into four Law-Related Educational units: “Resolving a quarrel between friends”,“To promise and to defend” for 3rd and 4th grades; “Living in an information society: as a receiver andsender” for 5th grade; and “Conflict resolution: participation in judicial judgment, making rules” for 6th grade.
2. The Idea of Justice Studies for Elementary School
The goals of justice studies for elementary school are as follows: firstly, increasing the interest in the lay
judge system and understanding the significance of citizenʼs judicial participation; secondly, accurately
grasping and evaluating facts and expressing your ideas appropriately based on facts, through case examplesof familiar conflicts in school life; thirdly, understanding the significance of thinking actively and thinking
about finding solutions, in order to solve problems related to the interests of everyone; fourthly, thinking
about the significance of the rules in social life by solving problems around them by creating rules.
The contents of justice studies for elementary school are organized into 3 themes as 5 class periods. The
first theme is “The structure of the court, the role of people involved in the trial”. The second theme is“Resolution of disputes concerning everyoneʼs interests”. The third theme is “What is the truth?”. The
methods of justice studies for elementary school have the following features: experiencing fact-finding basedon familiar cases and discussing how to resolve conflicts.
According to the childʼs developmental stage in 6th grade, teaching materials of justice studies forelementary school address the judiciary through childrenʼs experiences with fact-finding based on familiar
cases. Discussing the way of resolving conflict, children can think about the significance of citizenʼs judicial
Hokyoikusuishinkyogikai. (2014). Rulewa Darenomono: Minnade Kangaeru Hokyoiku. (Whose rule? Considering Law-Related
Education). Homusho.（法教育推進協議会『ルールは誰のもの？─みんなで考える法教育─』法務省 2014 年 3 月。
）
31
Hokyoikusuishinkyogikai. (2009). Shogakkowo Taishotoshita Hokyoikukyozaireino Sakuseinitsuite. (Creation of Law-Related
Education Teaching Materials for Elementary School Students). Homusho.（法教育推進協議会『小学校を対象とした法教育教材
例の作成について』法務省，2009 年 8 月。）
30

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participation. Using gained knowledge and way of thinking through those learning activities, children can findproblems in real social life, solve problems and make rules. With a 6th grade level in mind, teaching materialsof justice studies for elementary school are organized across the subjects such as social studies, the period for
integrated studies, and special activities.

VI. CONCLUSION
This paper has shown the current situation and challenges of Law-Related Education as follows: firstly,
Law-Related Educational Curriculum is developed by the functions of law. Law-Related Educational
Curriculum shows the relationship between law actors and the law. Secondly, Law-Related Education
includes justice studies. The contents of justice studies are citizen participation, the Constitution, dispute
resolution, due process, and protection of equality. Recently, it has become important to practice LawRelated Education in Japan. Law-Related Education is expected to educate citizens and has the effect tocontinue dialogue with each other while showing the basis of opinion in human relations and to respect thevalues of yourself and others and find consensus. Law-Related Education is also expected to foster viewing
and thinking in modern society such as conflict and agreement, efficiency and fairness.
References
Public Law 95-561. (1978). Law-Related Education Act of 1978.
American Bar Association Division for Public Education. Law-Related Education Network. (https://www.
americanbar.org/groups/public_education/resources/law_related_education_network.html)(visit; 2018.1.
5).
Report of the American Bar Association Special Committee on Youth Education for Citizenship. (1975). LawRelated Education in America: Guidelines for the Future. American Bar Association.
Study Group on Law-Related Education on Law-Related Education. (1978). Final Report of the U. S. Office of
Education. U. S. Government Printing Office. (ED175 737).
Anderson, Charlotte C. (1980). Promoting Responsible Citizenship Through Elementary Law-Related
Education. Social Education. Vol. 44-5.
Center for Civic Education. (1998). Foundations of Democracy; Upper Elementary, Middle School, HighSchool.
National Institute for Citizen Education in the Law. (2005). Street Law; A Course in Practical Law, Seventh
Edition. West Publishing Company.
Phi Alpha Delta Public Service Center. (1995). Respect Me, Respect Yourself.
American Bar Association Division for Public Education. (1995). Making Rules & Laws.
American Bar Association Division for Public Education. (1995). Resolving Conflict.
American Bar Association Division for Public Education. (1996). Serving the Community.
American Bar Association Division for Public Education. (1996). Influencing Public Policy.
Center for Civic Education and the National Conference of State Legislatures. (2008). Project Citizen.
Kyoko ISOYAMA. (2000). Construction of Law-Related Education in the United States. Annual Report of
Graduate Studies in Education. Vol 24. Doctoral Program Education University of Tsukuba. pp. 133-144.
original Japanese.（磯山恭子「アメリカの法教育におけるカリキュラム構成に関する研究─法の社会的機能の類型を手がかりとして─」『教育学研究集録』第 24 集，筑波大学大学院博士課程教育学研究科，2000
年，pp. 133-144. ）124

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Kyoko ISOYAMA. (2001). Amerikaniokeru Hokyoikuno Toutatutenkara Manabu. Zenkokuhoukyouikunetwork,
ed. Hokyoikuno Kanousei: Gakkouniokeruniokeru Rironto Jissen. Gendaijinbunsha. pp. 164-176.（磯山恭子「アメリカにおける法教育の到達点から学ぶ」全国法教育ネットワーク編『法教育の可能性─学校教育における理論と実践─現代人文社，2001 年 7 月，pp. 164-176.）
Yuji EGUCHI, Kyoko ISOYAMA, eds. (2008). Shogakkono Hokyoikuwo Tsukuru: Hou・Rule・Kimariwo
Manabu. Toyokanshuppansha.（江口勇治，磯山恭子編『小学校の法教育を創る─法・ルール・きまりを学ぶ─』東洋館出版社，2008 年 5 月。
）
Yuji EGUCHI, Yaruhiro OKURA, eds. (2008). Chugakkono Hokyoikuwo Tsukuru: Hou・Rule・Kimariwo
Manabu. Toyokanshuppansha.（江口勇治，大倉泰裕編『中学校の法教育を創る─法・ルール・きまりを学ぶ─』東洋館出版社，2008 年 5 月。
）
Yuhikaku. (2004). Jurist. Vol 1268.（『ジュリスト』No. 1268，有斐閣，2004 年 6 月。）
Shihouseidokaikakushingikai. (2001). Shihouseidokaikakusingikai Ikensho: 21seikino Nihonwo Sasaeru
Shihouseido.（司法制度改革審議会『司法制度改革審議会意見書─ 21 世紀の日本を支える司法制度─』2001 年 6 月。
）
Chuoukyouikushingikai. (2008). Yochien, Shogakko, Chugakko, Kotogakkoyobi Tokubetsushiengakkono
Gakushushidoyoryono Kaizennitsuite (Toshin). (Report on improvements of Courses of Study atkindergarten, elementary school, junior high school, junior high school, high school and special school etc.).
（中央教育審議会「幼稚園，小学校，中学校，高等学校及び特別支援学校の学習指導要領等の改善について（答申）」2008 年 1 月。
）
Monbukagakusho. (2008). Shokakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『小学校学習指導要
領解説社会編』2008 年 6 月。
）
Monbukagakusho. (2017). Shokakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『小学校学習指導要
領解説社会編』2017 年 6 月。
）
Monbukagakusho. (2008). Chukakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『中学校学習指導要
領解説社会編』2008 年 6 月。
）
Monbukagakusho. (2017). Chukakko Gakushusidoyoryo Kaisetsu Shakaihen.（文部科学省『中学校学習指導要
領解説社会編』2017 年 6 月。
）
Homusho. Hokyoiku.（法務省「法教育」（http://www.moj.go.jp/housei/shihouhousei/index2.html）（visit; 2018.
1.5）.）
Hokyoikukenkyukai. (2005). Hajimeteno Hokyoiku: Wagakuniniokeru Hokyoikuno Fukyu・Hattenwo Mezashite.
(First Law-Related Education). Gyosei.（法教育研究会『はじめての法教育─我が国における法教育の普及・発展を目指して─』ぎょうせい，2005 年 3 月。）
Hokyoikusuishinkyogikai. (2007). Hajimeteno Hokyoiku Q&A. Gyosei.（法教育推進協議会『はじめての法教育
Q&A』ぎょうせい，2007 年 3 月。
）
Hokyoikusuishinkyogikai. (2007). Saibaninseidowo Daizaitoshita Kyoikukyozai. Homusho.（法教育推進協議会『裁判員制度を題材とした教育教材』2007 年。）
Hokyoikusuishinkyogikai. (2009). Shihobunyakyoikuno jyujitsuto Hokyoikuno Saranaru Hattennimukete.
Homusho.（法教育推進協議会『私法分野教育の充実と法教育の更なる発展に向けて』法務省，2009 年 5月。
）
Hokyoikusuishinkyogikai. (2009). Shogakkowo Taishotoshita Hokyoikukyozaireino Sakuseinitsuite. (Creation of
Law-Related Education Teaching Materials for Elementary School Students). Homusho.（法教育推進協議会『小学校を対象とした法教育教材例の作成について』法務省，2009 年 8 月。）
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Hokyoikusuishinkyogikai. (2014). Rulewa Darenomono: Minnade Kangaeru Hokyoiku. (Whose is rules?).
Homusho.（法教育推進協議会『ルールは誰のもの？─みんなで考える法教育─』法務省 2014 年 3 月。
）
Hokyoikusuishinkyogikai. (2015). Hoya Rulette Naze Hitsuyonandarou? Watasgutachito Ho. (Why Do We Have
to Make Laws and Rules?). Homusho.（法教育推進協議会『法やルールって、なぜ必要なんだろう？─私たちと法─』法務省，2015 年 3 月。
）
Additional Statement: This paper is rewritten in English by referring to the references, especially my copy.

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PRACTICE OF LAW-RELATED EDUCATION TO DEVELOP LEGAL
LITERACY
Kyoko ISOYAMA＊

I. INTRODUCTION
The purpose of this paper is to introduce the practice of Law-Related Education to develop legal literacy
in Japan, focusing on the practice of Law-Related Education in elementary school, the efforts of Law-Related
Education by courts and bar associations, and the efforts of Law-Related Education for teacher training inteachersʼ colleges. The practice of Law-Related Education in elementary school is known as Justice Studies.
One of the learning activities is a case study called Soji Toban (Cleaning Duty, hereinafter referred to as theSoji Toban case study), which conveys the idea of justice within the context of school culture, education andlaws and rules in Japan. Recently, various efforts of Law-Related Education have been implemented todevelop legal literacy for citizens, trainee teachers and teachers.

II. PRACTICE “DISPUTE RESOLUTION:
PUBLIC PARTICIPATION IN THE JUDICIAL PROCESS, MAKING RULES”
A. Process of “Dispute resolution: Public Participation in the Judicial System, Making Rules”1
This section presents a Soji Toban case study developed by the Law-Related Education Promotion
Council. The Soji Toban case study was published in “Whose rules? Considering Law-Related Education”2.
The contents of “Whose rule?” are organized into four Law-Related Educational units. The Soji Toban casestudy is one of the learning activities in the third unit which is titled “Dispute resolution: participation in
judicial judgment, making rules” for 6th grade.
Japanese schools have a custom of the Soji Toban that are different from foreign schools. Through thiscase study, elementary school children can learn the idea of fact-finding in the judicial system. After that,
according to their awareness, they can come to know other problems in their classroom and learn to makerules to solve those problems by themselves.
The Soji Toban case study takes place based on the following facts3.
In xxx Elementary School, the time for cleaning is set between 1:00 and 1:15 in the afternoon.
The 6-1 Class is assigned to clean four places: its classroom (including a sink), a music room (4th floor),and stairs between the 1st floor and the 4th floor. The class has four groups, each of which is composed ofeight pupils. Each group changes the place to clean every week among the four places. The music roomhas cleaning equipment to be used only for the room. Brooms and dustpans in a cleaning closet in theclassroom are to be used for the classroom, the corridor, and the stairs. There are two dustpans in thecloset, and pupils use one for both the classroom and the corridor, and the other for the stairs.
The goal of the 6-1 Class is “to clean as much as possible.” Every day, they finish the cleaning within
the scheduled 15 minutes, and then the whole class enjoys playing tag or another game in the schoolyard.

Faculty of Education, Shizuoka University, Japan.
Hokyoikusuishinkyogikai. (2014). Rulewa Darenomono: Minnade Kangaeru Hokyoiku. (Whose rules? Considering Law-Related
Education). Homusho. pp. 46-68. （法教育推進協議会『ルールは誰のもの？─みんなで考える法教育─』法務省 2014 年 3 月，pp.
46-68.）
2
Ibid.
3
Ibid. p. 52.
＊
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Work in this case is allotted as follows:4
There are 10 brooms and 2 dustpans in the cleaning closet in the classroom. The dustpans are sharedby pupils to clean places (1), (2), and (3).
(1) Classroom

8 pupils (4 for sweeping the floor with brooms, 4 for wiping the floor)(2) Corridor & sink

8 pupils (2 for sweeping the floor with brooms, 2 for cleaning the sink, 4 for
wiping the floor)(3) Stairs

8 pupils (4 for sweeping the floor with brooms, 4 for wiping the floor)(4) Music room

8 pupils (there are cleaning tools only for the room)

The following problem occurs:5
One day, Ms. A on cleaning duty got angry, saying that some people skipped their cleaning duty. Mr.
B and Mr. C, who were criticized by name as truants, retorted that they did not skip their duty. They
started to quarrel, which did not settle down. Other pupils gathered anxiously. Other pupils who hadfinished cleaning the other places as scheduled came to see how things were going. They had waited for
all the classmates to get together in the schoolyard, but noticed there were no pupils in charge ofcleaning the classroom. In the end, they could not play tag with all the classmates, which they had looked
forward to.
After the children assess what state the case is in, they and the teacher will conduct the following roleplay6.
Teacher: Whatʼs the matter?
Ms. A (Classroom): Soon after we started cleaning the classroom, Mr. B and Mr. C disappeared. It is not
the first time. They were getting along well, and they often chatted during cleaning time by shirking thecleaning duty. Even today, they disappeared as usual. Even when I tell them to clean, they always makeexcuses. I felt bad about their attitude.
Teacher: Was it hard to clean without the two of them?
Ms. A (Classroom): Today, one person was absent, which made it hard to carry desks. It was at least
seven minutes since they disappeared. They were long coming. Therefore, we had to work much harder
to complete the cleaning within the cleaning time. Mr. B and Mr. C are blameful, as they ignore the goalof our class, “Clean as much as possible.”
Teacher: What were the two of you doing?
Mr. B (Classroom): She misunderstood us. It hurts me as I was engaged in cleaning seriously. I was oncleaning duty with a broom. I went to the closet to take a dustpan, but there was no dustpan. Feelingstrange, I asked people in charge of cleaning the corridor and the stairs where the dustpan was. When I
finally found it and came back, she criticized me for having avoided the cleaning duty. I think it isunreasonable. In the first place, it was only twice that we were accused of chatting during cleaning time.

Ibid. p. 53.
Ibid.
6
Ibid. pp. 54-55.
4
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Mr. C (Classroom): Mr. B was cleaning the classroom. When I heard there was no dustpan, I went with
him to search for another dustpan. A person in charge of cleaning the corridor told us that persons incharge of cleaning the stairs use both. Therefore, I instantly went to the people in charge of cleaning thestairs. First, we went downstairs to the first floor and asked the person in charge of cleaning the stairs on
the first floor for a dustpan. But we were told we couldnʼt use it. Then we went upstairs to the fourth
floor and waited for a person to finish using a dustpan. Finally, we got the dustpan and returned. Yet, wewere accused of having skipped the duty, and nobody listened to us. It is unreasonable. Unless wefetched a dustpan, we could not gather any trash.
Teacher: Ms. D, you were in the corridor, werenʼt you?
Ms. D (Corridor): I was cleaning the corridor. As Ms. A said, Mr. B and Mr. C were not in the classroom
for a long time. I saw them going out of the classroom together. After a while, they were near the stairs. I
saw them fooling around. Mr. B was tickling Mr. C in the ribs, and Mr. C burst into laughter. They did notseem to be looking for a dustpan. As they were always talking about soccer, they must have been talking
about it then. In the first place, only one person is enough to pick up a dustpan. There is no need for two
persons to fetch it.
Teacher: Mr. E, you were in the stairs, werenʼt you? Did you see two of them?
Mr. E (Stairs): Mr. B and Mr. C came to the stairs. I was on the fourth floor, and they ran up the stairs
from the first floor. As I was using a dustpan, I had them wait for a while. Later I heard that a first
grader turned over a trash can on the first floor and tiny pieces of wastepaper were scattered on thestairs. Therefore, people on the first floor could not give them the dustpan.
Teacher: Ms. D said that you and Mr. B were fooling around.
Mr. C (Classroom): Ms. D said I was fooling around, but that means that she kept looking toward thestairs without cleaning the stairs. I believe it is she that skipped the cleaning duty. As Ms. D has bad
eyesight, she might mistake somebody else for me. Or, as she is good friends with Ms. A, she is convincedthat we always skip cleaning duty. First, we tried to retrieve the dustpan from a person on the first floor,
but failed. Then, we went up to Mr. E on the fourth floor. Again, we were told to wait. We went
downstairs to the third floor and waited for Mr. E to return the dustpan there. Come to think of it, Mr. B
cleaned some dirt off my clothes while we were waiting. Iʼm sure his action seemed playful to her.
In the case, Mr. B & Mr. C asserted that they did not skip cleaning duty, Ms. A asserted that they did skip
cleaning duty, Ms. D testified that they did skip cleaning duty, and Mr. E testified as an unbiased witness that
Mr. B and Mr. C had been looking for a dustpan and that one had not been returned from the first floor.
Children get into character as Ms. A, Mr. B, Mr. C, Ms. D, and Mr. E, and they all explain what theyexperienced.
The teacher will ask the children, “Whatʼs the matter?” “Was it hard to clean without the two of them?”“What were the two of you doing?” “Ms. D, you were in the corridor, werenʼt you?” “Mr. E, you were on thestairs, werenʼt you? Did you see two of them?” “Ms. D said that you and Mr. B were fooling around.”The process of Soji Toban has mainly 6 steps:7① Read the case Soji Toban② Do the role-play.
③ First, think about whether Children B & C did or did not skip cleaning duty in your opinion. Why did
you think so?
④ Discuss the Soji Toban case. Think about whether Children B & C did or did not skip cleaning duty in

7

Ibid. pp. 50-60.

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the groupʼs opinion.
⑤ Present the groupʼs opinion.
⑥ Then, after discussion, think about whether Children B & C did or did not skip cleaning duty in youropinion. Why did you think so? Did your opinion change?
When children look back on their experiences during the case study, they come to consider:8 firstly,“When judging what was true, what kinds of things should you be careful about?”, such as being careful informing oneʼs judgment and being conscientious of resolving all conflicts; secondly, viewing and thinking
about justice; thirdly, the comparison of the Soji Toban case with trials; and fourthly, the interest in the lay
judge system.
B. Childʼs Legal Viewing and Thinking ModelIn the process of legal thinking, which is one of problem solving, there are several states including the“stage of searching for legal norms for problem solving”, “stage of interpreting and applying the founded
norms”, “examining the results and making decisions stage” and “the stage legally justifying the decision”9.
Given the discussions over these stages of legal thinking, childrenʼs legal views and thinking can be
hypothetically represented graphically as the figure below indicates10.

Fig. Childʼs legal viewing and thinking model〈Fumihiko TAKAHASHI. (2013). Hotekishikoto Ronri. Seibundo. p. 227. In reference to Fig. 10-3, author
designed from childʼs perspective.〉
The childʼs legal viewing and thinking works in a series of “conflict resolution” processes such as finding
problems, applying rules, and thinking of solutions. The childʼs legal view and thinking work greatly, among
other things, when the child applies rules. Specifically, the child will analyze problems to solve using two
viewpoints such as “making laws” by legislators entrusted with legislation and “value judgments” for benefits
and costs to individuals. From the viewpoint of “making laws”, the child will consider based on the “legal
judgment” criteria of laws and articles made by agreeing to be “good to everyone”. From the viewpoint of“value judgments”, the child will consider based on the criteria of whether the values are “good for the
Ibid. pp. 61-64.
Keizo YAMAMOTO. (1997). Hotekishikono Kosoto Tokushitsu: Jikorikaino Genkyoto Kadai. Masahiko IWAMURA, et al. eds.
Gendaihogakuno Shisoto Hoho. (Iwanamikoza Gendaino Ho 15). Iwanamishoten. pp. 256-258.（山本敬三「法的思考の構想と特質─自己理解の現況と課題─」岩村正彦他編『現代法学の思想と方法（岩波講座現代の法 15）』岩波書店，1997 年 6 月，pp.
231-268.）
10
Fumihiko TAKAHASHI. (2013). Hotekishikoto Ronri. Seibundo. pp. 193-232.（高橋文彦『法的思考と論理』成文堂，2013 年，
pp. 193-232.）
8
9

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VISITING EXPERTSʼ PAPERS

individual” or good for everyone. The child will think about events in social life and act to solve problems
while going back and forth through legal viewing and thinking processes.

III. IMPORTANCE OF COOPERATION WITH LAWYERS AND EDUCATORSFOR EFFECTIVE LAW-RELATED EDUCATION
A. Law-Related Education to Develop Citizenship
The authorʼs idea of citizenship is to encourage society to realize a better society, interested in problems
that are occurring in society, and discussing cooperatively with diverse people toward solving the problems11.
In the field of social studies, citizenship is generally defined as “knowledge, understanding, ability, attention,
attitude required as a member of the state and society.”12
The role of Law-Related Education to develop citizenship is as follows. Firstly, it is to be interested in thelegal issues that are happening in society. Secondly, it is to discuss cooperatively with diverse people toward
solving legal problems. Thirdly, it is to utilize viewing and thinking of legal things.
Jane Jenson explains that contemporary issues involving citizenship and law include citizenshiprequirements and their limits, the relationship between citizenship and democratic rules, and defining
citizenship with a national perspective13. Such a reaffirmation of citizenship has had influence on the meaningof legal literacy. Legal literacy as an aspect of citizenship will be discussed, firstly, as participation in thepolitical community in light of oneʼs rights and responsibilities, secondly, as democratic participation and,thirdly, as participation as a member of the nation.
B. Law-Related Education to Educate Citizens
Law-Related Education in the United States is addressed as part of education for citizens. At that time,education for citizens is expressed in three phrases: “civic education” “citizenship education” or “public
education”. Law-Related Education as Civic Education is positioned in political education and civic education
to foster citizens who can make decisions14. Law-Related Education as Citizenship Education refers to one
approach to developing citizenship such as multicultural education, environmental education and Educationfor Sustainable Development (ESD)15. Law-Related Education as Public Education is considered as an
educational activity for those who are not legal experts16.
“Lawyers in the Classroom”17 by the American Bar Association shows the importance of cooperation
between lawyers and educators through suggesting the way to prepare for Law-Related Education classes.
Specifically, those are to call the school, prepare, think about the student, observe the time, talk with eyes, ask
for opinions and urge questions, participate actively, meet as a real person, be lively, ensure both sides of thedebate are addressed, frequently ask students questions, share personal experience with the matter, teach incooperation with teachers, refer to bulletin boards and postings, call on some students, walk around theclassroom, enable studentsʼ questions and reactions to be heard throughout the class, prepare 35 copies, andleave the distribution to the teacher.

Kyoko ISOYAMA. (2016). Shogakko Shakaikaniokeru Houtekiliteracyno Ikuseiwo Mezasu Jyugyono Koso:
Hotekisankagakushuno Jireiwo Tsujite. Kiyoshi KARAKI, ed. ‘Komintekishishitsu’towa Nanika: Shakaikano Kako・Genzai・Miraiwo Saguru. Toyokanshuppansha. pp. 26-27. （磯山恭子「小学校社会科における法的リテラシーの育成を目指す授業の構想
─法的参加学習の事例を通じて─」唐木清志編著『「公民的資質」とは何か─社会科の過去・現在・未来を探る─』東洋館出版
社，2016 年，pp. 26-27.）
12
Akihide TANIKAWA. (2000). Komintekishishitau. Nihonshakaikakyoikugakkai. ed. Shakaikakyoikujiten. Gyosei. pp. 53-55.（谷川彰英「公民的資質」日本社会科教育学会（編）『社会科教育辞典』ぎょうせい，2000 年 10 月，pp. 54-55.）
13
Jenson, Jane. (2006). Introduction: Thinking about Citizenship and Law in an Era of Change. Law Commission of Canada. ed.
Law and Citizenship. UBC Press. pp. 3-21.
14
Niemi, Richard G. and June, Jane. (1998). Civic Education; What Makes Students Learn. Yale University. p. 29.
15
Parker, Walter C. and Kaltsounis, Theodore. (1986). Citizenship and Law-Related Education. Atwood, V. A. ed. Elementary
School Studies: Research as a Guide to Practice. National Council for the Social Studies. pp. 14-33.
16
Peck, Robert S. and White, Charles J. eds. (1983). Understanding the Law: A handbook on Educating the Public. American Bar
Association.
17
White, Charles, ed. (1984). Lawyers in the Classroom. American Bar Association Special Committee on Youth Education for
Citizenship.
11

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C. Law-Related Education as Public Education
Law-Related Education in Japan as Public Education is implemented through various efforts byorganizations such as the Ministry of Justice, the Ministry of Education, Culture, Sports, Science andTechnology, the Japan Federation of Bar Associations, other bar associations, the Japan Federation of ShihoShoshi Lawyers Association, each Shiho-Shoshi Lawyers Association, and the Supreme Court. Below, theefforts of Law-Related Education by courts and bar associations are introduced18.
Law-Related Education by courts is implemented by lectures by judges, mock trials or mediations, court
visits and the creation of audiovisual teaching materials19. In 2002, the Kanto Bar Association held asymposium on the theme of “Law-Related Education for Children”. On April 19, 2003, the “Law-Related
Education Committee for Citizens” was established. The “Law-Related Education Committee for Citizens” isaimed at the following:20 firstly, the formulation and practice of Law-Related Education to nurture andsupport members in the free and fair democratic society; secondly, the research and development of teachingmaterials for Law-Related Education in schools etc.; thirdly, information exchanges with educatorsconcerning Law-Related Education; and, fourthly, other measures necessary for achieving the abovementioned measures.

IV. TEACHER TRAINING EFFORTS IN LAW-RELATED EDUCATIONThe efforts of Law-Related Education for teacher training at Shizuoka University as a teachersʼ college
are cooperation with the Ministry of Justice, cooperation with the Japan Federation of Bar Associations andthe Shizuoka Bar Association, cooperation with the Court, the investigation of the judicial systems in othercountries, and practicing Law-Related Education lessons.
Firstly, through cooperation with the Ministry of Justice, officials and students discuss development of
Law-Related Educational teaching materials and classes. Sometimes students can meet “Hourisu-kun” which
is a character created by the Ministry of Justice for Law-Related Educational events. Secondly, mock trial
competitions for high school students are organized by the Japan Federation of Bar Associations. Students
learn how to participate in mock trials in high school in preparation for the event. Sometimes, students canmeet “Saisai” which is a lay judge character created by the Japan Federation of Bar Associations in LawRelated Educational events. Thirdly, students participate in a trial tour for university students organized by
the court. Fourthly, students interviewed judges and prosecutors in Guam and Helsinki. Fifthly, students
visited the border in Tijuana and learned the meaning of citizenship, equality and human rights from theirexperience. Sixthly, students as pre-service teachers practice Law-Related Educational lessons in junior highschools. Specifically, Law-Related Educational units include ʻContractʼ, ʻJudicial Systemʼ, ʻConflict andAgreementʼ. These practices can improve their instructional skills to teach children Law-Related Education.
Seventhly, through cooperation with the Shizuoka Bar Association, students used the courtroom to teachjunior high school students about Law-Related Education.

V. CONCLUSION
This paper has shown the practice of Law-Related Education to develop legal literacy in Japan. LawRelated Education is provided to non-lawyers such as children and students, citizens, and trainee teachers
and teachers as a part of teacher training. To enhance the effectiveness of Law-Related Education,
cooperation between educators and lawyers is important.
However, there are a number of challenges to cooperation between lawyers and educators. These
challenges include: firstly, the necessity of planned and ongoing projects; secondly, the support for autonomy
of lawyers and educators; thirdly, the investigation of the effects of Law-Related Education throughThe efforts of Law-Related Education by the Ministry of Justice can be found in my copy ʻCurrent Situation and Challenge for
Law-Related Educationʼ, same Resource Material Series.
19
Hokyoikukenkyukai. (2005). Hajimeteno Hokyoiku: Wagakuniniokeru Hokyoikuno Fukyu・Hattenwo Mezashite. (First LawRelated Education). Gyosei. pp. 149-150.（法教育研究会『はじめての法教育̶我が国における法教育の普及・発展を目指して̶』
ぎょうせい，2005 年 3 月，pp. 149-150.）
20
Nihonbengoshirengokai. Hokyoikutte Nani? （日本弁護士連合会「法教育ってなぁーに？」（https://www.nichibenren.or.jp/
activity/human/education.html)(visit; 2018.1.5）.）
18

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cooperation between lawyers and educators; fourthly, the clarification of legal qualities and abilities requiredof teachers; and, fifthly, the improvement of teacher training for Law-Related Education. It is hoped that LawRelated Education will be more deeply discussed and practiced by various people being actively involved.
References
Hokyoikusuishinkyogikai. (2014). Rulewa Darenomono: Minnade Kangaeru Hokyoiku. (Whose is rules?).
Homusho. （法教育推進協議会『ルールは誰のもの？─みんなで考える法教育─』法務省 2014 年 3 月。）
Kyoko ISOYAMA. (2018). Hokyoikuniokeru Shakaitekijishono Mikata・Kangaekatano Ikusei: Hotekishikono
Processwo Tegakaritoshite. Yuji EDUCHI, Yoshiyasu IDA, Kiyoshi Karaki, et al. eds. 21seikino Kyoikuni
Motomerareru ‘Shakaitekina Mikata・Kangaekata’. Teikokushoin. pp. 12-23. （磯山恭子「法教育における社会的事象の見方・考え方の育成─法的思考のプロセスを手がかりとして─」江口勇治監修，井田仁康，
唐木清志，國分麻里，村井大介『21 世紀の教育に求められる「社会的な見方・考え方」』帝国書院，2018 年
3 月，pp. 14-23. ）Akira HASEGAWA. (1996). Kaishakuto Hoshiko: Legal・Mindno Tetsugakunotameni. Nihonhyoronsha. （長谷川晃『解釈と法思考─リーガル・マインドの哲学のために─』日本評論社，1996 年 2 月。）
Naoki KOBAYASHI. (1991). Law and Legal Thinking: Characteristic and Limits of Legal Thinking. The Japan
Association of Legal Philosophy. Legal Thinking Today (The Annual of Legal Philosophy 1990).
Yuhikaku. pp. 35-54. （小林直樹「法と法的思考」日本法哲学会編『法的思考の現在（法哲学年報 1990）』
有斐閣，1991 年 3 月，pp. 35-54. ）Keizo YAMAMOTO. (1997). Hotekishikono Kosoto Tokushitsu: Jikorikaino Genkyoto Kadai. Masahiko
IWAMURA, et al. eds. Gendaihogakuno Shisoto Hoho. (Iwanamikoza Gendaino Ho 15). Iwanamishoten.
pp. 231-268. （山本敬三「法的思考の構想と特質─自己理解の現況と課題─」岩村正彦他編『現代法学の思想と方法（岩波講座現代の法 15）』岩波書店，1997 年 6 月，pp. 231-268. ）Fumihiko TAKAHASHI. (2013). Hotekishikoto Ronri. Seibundo. （高橋文彦『法的思考と論理』成文堂，2013年。
）
Kyoko ISOYAMA. (2016). Shogakko Shakaikaniokeru Houtekiliteracyno Ikuseiwo Mezasu Jyugyono Koso:
Hotekisankagakushuno Jireiwo Tsujite. Kiyoshi KARAKI, ed. ‘Komintekishishitsu’towa Nanika: Shakaikano
Kako・Genzai・Miraiwo Saguru. Toyokanshuppansha. pp. 27-30. （磯山恭子「小学校社会科における法的リテラシーの育成を目指す授業の構想─法的参加学習の事例を通じて─」唐木清志編著『「公民的資質」とは何か─社会科の過去・現在・未来を探る─』東洋館出版社，2016 年，pp. 26-30.）
Kyoko ISOYAMA. (2010). Hokyoikuniokeru Hotekisankagakushuno Jyuyousei. Akihide TANIKAWA, Yuji
EGUCHI, Yoshiyasu IDA, et al. eds. Shiminkyoikueno Henkaku. Tokyoshoseki. pp. 174-184. （磯山恭子「法教育における法的参加に関する学習の重要性」谷川彰英監修， 江口勇治，井田仁康，伊藤純郎，唐木清志
編『市民教育への変革』東京書籍，2010 年 5 月，pp. 174-184.）
Jenson, Jane. (2006). Introduction: Thinking about Citizenship and Law in an Era of Change. Law Commissionof Canada. ed. Law and Citizenship. UBC Press. pp. 3-21.
White, Charles, ed. (1984). Lawyers in the Classroom. American Bar Association Special Committee on Youth
Education for Citizenship.
Hokyoikukenkyukai. (2005). Hajimeteno Hokyoiku: Wagakuniniokeru Hokyoikuno Fukyu・Hattenwo Mezashite.
(First Law-Related Education). Gyosei. （法教育研究会『はじめての法教育̶我が国における法教育の普及・発展を目指して̶』ぎょうせい，2005 年 3 月。）
Homusho. Hokyoiku.（法務省「法教育」（http://www.moj.go.jp/housei/shihouhousei/index2.html）（visit; 2018.
1.5）.）
Nihonbengoshirengokai. Hokyoikutte Nani?. （日本弁護士連合会「法教育ってなぁーに？」（https://www.
nichibenren.or.jp/activity/human/education.html）（visit; 2018.1.5）.）
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Saibansho. Saibaninseido. （裁判所「裁判員制度」（http://www.saibanin.courts.go.jp/）（visit; 2018.1.5）.）
Additional Statement: This paper is rewritten in English by referring to the references, especially my copy.

134

EFFECTIVE PRACTICE TO ENHANCE ACCESS TO JUSTICE FORWOMEN AS VICTIMS IN THAILAND
Dr. Kittipong Kittayarak＊

I. INTRODUCTION
Ensuring gender equality and equitable treatment for women are crucial elements in achieving social
development for all. Accordingly, this has been embedded in the 2030 Sustainable Development Goals (SDGs).
The global community recognizes that the SDGs draw together the strands of peace, the rule of law, humanrights, development and equality into a comprehensive and forward-looking framework to reduce conflict,crime, and discrimination in order to ensure an inclusive society. Goal 5, in particular, mandates theelimination of all forms of violence against women and gender discrimination. Combined with Goal 16 ̶ therule of law and access to justice for all ̶ access to justice to end violence against women has now become
one of the worldʼs biggest promises in order to achieve sustainable development.
While the SDGs can be seen as ʻpromisesʼ to be realized by the year 2030, the issue of non-discrimination,access to justice and non-violence against women have been a mainstay in a number of core international
instruments, including but not limited to, the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the International Covenant on Economic and Social Rights, and theConvention on the Elimination of all forms of Discrimination Against Women. In particular, these SDG
principles have been echoed in a number of key international documents in the field of crime prevention andcriminal justice. One key example is the ʻDoha Declaration1ʼ, which was unanimously adopted at the 13th
United Nations Congress on the Crime Prevention and Criminal Justice in April 2015, and which requires
mainstreaming the gender perspective into criminal justice systems by developing and implementing
national strategies and plans to promote the full protection of women and girls from all acts of violence. To
this end, states are encouraged to adopt gender-specific measures as an integral part of national policies oncrime prevention, criminal justice as well as the treatment of offenders.
In a more detailed manner, the Updated Model Strategies and Practical Measures on the Elimination ofViolence against Women in the field of Crime Prevention and Criminal Justice, adopted by the United Nations
General Assembly in December 2010, provides comprehensive guidelines to respond to specific needs ofwomen in the criminal justice system. By these Model Strategies, States are guided to apply gender sensitive
measures in each step of the criminal process including, but not limited to, protecting the privacy and identityof the victims; to develop mechanisms to ensure a comprehensive multidisciplinary, coordinate, systematic
response to violence against women; to ensure specific needs of victims of violence during the investigation;
to ensure gender-equitable representation in the police force and other agencies of the justice system and; toensure access to legal aid.
Despite the proliferation of international standards highlighting equal treatment of and ending violenceagainst women, the situation remains worrying. According to UN Women, 35 per cent of women worldwide
have experienced either physical or sexual violence at some point in their lives. This disturbing phenomenon
is amplified when coupled with current statistics showing that as much as 80 percent of women victims ofviolence across the globe do not even report the violence they have encountered. Shortfalls in legal
procedures as well as social and economic factors continue to challenge justice systems in addressing theurgent need for women to access justice in many parts of the world.

Executive Director, Thailand Institute of Justice.
The Doha Declaration on integrating crime prevention and criminal justice into the wider United Nations agenda to addresssocial and economic challenges and to promote the rule of law at the national and international levels, and public participation,
paragraphs 5(f) and 5(g)
＊
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Thailand is not immune to these challenges. Sexual and domestic violence as well as violence in thecontext of human trafficking continue to be reported throughout the kingdom. However, SDGs and emerging
trends in criminal justice frameworks have provided an array to better accommodate the needs of women.
This paper will provide an overview of Thailandʼs situation and the challenges women face in accessing
justice as well as measures adopted by the Thai government and other stakeholders to address thosechallenges in the first and the second parts. The final part will focus on the way forward in conjunction withthe framework of SDGs presenting as opportunity to better address access to justice for women.

II. CONTEXT AND BACKGROUND IN THAILAND
A. Major Forms of Violence against Women in Thailand
Statistics suggest that violence against women is a universal problem. The World Health Organization(WHO) estimates that, globally, around one in three women have experienced either physical and/or sexualintimate partner violence or non-partner sexual violence in their lifetime2. A study commissioned by theThailand Institute of Justice reveals that the forms of violence against women across ASEAN countries
include domestic violence, trafficking, rape and sexual assault. In Thailand, there are three main forms ofviolence against women, namely sexual violence, domestic violence and violence in the context of humantrafficking.
1. Sexual Violence
In 2017, the estimated rate of rape was 0.95 per 1,000 women. An average of 87 cases of sexual violence
are reported each day to the support service groups and health centers around the country, but very few
reach the police station3. Female students are particularly vulnerable. It was found that 60% of the almost
32,000 girls and women raped in Thailand in 2013 were students and that alcohol had contributed to theviolence in 37.7% of the cases surveyed4. The cases of sexual violence are mostly caused by someone thevictims know: family members, current and ex partners, neighbors, friends, work colleagues or
acquaintances. A study on sexual violence in Viet Nam and Thailand found that between 86 and 98 per cent of
the suspects were known to the victims5.
2. Domestic Violence
In some societies, certain types of violence may appear to be normal especially when law enforcement has
little grasp or control on violence against women6. In Southeast Asian households, examples of justifications
for using violence against women range from burning the food, arguing with oneʼs husband, going out without
telling the husband, neglecting children or refusing to have sex with oneʼs husband. In Thailand, while
country-wide statistics from government or academic sources are not available, a survey conducted in
Bangkok by a human rights group indicated that 38 per cent of 2,800 women had experienced physicalviolence by an intimate partner during their lifetimes7. In addition, the Thai Health Promotion Foundation hasreported that there is an increase in Thai women being subject to domestic violence. Factors contributing to
the increase of domestic violence include work stress and the consumption of alcohol8.
3. Violence against Women in the Human Trafficking Context
According to a recent report on Trafficking in Persons from Cambodia, Lao PDR and Myanmar to
Thailand9, 21 per cent of migrant workers in Thailand are victims of human trafficking, and most victims of
trafficking in domestic services and sex industries are female. The ILO found that approximately 20 per centViolence against women. Intimate partner and sexual violence against women. 2017. Fact Sheet. World Health Organization.
WHO. Retrieved from: http://www.who.int/mediacentre/factsheets/fs239/en/
3
Study: one rape every 15 minutes. 2014. The Bangkok Post.. Retrieved from https://www.bangkokpost.com/print/400874/
4
Ibid.
5
The Trial of Rape: Understanding the Criminal Justice Sector Response to Sexual Violence in Thailand and Viet Nam. 2017.
Skinnider, E., Montgomery, R. and Garrett, S. UN Women, UNDP and UNODC.
6
Scoping study, page 57
7
Women who experience intimate partner violence, 2016. kNOwwVAWdata. Measuring prevalence of violence against womenin Asia pacific. UNFPA Asia and the Pacific region. Retrieved from: http: //asiapacific. unfpa. org/sites/default/files/pubpdf/VAW%20Regional%20Snapshot_2.pdf
8
http://morning-news.bectero.com/social-crime/22-Sep-2017/110920
9
The report commissioned by the Thailand Institute of Justice in collaboration with the United Nations Office for Drugs andCrime (UNODC)
2136

168TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTSʼ PAPERSof those domestic workers experienced physical and sexual abuse in the premises where they work and live
ranging from unwanted touching to sexual advances, beatings, rapes, and other forms of violence. Of theaforementioned figure, 8 per cent experienced sexual harassment. Another report commissioned by UNODC
in 2013 estimated that around 140,000 workers operate in the sex industry in Thailand and 90 per cent of
those are female. Consequently, about 5,600 sexual workers, both Thai and foreign nationals, might be victimsof trafficking for sexual exploitation.
While depicting major forms of violence, it is useful to draw attention to three common characteristics ofviolence faced by women in Thailand. The first one is that the majority of perpetrators are known to thevictim, and in most cases are known men comprising current and ex-intimates, family members, neighbors,
and work colleagues. A study conducted by UN Women on sexual violence in Thailand and in Viet Namshows that a staggering 98 per cent of the suspects are known to women. The second characteristic is thatwomen are more likely to experience repeated acts of violence by the same perpetrator rather than a one-off
victimization. Thirdly, the violence is often trivialized through inaccurate and unhelpful descriptions such asʻdate rapeʼ. The context in which the violence takes place can impact how criminal justice providers view theseriousness of the violence and in some situations, the violence might not even be criminalized.
B. Identified Problems in Access to Justice for WomenWorldwide, only 20 per cent of violence cases have been reported to police and undergone processes in
the criminal justice system. In Southeast Asia, women who are subjected to violence face numerous legal,social, and cultural procedural and institutional hurdles that discourage reporting and cooperating withcriminal justice officials. This section will analyze the following key barriers that women face in Thailand.
This section will analyze several key barriers that women face in Thailand.
According to the 2017 UN Women, UNODC and UNDP report, “The Trial of Rape: Understanding thecriminal justice system response to sexual violence in Thailand and Viet Nam,” these excerpts capture thekey obstacles to Thai womenʼs access to justice:"

Delays in the criminal justice system: Court proceedings can be long and drawn out, and often focus
on physical or forensic evidence or the victimʼs credibility rather than the credibility of the reported
event or the victimʼs lack of consent. Significant delays plague many victims going through theadministration of justice, which can start with late onset and completion of police investigations andcarry through to delays in setting trial dates. The victimʼs character, behaviour or dress is often
called into question. There is little preparation or court support for the victim. In many cases, thecourt acquits the accused.

"

Inadequate sense of gender sensitivity among criminal justice providers: While sexual violence cases
are complex and challenging to investigate, there are no specialized investigative units, and officers
and investigators receive little or no specialized training or professional development. There are few
female police and investigating officers. Many victims are turned away and urged to seek mediationor other forms of settlement outside of the formal criminal justice system. Victims are often
required to tell their story multiple times or are treated with disrespect and insensitivity.

"

Inadequate coordination among service providers: There are limited referral networks andcoordination mechanisms within the justice system, and among government departments, justicesystem agencies, and civil society service providers. Data systems from different parts of thecriminal justice system that do not speak to one another, and that may even use different definitions,terminology or casefile numbers, further hamper effective collaboration and increase the risk of
information loss.

"

Victimsʼ lack of knowledge of legal rights and procedures: Many women have limited knowledge andlimited access to information about their legal and procedural rights and what they can and should
expect as they navigate complex criminal justice systems and processes. Protections offered to
victims of sexual violence can be inadequate, as in limited victim or witness protection programmes,and communication between criminal justice service providers and victims largely ceases once theinitial report has been taken. Where support services are limited, victims and their families may
choose to forego seeing their cases through to completion.
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III. DEVELOPMENT AND GOOD PRACTICES
Despite the shortfalls in criminal justice system and challenges faced by women in Thailand, there arepromising emerging developments both in Thai law and practices that enhance access to justice for women.
This section will identify key developments with the 1997 Constitution as a milestone towards the reform of
the justice system responding to the needs of individuals and vulnerable groups. Developments are focusedon the existence of the legislation, implementation of the laws and measures applied by the government andother stakeholders that have made significant, positive changes to the access to justice for women.
A. Developments in Thai Legislation
The 1997 Constitution lays the foundation for revolutionary reforms of the criminal justice system inThailand. It puts great emphasis on establishing the rule of law and due process. Its constitutional legacy
particularly on the protection of fundamental human rights, liberties, and equality of the Thai people is upheldby the 2007 Constitution and the 2017 Constitution. Among many progressive clauses, for the first time therights of victims and witnesses in criminal cases were recognized in the constitution. Section 244 establishedthat in a criminal case, a witness has the right to protection, proper treatment, and necessary and appropriate
remuneration from the State as provided by law. Section 245 mandates that an injured person in a criminalcase has the right to protection, proper treatment and necessary and appropriate remuneration from theState, as provided by law.
Following the 1997 Constitution, the Witness Protection in Criminal Act B.E. 2546 (2003) was approved by
Parliament. For women as witnesses in cases of sexual offences, the Witness Protection in Criminal Act
provides that the witnesses under the Penal Code in respect of the following offenses may be provided special
protection: witnesses to procuring offences under the law on women and children trafficking, and prostitution
or prostitution business.
In accordance with the 2007 Constitution and criminal justice reform efforts, amendments to the Thai
Criminal Procedure Code were made in 2008 to add provisions which offer greater guarantees of rights andprotection for women as victims and witnesses at all stages of criminal procedure including:"

The presence of female officers: For collection of evidence during the investigation process, Section
132 (1) requires that a female officer or other woman shall be in charge of inspecting the body of afemale injured person. Upon interrogation, Section 133 states that in the case of an offence relating
to sexuality, inquiries of the female injured person shall be made by a female officer, unless theinjured person gives consent otherwise or there is other cause of necessity, and such consent orcause must be noted. In addition, the injured person may request to bring another person to bepresent during the examination.

"

Non-confrontational procedure: In the taking of evidence during trial, Section 172 allows for nonconfrontational procedures after taking into consideration sexuality, age, status, health and mental
state of a witness and her potential anxiety. A procedure may be conducted without directconfrontation between a witness and the accused person via closed circuit television, electronic
media or any other method as prescribed under decisions of the President of the Supreme Court. In
addition, inquiries may be conducted by a psychologist, social worker or other individual whom thewitness trusts. One of the regulations issued by the President of the Supreme Court in 2013
reaffirms the provisions under Section 172 and further underlines that non-confrontational principles
be applied before, during, and after the procedure.

"Special measures in responding to sensitivity of violence cases: As an exception to the principle ofopen trial, Section 177 upholds that the Court may, of its own motion or on the application of either
party, issue an order that the trial be held behind closed doors, provided that it is in the interest of
public order or good morals. In addition, Section 226/4 prohibits the accused person from presenting
evidence or cross-examining the victim with a sensitive question unless permitted by the Court.

With regard to women as victims of domestic violence, the Protection of Victims of Domestic Violence
Act B.E. 2550 (2007) is the first Thai law that defines “domestic violence” and allows a “person in the family”
to be legally liable for offences under the Act. In this Act, a person in the family is interpreted widely and138

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includes spouse, former spouse, those who cohabitate or used to cohabitate as husband and wife without
registering for marriage, child, adopted child, members of the family, including any individual who depends onor lives in the same household.
Most importantly, the law authorizes the competent official who witnesses or receives notification of analleged act of domestic violence to: enter the residence or the scene to interview the person who allegedly
committed domestic violence, the victim, or potential witnesses; arrange for the victimʼs medical treatment
and advice from the psychiatrist, psychologist, or social worker; file the complaint on the victimʼs behalf when
she lacks the ability or opportunity to do so.
In interviewing a victim of Domestic Violence, in accordance with the Criminal Procedure Code, theInquiry Official shall arrange for the psychiatrist, Psychologist, Social Worker, or person which the victim ofDomestic Violence has requested to join the interview in order to provide advice.
In the case of human trafficking, the Anti-Human Trafficking Act B.E. 2560 (2017) extends protection to
women as victims and witnesses of human trafficking. Under this act, conducting bodily examination on apotential victim of human trafficking must be done with the victimʼs consent. If such person is a woman, theprocedure must be carried out by a female examiner. The victim, as a witness, shall be under protection
according to the law on protection of witnesses in criminal cases. In recognition that victims of humantrafficking may be illegal migrants and are thus at risk of being denied fair access to justice if faced withprosecution, this Act clearly states that, unless written permission is granted by the Minister of Justice, theinquiry official shall be barred from taking legal proceedings against any victim on immigration offences. The
same prohibition is applied to the following immigration-related offenses: providing false information toauthorities; forging or using a forged travel document under the Penal Code; offences on prevention andsuppression of prostitution, particularly on contacting, persuading, introducing, soliciting or pestering aperson for the purpose of prostitution and assembling together in the place of prostitution for the purpose of
prostitution; being an alien working illegally in Thailand.
B. Emerging Good Practices Enhancing Access to Justice for Women
In addition to improvements to Thai law, support is available for women in each stage of the justicesystem starting from awareness-raising programmes to encourage and provide information for women andgirl victims to report violence. Once violence has been reported, services and necessary funding are available
to assist females in each stage of the justice process. Capacity-building programmes for police andpractitioners have also been put in place to enhance the quality of legal services provided for female victims.
Emerging key good practices are as follows:
1. One Stop Crisis Centres (Ministry of Social Development and Human Security)
Despite existing response services, multi-sectoral coordination mechanisms remain a challenge. This has
led the Ministry of Social Development and Human Security to establish One Stop Crisis Centres (OSCC) all
throughout Thailand, in partnership with the Ministry of Public Health, the Royal Thai Police, the Ministry ofLabour, and non-governmental organizations working to end violence against women. The OSCC includes a
hotline managed by trained staff, a network of 22,000 crisis centres around the country and 1,300 mobile units
to access communities nationwide.
The crisis centres receive complaints, transfer cases and coordinate responses between Government
agencies. Each OSCC is a multidisciplinary unit that provides comprehensive services for victims of violencein Thailand. The centres provide physical and mental treatment, legal assistance, and recovery andrehabilitation, with multidisciplinary teams to help women victims of all forms of violence. They work notonly with medical doctors and nurses, but also representatives from the Royal Thai Police, the Office of the
Attorney-General, non-governmental organizations, and emergency shelters. As a result, victims have accessto immediate critical services and assistance. An OSCC usually assumes multifunctional roles.
The OSCCs are administered by the Ministry of Social Development and Human Security. They arecomputerized and able to track specific cases or survivorsʼ rehabilitation programmes. They also feature a
database that provides a snapshot of the true extent of violence reporting and the demand for social
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and effectiveness. This national initiative responds to violence against women by providing immediate social
assistance to victims of gender-based violence. It is expected also to play a preventive role by raising publicawareness and focusing on rehabilitation.
2. Multi-disciplinary Team (Office of Attorney General)
The Model Strategies and Practical Measures on the Elimination of VAW in the field of CPCJ places oneof its focuses on the establishment of a multidisciplinary response to violence against women which should
include specially trained police, prosecutors and other criminal justice officials as well as health and social
services and supports to contribute to the well-being of the victim. The aforementioned One Stop Crisis
Centre is a clear example of how Thailand is operationalizing international standards. In addition, moreprogress has been recently made as multidisciplinary teams are being set up in the nationʼs provinces andinclude provincial attorneys, investigative officers, One Stop Crisis Center (OSCC) officers, local
administrative officials, social workers and provincial Social Development and Human Security agents.
The Office of Attorney General of Thailand set up the multidisciplinary team, in consultation with publicprosecutors, as a local mechanism for the effective response to violence against children cases and childprotection particularly children in contact with the justice system. The team is expected to play roles in
improving the reporting mechanism and designing prevention measures as well as rehabilitation plans. In
designing the best course of action for each specific case, the views from various disciplines and stakeholders
are very crucial. Team members come from various professions such as police, medical staff, social workers,
teachers, and community leaders. In 2017, the team was able to resolve 90 violence cases ̶ mostly domestic
violence ̶ affecting children in 9 provinces.
3. Justice Fund (Right and Liberty Department)
The Justice Fund was set up in 2006 to ensure equal access to legal assistance and fair treatment for theunderprivileged by enabling impoverished people facing legal charges or victims of abuse to gain access tofinancial aid. The Rights and Liberties Protection Department has played an active role in the Justice Fundsince its establishment, which led to the 2015 enactment of the Justice Fund Act. The Justice Fund has so far
dealt with 18,530 of approximately 19,000 cases. More than 500 million baht has been spent on legal services
and aid for assistance seekers.
Access to justice for Muslim women in southern provinces was one of the major challenges of Thailand
not least due to the more limited economic opportunity in the area. The Justice Fund was in place to support
the most poor and vulnerable to access justice, but for women in the south the largest challenge was toovercome stigma and social pressure in coming forward with complaints of domestic violence. The
Government was promoting projects which raised the awareness and knowledge of women in the south
about their rights, and how to access justice and approach the legal system. The Southern Border Provinces
Administration was one agency which provided legal aid and information to women and also helped women
understand how to apply all that knowledge in their daily lives.
4. Victim Support Programmes
In the past 20 years, efforts to combat violence against women have been made by cooperation amongorganizations in both the public and the private sectors in Thailand. NGOs focused on ending violence against
women have played key roles in finding measures to provide gender sensitive assistance to women.
The Association for the Promotion of the Status for Women (APSW), a charitable organization mandated
to address violence against women has provided shelter and fully comprehensive services for women andchildren confronting physical, psychological and sexual abuses, unwanted pregnancies, and abandonment
including HIV/AIDS. The past 25 years have seen over 50,000 women and children receiving assistance fromAPSW and at present, on any single day, there are about 120 women and children sheltered at the APSWEmergency Home. APSW has in the past several years launched many rehabilitative as well as preventive
activities. It has opened up a one stop service centre for rape victims (Kanitnaree Centre), fully equipped withmedical examination and video-recorded investigation facilities to provide gender-sensitive and comprehensive services assistance.
5. Capacity Building Programmes
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system continues to disadvantage many women who find themselves in the process. There are many
obstacles to accessing justice that women have to overcome including the lack of knowledge on criminal
justice procedures and the awareness of legal rights.
Enhancing legal awareness is the key to women empowerment. To this end, the Paralegal Training:
Women for Justice, Justice for Women training programme was initiated by Thailand Institute of Justice incollaboration with Foundation for Women, Law and Rural Development and Chiang Mai University. Uponcompleting training, participants are expected to be able to provide legal advice or assistance to women andothers in need. Participants included social workers, community leaders, women right advocates, lawyers andlocal criminal justice practitioners. In 2017, the training was organized three times in the northern, southernand central regions of Thailand.
The Office of Attorney General has been working together with UN Women, UNICEF and Ministry ofSocial Development and Human Security in providing a number of training programmes for publicprosecutors regarding violence against women cases. The training focused on the functions and the role ofProsecutors in protecting victims of sexual violence. Moreover, The Office of Attorney General alsocollaborated with the police cadet academy on organizing workshops for third-year police cadets on the topic
of violence against women and the role of law enforcement in tackling such issues.

IV. CONCLUSION AND WAYS FORWARD
The SDGs and the Doha Declaration provide normative frameworks to mainstream gender perspectives
into criminal justice systems. Although not legally binding, the SDGs and Doha Declaration provide principledguidance on how to tackle the issues of inequality, violence against women and access to justice for women in
an integrated manner. Sections I and II of this paper depicts the current situation and remaining problems inaccessing justice for women as well as developments in Thai legislations and good practices endeavoring toaddress these challenges. In moving forward, it is useful to draw lessons learned from practices in Thailand
and to rethink opportunities presented to us by the framework of SDGs to improve access to justice forwomen. In this regard, this paper posits three lesson learned in Thailandʼs context from which we can draw
to better improve the access of justice for women. These are, namely: the significance of inclusive andintegrated approaches: the role of the rule of law; the use of a development framework to tackle the root
causes of existing problems; and the crucial roles addressed below.
A. Inclusive and Integrated Approaches
The SDGs, in the preamble of the resolution A/RES/70/1, call for the involvement of all stakeholders. The
role of civil society are recognized in several parts of the document as a key to making critical changes for asustainable society. Likewise, the Doha Declaration highlights consultative and participatory processes toensure the contribution of civil society, the private sector, academia, and all other relevant stakeholders, inthe development and implementation of crime prevention policies.
Challenges faced by women in accessing justice are a combined result of social values, cultural patterns
and practices, and lack of gender responsiveness in the criminal justice system. To fight these multidimensional challenges we need participants from all sectors, not just governmental bodies. A number ofgood practices in Thailand reflect the important role of civil society. One is capacity-building activities.
Academics and NGOs have significantly enriched Thai training programmes by adding their views,
knowledge and practical experiences. Another example is victim support programmes. A number of NGOled shelters are being operated throughout the country to provide accommodation, physical and mental
health care, and assistance for female victim. Assistance provided for victims includes legal assistance withintervention from pro bono lawyers.
At present there are a number of MOUs between groups of civil society and government bodies onservices provided for women. As such, in moving forward, the role of civil society, such as NGOs andacademics, cannot be underestimated. In addition, international stakeholders must not be overlooked. Not
only local NGOs can be benefit from an inclusive and integrated approach, but international stakeholders as
well. The government should consider the role of international organizations.

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B. The Rule of Law
Every country has laws criminalizing rape and other forms of sexual violence. However this does notguarantee access to justice for female victims of violence. The rule of law is not only a matter of having thelaws in place. It is also the way that the law and its implementation in reality understand and take into
account the interests and concerns of people, or in this case of women. SDG Goal 16 on the rule of law comes
into play by providing an appropriate legal infrastructure to protect women against violence. Theinternational community has recognized that the rule of law, peace, justice and security are key elements inrealizing sustainable development. The rule of law has therefore become one of the specific targets to guideour efforts to transform the world we live in.
For the SDGs, Goal 16 on the rule of law does not only stand as a goal in and of itself, it also provides anenabling environment for the achievement of other goals. When effective, the rule of law provides a society
with a clear sense of assurance that the use of coercive power by the government, the utilization of natural
resources, and the promotion of economic development shall benefit everyone. The rule of law implies a senseof respect for human rights, non-discrimination, mutual interest as well as effectiveness and due process
when state agencies are to apply executive power.
Drawing from practices and developments in the Thai context, the rule of law has much to contribute to
the improvement of access to justice for women. The rule of law helps us understand the situation by taking
account of the vulnerability of female victims and sensitivity of issues. In this sense, the 1997 constitution andother legislation provides special measures in dealing with female victims and witnesses such as the nonconfrontational process, prohibition of cross-examination with a question being concerned with the injured
personʼs sexual behaviour with a person other than the accused, appropriate remuneration and support fromthe government, etc.
The rule of law also provides a creative framework for legal enforcement that serves the needs of all
individual and vulnerable groups ̶ female victims in this case. To ensure equal access to justice for all, thejustice fund programme was therefore created to provide support for victims with financial difficulties.
C. Empowerment of Women to Tackle the Inequality
Challenges in accessing justice for women are rooted in inequality and resultant discrimination between
men and women and gender stereotyping. To deal with inequality, one good approach is to work on theempowerment of women as key contributors to the development of society. The SDGs, in particular Goal 5,emphasize the empowerment approach which involves a process of systematic change through which
women are enabled to exercise and advance their rights and interests using the law, together with access to
educational and economic opportunities.
To depict this in a concrete way, one can think about providing opportunities for women to become
players in the criminal justice system, or “justice makers.” For women to fully enjoy gender equality, it isrecognized that the fair and equal treatment is linked to broader questions of social justice. This includes theneed to have more women as practitioners and administrators in justice systems. Women justice makers areagents of change and most of them contribute to improving the relationship between women and the justicesystem. This is particularly the case where access to justice of women is jeopardized due to the lack ofgender sensitivity among justice personnel. The UN Committee on the Elimination of Discrimination against
Women also noted that improving womenʼs professional participation in the justice sector is key to enhance
womenʼs access to justice, achieving womenʼs equality, democracy and the rule of law.
D. Crucial Role of Culture
In order to deal with social factors such as gender stereotypes and misconceptions identified as social
barriers to access to justice, we should highlight the crucial role of culture. We need to build momentum fromawareness-raising activities targeted at a broad spectrum of violence within our society.
TIJ has been working with partners in organizing the campaign SpeakUp SpeakOut continuously since2014, targeting young people and the new generation. The activity seeks to encourage open discussions anddebates on gender equality by sharing knowledge and raising awareness about oneʼs roles in ending violenceagainst women and girls. To ensure access to justice for women, it is essential to change the attitudes of the
public towards violence against women̶encouraging the justice system to be aware of the vulnerability of142

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women victims and improve procedures to protect and provide them with emotional support. Moreover, civilsociety plays a crucial role in promoting change so that women have the courage to utilize the justice systemand enforce their legal rights. This will eventually lead to a greater decrease of violence against women andgirls in the future.
In changing social norms and culture, also the media plays an important role. The media has a significant
influence on how society understands and approaches the problem. It can contribute to activating community
members regarding the seriousness of the issue. At the same time, media should not itself be a barrier to theaccess to justice for women. The positive role of media is, therefore crucial, and it can make change in oursociety.
Reference
Skinnider, E., Montgomery, R. and Garrett, S. (2017). The Trial of Rape: Understanding the Criminal Justice
Sector Response to Sexual Violence in Thailand and Viet Nam. UN Women, UNDP and UNODC.
The Bangkok Post (2014). Study: one rape every 15 minutes. The Bangkok Post. Retrieved from https://www.
bangkokpost.com/print/400874/
Thailand Institute of Justice (2016). Scoping study on Women’s access to justice: Perspectives from the ASEAN
region. Thailand Institute of Justice.
Thailand Institute of Justice (2017). Women as justice makers: perspectives from Southeast Asia. Thailand
Institute of Justice
UNFPA Asia and the Pacific region (2016). Women who experience intimate partner violence,kNOwwVAWdata. Measuring prevalence of violence against women in asia pacific. Retrieved from: http://asiapacific.unfpa.org/sites/default/files/pub-pdf/VAW%20Regional%20Snapshot_2.pdf
UNODC (2017). Trafficking in Persons from Cambodia, Lao PDR and Myanmar to Thailand. The United
Nations Office of Drugs and Crime
UNODC (2015). Report of Thirteenth United Nations Congress on Crime Prevention and Criminal Justice. The
United Nations Office of Drugs and Crime (UNODC). Retrieved from: https://www.unodc.org/documents/congress/Documentation/Report/ACONF222_17e_V1502929.pdf
WHO (2017). Violence against women. Intimate partner and sexual violence against women. 2017. Fact Sheet.
World Health Organisation. WHO. Retrieved from: http://www.who.int/mediacentre/factsheets/fs239/
en/

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UNAFEI CONNECTION: THE IMPACT OF INTERNATIONAL
TRAINING COURSES AND SEMINARS ON THE PROMOTION OF
RULE OF LAW IN PARTICIPATING COUNTRIES
Severino H. Gaña, Jr.＊I. INTRODUCTION
My first brush with UNAFEI happened more than twenty-six (26) years ago, in September of 1991, when I
was sent to its 89th International Training Course with the theme “Effective and Innovative CounterMeasures Against Economic Crimes”. Since then, I have been invited to UNAFEIʼs International Seminars as
a visiting expert on various subject matters on criminal justice. These subject matters included among others:transnational organized crimes, firearms regulation, human trafficking, whistle-blower security andprotection, and criminal trials. My humble contributions to UNAFEI in the form of at least seven (7)presentation papers now form part of its published resource materials.1
In those twenty-six (26) years, I have certainly gained a great wealth of information and experience thathave molded me into a more aware, concerned and passionate justice worker not only for my home country,
the Philippines, but for the community of nations as a whole. I should say that UNAFEI played a big role inmolding me into what I am now and for whatever I have contributed to my country, and to some extent, tothe international community.

II. THE UNAFEI ALUMNI NETWORKth

The 89 International Training Course I attended in 1991 was conducted for a good 13 weeks̶from
September 17 up to December 7. We were 28 in our class, consisting of 13 Japanese and 15 foreigners. In
those more than two months of being together almost every day̶from the classrooms, to the locations of ourstudy tours, up to the living quarters̶we undoubtedly became very close to each other. The exchange ofideas, local experiences and insights, both inside and outside the discussion rooms, were shared among theclass. Those almost three months of my career spent at a UNAFEI training course must have been one of themost enriching learning experiences I have ever had in my professional life.
I can probably claim that our class during the 89th International Training Course in 1991 may be one of theclosely-knit classes of UNAFEI. This is because two years ago, we celebrated our silver or 25th anniversary
through a reunion of sorts that was held here in Japan on April 16, 2016. The reunion was very cordial, andbesides having fun looking back at our times in UNAFEI Class, we shared our meaningful experiences since
our first meeting twenty-five years ago, especially as they relate to our respective roles in our countriesʼ
criminal justice systems.
One of the many benefits of being a UNAFEI alumnus is being in the loop of all its activities, trainings andSenior Deputy State Prosecutor, Department of Justice-National Prosecution Service, Manila, Philippines.
(1) “Extradition and Legal Assistance: The Philippine Experience”, Resource Material Series No. 57, 114th International
Seminar, January 23, 2000 to February 10, 2000; (2) “The Current Situation of and Countermeasures Against Transnational
Organized Crime in the Republic of the Philippines”, Resource Material Series No. 59, 119th International Training Course,
September 10, 2001 to November 2, 2001; (3) “International Cooperation in Combating Trafficking in Human Beings andSmuggling of Migrants”, Resource Material Series No. 62, 122nd International Training Course, September 30, 2002 to October
11, 2002; (4) “The Philippine Experience in the ­Investigation and Prosecution of Trafficking in Persons and Smuggling of
Migrants, with Special Focus on Punishing the Traffickers”, Resource Material Series No. 73, 134th International Training
Course, September 18, 2006 to October 6, 2006; (5) “Securing Protection and Cooperation of Witnesses and Whistle Blowers”,
Resource Material Series No. 86 for the 149th International Training Course, September 5 to 14, 2011; (6) “Building a Criminal
Case in the Philippines: Problems, Insights and Proposals” and (7) “Justice Delayed is Justice Denied: Ensuring Efficient andSpeedy Criminal Trials in the Philippines”, Resource Material Series No. 95, 158th International Training Course, September 10
to 17, 2014.

＊
1

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seminars. Hence, from the time I became an alumnus, I have always received information about upcoming
UNAFEI activities. On several instances, I was extended the privilege of nominating participants to its
international trainings and seminars. Therefore, knowing the considerable amount of knowledge, experienceand advantage that could be gained from UNAFEIʼs trainings and seminars, I readily endorsed theattendance to these learning activities of colleagues and some junior prosecutors in our office who I knew had
the potential to make an impact in our institution after the training course or seminar. As of date, I would
estimate having successfully nominated more or less ten (10) prosecutors to these trainings over the lasttwenty or so years.
So far, I have not had any regrets in the nominations I have made. Most, if not all of these prosecutors
from our office who had the privilege to participate in the international training programs and seminars of
UNAFEI are now successful justice workers in the Philippines ‒ some of them are now chief of our local or
field prosecution offices who are doing very well in their respective posts, another one spearheads thePhilippineʼs efforts in addressing human trafficking issues as head of our anti-trafficking secretariat, whilesome had become upstanding members of our judiciary as trial court judges and appellate justices. I have no
doubt therefore, that the rich experience they gained from attending UNAFEIʼs courses has helped andcontinue to guide them in their individual work as stakeholders in our criminal justice system.
A. The Asia Crime Prevention Foundation (ACPF)
For my part, the UNAFEI alumni network paved the way to my membership in the Asia Crime
Prevention Foundation (ACPF). The ACPF is a non-governmental organization founded and based in Japan
which provides support to UNAFEI activities and helps enhance international cooperation. It lives by its
slogan, “Prosperity Without Crime”. As an organization, ACPF believes that while it is impossible to have acompletely crime-free society, this aspiration may be put into action by contributing to the activities of theUnited Nations in the field of crime prevention and criminal justice. Although based in Japan, ACPF is active
worldwide through its cooperating organizations in several countries, and the UNAFEI alumni network
becomes its gateway to these countries. In the Philippines, for example, ACPFʼs local counterpart is the
Crime Prevention Practitionersʼ Association of the Philippines, or CPPAP, which is mainly composed ofFilipino UNAFEI alumni.
ACPF provides added value to and further enriches, the international trainings and seminars at UNAFEI
by locally exposing participants to criminal justice offices in Japan and initiating cultural interactions.
B. Philippines-Japan Halfway HouseMy membership in the ACPF is especially highlighted by my having met and associated with the theneminent Mr. Minoru Shikita, ACPFʼs former Chairman. For those who have not heard about him, Mr. Shikita
was a former prosecutor of Japan who was instrumental in the founding of the International Association ofProsecutors (IAP) in 1995. His strong advocacy for international cooperation among public prosecutors
started when he was the Chairman of the United Nations Committee on Crime Prevention and Control in
Vienna, Austria, from 1987 to 1989, and at the same time the Head of the Crime Prevention and Criminal
Justice Branch of the United Nations Office in Vienna. As you may read further about the history of IAP, Mr.
Shikita eventually became its first Vice-President and played a very important role in strengthening
cooperation and support among prosecutors throughout the world.
Mr. Shikita was a driving force by himself. His presence and wisdom were a fount of inspiration to people
around him. I, for one, am a testament to his powerful influence to take initiatives particularly in the field of
criminal justice improvement and reform.
In one conference in 1996, Mr. Shikita casually asked me if I would be interested in putting up a halfway
house for prisoners in the Philippines, which would provide programs and opportunities that will help themadjust to family and community life once they are released from prison. Knowing that we do not have suchkind of facility in our national penitentiary, I immediately said yes. Thus, he asked me to formalize a request
for assistance from ACPF regarding the putting up of a halfway house in the Philippines. I did not lose time. I
requested my wife, who was a physician by profession, and who joined me then in Japan for the conference, to
put together a concept note about the project while I was delivering my lecture. Before leaving theconference, we handed the document to Mr. Shikita.

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It did not take time for Mr. Shikita to succeed in soliciting the help of one of ACPFʼs supporters ‒ the
Nagoya West Lionʼs Club of Japan ‒ to finance the construction of the halfway house. In November 1996, withthe seed donation of eight million pesos from the Nagoya West Lionʼs Club of Japan, the Philippines-Japan
Halfway House was constructed inside the National Bilibid Prison Reservation Compound in Muntinlupa City,
Philippines. A few months thereafter, the center was turned over to the Department of Justice and the
CPPAP.
For two decades now, the Philippines-Nagoya Japan Halfway House has served as a temporary home forboth pre-release and released prisoners where they receive support for their physical, social, spiritual, andeconomic growth. Its programs prepare its clientele of reformed prisoners to be reintegrated into society
through counseling, skills trainings and job placement.
Three kinds of clientele avail themselves of the services of this Halfway House, namely: (1) live-in clients,
meaning those who have been released by the Bureau of Corrections but are homeless or have encounteredhardships, and those who are expected to be released within a period of four to six months; (2) live-out clients,
or probationers who are interested and willing to avail themselves of its services, as well as new parolees andpardonees; and (3) minimum security inmates, or prisoners who are still serving sentences at the Minimum
Security Compound of the National Penitentiary.
In summary, the following programs and services are given to Halfway House clients:
1. Casework and Counseling Services
This is the intensive process of working with pre-release or released offenders from the time of admission
up to the completion of their rehabilitation program, to include information, options, individual counseling,social services, referrals, support and opportunities to enable them to reintegrate to society.
2. Productivity Training
Skills training and vocational education are provided as a major component of the project. These aim todevelop positive work habits and attitudes, and for the clients to acquire basic skills in preparation for
employment.
C. Medical/Health Services
This entails the referral of the clients to government as well as private agencies that provide medical anddental services.
D. Homelife Service
Another component of the project is the provision of a well-balanced, organized and non-formal programof activities that approximate homelife. Through this service, team leaders chosen by the clients from among
themselves implement these activities under the supervision of the Halfway Houseʼs Housekeeping Counselor
or a hired Center Coordinator. All activities are geared towards providing therapeutic intent and impact on
the clients, including the provision of food and clothing, religious and social activities, and work assignments.
E. Placement Service
Finally, assistance is provided to the clients for possible job placement or referral to entities who arewilling to give employment.
To date, the Philippines-Nagoya Japan Halfway House has provided services to more than 600 clients
since its establishment in 1996. The ACPF continues to send its support to the Halfway House annually,
which support is complemented by the assistance from various non-governmental organizations in thePhilippines, like the Muntinlupa City Lions Club, Makati Golden Lions Club, Makati Gems Lions Club, and the
Rotary International, Dasmariñas, Cavite Chapter.
As I speak, the Philippines-Nagoya Japan Halfway House continues to help reform criminal offenders andturn them into responsible, peaceful and productive members of our society. This is one important legacy
that I am proud to have contributed to the cause of the rule of law, and it is one that I could not have done
without my UNAFEI and ACPF connections.

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III. ACTUAL CASES OF MUTUAL LEGAL ASSISTANCE
UNAFEI was not only established to be a hub for learning in this part of the globe. It was also envisioned
to be an institution that will promote mutual cooperation among members of the United Nations, especiallyamong developing countries in the Asia and the Pacific region. In the case of the Philippines and Japan, forinstance, these countries have yet to have an extradition or mutual legal assistance treaty. However, theabsence of this formal agreement has not prevented us, the Philippines, from lending our needed cooperation
on matters that involve enforcement of the law in Japan. I, for one, can attest to several instances in the past
where I, in my official capacity as an official of the Department of Justice, rendered assistance to thegovernment of Japan in some investigations being conducted here, but where witnesses and some otherforms of evidence were in the Philippines and must be secured in order to help in the investigation. And
perhaps because I had been a constant visitor of the Japanese embassy in Manila, and our office knows me tobe somehow associated with Japanese matters̶like UNAFEI̶these requests from the government ofJapan were usually referred to me for appropriate action. I have previously discussed these instances in oneof my lectures here in UNAFEI, but allow me to mention them again today.
A. The Kosumi Yoshimi Case
The first time I was directed to intervene in connection with a request for assistance from thegovernment of Japan was on March 25, 1996, when I received a formal directive from our then Secretary ofJustice to assist Japanese prosecutors in conducting an interview of a person in connection with a case thatwas being prosecuted in Nagoya, Japan. The person to be interviewed ̶ Joemarie Baldomero Chua ̶ was tobe found in a Southern province of the Philippines.
It appeared that the person that we were supposed to interview, Joemarie Baldomero Chua, was involvedin the killing of Kosumi Shozaburo, the father of Kosumi Yoshimi, one of Chuaʼs three cohorts, along with twoother Philippine nationals, namely Pablito Franco Barlis and William Gallardo Bueno. The incident happened
on January 18, 1993 in Nagoya-shi, Japan.
Records of the case disclose that Kosumi Yoshimi, Joemarie Baldomero Chua, Pablito Francis Barlis andWilliam Gallardo Bueno, helped each other knock down the victim ̶ Kosumi Shozaburo ̶ on his back,pushed bedding against his face, tightened an electrical cord around his neck and stabbed him in the neckwith a sharp blade, which therefore caused Shozaburo to die from excessive bleeding. But that was not all, thefour cohorts also sprinkled kerosene coming from the heater in the living room and into the bedding andignited them with a lighter that one of them was carrying. Then, they allowed the fire to spread through aJapanese foot warmer (kotatsu) onto the house, causing the entire house to burn down.
Kosumi Yoshimi, Pablito Franco Barlis and William Gallardo Bueno were charged for murder under
Article 199 of the Penal Code of Japan, as well as for arson of an inhabited structure under Article 1087 of thesame Penal Code. Joemarie Baldomero Chua, was also charged as an accomplice to those crimes but had fled
to the Philippines and settled in a sleepy town in the southern part of the country. Japanese police, with thehelp of our Philippine National Police and the International Criminal Police Organization (ICPO), hadpreviously interrogated Joemarie Baldomero Chua in February of 1994, and succeeded to get his version of
the incident. However, during the course of the trial proceedings of the case in Japan, Joemarie Baldomerc
Chuaʼs account conflicted on the following crucial matters with that of his cohort, William Gallardo Bueno,
namely:1. The time when the conspiracy to commit murder and arson was formed;
2. The details of the conspiracy;
3. The person or persons among the three (3) Filipino accomplices who actually murdered Shozaburo bywinding and tightening an electrical cord around his neck and by stabbing him in the neck with asharp blade; and4. The person who sprinkled kerosene from a heater to set fire to the house.
The discrepancies in Joemarie Baldomero Chuaʼs and William Gallardo Buenoʼs narration of events,
specifically as regards the details of the actual execution of the crime, the particulars and circumstances of
the conspiracy to commit the murder and arson, as well as the matters as regard the reward, made it difficult
for Japanese authorities to determine the truth about the incident. Thus, Japanese prosecutors deemed it
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necessary that a prosecutor in the Philippines again interrogate Joemarie Baldomero Chua in their presence,in order to clarify the discrepancies.
The day after I received the directives from the Secretary of Justice, I, together with the Japaneseprosecutors, immediately flew to Iloilo City in the Southern Philippines. I personally conducted thequestioning on Joemarie Baldomero Chua in the presence of his counsel, a lawyer from the Philippine Public
Attorneysʼ Office, and the Japanese public prosecutors. During the interview, I was able to clarify the matterswhich the Japanese authorities believed were crucial in trying to prove the culpability of Kosumi Yoshimiandhis two (2) Filipino cohorts. Aside from cooperating in the interview or questioning, Joemarie Baldomero
Chua also executed a written sworn statement, which the Japanese prosecutors brought with them back toJapan.
At the conclusion of the trial proceedings in their cases, all three (3) accused were found guilty for themurder of Kosumi Shozaburo and the burning down of his house. Kosumi Yoshimi was sentenced to life
imprisonment, while Pablito Franco Barlis was sentenced to thirteen (13) yearsʼ imprisonment with labour,and William Gallardo Bueno was sentenced to fifteen (15) years of imprisonment with labour. When I wrote
my paper in 2001, both judgments in the cases of Pablito Franco Balis and of William Gallardo Bueno had
become final, while that in the case of the principal accused, Kosumi Yoshimi, was pending appeal before theSupreme Court of Japan.
B. The Akira Fujita CaseOn October 8, 1997, an official of the Japanese Embassy in Manila requested my assistance for theimmediate arrest of Akira Fujita, a Japanese national who has been convicted and sentenced in Japan in 1990
for conspiring with a Yamaguchi-gumi (Yakuza) member, Hironori Takenouchi, in smuggling handguns andammunition to Japan. Japanese authorities had information that Akira Fujita departed Japan on October 7,
1997 on board a Pakistan Airlines flight bound for Manila.
Without wasting time, I got in touch with the Chief of the Intelligence Division of our Bureau of
Immigration and gave them the information relayed to me by the Japanese Embassy official about Akira
Fujita. Barely a day after I received the request for assistance, or on October 9, 1997, Akira Fujita wasarrested by Philippine immigration agents. One week thereafter, Akira Fujita was deported back to Japan.
C. The Case of Chow On Park alias Haruhiko Arai
On November 28, 1997, Ho Ji Chong alias Hiroshi Matsuda shot and killed Haruo Nishikawa in Kadomashi, Osaka. Thereafter, his cohort, Chow On Park alias Haruhiko Arai placed the dead body of the victim into
the trunk of his own vehicle and drove the car to the parking lot of Hoshigaoka Kosei Nenkin Hospital locatedin Hirakata-shi, Osaka, and left it there. For having done that, Chow On Park received from Ho Ji Chong alias
Hiroshi Matsuda on the same day a cash reward of around 30 million Japanese yen.
After receiving the reward, Chow On Park instructed his wife, Marucilla Park Ruby Cristina alias Ruby
Arai, to go to the Philippines and bring along with her the 30 million yen reward for abandoning the corpse ofHaruo Nishikawa. While in the Philippines, Ruby Arai asked her cousin, Marilou Bernardo, to keep the moneyin two separate safe-deposit boxes in Philippine banks, namely: 5.48 million yen at Westmont Bank, and 19
million at China Banking Corporation, or a total of 24.48 million yen.
In the meantime, Chow On Park was prosecuted in Japan for violation of Articles 60 and 190 of the Penal
Code of Japan, for abandonment of a corpse. In connection with the prosecution of this case, Japaneseprosecutors needed to seize and confiscate the reward for the criminal act. Thus, they had to go to thePhilippines to recover the money.
In September 1998, Mr. Hideo Iida, the Chief Public Prosecutor of the Osaka Public Prosecutorsʼ Officerequested the Philippine government for assistance in connection with the criminal cases against Chow On
Park, specifically for the recovery of the reward money kept by his wife in two Philippine banks. At the sametime, two Japanese prosecutors were dispatched to the Philippines to attend to this matter.
The Japanese prosecutorʼs request was referred to me for action. Accordingly, I sought the assistance of
our law enforcement offices in the Philippines to locate Chow On Parkʼs wife, and we succeeded. Modesty
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aside, we did not only succeed in locating Ruby Arai, but I also persuaded her to turn-over the money she
kept in the banks with the help of her cousin. I personally received these moneys in the total amount of 24.48
million Japanese yen and delivered them to the Philippine Department of Foreign Affairs, which in turntransmitted them to the Japanese Embassy in the Philippines. The money was finally used in connection withthe pending criminal proceedings in Osaka against Chow On Park, who was eventually convicted andsentenced to suffer imprisonment for the crimes he has committed.
D. The Akihito Ishiyama Case
Sometime in March of 1999, our office received another request for assistance from Mr. Norio Ishibe, theChief Prosecutor of the Akita District Public Prosecutorsʼ Office, in connection with an investigation of
Akihito Ishiyama, a former postmaster of the Tokiwa Post Office in Akita, Japan. It appeared that Akihito
Ishiyama, being the postmaster, administered the cash at the Tokiwa Post Office as part of his duties andresponsibilities. However, in October 1998, Akihito appropriated for his own personal use, cash amounting tomore than 32 million yen. When he was investigated, Akihito Ishiyama disclosed that he went to thePhilippines bringing along with him cash in the amount of 33 million yen, and that while in the Philippines, hegave portions of this cash to some Filipinos.
Thus, the request of the Japanese government was to locate those Filipinos who supposedly received
money from Akihito, to confirm his assertions, and to ascertain how the money he brought to the Philippines
was spent. Two prosecutors from the Akita District were dispatched to the Philippines to interview theFilipinos named by Akihito Ishiyama. I personally accompanied these Japanese prosecutors to the place
where these persons were found and in my presence, they freely and voluntarily gave their statements to theJapanese prosecutors. Back in Japan, the Japanese prosecutors utilized the sworn statements in connection
with the trial proceedings against Akihito Ishiyama. After the trial, Akihito was found guilty of violating
Articles 235 and 253 of the Penal Code of Japan and was sentenced to imprisonment with labour of four years
and six months.

V. HOW UNAFEI INTERNATIONAL TRAINING COURSES AND SENIORSEMINARS HAVE CONTRIBUTED TO THE PROMOTION OF THE RULE OF
LAW IN PARTICIPATING COUNTRIESAs all of us know, UNAFEI was established in 1961 primarily to serve as a training institute of the United
Nations in the Asian region for criminal justice personnel from all over the world, including among others:
judges, prosecutors, law enforcement officers, probation and correction officers. The agreement between the
United Nations and the government of Japan relative to the establishment of this institute likewise provides
that UNAFEI conduct studies and research in the field of crime prevention and the treatment of offenders,
especially focusing on preventing juvenile delinquency and treatment of juvenile delinquents.
True to its mission, UNAFEI, has been able to organize hundreds of international training courses andseminars over its past 50 plus years of existence. This multitude of trainings and seminars translates to morethan 7,000 criminal justice officials spread across 137 countries worldwide.
These training and seminar participants go back to their respective countries bringing along with them afresh, rich harvest of ideas and learnings that eventually find their ways into these officialsʼ conduct of their
daily work. Most of these UNAFEI alumni take on lead roles in their fields, whether as prosecutors, law
enforcers, or probation and corrections officers. They help give shape to their countriesʼ criminal justicemachinery and become instrumental in introducing best practices and innovations in the administration ofjustice and the rule of law.
Among the countries that participate in UNAFEIʼs training seminars, the Philippines ranks second (toThailand) in terms of the total number of trainees or seminar attendees sent to UNAFEI. These participantsfrom the Philippines come from diverse backgrounds ̶ law enforcers, prosecutors, jurists or judges,
corrections officers ̶ or from the whole spectrum of the criminal justice system, in other words. The
Philippines therefore, has been very fortunate for these opportunities given to its justice workers since theirindividual or separate efforts in their respective fields bear down on the vast landscape of law enforcement,
crime prevention, and most importantly, the rule of law in the country.

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For instance, one Filipino UNAFEI alumna I interviewed shared with me that her attendance in the
training course which focused on the role of the public and victimʼs participation in having a more fair andeffective criminal justice administration, paved the way for our principal law enforcement agency, thePhilippine National Police, to develop a community-oriented policing and crime prevention strategy for thecountry. This program, called ʻCommunity and Service-Oriented Policing Systemʼ or CSOP, focuses ontransforming police officers into community leaders by shifting their mindsets from a reactive to a moreproactive law enforcers in preventing and solving crimes, in ensuring public safety and in strengthening thecapability of local government units to deliver basic services. This system now serves as the foundation ofcommunity-oriented policing and crime prevention strategy in the Philippines. It therefore contributes to thepromotion of the rule of law in the country as it seeks to address one of its important aspects ̶ societal orderand security ̶ which is key to the enjoyment of the peopleʼs rights and freedoms.
Another fellow UNAFEI alumnus I know, a ranking official in the corrections pillar, believes that the
UNAFEI training course he attended immensely helped him in his efforts to strengthen and promote the ruleof law through programs that ensure not only the reformation and rehabilitation of prisoners, but also
programs that instill in their minds the dire consequences of breaking the law. He also ensures that paroleand probation officers efficiently guide former prisoners to become productive and law-abiding citizens whowill not repeat their mistakes. During his watch, both the reoffending and revocation rates of parolees andpardonees were very low, while the grant of parole and pardon had been high.
As a major stakeholder in the promotion of the rule of law in the Philippines, the National Prosecution
Service has greatly benefited from UNAFEI trainings and seminars. Quite a number of our prosecutors are
UNAFEI alumni, and most if not all of them are now in positions where they are capable of implementing
programs that help to strengthen the rule of law in the Philippines.
For instance, our prosecutor who heads an inter-agency task force against trafficking in persons in thePhilippines, and who had the opportunity to be sent to a UNAFEI seminar, finds that the seminar helped her
promote the rule of law by ingraining good networking programs into the task forceʼs strategic national
action plan. Using this strategy, the task force conducts national and international events that result instronger partnerships and better coordination among both government and non-governmental agencies thatwork together to fight trafficking in persons. The networks that are created through these events strengthen
domestic as well as international cooperation in handling local and cross-border trafficking-in-persons cases.
She thus believes that these initiatives greatly contribute to the promotion of the rule of law in the Philippines
since all key areas on prevention, protection, and prosecution are being addressed. In fact, all these efforts
helped the Philippines achieve a Tier “1” rank in the US Global Trafficking in Persons Report in 2016 and2017.
Another Philippine prosecutor who was a participant in a senior seminar on the prevention, prosecution,
victim protection and promotion of international cooperation in trafficking in persons, believes that the
UNAFEI seminar itself helped in the promotion of rule of law by enhancing the capacity of the participants tostrengthen their respective justice institutions. For her part alone, she became a more impassioned advocate
of anti-trafficking efforts in the Philippines, closely monitoring the investigation, and ensuring the successfulprosecution, of cases involving trafficking in persons as well as illegal recruitment.
Another sector in the Philippines that has received tremendous benefits from UNAFEI is our Parole andProbation Administration (PPA). Through a partnership with UNAFEI and the Japan International
Cooperation Agency (JICA), the PPA has piloted an In-Country Training Program on the holistic approach to
the treatment of offenders, with Volunteer Resource Development as its main component. This program
empowers the community as a pillar in the justice system to be an integral part of the rehabilitation of
offenders and gives it a role in crime prevention through treatment and management of offenders. This
program has gained recognition not only in the ASEAN Region, but also in Japan, China and Korea. As amatter of fact, there has been an informal “exchange program” between the Philippineʼs PPA and UNAFEI,
wherein volunteer probation officers from Japan visit the Philippines and together with our volunteer
probation assistants, share knowledge and skills in handling non-custodial offenders. This meaningfulexchange enriches the experience and broadens the horizons of both Japanʼs and the Philippineʼs justiceworkers.

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Aside from the Volunteer Resource Development Program, the Philippineʼs PPA also implements a“Balanced and Restorative Justice Program”, which emphasizes the importance of elevating the role ofvictims and the community members through more active involvement in the justice process, holding
offenders directly accountable to the people they have violated, and providing a range of opportunities for
dialogue, negotiations, and problem solving, which can lead to a greater sense of community safety, social
harmony and peace for all. The implementation of this Program was enhanced further after the PPA headʼsattendance in UNAFEIʼs senior seminar on “The Enhancement of Appropriate Measures for Victims of
Crime at Each Stage of the Criminal Justice Process”.

VI. HOW PARTICIPANTS IN THE 168TH INTERNATIONAL SENIORSEMINAR CAN BENEFIT FROM THE PROGRAM
Participants of UNAFEI training programs and seminars reap a great deal of benefits ̶ starting fromlearning new information and ideas from lecturers, experts and fellow participants, to being exposed to local
best practices here in Japan through study visits. From your interactions with fellow training participants,
you will learn that there may be different ways of dealing with the same kind of criminal activity, and that
there may be various strategies to address the challenges of your countryʼs criminal justice systems. Thus,
you have a distinct advantage of being able to ʻshopʼ for new ideas that will help you when you return to yourseparate jurisdictions.
Best of all, as participants of this international training course, you become a part of a wide and diverse
network of professionals throughout the world who carry out the same or similar mandate that you do inyour own country. This network will certainly help you down the road, because the borderless nature of
criminal activities nowadays entails that law enforcers and justice workers worldwide are inter-connected aswell. This must have been one of the challenges of globalization to law enforcement and criminal justice. Take
advantage then, of the network that you now have. Continue to be in touch. Compare ʻnotesʼ, so to speak, forthe situations and challenges in your jurisdictions may be the same but may be addressed differently. In otherwords, go out of your way to sustain the exchanges among yourselves in the months and years to come.

VII. CONCLUSION
UNAFEI training courses and seminars that involve the participation of justice workers of diverse
backgrounds, cultures and practices, are not only venues for discourse, learning, exchange and international
cooperation. They are in themselves powerful and effective occasions that promote and strengthen the rule oflaw not only in Asia, but the world over. They not only capacitate participants in the performance of their
distinct functions in the justice system, but also inspire and motivate them to become better, if not the best, in
their fields.
The rule of law is challenged on many fronts, that is why it is important that stakeholders from its various
aspects are gathered together in common venues and occasions, like the ones we have in UNAFEI, in orderto foster exchange of ideas and cooperation. The challenging times ahead in terms of crime prevention andsolution demand that the international cooperation and exchanges among countries, governments and civil ornon-governmental organizations are sustained. For this reason alone, UNAFEI has been a worthwhile
undertaking as it is worth keeping.

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SUCCESS FACTORS FOR SMASHING CORRUPTION AND NEW
APPROACHES TO SUSTAIN PROBITY CULTURE IN HONG KONG
Elis LEUNG＊

Recognized as one of the cleanest cities with the least corruption in the world1, Hong Kong has come along way in the anti-graft battle. Before the inception of the Independent Commission Against Corruption(ICAC) in 1974, corruption was very rampant in both the public and private sectors in the city of Hong Kong.
Most people accepted corruption as a way of life and were so ready to grease the palms of officials in seeking
employment, schooling, housing and doing business. Today, the society of Hong Kong upholds high ethicalstandards and a zero-tolerance attitude towards corruption. According to the ICAC Annual Survey 20172, on
a rating scale of 0 to 10, of which 0 represents zero tolerance and 10 represents total tolerance of corruption,
the mean score for Hong Kong was 0.6. A vast majority of citizens agreed that keeping the city corruptionfree was important to the overall development of Hong Kong and supported the anti-graft work of the ICAC.3
Such transformation of attitude over the past 40 + years is the synergy of a host of factors serving as thepillars of success in the fight against corruption.

I. THE SUCCESS FACTORS
A. Strong Rule of Law and Profound Determination of the Government
Hong Kong enjoys worldwide acclaim as one of the most corruption-free places, with a sound anti-graftsystem and a culture of probity entrenched in the community. What lies at the heart of its success is the
ICACʼs and the Hong Kong Special Administrative Region (HKSAR) Governmentʼs undaunted determination
in upholding the rule of law. The Prevention of Bribery Ordinance, i.e. the anti-corruption law of Hong Kong,
comprehensively covers both the government and the private sector. More importantly, the law is enforced
in a fair and impartial manner, without any political consideration. As emphasized in the Policy Address by
the Chief Executive of Hong Kong in October 2017, the ICAC remains independent and is fearless, robust andeffective in pursuing the corrupt. Regardless of the background, status and position of persons ororganizations involved, the ICAC carries out investigation without fear or favour. Evidence is then passed to
the Secretary for Justice who makes the decision of prosecution. The crooked will be brought to justice foropen and fair trials before the court. The separate power of prosecution and independent judiciary are two
fundamental elements in the checks and balances system to ensure there is no abuse of investigative power.
The HKSAR Government is committed to upholding judicial independence, the independent status of the
ICAC and the rule of law. All of these are the core values of Hong Kong well affirmed by the Basic Law4.
Keeping Hong Kong corruption-free is always at the top of the agenda of political leaders. The clear political
will to eradicate corruption in the city enables the operational autonomy of the ICAC. The ICAC
Commissioner is directly answerable to the Chief Executive of Hong Kong, to make sure the anti-graft
Senior Community Relations Officer, Independent Commission Against Corruption, Hong Kong.
Hong Kong has consistently remained in the band of the top 20 economies with very low levels of corruption in the world
according to the Corruption Perceptions Index compiled by Transparency International since 1995. The city is ranked the 13th
least corrupt place among the 180 countries/territories in the Corruption Perceptions Index 2017.
2
ICACʼs Community Relations Department has conducted community-wide opinion surveys through interviews since 1992.
Objectives of the surveys are to understand the public attitude towards corruption and the reasons behind it; to identify
changing public concerns regarding corruption and the underlying reasons; to gauge public opinion towards the work of the
ICAC; and to gauge the behaviour and experience of the public in reporting corruption. The surveys have been conducted byindependent research firms that are commissioned through quotation exercises. A total of 1,516 persons were successfullyinterviewed in the 2017 face-to-face household survey.
3
According to the ICAC Annual Survey 2017, 99. 2% of respondents agreed that “keeping Hong Kong corruption-free isimportant to the overall development of Hong Kong”; whereas 96.8% of respondents responded that “the ICAC deserves theirsupport”.
4
The Basic Law is the constitutional document for the HKSAR.
＊
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agency is free from any interference in conducting investigation. Over the years, the ICAC continues toreceive full support from the cityʼs top leaders and lawmakers, in terms of the comprehensive anti-corruption
legislation; adequate investigative powers for effective law enforcement; and sufficient financial resources for
implementation of its holistic three-pronged strategy to combat corruption.
B. Holistic Anti-corruption Strategy
Hong Kong has been tackling corruption with a holistic approach, combining enforcement, prevention andeducation to smash corruption on all fronts. Alongside deterrent enforcement actions which make corruption
a high-risk crime, the ICAC has put in place a system and rules to eliminate corruption loopholes and has
transformed the public attitude towards corruption from meek tolerance to rejection and to engagement in
the graft fight through unremitting community education. During a visit to Hong Kong in 2016, Mr. José
Carlos UGAZ, the former Chair of Transparency International, praised Hong Kong for its pioneering andtime-tested three-pronged strategy as a role model for the world on how to deal with the problem ofcorruption. Both the symptoms and the root cause of corruption are fully addressed through this panoramic
approach.
C. Persistent Public Support
Public support is of paramount importance to the success of anti-corruption work. The strong support
from the public for the ICAC could be seen in some major findings of the ICAC Annual Survey 2017. For
instance, over 96% of survey respondents opined that the ICAC deserved their support. Nearly 80% of
respondents indicated that they were willing to report corruption. From the corruption complaints received,
90% of them came from the general public whereas over 70% of the complaints in 2017 were non-anonymous.
All of these are solid evidence of the public confidence and trust towards the Commission. Support of thecitizens of Hong Kong is an asset and driving force of the ICACʼs in the fight against corruption.

II. CHALLENGES IN THE NEW ERA
While the aforementioned factors have contributed to the success in changing peopleʼs mindset andentrenching integrity as a core value in Hong Kong, the process of graft-fighting is not without challenges.
The ICAC must stay vigilant to the uphill battle brought by the evolving society to its mission of sustaining
the probity culture in the dynamic environment.
A. Anti-corruption Not the Priority
With the consistent and robust enforcement actions over the years, corruption is well under control in
Hong Kong nowadays. The glorious achievement in eradicating corruption could possibly be a hindrance inenlisting public support to the anti-graft mission. To the general public, corruption is far more remote thanother livelihood issues such as housing, education, medical care etc. Consequently, corruption is no longer
perceived as a pressing problem in the city and receives diminishing attention. Hence, relentless effort isrequired to keep the issue on the public agenda and secure the continued support of our community for thegraft-fighting work in the long run.
B. Perception of the Younger Generation
According to the ICAC Annual Surveys, youngsters (aged 15-24) are comparatively more tolerant ofcorruption than the other age groups.5 A possible reason is that youngsters in Hong Kong have neverexperienced the plight of endemic corruption as the older generation did. They consider corruption too
abstract and remote to them. The challenge to impress upon the new generation the evils of corruption andsustain their interest and support for anti-corruption is thus indispensable.
C. Potential Loss of Public Trust
Amid polarization and skepticism arising around the globe, there has been an increasing trend of public
mistrust of the government in Hong Kong including the ICAC. The extensive media coverage of some highprofile cases might also intensify the corrosion of public perception and arouse questions about the capabilityof the ICAC. It can take just one lapse to ruin the reputation built up over many years. Therefore, the ICAC

According to the findings of the ICAC Annual Surveys in the past eight years, the tolerance of corruption of young people
aged between 15 and 24 (0.1 to 1.5 scores) was slightly higher than that of the people aged between 25 and 64 (0.5 to 1.2 scores).
5

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has to remain sensitive to public sentiments and refine its work strategies in response to the change in theexternal environment.
D. Behavioural Change of Audience
The rapid technological advancement and rise of new and social media have brought unprecedentedchanges to the pattern of peopleʼs behaviour in reception of information in the modern society. People are
now bombarded by the sheer volume of information every day and tend to spend shorter time on each pieceof information. The interactive nature of new media allows users to easily screen out the content that is not ofinterest. To ensure probity messages effectively reach the target groups, the publicity campaigns have to be
tailor-made and more concise with a sharper focus to arouse the attention of the target audience instantly. It
is essential for the ICAC to keep abreast of the latest trends of communication when formulating its
integrated marketing strategies.

III. TAKING ON THE CHALLENGES FROM THE PREVENTIVE EDUCATIONPERSPECTIVE
To take on the challenges and continue the mission to safeguard the integrity culture in the evolving
society, the Community Relations Department (CRD) of the ICAC devises an array of innovative publicity
strategies to maximize the impact of its advocacy campaigns to different segments of the community.
A. Strengthening Alliances with Key Stakeholders
The CRD reaches out to different strata of the society and forms strategic alliances with key stakeholders
to ensure anti-corruption and ethics management are always a top-of-mind concern of people in Hong Kong.
Such partnership approach also enables the CRD to tap the resources, networks and expertise of the
stakeholders so as to achieve a multiplying effect for the preventive education programmes.
An example is that the ICAC joins hands with the Civil Service Bureau6 to implement the Ethical
Leadership Programme (ELP). Under the ELP, each government department nominates a directorate officer
serving as “Ethics Officer”, who spearheads ethics training and integrity promotion initiatives within his
department. Similarly, staunch partnership has been built with the business sector. The ICAC has the
support of ten major chambers of commerce in Hong Kong to set up the Hong Kong Business Ethics
Development Centre to promote business and professional ethics as the first line of defence against
corruption and fraud. Messages on integrity management and ethical governance are promulgated tobusiness practitioners through the extensive network of the chambers of commerce. This public-private
partnership was recognized and affirmed by the international arena, such as the acknowledgment by theWorld Bank7.
B. Engagement with Community
To sustain citizensʼ continued support for anti-corruption work, the ICAC needs to foster a sense ofownership amid the community in fighting corruption. Therefore, the Commission proactively engages
different cohorts of citizens to take a participatory role in integrity promotion activities. The citizens havethus become multipliers and publicists of anti-corruption messages. In 2015, the ICAC launched a multi-yearmulti-layer civic engagement and education programme entitled “All for Integrity” to instill positive values inpeople from all walks of life and mobilize Hong Kongers to support the anti-corruption cause. A series of
events, including competitions, performances, exhibitions, bus parades, etc. have been rolled out. With over
300 organizations on board, nearly 780,000 people, or more than one-tenth of Hong Kongʼs population, were
engaged so far. The Programme will continue to arouse public attention through intensive and multi-faceted
activities, sustain the momentum of probity-culture building in the city of Hong Kong and put forth a
The Civil Service Bureau is one of the 13 policy bureaus of the HKSAR Government. It assumes overall policy responsibility
for the management of the civil service, including such matters as appointment, pay and conditions of service, staff
management, manpower planning, training and discipline.
7
The World Bank mentioned in its publication Fighting Corruption in East Asia: Solutions from the Private Sector (2003) that“the Hong Kong [Business] Ethics Development Center, established under the umbrella of the ICAC, provides many materials
and supports training activities targeting small and medium-size enterprises ... Having a government agency directly involvedin the dissemination of business ethics is quite exceptional worldwide and reflects the very strong policy of prevention
implemented in Hong Kong.”
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profound and lasting effect in the society.
On the other hand, over 2,000 citizens are engaged as ICAC Club members as volunteers in promoting
anti-corruption messages in their local communities. They render full support in ICACʼs publicity projects
and have become close allies and valuable partners of the ICAC in fostering the culture of integrity.
C. Riding on the New Trend of Communication
The CRD has been deploying online and offline channels to disseminate anti-corruption messages andreach out to the wider community. Digital advancement has enabled the ICAC to make effective use of multimedia platforms to engage the public. Alongside the conventional mass media production such as the TV
Drama Series, TV and radio commercials and printed materials, the CRD produces microfilm, comics,
animation and e-games to reach out to netizens and millennials through online media such as Facebook,Weibo and YouTube. To catch the eye of our target groups, in particular youngsters, the CRD has recently
created an icon “iSir”. With a professional yet friendly image, “iSir” serves as the spokesman of the ICAC tobroadcast the latest news and initiatives of the Commission in a light-hearted manner through extensive
channels.

IV. FOSTERING A NEW GENERATION WITH INTEGRITYThe CRD attaches great importance to moral education of the young generations and introduces positive
values to them at every developmental stage. Education kits featuring the cartoon rabbit “Gee-Dor-Dor” andother parenting programmes are produced for kindergarten children. Whereas in a recent multimedia projectfor primary schools, over 50,000 students were engaged to produce creative audio-visual artwork on integrity
themes and participate in on-campus interactive activities.
Secondary and tertiary students are recruited as ICAC Ambassadors to organize on-campus integrity
activities for their peers. These initiatives help deepen young peopleʼs understanding of the importance of
personal integrity and abiding by the law, hence providing a solid foundation before they enter the job
market. These young supporters are also encouraged to pass on the core value of probity and exude a
positive influence on the community by becoming ethical leaders in the future. On the other hand, a Youth
Chapter of the ICAC Club has recently been launched to encourage more young people to contribute to theanti-corruption cause. In 2018, the ICAC will organize a large-scale youth engagement programme, the“Youth Integrity Fest”, to reinforce the core value of integrity and probity culture among the younger
generation. The latest virtual reality (VR) simulation and augmented reality (AR) technology will be adopted
in the upcoming preventive education projects to showcase the evils of corruption through illustrative casesand demonstrate the importance of safeguarding a level playing field in Hong Kong to the younger
generation.

V. WAY FORWARD
In the future, the ICAC will continue to sustain public vigilance through continuous anti-corruption
education and engagement programmes with reference to the occupation, profession and daily life of different
segments of the community. At the same time, the Commission accords top priority to the upkeep of publictrust by informing the people in Hong Kong of its anti-graft efforts on three fronts: enforcement, systemprevention as well as community education. The ICAC also spares no effort to connect with young people andengage the millennials through creative means to enhance their ownership of the anti-corruption cause sothat the core value of integrity can be passed from one generation to another.
Social culture is dynamic and subject to shaping of different forces. To nurture and sustain an integrity
culture is never an easy task. It requires perseverance and innovation to tackle new challenges coming one
after another. ICAC officers are ready to undertake the mission with dedication and professionalism. The
ICAC always welcomes the sharing of experience, knowledge and insights among regional and internationalcounterparts to facilitate better understanding of the latest trends and anti-corruption strategies in a global
context.

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LAW-RELATED EDUCATION CONTRIBUTING TO PEACEFUL AND
INCLUSIVE SOCIETIES
Sanjeewa Manojith Dharmaratna＊

I. INTRODUCTION
Sri Lanka police celebrated its 151st commemoration on 3rd September 2017. The present Sri Lankan
police service was formally established on 3rd September 1866 under Ordinance No. 16 of 1865, during the
British regime. Duties and responsibilities of police officers are mentioned in clause 56 of the police ordinance,
which was formulated by the British and reads as,
Section 56
Every police officer shall for all purposes in this Ordinance contained be considered to be always on
duty, and shall have the powers of police officers in every part of Ceylon.
i.
ii.
iii.
iv.
v.
vi.

to use his best Endeavourʼs and ability to prevent all crimes, offences and public nuisances;to preserve the peace;
to apprehend disorderly and suspicious characters;
to detect and bring offenders to justice;
to collect and communicate intelligence affecting the public peace; andPromptly to obey and execute all orders and warrants lawfully issued and directed to him by any
competent authority.

Our Vision
Towards a Peaceful environment to live with confidence, without fear of Crime and Violence.
Our Mission
Sri Lanka Police is committed and confident to uphold and enforce the law of the land, to preserve thepublic order, prevent crime and terrorism with prejudice to none ‒ equity to all.
Including elements of the above points, the Sri Lanka Police vision and mission were been created.
Main Targets
I. Creating a safe and a peaceful environment for the Sri Lankans to live in harmony by producing peoplefriendly, professional, prestigious and elite Police officers with pride.
II. Devotion and commitment towards crafting exemplary and prestigious police officers to protect law andorder by developing their knowledge, skills and humanity.
III. To train police officers to perform ritual police duties and to face unforeseen emergencies and othersituations.
IV. Creating a peaceful society, taking adequate measures to prevent crimes, winning the confidence of thepeople by actively participating in the criminal justice system when crimes are committed and getting
involved in implementing community-based policing, collecting criminal intelligence, taking prompt action
to investigate crimes, educating the public of their roles and rights in curbing crimes, training police
officers to perform anti-criminal work investigation and assess the work of territorial divisions,maintaining a good rapport with all relevant agencies involved in the criminal justice system, getting the＊

Deputy lnspector General of Police, Recruitment,Training and lnternational Relations Range, Sri Lanka.

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fullest cooperation of the law abiding citizens to curb crimes.
V. To control the supply and demand of drugs through enforcement and educating the society on the evils of
drugs, especially reaching out to youth. In achieving these objectives, the Police Narcotic Bureau changes
its strategies according to the drug trend in the country. Close coordination is adopted among government
institutions and non-government institutions that are directly involved in controlling the drug menace.
Public cooperation is solicited for greater success through awareness programmes to reduce the abuse.

II. WHAT IS LAW-RELATED EDUCATION?
Law-Related Education (LRE) is “education to equip non-lawyers with the knowledge and skills pertaining
to the law, the legal process, and the legal system, and fundamental principles and values on which these arebased.” It helps students “respond effectively to the law and legal issues in our complex and changing
society.” Education for citizenship in a constitutional democracy, not specialized legal education, is the main
point of law-related education in elementary and secondary schools. Given the fundamental place of law in Sri
Lankan society, every citizen needs to know how the legal and political systems function, how the law affects
them, and how they can affect it.
In the past, major leaders in LRE described their field for a federal government report. They defined LRE
as “those organized learning experiences that provide students and educators with opportunities to develop
the knowledge and understanding, skills, attitudes and appreciations necessary to respond effectively to thelaw and legal issues in our complex and changing society” (Study Group on Law-Related Education). In linewith this definition, central ideas of LRE1 programmes pertain to why certain legal procedures have been
established and how they work in resolving disputes.
A. Development of CitizenshipLaw-related education provides young people with knowledge, skills, and attitudes necessary for
informed, responsible participation in general constitutional democracy. LRE clearly and indisputably
increases studentsʼ knowledge of the justice system, government, and the rights and responsibilities ofcitizenship in a constitutional democracy.
There also is evidence that LRE contributes to development of skills in civic participation, decision
making, and critical thinking. Finally, positive attitudes about the law, the justice system, and responsible
citizenship may be enhanced through LRE programmes, such as through the following programme: Advanced Diploma in Police Science
Period: 24 Months
Conducted by: Sri Lanka Police Academy,
Qualifications: Advanced Diploma in Police Science and 03 years of active service following
the Diploma or 03 years of service as a Gazette Officer and having been
confirmed in the rank.
B. Prevention of Delinquency
A study conducted by the Social Science Education Consortium and the Center for Action Research
indicates that LRE programmes, when properly conducted, can reduce tendencies toward delinquent
behaviour and improve a range of attitudes related to responsible citizenship. For example, successful
students of LRE programmes are less likely to associate with delinquent peers, use violence as a means ofresolving conflict, and refrain from reporting criminal behaviour to authorities. For example:
 Diploma in Leadership and Management training
Period: 04 Months
Conducted by: Sri Lanka Police Academy
Qualifications: 05 yearsʼ active service at the rank of Inspector of Police and having been
confirmed in the rank.
C. Growth of Student Interest in Social Studies
The content of LRE1 programmes is directly related to the lives of students. The variety of interactive
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methods of instruction (e.g., small group work, mock trials, simulations, case studies) seem to involve students
positively in the learning process. Thus, law-related educators tend to report that students seem to “value
LRE1 classes as relevant, useful, and interesting; that the classroom interaction is rewarding̶offering
students who had difficulties mastering the subject matter of other courses opportunities to participate
successfully”. Heightened interest and positive attitudes of students in LRE1 programmes may transfer toother courses in social studies. Some programmes include:






Diploma in Scene of Crime (Conducted by the National Police Academy)
Diploma in Senior Crime detective (Conducted by the National Police Academy)
Diploma in Crime Scene Management (Conducted by the National Police Academy)
Diploma in Cybercrimes (Conducted by the National Police Academy)
Diploma in Community Policing (Conducted by the National Police Academy)

D. Provision of Breadth and Depth to Education in the Social Studies
Law-related concepts and facts are necessary to the understanding of history, government, andeconomics̶subjects that are integral to education in the social studies in elementary and secondary schools.
Sources of law, functions of law, legal processes, legal roles, and legal principles (e. g., justice, equality,
authority, freedom, order, etc.) are essential elements of the social studies curriculum. Thus, LRE1 is anecessary component of a sound social studies curriculum. Some programmes include:

Diploma in Criminology (Conducted by the University of Sri Jayewardenepura)
Bachelor of Science Degree/Police Science (Conducted by the University of Kelaniya)III. PRIMARY, SECONDARY AND TERTIARY LAW-RELATED EDUCATION
A. Primary Law Related Education
According to the Primary Law Related Education in Sri Lanka the following topics are highlighted:(i)
School legal awareness programmes(ii) School traffic controlling committees(iii) Community policing programmes
B. Secondary Law Related Education(i)
Police collegesʼ programmes(ii) Institutional programmes(iii) 13 police in-service centres
C. Tertiary Law Related Education(i)
University degrees, advanced diplomas and certificate courses(ii) National Police Academy degrees, advanced diplomas and certificate courses(iii) Foreign courses

IV. LAW-RELATED EDUCATION FOR TEACHERS, COMMUNITY LEADERS
AND THE GENERAL PUBLIC
Sri Lanka Police committed to educate the general public, teachers, community leaders, students etc. on
prevailing law in the country in order to prevent crime and maintain a peaceful environment. To do theeducation programmes, suitable persons are sent to schools, clubs, institutes, etc. Sometimes the Sri Lanka
Police College and the National Police Academy conduct short-term law education programmes for civilians
in their respective institutions.

V. LAW-RELATED EDUCATION THROUGH MASS MEDIA
Mass media is a one of the options to promote crime-related information to the public and to reduce crime
rates in Sri Lanka. These are some examples:
(i)
(ii)
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Police gazette system
Awareness programmes for the public to increase knowledge regarding crime prevention

168TH INTERNATIONAL SENIOR SEMINARPARTICIPANTSʼ PAPERS

(iii)
(iv)
(v)
(vi)
(vii)

Radio advertisements with reward systems to collect information about highlighted crimes
TV news with CCTV information regarding crimes incidents
Money laundering information
Police websites
Scene of crime management public awareness programmes

A. Some Important Points Enumerated in the Newspaper(Sunday, 5 November 2017)a) Reduce incidence of certain categories of crime, those on the upward trend to tolerable levels.
“...Of the 51,809 grave crime cases reported during 1996, in 3,395 cases firearms have been used. Of the3,395, in 901 cases, automatic weapons have been used by the culprits.
In 2012, of the 4,885 grave crimes committed against persons, in 2,237 cases automatic weapons havebeen used. This developing trend needs to be added, in order to reduce the level of risk felt andexperienced by the citizens...”b) Maintenance of standards in criminal justice services:
Explains the importance in implementing sentencing guidelines and the theories of Restorative Justice.
c) Measurement of crime
A true picture of the crime situation in the country does not appear in the crime statistics.
Official statistics take into account only a set of standard violations of law, adopted globally, like,breaking and entering and theft; robbery, etc.
These are listed as grave crimes. In addition, it is important to undertake in-depth studies into specificcrime problems prevalent in the country to understand the real crime situation. A few of them are:
* Offences committed against the environment, reservoirs, coasts and cultural heritage;* Effects of screen violence, video parlors, phonographic materials, gaming and betting centres,
especially, on the minors* Bribery and corruption in the government and corporate sectors* Organized crime and transnational crime, including, human and drug trafficking* Developing adverse subcultures in tourist industrialized areas

VI. SIGNIFICANCE OF A CULTURE OF LAWFULNESS WHILE RESPECTINGTHE CULTURAL IDENTITY OF EACH COUNTRY
A. What is a Culture of Lawfulness?
A culture of lawfulness means that the population in general follows the law and has a desire to access thejustice system to address their grievances. It does not require that every single individual in that society
believe in the feasibility or even the desirability of the rule of law but that the average person believes thatformal laws are a fundamental part of justice or can be used to attain justice and that the justice system canenhance his or her life and society in general. Without a culture of lawfulness, the population will have nodesire to access the system and may resort to violence to resolve grievances. For the rule of law to be fully
realized, the population needs to follow the law and support its application voluntarily rather than throughcoercion. The culture of lawfulness in Sri Lanka has solved so many highlighted crime cases. Some examples
follow:
(i)
(ii)
(iii)

Colombo-Pettah bus stand murder case ‒ Western province in Sri Lanka
Gang rape and murder case in Kaytes ‒ Northen province in Sri Lanka
Girl child “Seya Sadewmi” rape and murder case ‒ Kotadeniyawa Gampahain Sri Lanka: Members of
the public in the area had given information and our justice system was able to solve the crimes andbrought the culprits to justice.

B. Programmes for Communities to Enhance their Culture of Lawfulness(i)
Awareness programmes(ii) Public intelligence systems(iii) Police and public patrolling system according to the crime clock and the map(iv) Community policy committees. There are 14,022 villages that have a separate community policy
committee.
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Women and child protection units

C. Guidance for Promoting a Culture of Lawfulness
Participation and communication can help build the foundations for a culture of lawfulness, which may notexist in a society emerging from conflict. Participation means that the population feels they are a part of theprocess and can use the law to improve their lives. Communication means that an open dialogue exists
between the rule of law community and the population in general and that the public has the means to obtain
information from the government.
Some examples in Sri Lanka:I.
118, 1919 & 119 government Information systems
II.
Legal aid agencies
III. Attorney Generalʼs Department
IV. Human Rights Commission
D. Promote Public Participation
In many societies emerging from conflict, the population may be afraid to speak out and voice theiropinions. They may have little experience with participation. The international community should promoteparticipation in rule of law reforms. When the members of the public start to feel like they are part of theprocess, they connect to their society, thus strengthening social cohesion and their investment in promoting
the rule of law, and they begin to trust in their government and the justice system, both of which are essential
for planting the seeds of a culture of lawfulness and respect for the rule of law.
E. Promote Communication between the Justice System and the Population
In societies emerging from conflict, a lack of mutual understanding and trust commonly exists between
the population and the justice system. The international community should support efforts to open the lines ofcommunication to help enhance mutual trust and understanding through dialogue between the public and thejustice system. Dialogue can be convened around key issues affecting both the population and the justicesystem or through permanent communication structures such as local community-police fora. These dialogue
sessions can also provide a forum for justice actors and the population to put forward joint proposals for ruleof law reforms. Another way to foster communication and understanding is to establish more permanentcommunication structures such as local community policing boards in which the police meet with the
population on a regular basis to discuss issues of concern to both sides.
F. Support School-based Education
By including rule of law in curriculum as part of school education for children, a strong culture of
lawfulness message is sent not only to students but to the families and the community. School education
programmes should help young people understand how the rule of law improves quality of life and why theyshould follow the law, as well as develop knowledge of the justice system and skills for preventing crime.
G. Engage the Mass Media and Popular Culture
The mass media and culture of citizens are powerful connections in many countries. They can send strong
messages that support a culture of lawfulness and the rule of law. The media can also expose crime andcorruption and provide a forum for the population to express their views on the rule of law by covering
related issues or topics and by providing a forum for national discussion. Popular culture, through films,
popular songs, television, advertising, and art can all convey positive rule of law messages.
H. Work with Law Enforcement Agencies
Law enforcement agencies are at the front lines and are the first point of contact of the justice systemwith the population. Law enforcement officials should send a message that rule of law matters, that
corruption will not be rewarded, and that officers are expected to ensure responsive, service-oriented
policing. Accountability mechanisms also support a culture of lawfulness. Education of law enforcement
officials is necessary, as are performance reviews that take into account how the official has upheld the rule of
law.

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VII. COOPERATION BETWEEN THE LEGAL AND EDUCATIONAL
PROFESSIONS
Since the inception of the Sri Lanka Police in 1866 we have been maintaining good cooperation between
the police and other education professions. In order to enhance the law-related knowledge and raise service
standards, we have entered into Memoranda of Understanding with the following institutions.
A. National Universities Assisting the National Police Academy to Facilitate Specialized Training
Programmes
I.
University of Sri Jayawardenepura
II.
University of Moratuwa
III. University of Colombo
IV. University of Kelaniya
V.
University of Peradeniya
VI. General Sir John Kotelawela Defense University
B. State Training Institutions Assisting the National Police Academy to Facilitate Specialized Training
Programmes
I.
Department of National Languages
II.
Sri Lanka Institute of Development Administration
III. Bandaranaike International Diplomatic Training Institute (BIDTI)
IV. Sri Lanka Foundation Institute
V.
National Institute of Social Development
VI. National Library and Documentation Board
VII. Attorney General Department
VIII. Government Analysis Department
C. Why Should LRE Be Included in the Social Studies Curriculum?
Four reasons for including LRE in the curriculum are,I.
Development of knowledge, skills and attitudes needed for citizenshipII.
Prevention of delinquency
III. Growth of student interest in social studies
IV. Provision of breadth and depth to education in social studies

VIII. COOPERATION AMONG RELEVANT AGENCIES, ORGANIZATIONS AND
INDIVIDUALS (E.G., STATE AGENCIES, LOCAL GOVERNMENTS, SCHOOLS,NON-GOVERNMENTAL ORGANIZATIONS, BAR ASSOCIATIONS, PRO BONO
LAWYERS)
There are a number of trends in the development of the contemporary Sri Lanka legal profession whichhave been widely remarked upon, among them:The growth in size of the profession;
The increasingly boundary-free nature of legal practice;
The imperatives for private legal practice to become more competitive and “business-like”;
The professionalization of certain formerly lucrative areas of legal practice, such as residential
conveyance; The crisis in legal education caused by the very poor level of resources available to university law
schools; The inaccessibility of the courts for reasons of cost and delay; and The consequent growth of Alternative (or preferably “Additional”) Dispute Resolution (ADR).

IX. MEMBER ORGANIZATIONS
A. Human Rights Commission
a. To give force to the commitment of Sri Lanka as a member of the United Nations in protecting human161

RESOURCE MATERIAL SERIES No. 105

rights, and to perform the duties and obligations imposed on Sri Lanka by various international treaties;
to maintain the standards set out under the Paris Principles in 1996, the Government of Sri Lanka
formulated Act No. 21 of 1996 to establish the Human Rights Commission of Sri Lanka.
b. The Human Rights Commission of Sri Lanka is an independent commission, which was set up topromote and protect human rights in the country.
c. Prior to the establishment of the Human Rights Commission of Sri Lanka (HRCSL), two different
institutions had been promulgated under emergency regulations; the Human Rights Task Force (HRTF)
to prevent illegal arrest and detention and the Commission for Eliminating Discrimination & Monitoringof Human Rights (CEDMHR) to prevent discrimination.
B. Attorney Generalʼs Department
The Attorney Generalʼs Department provides legal assistance to the central government, provincial
councils, government departments, statutory boards and other semi-governmental institutions. Legal officersof the Department provide instructions to the Government and governmental institutions on civil, criminal,
constitutional and commercial matters and represent the Government and governmental institutions for thecases instituted in the Supreme Court, other Courts and labour tribunals on the island.
Three main divisions, named the Civil Division, the Criminal Division and the State Attorney Division,
have been established in the Department for Civil and Criminal Cases and the Establishment Division and the
Account Division have been established to conduct administrative work. In addition to those divisions, theCorporation Division, the EER Unit, which performs duties under the Extra Emergency Regulations andPrevention of Terrorism Act, the Child Abuse Cases Unit, the Immigration and Emigration Unit, the Public
Petitions Unit and the Supreme Court Unit have been established for the smooth functioning of the Attorney
Generalʼs Department.
C. Human Rights and the Rule of Law
It is desirable to relate personal values and, more specifically, organizational values, to human rights andthe rule of law. Human rights can be an emotive topic with different interpretations across the globe.
Historically, human rights have been developed over many hundreds of years and are embodied in the majorreligions. In recent times, the following list is widely accepted and endorsed by the United Nations. The
Universal Declaration of Human Rights ‒ summary version:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.

162

We are all born free and equal. We all have our own thoughts and ideas. We should all be treatedin the same way.
These rights belong to everybody, whatever our differences.
We all have the right to life, and to live in freedom and safety.
Nobody has any right to make us a slave. We cannot make anyone else our slave.
Nobody has any right to hurt or torture us or treat us cruelly.
Everyone has the right to be protected by the law.
The law is the same for everyone. It must treat us all fairly.
We can all ask for the law to help us when we are not treated fairly.
Nobody has the right to put us in prison without a good reason, to keep us there or to send us
away from our country.
If we are put on trial, this should be in public. The people who try us should not let anyone tellthem what to do.
Nobody should be blamed for doing something until it has been proved. When people say we did a
bad thing we have the right to show it is not true.
Nobody should try to harm our good name. Nobody has the right to come into our home, open ourletters, or bother us, or our family, without a good reason.
We all have the right to go where we want to in our own country and to travel abroad as we wish.
If we are frightened of being badly treated in our own country, we all have the right to run away
to another country to be safe.
We all have the right to belong to a country.
Every grown up has the right to marry and have a family if they want to. Men and women havethe same rights when they are married, and when they are separated.

168TH INTERNATIONAL SENIOR SEMINARPARTICIPANTSʼ PAPERSXVII.

Everyone has the right to own things or share them. Nobody should take our things from us
without a good reason.
XVIII. We all have the right to believe in what we want to believe, to have a religion, or to change it if wewish.
XIX. We all have the right to make up our own minds, to think what we like, to say what we think, andto share our ideas with other people.
XX.
We all have the right to meet our friends and to work together in peace to defend our rights.
Nobody can make us join a group if we donʻt want to.
XXI. We all have the right to take part in the government of our country. Every grown up should beallowed to vote to choose their own leaders.
XXII. We all have the right to a home, enough money to live on and medical help if we are ill. Music, art,
craft and sport are for everyone to enjoy.
XXIII. Every grown up has the right to a job, to a fair wage for their work, and to join a trade union. 24.
We all have the right to rest from work and relax.
XXIV. We all have the right to enough food, clothing, housing and health care. Mothers and children andpeople who are old, unemployed or disabled have the right to be cared for.
XXV. We all have the right to education, and to finish primary school, which should be free. We shouldbe able to learn a career, or to make use of all our skills.
XXVI. We all have the right to our own way of life, and to enjoy the good things that science and learning
bring.
XXVII. There must be proper order so we can all enjoy rights and freedoms in our own country and allover the world.
XXVIII.We have a duty to other people, and we should protect their rights and freedoms.
XXIX. Nobody can take away these rights and freedoms from us.
According to Chapter III of the Constitution of the Democratic Socialist Republic of Sri Lanka, someselected fundamental rights for Sri Lankans are protected.

X. NATIONAL LAWS TO PROTECT THE RIGHTS OF CHILDREN IN SRI
LANKANational law in Sri Lanka has moved away from a position of exclusive faith in criminal processes toprotect children to a more direct child- or victim-focused protective approach at the legislative andconceptual level (GOSL, 2008). National laws in Sri Lanka that cover child rights are as follows:
A. The Children and Young Persons Ordinance No. 48 of 1939
This ordinance is the principal legislation in Sri Lanka which addresses the rights and interests of a childor young person who is a victim of an offence or who is facing a charge for an alleged offence. It deals with theprotection of children and young persons, juvenile courts and supervision of juvenile offenders.
B. The Adoption of Children Ordinance No. 24 of 1941
The adoption ordinance has general applications in Sri Lanka. Therefore, customary laws such as Muslim
law and Thesawalami law does not apply except in the case of succession. This provides procedures for the
adoption of children and registration for persons who are not the natural parents of the child but have thecare, custody or control of the child, in the District courts. Types of adoption are categorized as local adoption(adopting a child from a receiving home or related or known child) and foreign adoption (adopting a child froma receiving home or a child who is related by blood).
C. The Tsunami (Special Provisions) Act 2005
This act has provisions to deal with persons affected by a tsunami; special provisions for tsunamiorphaned children regarding their guardianship, custody, foster care and adoption; monitoring and evaluationof custody, foster care and recommendations for adoption.
D. The Employment of Women, Young Persons and Children (Amendment) Act No. 8 of 2003
This act has strengthened child labour law by increasing the minimum age of employment from 12 to 14
years, and prohibiting the employment of children under 14 while enhancing the sentence for violation of thisprovision. This act has further classified the minimum age for employment at sea (on a vessel) as 15 years; for163

RESOURCE MATERIAL SERIES No. 105

training to take part in performances of a dangerous nature as 16 years; for public performances endangering
life or limb, prescribed hazardous occupation and night work as 18 years.
According to this Act, a child may work in light agricultural or horticultural work before thecommencement of regular school hours or after the close of school hours, with the permission of his or her
parent (s) /guardian (s); or in any school or other institution supervised by a public authority that impartstechnical education or other training for the purpose of any trade occupation.
E. The Factories Ordinance No. 45 of 1942
According to the Factories Ordinance, children between 16-18 years should not engage in work for morethan 12 hours per day. They should not start work earlier than 6 a.m. and should not work after 6 p.m.
Maximum hours of work for a young person are 60 hours per week, including overtime.
F. The Shop and Office Employees Act No. 19 of 1954
The minimum age for employment in a shop or office is 14 years. A child between 14-18 who is working ina shop or office is not allowed to work before 6 a.m. or after 6 p.m. Males who have attained the age of 16
years can work at night between 6 p.m. and 10 p.m. in or about the business of a hotel, restaurant or place ofentertainment.
G. The Minimum Wages (Indian Labour) Ordinance No. 27 of 1927
Minimum age of work according to this ordinance is 14 years.

XI. CONCLUSION
A. Issues and Challenges
I.
Due to 30 years of war, a small percentage of the society still has a criminal mentality.
II.
As a result of 30 years of war, illegal weapons still peregrinate the society.
III. Inadequate advanced technical equipment
IV. Investigators having lack of knowledge & foreign exposure
V.
Technology issues
VI. Unethical behaviour of the media
B. Suggestions
I.
To improve knowledge of advanced investigations
II.
Update technology
III. Resources
IV. Stakeholders
V.
Open DNA labs island-wide
VI. Open Government Analysis department branches island-wide
VII. Easily available hand phone details facilities
VIII. Media support
References The Children and Young Persons Ordinance No. 48 of 1939
 The Adoption of Children Ordinance No. 24 of 1941.
 The Tsunami (Special Provisions) Act 2005
 The Employment of Women Young Persons andChildren (Amendment) Act No. 8 of 2003
 The Factories Ordinance No. 45 of 1942 The Shop and Office Employees Act No. 19 of 1954
 The Minimum Wages (Indian Labour) Ordinance No. 27 of 1927
 www.police.lk
 www.un.org/en/documents/index.shtml
 Sri Lanka Constitution
 Inspector General of Police administration books 2016
 “Sunday newspaper, On 5 November 2017”164

EASY ACCESS TO JUSTICE FOR ALL INCLUDING VULNERABLEPERSONS IN MALDIVES
Hassan Haneef＊

I. INTRODUCTION
Access to justice is vital when it comes to human rights. Every person, be it child or adult, both men andwomen, has the right to have their voices heard and acknowledged. In a perfect justice system, everyone
should be impartial and non-discriminatory against others and practice integrity and hold people who arewrong accountable. They should have a system implemented, where everyone can easily have access to legal
awareness, legal aid, legal protection etc. While the developed countries have these kinds of highly
functioning systems in place, they still face major obstacles when it comes to providing justice. Therefore, it isno surprise that Maldives, a country which is scattered in its geographical form, finds it difficult to provide aperfect justice system to all.
A. Current Situation
The legal and justice sector of the Maldives has undergone a number of changes over the last decades;
however, it is still in its transitional stage with a bright future. Several UN conventions such the Convention
on the Rights of the Child (CRC), the Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW), the Beijing Rules etc. have been injected into the legal system and embraced by all. This
was the stepping stone for the start of introducing other laws and regulations which helped the generalpublic, especially vulnerable groups to gain easy access to justice.
The general public of the Maldives had a low level of trust and respect for law enforcement, thegovernment and the judiciary in the past. But due to the introduction of the laws and regulations which camefrom signing the above-mentioned conventions, people started becoming more aware of their rights and how
to get the justice needed.
B. Access to Justice for Children and Women
1. Laws and Regulations
With the ratification of the CRC in 1990, Maldives implemented law 9/91 “Law on the protection of therights of the child”, which gave children several rights that protected them from abuse and negligence.
Regulation 6.1, “Regulation on conducting trials, investigations and sentencing fairly for offences committed
by minors”, was brought into existence in 2006 in adherence to law 9/91, in order to maintain the fairness ininvestigations and trials against minors. This law prevented any kind of discrimination or injustice that may
face the minor during investigation or trial. In 2009, Act 12/2009, “Special Provisions Act to deal with Child
Sex Abuse Offenders”, was instigated, making it much easier for law enforcement and the judiciary to attainjustice for children.
When CEDAW was signed, it freed most women from the discriminations of the society. Most of the time,the main reasons that women are denied justice is due to discrimination based on Maldivian culture and social
beliefs. In the past women did not have the right to vote nor did they have the right to work or hold equal
positions and pay as men. For example, before CEDAW, women faced a lot of sexual harassment anddiscrimination within the workplace, which was not taken seriously, and they did not have a support systemor a way of legally getting justice for these kinds of crimes. With the ratification of CEDAW by Maldives,
these matters were addressed and women now have a good legal system to fight for their rights.
A lot of domestic violence cases did not get reported in the past due to the lack of confidence in the＊

Superintendent of Police, Maldives Police Service, Republic of Maldives.

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governmental and judicial systemsʼ ability to provide them justice by seeing them as victims and also due tothe fact it is often a hidden issue, where the victim silently lives in humiliation and indignity. Introducing theruling of the “Domestic Violence Act” (Act No. 3/2012) gave a lot of women hope especially for those who
were trapped in domestic violence situations. As the Act clearly and categorically identified domestic
violence as a criminal offence1, the implementation of this act changed the social perspective towards thissensitive issue. As a result, statistics show an increasing number of domestic violence cases lodged by women2.
2. Legal Bodies and Referral Systems
Maldives consists of 1,190 islands, segmented into 20 atolls3 and each of these atolls consists of more than
one Police Station and a Family and Child Service Centre (FCSE) which deals with child protection. The
presence of these agencies in the islands provides easy access to justice to all and brings about a swift
triumph, eradicating the mentality that people living in rural areas of Maldives do not have access to justice.
NGOs such as Hope for Women, the Society for Health Education (SHE), Advocating the Rights of theChild (ARC), the Maldives Association of Physical Disables (MAPD) make it easier for vulnerable groups toattain justice within the society.
The current child referral system set in place by the Maldives Police Service, the Ministry of Law and
Gender and the Ministry of Education, ensures that every child who suffers any kind of abuse and neglect
does not seep through unnoticed. A reporting application “AHAN” and call center “1412” (established in May
2017)4 are a few of the measures which were introduced in order to make it easier for the general public toreport violence against children anonymously, thus making sure that even abuse from a family member,teacher, neighbour or a person in a position of trust does not go unreported.
Up to 2016, the referral system of domestic violence cases was maintained manually. And due to this there
were delays in attending the cases and completing the investigation. However, in early 2016, a databasenamed the “Geveshi Portal” was launched which eliminated the manual paperwork, and ensured that swift
reporting was done throughout the chain. This portal is mostly useful for reporting domestic violence cases
from the islands. The portal can be accessed through the Police Information Management System (PIMS) of
the Maldives Police Service and is linked to the Ministry of Law and Gender and Family Protection
Authorityʼs system.
In order to properly manage the records of children as victims, the Maldives Child Protection Database
was implemented on 20 June 2010 and the use of it was started by the Maldives Police Service, the Juvenile
Justice Unit and the Ministry of Law and Gender. This database was later integrated with PIMS, where when
the data is entered into the PIMS system, all the information are automatically transferred into the MCPD,
making the process convenient for investigation officers who deal with cases relating to child abuse, juvenile
offending and domestic violence. The main aim of implementing this database is to provide a platform for all
stakeholders to work together to collect data for future use.
C. Legal Aid
Criminal Cases: The government is required to provide legal aid to defendants who cannot afford alawyer. However, there are only a few lawyers on the roster of availability, and the government provides
them only minimal compensation per case.
Victim Support: There are currently limited services for survivors of domestic violence, sexual and otherabuse. The Victim Support Unit of the Maldives Police Service, the Family Legal Clinic by Hope for Womenand SHE are among the few.
Public Outreach, Education and Legal Information: Even though Internet access is widely available, it is
not used by people to access information about laws and procedures. Legal information initiatives are needed
to reach the public.
(The Domestic Violence Act, 2012)
Family and Child Protection Department, Domestic Violence Statistics 2012, 2013, 2014, 2015, 2016
3
(Country meters, 2016)
4(UNICEF, 2017)
1
2

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D. Effective Measures to Provide Legal Information to the General Public
Awareness sessions are conducted every year by different agencies regarding laws and regulations that
relate to them. Over the past two years, the Maldives Police Service, in collaboration with relevant
stakeholders, has conducted awareness sessions throughout Maldives, reaching out to approximately 13,2215
individuals of different ages. The sessions conducted consisted of legal information on different types of cases.
Even with all the measures to ensure a smooth system, Maldives still faces many challenges such as:Lack of cooperation between stakeholders. Due to this, the MCPD and “Geveshi Portal” are not used
to their full potential;There are no safe houses provided for vulnerable victims above the age of 18. FPA is mandated with
providing a safe house to the victim, but due to lack of resources and funding, this has not yet beenpossible. Currently, the victim remains under police protection until another family member or aperson that the victim trusts comes to collect her;Social, cultural and religious beliefs;

Lack of awareness of legal rights and options, especially among vulnerable groups;



Close-minded people mostly in the islands;

Lack of resources and funding.

II. UNDERLYING PROBLEMS A sobering reality is that cases such as domestic violence rarely reach the prosecution stage
following investigation. One of the biggest challenges for prosecution is that victims of abuse often
retract their statements after lodging complaints. This normally happens due to lack of family
support, family pressure, sensitivity to associated social stigma, economic dependency on the
predator, fear of reprisal as well as lack of confidence in the available protection services; When cases are reported to the justice system, victims are not always treated with gendersensitivity, including access to legal advice and health care; Few perpetrators of gender-based violence are convicted for their offences; Domestic violence and sexual abuse against children are significantly underreported to the justicesystem; Shortage of recourse to experienced workers to deal with emerging issues such as commercial
sexual exploitation, online exploitation etc. As a result, this leads to issues getting out of hand andnot being able to deliver justice to the victims;
 Geographical inaccessibility of needed legal support and services. Given that all the lawyers reside in
the capital Maleʼ, it poses problems for those living in the islands to access the services of legal
counsel. This raises the problem of the lack of standards for lawyers;
 Sometimes too many referrals are made, such that an individual loses interest or feels defeated.

III. RECOMMENDATIONS
The current situation indicates that there is room for change and the following recommendations can betaken into consideration in order to improve the current system.

5

Family and Child Protection Department, Public Awareness Statistics 2015, 2016.

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 To establish policing and the processes and procedures of the criminal justice system that are
gender sensitive and take into account social and cultural difficulties in bringing such cases to theattention of the authorities;
 Ongoing professional development of police, investigators, prosecutors and judges and related
professionals such as hospital staff and staff in key administrative centres in the atolls;
 Ensuring that the penal code adequately addresses issues of concern to women and children; Encouraging support for adequate public and private funding for legal aid and other legal services
programmes that serve low-income and vulnerable clients, ensuring a strong and effective legal aid
delivery system, giving all Maldivians meaningful access to justice; Conducting collaborative inter-agency awareness sessions that involve the general public;
 Conducting support programmes for different targeted groups of victims (low, medium, high risk); A mandate for lawyers to provide pro bono services is needed, and a regulated system to monitor
the timeline between detention, request for a lawyer, and legal representation. Awareness raisingand follow-up training regarding rights to legal aid would benefit both the public and the police.
 Roster of Lawyers: establish a system of compulsory pro bono legal services.

168

PUBLIC PARTICIPATION IN ADJUDICATION IN THAILAND
Peerapong Pareerurk＊

I. INTRODUCTION
The judicial power is an integral part of state sovereignty, separated from the legislative and theexecutive power. Exercise of the judicial power shall be in accordance with the rule of law. Under section 3 of
the Constitution of the Kingdom of Thailand B.E. 2560 (A.D. 2017), “Sovereign power belongs to the Thai
people. The King as Head of State shall exercise such power through the National Assembly, the Council of
Ministers and the Courts in accordance with the provisions of this Constitution. The National Assembly, theCouncil of Ministers, Courts, Independent Organs and State agencies shall perform duties in accordance with
the Constitution, laws and the rule of law for the common good of the nation and the happiness of the public atlarge”. Therefore, a judge must adjudicate any cases in reliance on the rule of law. Generally speaking, a judge
shall consistently comprehend the equal protection of law and equality before the law. Moreover, the court
must allow the public access to fair trials and to be able to bring up any evidence to prove oneʼs innocence.
The verdict of the court must be effective, fast and fair. Consequently, it is essential that all rights andfreedoms of each individual are protected by laws. As such, each individual must have a chance to participate
in the process of judgement to the fullest possible extent as long as it does not negatively impact theindependent discretion of the judge.

II. PUBLIC PARTICIPATION IN ADJUDICATION UNDER THE
CONSTITUTION OF THE KINGDOM OF THAILAND
Unfortunately, the latest constitution of Thailand, the Constitution of the Kingdom of Thailand, B.E. 2560
(A.D. 2017), does not clearly address public participation in the justice procedure. Section 77 reads that “...theState should also undertake to ensure that the public has convenient access to the laws and are able tounderstand them easily in order to correctly comply with the laws...”. This section provides contradiction to
the Constitution of the Kingdom of Thailand, B. E. 2550 (A. D. 2007), under which it is explicitly stated in
section 81 that “The State shall act in compliance with the law and justice policies for ensuring the compliancewith, and the enforcement of, the law to be correct, quick, fair and thorough, enhancing the provision of legal
assistance and knowledge to the public, providing an efficient public service system and other State affairs in
relation to the administration of justice with due regard to the participation of the public and the profession
organizations, and providing legal aid service to the public.” In the writerʼ s point of view, the state shallstatutorily uphold the alternative of public participation in the administration of justice in order to protect
their rights and freedoms.

III. CURRENT FORMS OF PUBLIC PARTICIPATION IN ADJUDICATION IN
THAILAND
A. Witnesses in Court
The ability of a witness to give testimony in any judicial setting or to cooperate with legal investigations
without fear of intimidation or reprisal is essential to maintaining the rule of law. This considers a general
duty of a civilian to act as a witness in court because all nations have a common goal of creating peacefulsocieties. If the person witnessing the offences refuses to testify to such circumstance in court, the facts ofsuch incident will not be determined by the court. In the end, the offender will not be punished.

＊

Judge of the Phuket Provincial Court, Office of Judiciary of Thailand.

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B. Court Mediators
Several years ago, a mediation programme was established in every court of first instance in Thailand.
This programme was designed to be separated from the hearing process. If the mediation is notaccomplished, the mediation dockets are not attached to trial dockets. Furthermore, mediation is conductedin a conference room, not a courtroom, in order to provide an appropriate atmosphere for definitive
mediation. Additionally, in the first hearing session, parties may agree to use the mediation programme and,upon agreement, a designated judge of the case will refer the case to the mediation centre conducted by amediator who shall not be a judge. The law provides that people have an opportunity to become a mediator in
the court according to the President of the Supreme Court Regulation on Mediation B.E. 2554 (A.D 2011) of
which article 51 stipulates that an applicant to become a mediator shall have the following qualifications andshall not have the following prohibited characteristics:(1) be at least thirty years of age;(2) be a graduate student with at least a bachelorʼs degree and a minimum of five years of work
experience and has experience in various branches of work that will benefit mediation for not less thanten years;(3) be a trainee in a technical course or mediation procedure administered by the Office of the Judiciary;(4) having experience in mediation work in the court or in the Dispute Resolution Office, Office of the
Judiciary, of not less than ten cases;(5) be ready to devote time to performing the duties of a mediator;(6) not being morally impaired;(7) not being in an occupation or profession or conducting any business which may affect acting as acompromise advisor or may be disgraceful to the honour of the institute of justice;(8) not being insolvent;(9) not be a person who has been determined by the court to be an incompetent or quasi-incompetentperson;(10) not being a person who has been sentenced by a final judgment to imprisonment, except if the offence
is committed negligently or is a petty offence.
There are many advantages when the mediator is selected from among people who are not judges, suchas having different professional experience which may match the case and can help to find the true needs ofparties rather than the judge, who has many limitations. It also gives people more opportunities to participate
in the justice process.
C. Lay Judges in the Special Court
Only special courts in Thailand require lay judges to be denominated in a judicial committee thereof.
Examples of special courts are the Juvenile and Family Court, Labor Court, and Intellectual Property andInternational Trade Court. Lay judges are people who have been selected by the Office of the Judiciarythrough written examination and interview. They have the power to jointly consider any relative cases withthe judge. In court proceedings of juvenile cases, the lay judges will jointly consider criminal cases in which
juvenile offenders are accused of crimes, and in the civil cases or family cases in which juveniles haveinterests involved. Moreover, lay judges are responsible for providing rehabilitation for violent children andjuveniles. But, the current law does not require the presence of a lay judge in the normal criminal case inwhich the defendant is 18 years old or older.

IV. THE PROBLEMS OF PUBLIC PARTICIPATION IN THE JUDICIARY IN
THAILAND
A. Implementation of a Jury System for Criminal Cases
The jury is composed of people who have been selected to hear testimony in court to determine whether
the defendant committed an offence. This system is often used in countries where the common law system isused. However, in Japan, the jury system has been adapted in the form of saiban-in, who are citizens selectedto participate as judges in trials for certain severe crimes1. In the writerʼs opinion, public participation incriminal cases is important. However, nowadays, there is no legal support for the use of the jury system in1

https://en.wikipedia.org/wiki/Lay_judges_in_Japan, accessed 6 Nov. 2017.

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168TH INTERNATIONAL SENIOR SEMINARPARTICIPANTSʼ PAPERS

criminal cases of Thailand. It is considered an arduous task to establish the jury system in Thailand so far as
most people in Thailand are not well educated on the hearing of evidence and criminal proceedings which
may affect rights and freedoms of people. Also, an escalation of corruption in Thailand has become more
problematic. Additionally, most people are likely to perceive the case with bias created from social media andtheir own experiences or personalities. Those factors are the main obstacles for setting up the jury system inThailand.2
B. Appointment of Thai Judges
The recruitment of judges in Thailand is conducted through a proper examination, and they are selectedfrom qualified candidates. The qualifications of academic excellence, capacity and experiences of candidates
are statutorily specified by the Judicial Commission. There is less room for the citizen to participate in judge
recruitment because there is no statue imposing the law related to the participation of the citizen. Practically,
when a candidate passes the examination, a list of candidates will be announced to the public and any
individual can oppose such concerned candidate. Nowadays, people in Thailand have raised concerns over theparticipation of public verification during the process of judge recruitment. This is because some judgements
made by previous judges were thought to be unacceptable by certain groups of people. This issue still
becomes more challenging for the court of justice to find the means to reach a compromise between theparticipation of citizens in the appointment of judges and the independence of the judicial power.3
C. Lack of Knowledge
With the fact that the greater part of people lack knowledge on public participation related to crime
prevention and criminal justice, the public involvement in the judicial system, as a result, seems inconceivable.
Due to the foregoing reason, accessibility to the judicial system is limited to certain groups of people. Without
strengthening of public verification, this will result in the corruption of relevant officers.

V. RECOMMENDATIONS ON THE NOTION OF PUBLIC PARTICIPATION IN
ADJUDICATION
A. Establishment of a Lay Judge or Jury System in Thailand
It is recommended that Thailand draw attention to the lay judge or the jury system and consider whether
such a system should be applicable to the criminal procedure of Thailand. Generally, in many countries, thelay judge or the jury system is adopted because this system creates trust and righteousness to the public and,most importantly, participation of the public in the trial process of the judiciary itself promotes publicconfidence. Additionally, this is a democratic notion. The application of the jury system will give more
opportunity to explore an external jury which may possess experiences different than a judge. To sum up, theestablishment of a jury system would be better than reliance on the mere decision of the judges.
B. Right of the Public to Interpret the Laws
The right to interpret the laws belongs to the public especially in relation to the criminal law as it governs
appropriate behaviour of not only individuals but also the society. To avoid criminal punishment, it is the dutyof everyone to promote awareness of the existence of laws and the details thereof. If the Criminal Code is able
to be properly and legally interpreted, the interpreter will easily become aware of criminal offences andprevent any violations of laws. In any circumstances, a court shall not construe any laws beyond its context
and the spirit of the law, specifically, when criminal enforcement is involved.
C. Knowledge Relating to Public Participation
Certain people are not able to access justice because of their lack of knowledge related to the laws and thejustice procedure. It is necessary to encourage people to participate in the justice process and to redesign thejustice system. Nurturing public goodwill by actively participating in the dissemination of knowledge on thelegal and justice system, as well as creating tools for equal access to justice, is something the state should take
into account.

Study report by the cooperation between the Office of the Judiciary and Chicago - Kent College of Law, Illinois Institute ofTechnology, United States, during 7-14 June 2016. (http://www.jti.coj.go.th/doc/data/jti/jti_1478490903.pdf) accessed 5 Nov.
2017.
3
Ibid.
2

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D. Promoting a Community Justice System
A community justice system is an optional form of justice administration which generates reliance of thecommunity on criminal surveillance and also enhances public empathy when there is involvement of society.
This system can relieve congestion of prisons, enhance the role of the community to protect the rights ofoffenders and create an understanding among offenders, victims and communities. Community justice is one
channel that is used to create a mechanism for the public to participate in and monitor the work of police
officers, prosecutors, attorneys, and court institutions, which will result in benefits to the nation. In addition,
this system reduces the risk of reoffending which will reduce the number of lawsuits going to court.
E. Participation in the Recruitment Process of Judges
It is recommended that there should be systematic research on how the people in Thailand think of therecent working procedure of judges, how considerable the participation in judge recruitment is expected be,
and to what extent the public should be required to take part in the recruitment process of judges.
F. Tools for Public Participation
There should be tools for public participation during the court procedure. For example, in anenvironmental lawsuit which is affecting a great number of people, it appears that there are not many people
who possess adequate knowledge. The state should assist the people in hiring attorneys and technical experts
for finding and verifying evidence, finding for environmental litigation, and exemption of the court fee. Evenin Thailand there are some agencies that support legal aid in environmental cases such as the LawyerʼsCouncil, the Office of the Human Rights Commission, the Department of Protection of Rights and Freedoms,
and the Ministry of Justice. However, because of a limitation imposed on the number of lawyers and experts,
budget troubles, and lack of potential development, the protection of people in such environmental cases is
not as good as it should be.

VI. CONCLUSION
To have a more effective criminal justice system which is compliant with the rule of law, Thailand should
begin to reform it legal system in order to increase public participation in adjudication and to create trust in
the justice system by reintroducing the lay judge or the jury system in criminal cases. The victim and witness
protection programmes need to be strengthened. The state should create tools to assist public participation in
adjudication, including community justice, which is one channel through which the public can participate.

172

REPORTS OF THE SEMINARGROUP 1LAW-RELATED EDUCATION CONTRIBUTING TO PEACEFUL AND
INCLUSIVE SOCIETIES
Rapporteur: Mr. Ahmed Risha (Palestine)
Co-Rapporteur: Mr. Abdelkader Taybi (Morocco)
Chairperson
Co-Chairperson
Members

Adviser

Ms. Kattiya RATANADILOKMr. Susumu HONDA
Mr. Mark Palus YANGEN
Mr. Yukio OKUDA
Mr. Maung MYINT
Mr. Sanjeewa Manojtih DHARMARATNA
Mr. Testuya WAKABAYASHI
Ms. Ho Yee Elis LEUNG
Prof. Nozomu HIRANO(Thailand)(Japan)(Papua New Guinea)(Japan)(Myanmar)(Sri Lanka)(Japan)(Hong Kong)(UNAFEI)

Table of Contents:
Page No.
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II. Law-Related Education for Teachers ㌀
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III. Law-Related Education for Students ㌀
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A. Primary Education㌀
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B. Secondary Education ㌀
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C. Tertiary Education ㌀
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IV. Law-Related Education for Community Leaders㌀
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V. Law-Related Education for the General Public㌀
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I. INTRODUCTION
The rule of law ensures that the laws are applied fairly and equally to all members and segments ofsociety, and in so doing ensures the protection of human rights. However, there are still many jurisdictions
worldwide in which their citizens are largely unfamiliar with criminal justice policy and/or having significant
difficulties with respect to access to justice, in particular for vulnerable groups. New policies and measures
are urgently needed so that the general public becomes aware of their rights, the process through which
individuals can vindicate their rights and the way to access the justice system.
In fact, the need for improvement in terms of policymaking and practices to promote the rule of law withmutual cooperation among state agencies and the general public has been consistently recognized by the
Crime Prevention and Criminal Justice Programme of the United Nations. The Eleventh UN Congress on
Crime Prevention and Criminal Justice in 2005 adopted the Bangkok Declaration1, which recognizes the roleof individuals and groups outside the public sector, such as civil society, non-governmental organizations andcommunity-based organizations, in contributing to the prevention of and the fight against crime andterrorism, and encourages measures to strengthen this role within the rule of law (Paragraph 9).
The Twelfth Congress in 2010 adopted the Salvador Declaration2 which recognizes the importance ofstrengthening public-private partnerships in preventing and countering crime in all its forms andmanifestations (Paragraph 34). In 2015 the United Nations General Assembly adopted the 2030 Agenda for
Sustainable Development3 which stipulated the promotion of peaceful and inclusive societies (Goal 16), the“The Bangkok Declaration on synergies and responses: strategic alliances in crime prevention and criminal justice”, A/CONF.
203/18, chap. I, resolution 1.
2“The Salvador Declaration on comprehensive strategies for global challenges: crime prevention and criminal justice systems
and their development in a changing world”, Economic and Social Council resolution 2010/18, annex.
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rule of law at both the national and the international levels and ensured equal access to justice for all (16.3),
including responsive, inclusive, participatory and representative decision-making at all levels (16.7), as well as
encouraging effective public-private and civil society partnerships (17. 17). Accordingly, inclusion of thegeneral public and community organizations is attracting attention as an important issue to enhance the ruleof law in the field of crime prevention and criminal justice.
With reference to the contemporary policies and measures which focus on inclusion and empowerment of
the general public and communities to enhance the rule of law, this paper will focus on the strategies andimplementation of law-related education contributing to peaceful and inclusive societies. It is believed that
law-related education is a fundamental aspect among all approaches, because without a firm understanding of
the purpose of the law and its obligations, members of the general public will not be able to follow the law orvindicate their rights, they will not comprehend the procedures for accessing the justice system orparticipating in it. Therefore, promoting law-related education among people is a key element in deepening
their understanding about human rights, the rule of law and the values behind them4. Hence, it is a must forcommon people and society in general to develop a culture of lawfulness which consists mainly in respecting
the law and believing in its justness and fairness. In this respect, this paper will tackle the issue of law-related
education and the various strategies and actors contributing to its incorporation within the school curriculum,
which are divided among four categories of targeted audiences, namely school educators/teachers, students,
community leaders and the general public. The following table illustrates the information that will bepresented in this paper on who, why, what, how, and by whom law-related education should be promoted
such that it will lead to a peaceful and inclusive society.
Who

Teacher

Students

Why

What

・Close to student
・Messenger
・Access to a
lot of target
groups at one
time

・Rule of law based on
developmental stage
and level of understanding
・Human rights
・Purposes of Law related education(Knowledge, Attitude,
Practices (Skills))
・Culture of lawfulness

・Citizens of
the future
・Young andamenable

・The importance ofobserving laws andrules
・The Constitution andthe basic principles oflaw・Considering legal issues and making fairHow

By whom・Training in
University(for newteachers)
・Teachertraining college (PNG)

・Ministry of Justice・Ministry of Education
・Legal professionals
・Prosecutors offices
・Probation offices (including volunteer probation officers)
・Juvenile training
schools・Police・Learning
programme
・Teacherʼsguidance

・Ministry of Justice・Ministry of Education
・Legal and educational
professions“Transforming our world: the 2030 Agenda for Sustainable Development”, General Assembly resolution 70/1
The Convention on the Rights of the Child recognizes the right of the child to education (Article 28), and stipulates that theeducation of the child shall be directed to the development of respect for human rights and fundamental freedoms (Article 29).
The “United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines, General Assembly
resolution 45/112, annex)” focus on education as a measure to prevent juvenile delinquency and provide that young persons andtheir families should be informed about the law and their rights and responsibilities under the law (Article 23). The Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography stipulates
that States Parties shall promote awareness among the public at large, including children, through information by all
appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to thepresent Protocol (Article 9). The Thirteenth UN Congress on Crime Prevention and Criminal Justice in 2015 adopted the Doha
Declaration (“The Doha Declaration on integrating crime prevention and criminal justice into the wider United Nations agenda
to address social and economic challenges and to promote the rule of law at the national and international levels, and public
participation”, Economic and Social Council resolution 2015/19, annex), which emphasizes that education for all children andyouth is fundamental to the prevention of crime and corruption and to the promotion of a culture of lawfulness that supports therule of law and human rights while respecting cultural identities (Paragraph 7).
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judgements based onsolid grounds

Community
leaders

GeneralPublic・Multiplier(Key persons)・Respected bycitizens

・Reintegrate・Origin・Contents and necessity of public education

・Flyers
・Brochures
・Visiting experts
・Community
visits・Lectures

・Police・Legal professionals
・Courts
・Juvenile training
schools
・Probation offices

・Moral, Rule of Law

・Media・Community
visits・Lay judges
・Increasing interest, acquiringknowledge,
participating
in society

・Police・Legal professionals
・Courts
・Juvenile training
schools
・Probation offices (including volunteer probation officers)
・stakeholders

II. LAW-RELATED EDUCATION FOR TEACHERS
As mentioned previously, education is one of the most important sources of change in society, and it canbe used to raise the level of awareness, science and culture, and change negative ways of thinking. Education
is an essential factor which contributes to the development of human personality and the advancement ofsociety.
In order to have the basic rule of law, and since we wish to establish a society in which the spirit oftolerance, justice and brotherhood prevails, the society has to be based on the rule of law, away from violence,taking the right by hand, rebellion and other uncivilized and illegal ways, which we do not wish to prevail in
any society in the absence of the rule of law.
Many international conventions and declarations have stipulated that basic education must be provided to
all groups within the society to eliminate illiteracy and disseminate knowledge, awareness and culture. To
begin with, we must first ensure the availability of everything necessary to develop the society through thedevelopment of the abilities of students, teachers and trainers alike. There are many opportunities andchallenges to improve both the scope and quality of education. The question that could be raised here is how
can we ensure that quality educational experiences are accessible to all members of society?
“The availability of a good educational system means that schools, institutes and universities must have agood learning structure and can teach students and children and that the key role of the learning andeducation structure has become, at the present time, more complex. However, there are other parties toassume responsibilities for the development of education.”
Education is an essential pillar which contributes to the development of human personality and theadvancement of society. and thatʼs why we need capable tutors to send the right message as a messenger,delivering the wanted message to as many students as possible.
In order to obtain the proper legal aid, it is necessary to consult the specialists. It should be noted thatteachers are qualified to teach students, while the jurists are specialists in their field and they know many
details. In order to achieve a successful education and to reach the desired result, these two matters must be
properly integrated in order to obtain inputs and outputs as desired. For example, if we want the newgeneration to build knowledge and science based on the rule of law and knowledge of the basic legal culture,
which distracts attention from the most important points, at first we must know where to begin and withwhom we shall start, taking into account the age, and some of the common societal and cultural backgrounds
in each community separately, with the aim of reaching the maximum level of legal and culture awareness175

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based on respect for human rights norms and the rule of law through knowing to whom and how.
Firstly, teachers must familiarize themselves with the basic rules in this matter on the one hand and, on
the other hand, apply this with the students through what they know and have learned. For example, if weare to begin with teachers, as they will be in direct contact with the students, we should train specialized
trainers; or in the event it is not possible to train teachers to give a valid legal culture based on the abovementioned rule of law and respect for human rights, to emphasize what is mentioned in the international
treaties, covenants and charters in a clear and direct manner, without addressing the legal complexities. The
first objective is to obtain basic legal knowledge in a manner that is free from the complexity and details
which may distract the attention from the main objective. At the same time, it is important to receive
feedback on a regular or semi-regular basis to ensure their access to the desired information and tounderstand whether they obtained the necessary basic knowledge. This may be achieved throughcorrespondence or periodic meetings as necessary.

III. LAW-RELATED EDUCATION FOR STUDENTS
There has been a general consensus on the necessity of including law-related education within the
primary, secondary and tertiary curricula; notwithstanding the difficulty of the process of incorporating lawrelated education into the course outline, given the needed cooperation and interaction between theconcerned sectors such as law enforcement, the media, community leaders and academics. On another scale,law-related education courses should consider the studentsʼ ages and educational levels in each stage;
students should be endowed with the appropriate education each according to their level of thinking so thatthey can easily comprehend the rule of law. As we all agree that it is easy to teach new concepts to children
as they are young and receptive compared to adults, educating the youth is crucial for socialization andmaking them familiar with the important ways of living as to develop the foundation of the culture of
lawfulness. Most importantly, the students are our future generation. Accordingly, law-related education
should be exclusively centred on three major stages: primary, secondary and tertiary education.
A. Primary School
In primary school, students are mostly compliant to their teachers; hence teaching them about theimportance of laws in their lives and society in general is an easy task. However, teachers should focus only
on the basic principles of law such as abiding by the rules in school, at home and in the streets with theirfriends and family relatives, keeping promises, the value of partnership, and adhering to morals and laws
imposed by the relevant authorities. The employment of cartoon-like animated drawings and posters hung inschool hallways, walls, libraries and classrooms is intended to teach the students about laws and customs
sometimes as humorous comments depicting scenes about common crimes in society.
B. Secondary School
Secondary school students, nevertheless, reveal more maturity in their recognition and perception of laws
and social order. Therefore, emphasis should be laid on more tangible segments of law so that they trust in
the fairness and justness of the law: e. g., introducing the concept of the rule of law to them could beconsidered as a fresh start to appreciate the rule of law and the role it plays in conserving the rights andliberties of people. In this course, students will be able to understand the notion of the rule of law and its
importance in the improvement of their lives in particular and the common good of society in general.
Junior high curriculum should contain lessons about corruption, common crime and organized crime.
Students will explore how corruption and organized crime threaten peoplesʼ interests and society in general.
They may be asked to explain the negative effects of corruption on people, society and the laws.5 To this end,
the teacher invites law-based activities to school in partnership with the concerned actors, e.g., interscholastic
mock trials and engaging law enforcement in sensitizing students about common crimes such as stealing.

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Fostering The Rule Of Law And A Culture Of Lawfulness : Teacherʼs Guide

CULTURE OF LAWFULNESS. On the importance of the lesson: this curriculum has always emphasized the necessity of
supporting the rule of law and the existence of threats to the rule of law. This lesson looks at how corruption undermines therule of law and ultimately the quality of life for all citizens., 112

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C. Tertiary School
Tertiary school students are higher-level thinking and have already developed a standpoint regarding theneed for the rule of law in maintaining peoplesʼ lives and protecting their rights; therefore, the school should
consider introducing them to the culture of lawfulness course. Students will broaden their understanding andknowledge about the culture of lawfulness and will develop strategies with which to address problems andother rule-breaking actions in society6. Consequently, students will act as effective contributors to the processof the prevention of crime and corruption as adopted by the 2015 Doha Declaration which “emphasize[s] that
education for all children and youth, including the eradication of illiteracy, is fundamental to the prevention ofcrime and corruption and to the promotion of a culture of lawfulness that supports the rule of law and humanrights”.7

IV. LAW-RELATED EDUCATION FOR COMMUNITY LEADERS
One of the greatest threats to law-related education is if stakeholders do not show any kind of interest in
this system, or in other words a lack of interest concerning law-related education and the necessity ofawareness of social participation. In order to start promoting this system, it is important to use community
leaders, like celebrities, religious leaders, VPOs (volunteer probation officers, like in Japan), police officers,
artists, politicians, village leaders and other well-known people who are respected in the society to promote
this kind of new legal culture. By educating community leaders on the law, they can disseminate thatknowledge to the members of the community around them, since their leadership is accepted by the public.
Therefore, relevant messages will be passed to the society effectively, and it will enhance the peaceful andinclusive nature of the society. Police, legal professionals, corrections professionals, such as experts from thejuvenile training schools and probation offices, may take part in providing the knowledge and understandingof the rule of law to community leaders.
First, the fundamental purpose of law-related education is to encourage the understanding that it isnecessary to cooperatively build a society where citizens and local communities can live safely and securely.
The second point is to proactively provide and share information about specific concrete measures of lawrelated education. The third point is to treat all contact points with citizens and local communities asopportunities for law-related education in a broad sense and to further expand the network based on relatedorganizations and private sector collaborators.
To elaborate more on the mechanism of what and how to educate community leaders on law, thefollowing example is illustrative. In Sri Lanka, village leaders, who are selected by the community membersin the each village, will be provided with law-related education by the police. Sri Lanka has 25 administrative
districts and 14,022 villages. Each village there has a community policing committee, and villagers themselves
select and appoint 25 law-abiding, knowledgeable persons as their leaders for a certain period of time. They
are the people who coordinate matters with the police and other institutions on behalf of the entire village.
Those community leaders do voluntary work and generally they meet once a month at an area police
station or other convenient place. The police officer assigned to the particular village convenes thecommunity policing committee. In that meeting, village leaders update the police officer regarding thesituation of the village, and the police officer takes that opportunity to educate them on basic law and otherlaws pertaining to that village. For instance, if there is an increase of narcotic addiction, the police officer
educates the community leaders on the narcotics law and advises the community leaders to disseminate thatknowledge in order to prevent crime. By doing so community leaders as well as the general public feel that
Ibid., vi.
The Thirteenth United Nations Congress on Crime Prevention and Criminal Justice-Doha 2015 on the integration of crime
prevention and social justice into the wider United Nations agenda to address the social and economic challenges andstrengthen the rule of law. Electronic Reference: http://undocs.org/ar/E/RES/2015/19.
Which emphasized: a. To create a safe, positive and secure learning environment in schools, supported by the community,
including by protecting children from all forms of violence, harassment, bullying, sexual abuse and drug abuse, in accordancewith domestic laws, b. To integrate crime prevention, criminal justice and other rule-of-law aspects into our domestic
educational systems, c. To integrate crime prevention and criminal justice strategies into all relevant social and economic
policies and programs, in particular those affecting youth, with a special emphasis on programs focused on increasing
educational and employment opportunities for youth and young adults, d. To provide access to education for all, including
technical and professional skills, as well as to promote lifelong learning skills for all.
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they are part and parcel of the legal system and encourage themselves to pursue more legal education andjoin hands with the police to ensure peaceful and inclusive society.

V. LAW-RELATED EDUCATION FOR THE GENERAL PUBLIC
In order to ensure the sustainable development of the society, efforts to contribute to peaceful andinclusive societies must not only be implemented by the government or a specific and limited number oforganizations. It is important that citizens and the entire community participate and organize these activities
in order to prevent crime and to form a better society based on the rule of law and regulations and to
facilitate the successful reintegration of the offenders into society. The general public must be involved in the
law-related education by making them contribute to society by participating in the legal field. For example, inJapan, the judiciary (district court) holds guided observation of trials for the public. In some district courts,
this event is co-hosted by judges, prosecutors and lawyers. An instance of the event is as follows. At first, ajudge, a prosecutor and a lawyer explain their activities in the criminal justice system and criminal trials.
Then, the participants observe a trial. After that, a judge explains the saiban-in (lay judge) system, and thenthe participants have the opportunity to ask questions of or clarify their understanding with the judge, theprosecutor and the lawyer to obtain legal literacy.
In Japan, the saiban-in system was introduced in May 2009. In saiban-in trials, generally speaking, a panel
is made up of three professional judges and six lay judges. They decide not only facts but also sentence those
who are convicted. Thus, the general public themselves participate in real criminal trials and they develop a
deep understanding of the law, the judiciary, criminal procedure and so forth. Complementary to above, theSupreme Court of Japan made videos concerning the saiban-in system to enhance public awareness of andinterest in the system.8
Among the other methods followed is the necessity to establish or conclude agreements with theministries of education in most countries in order to cooperate between legal institutions, such as thememorandum of understanding signed by the Palestinian Minister of Education and Higher Education, Dr.
Sabri Sidem and the Attorney General, Dr. Ahmad Barrak. This MOU is aimed at promoting sustainableaction for the protection of children from the risk of delinquency9.
There is no doubt that cooperation among the various institutions and concerned authorities contributes
greatly to the promotion of legal culture and raising the required legal awareness, especially in the field of therule of law and human rights and the knowledge of each partyʼs rights and legal duties.

89

The video is available on the website of the Japanese judiciary (http://www.saibanin.courts.go.jp/news/video.html)
Source: official website of the Public Palestinian Prosecution, http://www.pgp.ps/ar/

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To reach out to the general public and ensure the information pertaining to the rule of law is disseminatedto every household, mass media is an indispensable means to broadly publicize the messages to the vast
majority of the general public. Some common platforms for mass media are newspapers, magazines, radio,
television, and the Internet. Deriving from the experience of various countries and regions in terms of theusage of mass media for law-related education, we will discuss some effective strategies and tactics of usingmass media for law-related education for the general public in the following paragraphs.
While television and radio broadcasts enable information to be spread out quickly and extensively, theairtime is always limited and expensive. Thus, the authorities responsible for the law-related education
campaign should strategically select the most significant messages to be put through with mass media so as
to maximize the impact with the time and cost constraints. In many countries and regions, law enforcement
agencies create an Announcement in the Public Interest (API) to disseminate the message to households andcommunity education messages to the public. An example is an API entitled “Do You See It”10] produced by
the Independent Commission Against Corruption (ICAC), Hong Kong in 2015. Simple and impactful images
were used in the TV advertisement to call for citizensʼ action to report corruption whenever they see it.
Other online and offline platforms, such as e-games at popular websites and printed posters bearing the same
key visuals and images, were launched at the same time to create synergy effects so that the message to“report corruption” was reinforced.
Increased use is being made of the Internet to get across publicity messages. Among all, a trend that
nobody could have neglected is the extensive use of social media. Digital advancement has enabled us tomake use of social media platforms to engage the public instantly. From the Hong Kong experience, the ICAC
maintains social media pages on Facebook, Instagram and Weibo. A dedicated team of staff is responsible forthe production of videos, games and quizzes on these social platforms, such as its “All for Integrity” Facebook
page11, to promote the anti-corruption work of the Commission in an interesting manner. For example,
recently in 2017, a series of “true man shows” featuring a group of young artists who worked as interns in the10
11

The API “Do You See It” - http://www.ichannel.icac.hk/player/html5.html?s=icac&v=en/ichannel/api/2015_see.mp4“All for Integrity” Facebook page - https://www.facebook.com/allforintegrity/

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Commission were produced and uploaded onto social media. The videos feature the daily work ofinvestigators, including investigation procedures, to increase the transparency of the ICAC and enhance
public understanding on how the law is enforced impartially without fear or favour. Apart from content
development, an important feature of social media is they enable interaction between users. Social media
platforms allow us not only to post messages, in the format of texts, photos and videos, but also
instantaneously get feedback from our target groups. Therefore, social media are powerful means to gauge
the view of the general public. Administrators of these social platforms could suitably make use of theopportunities to interact with users and dispel any misunderstanding and misconceptions wherever
appropriate.
To ensure messages pertaining to the rule of law are effectively put through to the general public,
experience around the globe proves that the deployment of icons, such as cartoon characters, could moreeasily arouse the attention of the target audience. For example, in Japan, the Ministry of Justice created theicon “Hogo-chan,” a cartoon penguin that is a mascot for the promotion of offender rehabilitation. The ICAC
created “Gee-Dor-Dor”, a cartoon rabbit with all the good virtues to teach positive values to kids; and an icon
“iSir” with a professional yet light-hearted image to serve as the spokesman of the Commission to drive homeanti-graft messages.

VI. CHALLENGES AND RECOMMENDATIONS
Promotion of law-related education may not be an easy task and there will be certain challenges. In thefollowing paragraphs, we will present some of the challenges and then provide some recommendations torectify those issues.
A. Teachers
There are two groups of teachers. One being teachers who are already in the school system and function
as a teacher, and the other is college and/or university students who want to become teachers.
1) The most challenging tasks for current teachers are insufficient legal literacy and limitation of time.
Teachers are often asked to respond to many requests from the related organizations such as the
Ministry of Justice, Ministry of Public Health, and other NGOs that want to reach their students. In
addition, the attempts for related organizations in promoting the rule of law were not unified. In thiscase, the curriculum would need to be well organized and systematized by interagency cooperation
between legal professionals, the department of probation, the department of corrections, and theministry of education to make it more time and resource efficient for the serving teachers. Also, theschool administration should allow extra hours for the teachers who are working currently to attend
training and workshops provided for them. Since there are often limited numbers of teachers who
have a basic understanding of the subject. To be able to disseminate the knowledge and skill vastly andquickly, it may be best to conduct the Training for Trainers sessions.
2) The problem that is usually related to human resources development is the budget. The government
must make law-related education a priority and provide sufficient funding to the teacher development
programmes to ensure quality and quantity of the training. Another possible solution would be toobtain cooperation from international development agencies such as USAID, the EU, UNICEF or
GOJUST. These organizations could play important roles in providing financial and technical support
to capacity-building of teachers.
3) For new teachers, new curricula would need to be installed into the current education programmes forthe new teachers. The curricula should be created by a committee that consists of related agencies
and individuals such as the MOJ, the MOE, the Ministry of Home Affairs (Myanmar), the Ministry of
Law and Order (Sri Lanka), the Ministry of Internal Affairs (Palestine), academic and legal andeducational experts in the fields. The curricula then should be submitted to the MOE to then add themto the national mandate for the new teachers. In Japan, a committee under the MOJ makes
recommendations to the MOE to modify law-related-education curricula. Papua New Guinea, however,has an education board that is under the MOE.
B. Students
Often times it is a challenge to motivate children to be interested in the subject of the rule of law. It is
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important to make sure that the lesson that would be given to them is age and developmentally appropriate(please refer to the Law-related Education Table in Annex 1 to see a sample of the developmental stages thatshould be included in the curricula). In addition, the materials used to introduce the information to thestudents would need to be interesting. In this case, cooperation with the private sector is recommended. The
final but very crucial point in this regard is teachersʼ abilities to deliver the knowledge and skills to thestudent. As explained in the recommendation for teachers, solutions may be found. Another challenge is thegovernmentʼs lack of emphasis towards providing sufficient law-related education for students. This could be
solved if the Ministry of Justice and Ministry of Education propose to the government to make law-related
education compulsory for all students.
C. Community Leaders
Community leaders are usually not interested in the topic of law-related education. This may becontributed to by the lack of understanding of the relationship between law-related education and thepeacefulness and prosperity of their communities. However, we might not be able to educate everyone at first
due to constraints of the budget and time, but we could recruit the leaders who may have interest in the topic
and have them participate in dissemination of the information and knowledge to other leaders and people intheir own communities. To maintain the level of participation, incentives (giving them certificates ofrecognition, allowances, uniforms, name tags, etc.) may be provided for the leaders who participate in the
promotion of law-related education. In some countries religious leaders play very important roles in leading
the community. If they are skeptical about law-related education, it could be an obstacle to the disseminationof the idea. To solve this issue, they should be enlightened as to the importance of law-related education andshould be invited to participate in the community work to develop the culture of lawfulness.
D. General Public
Similar to community leaders, the general public share the challenge in not being interested in the subjectof the rule of law. Something that could help enhance the interest of the general public is the improvement of
the Ministry of Justiceʼs public relations efforts. By providing information including crime statistics, causes ofcrime, and how can they be helpful in preventing crimes, such as by becoming VPOs or other types ofvolunteer work that is easy to understand, could help increase public interest in law-related education. In
Japan, there are koban (police boxes) in every community. The police can play an important role in public
relations by creating interest among the public in law-related education. Just like in Myanmar, police could
conduct public meetings in villages to create better understanding of the rule of law. Media can be used toraise public awareness of the importance of the rule of law through advertisements, short films, comics,
flyers, etc.

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GROUP 2
ACCESS TO JUSTICE FOR ALL IN THE CRIMINAL JUSTICE SYSTEM
Rapporteur: Ms. Helen Vagivaro Roalakona (Papua New Guinea)
Co-Rapporteur: Mr. Samuel Miranda Arruda (Brazil)
Chairperson
Co-Chairperson
Members

Adviser

Ms. Pattraporn Pommanuchatip
Mr. Tra Vincent NʼGuessan
Mr. Tsutsumi Yasushi
Mr. Khee Simeuang
Mr. Mohamed Fazeen
Ms. Mahamuni Kumari Magliyan Abeyratne
Mr. Uekusa Taro
Professor Ayuko Watanabe(Thailand)(Cote dʼIvoire)(Japan)(Lao PDR)(Maldives)(Sri Lanka)(Japan)(UNAFEI)

I. INTRODUCTION
On September 25, 2015, world leaders from 193 countries met in Doha, Qatar for the United Nations
Summit to discuss a set of new goals which built on the Millennium Development Goals and complete what
they did not achieve. The countries adopted 17 objectives to end poverty, protect the planet and ensure
prosperity for all as part of a new sustainable development agenda.1 Included in the 17 goals2 was goal 16 on“Peace, Justice and Strong Institutions”.
Goal 16 of the Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive
societies for sustainable development, the provision of access to justice for all, and building effective,
accountable and inclusive institutions at all levels. Under Goal 16, objective 16. 3 sets out one target to“Promote the rule of law at the national and international levels and ensure equal access to justice for all.”As part of UNAFEIʼs 168th International Senior Seminar, the participants were allocated into groups todiscuss particular topics under the overall theme of Enhancing the Rule of Law in the Field of Crime
Prevention and Criminal Justice. In this discussion paper, the group was assigned the topic of “Easy access tojustice for all, including vulnerable persons”.
A. Understanding the Definition of Access to JusticeThe groupʼs consensus was that the discussion would be focused on access to justice for victims of crime
and the public. Here when we refer to the “public”, it is to those who may be affected by crimes that may nothave a specific victim, such as tax fraud and corruption cases. So the group settled on the overall topic of“Access to Justice for All in the Criminal Justice System from the Perspective of the Victim”.
How does a member of the public or a victim report a crime? What is the process to arrest theperpetrator? What are the institutions involved in the criminal justice system? What is easy access to thecriminal justice system?
The group had defined access to justice to include the victim reporting a complaint to the law
enforcement and the law enforcement officials giving out information. Justice is to put things back in theprevious state to the extent possible. For the purpose of criminal justice it is to punish the accused andimportantly to offer a remedy to the victim. From a police investigatorʼs perspective, what victims want isrecovery but most have the expectation for the police to catch and arrest the offender.
www.un.org/sustainabledevelopment/sustainable-development-goals/
Sustainable Development Goals - No poverty; Zero hunger; Good health and well-being; Quality education; Gender equality;
Clean water and Sanitation; Affordable and clean energy; Decent work and Economic growth; Industry, Innovation andInfrastructure; Reduced Inequalities; Sustainable Cities and Communities; Responsible Consumption and Production; Climate
Action; Life below water; Peace, Justice and Strong Institutions and Partnerships for the Goals.
1
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When we refer to the criminal justice system, we refer to the police, prosecution, the judiciary, probationand corrections.
B. Why is It Necessary for the Public to Have Access to Justice?
Modern societies have avoided violence as a way of dispute resolution by establishing a judicial system
based on an independent judicial power that will decide the questions submitted to it according to thelegislation and the evidence provided by the parties. In order to settle its conflicts and disputes through thisrational procedure, the citizens must have the power, the ability and the means to take their issues to the
Courts.
In the field of criminal law in which the acts are more seriously threatening and affect the society, accessto justice is especially relevant. Indeed, victims have suffered the burdens of the criminal act and depend
upon the courts to punish their aggressors and to receive compensation for their losses.
Although generally granted in the various constitutions and national legislation, this right to access the
judicial system must be ensured by the governments through practical measures that materialize the formal
right. If the general population is deprived of this fundamental right ‒ be it by financial, material or legal
reasons ‒ it may need to resort to force to satisfy its needs or simply renounce them.
Access to justice is the beginning of a process that will lead to subsequent investigation and eventual
victim support. Having basic information of the criminal justice system will enable a person to make better
informed decisions, understand the process of identifying wrongs committed against him or her and finding a
remedy. The criminal justice system exists to address those breaches and provide a form of punishment to
the wrongdoer. In the absence of access to justice, people are unable to have their voices heard, exercise theirrights, or challenge discrimination.3
The rule of law is rendered meaningless if the general public is unaware of their rights, unaware of theprocess through which groups and individuals can vindicate their rights and has insufficient access to thejustice system. Therefore, understanding and participation of the general public is required.
The General Assembly of the United Nations approved in December 2012 a resolution adopting theUnited Nations Principles and Guidelines on Access to Legal Aid in the Criminal Justice System. According to
Principle 4, “without prejudice to or inconsistency with the rights of the accused, States should, whereappropriate, provide legal aid to victims of crime”.
Considering that many countries still lack the resources and capacity to provide legal aid, the resolution
encourages the States to “recognize and encourage the contribution of lawyersʼ associations, universities, civilsociety and other groups and institutions in providing legal aid” and to establish public-private and otherforms of partnership to extend the reach of legal aid.
Guideline 9 refers to the implementation of the right of women to access legal aid and encourages theStates to introduce an active policy of incorporating a gender perspective into all policies, law, procedures,programmes and practices relating to aid to ensure gender equality and equal and fair access to justice.
Access to justice is recognised as a global challenge; hence its significance being captured in the United
Nations Sustainable Development Goals. It is true to say that crime affects prosperity both at the national andinternational levels, and therefore it is necessary to be addressed in taking steps to achieve the SDGs.

II. CURRENT SITUATION IN PARTICIPATING COUNTRIES
A. Brazil
The Brazilian Constitution ensures the right to access to justice whenever someone has been affected in
his/her rights. However, this formal constitutional provision does not solve the problem by itself.

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Victims are an especially vulnerable group. Unfortunately, the Brazilian criminal process and its main
participants still see the victim as someone who will provide evidence and help the conviction of the
defendant. Recent changes in criminal procedure, however, made it easier for the repayment for losses,
damages or expenses that result from a crime.
In Brazil there is a national public institution, the public legal defence, which provides legal support to all.
However, not all cities have public legal defence offices and even where there are, in some cases, they stilllack the structure and the number of lawyers required to provide legal assistance to the general population.
In the places where there is a shortage of means, priority is given to poor defendants.
B. Cote dʼIvoire
The Ivoirian government, along with the United States of America, has identified that judicial reform iscentral to the reconstruction process of the criminal justice system. This has resulted in the ProJusticeproject. The goal of this project is to make the justice sector more effective, accessible and equitable througha robust training programme targeting key actors in the justice sector, equipment support and infrastructure
rehabilitation. The focus of this project is to improve the existing justice system and facilitate access to justice
by strengthening legal aid resources and creating a broad information campaign to help public understandingof the judicial system. The project also provides for and upgrades infrastructure and equipment to increase
the effectiveness and output of specialists working in the judicial sector. There are judicial officials known as
Gendarmerie who use motor bikes to go to rural areas and assist the community with law enforcement. In
Cote dʼIvoire to address the issue of access to justice, with the assistance of JICA, a call centre or hotline was
set up. There is also the use of brochures such as Allo Justice.
C. JapanJapan has comprehensive systems that enable access to justice for its citizens. It introduced newlegislation to promote and facilitate access to justice for their people including establishing the Japan Legal
System Center (JLSC). It provides legal aid services and a support system to the victim from investigation
through prosecution and trial. The JLSC is based on the goal to realize a society where legal information andservices are accessible anywhere in the country.
The public prosecutorsʼ office provides victim support to reduce trauma and bad experiences of children.
The measure of victim support has been introduced through various materials such as brochures placed at
public offices. It also has in place a victim notification system by which the victims are informed about thecase. The Victim Notification System provides such information as the disposition of the case, the outcome of
the trial, treatment of the perpetrators in prison and the time of their release to the extent possible.
It also has the Koban system, which is a police box located in the communities where police officers workon shifts. This makes it easier for the public to have access to the police. Japan also has a strong law-related
education programme which is included in the school curriculums where children are taught rules and thelegal system.
D. Lao PDR
The Ministry of Justice in partnership with the Asia Foundation have established three legal aid clinics
located in Oudomxai (north), Vientiane (central) and Champasak (south). These clinics focus on providing legal
aid to poor and vulnerable people, especially women, children, and minority populations.
There is training of citizens to become paralegal resource people within their communities. These
volunteers operate as mobile paralegal units, which, in collaboration with the Bar Association, are currently
undertaking community legal education activities across eight provinces. The LBA has produced several
easy to understand brochures and posters on legal aid and legal education that were disseminated widely,
including to villagers, judges, prosecutors, and the police. Village Mediation Units operate under the auspicesof the Ministry of Justice and are designed to address conflicts at the community level through negotiationand the law.
E. Maldives
The Maldives Constitution clearly states that every citizen must have equal rights and equal access tojustice. The Child Protection Act and the Domestic Violence Act protect the rights of the children and
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women who are most vulnerable. Free Medical treatment and counselling to victims is mandatory. But as asmall island nation and due to geographical situations, access to justice and medical facilities to people livingon remote islands is a huge challenge.
Another challenge is the lack of awareness of the people living in these communities. To tackle these
problems crime prevention committees are established in every atoll and crime reporting measures are madeaccessible through different means, such as through the use of hotline numbers, email, by messaging, lettersetc. Currently, crime prevention committees are established in every atoll. The members of the committee
are elected from the public. They work together with law enforcement agencies to prevent crime by carryingout awareness programmes on the islands targeting the children, parents and the general public. Anothergood practice is door-to-door policing. Police officers carry out door-to-door activities on remote islands. By
visiting homes, the police are able to get feedback from the public and take measures to improve the system.
F. Papua New Guinea
Access to justice services are still a challenge in Papua New Guinea. The Constitution provides for theright to the protection of the law but this mainly applies to those arrested and charged with criminal offences.
There is no specific legislation on access to criminal justice. The police have a significant role in access tojustice but suffer the challenges of manpower and lack of resources. Hence the establishment of a community
police system in the villages. The Courts through the Chief Justice in the last three years have embarked on a
mission of bringing the courts to the people and promoting legal awareness through court circuit sittings in
the districts. The judges, prosecutor, public solicitor and police officers would go on circuit to the district leveland deal with cases from that district, giving the people an opportunity to see the criminal justice system inaction.
G. Sri Lanka
The Sri Lanka Constitution defines the right to access to justice for all. The legal aid system in Sri Lanka
is governed by the Legal Aid Act No 22 of 1979 which provides:
&
&
&
&
&
&
&

Establishment of the legal aid commission
Grants of assistance to deserving persons
Branches for legal aid set up island wide
Set up a legal aid branch in every magistrate/district court (judicial zone)
Legal aid officers appear for litigants in all courts
Poor aggrieved parties have access to guidance, legal representation, both civil and criminal
Accused have free legal representation in high courts

Most people go to the police, and they have built up trust among the community. There is a 24-hour
hotline (119) which the public may access. Community policy committees have been established in 14,022
villages; however, police stations lack facilities for women and child protection bureaus. A National Child
Protection Authority has already been established. There is law-related education for the children, which isstill primitive and may not be effective in the long term. Law-related education should be implemented in theschools initiated by the Japanese government and which are intended for a long-term basis.
H. Thailand
Access to justice is a fundamental right guaranteed by the constitution as well as the rights to freecompulsory education of which the curriculum covers legal education. However, for those in remote areas,
the limit of education due to communication and transportation especially for the ethnic minority,
misunderstanding of criminal justice, lack of resources and lower income are obstacles to access to justice, as
well as gender and issues impacting vulnerable groups.
The right to legal aid has been recognized on a non-discriminatory basis as well as the rights to remedies
for victims from defendants and public funds. Victims have rights to be informed. Legal education and legal
aid, facilities, infrastructure, budget, resources as well as the contribution of each part of the society are allnecessary to ensure the fair, humane and efficient justice system on both the national and international levels.

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III. CHALLENGES OF ACCESS TO CRIMINAL JUSTICE
The group had identified the following as challenges of access to justice by the public.
A. Access to Police Stations and Facilities
The location of a police station is a challenge for the public. Some police stations are not conveniently
located for rural areas and the environment in the station either in the urban or rural areas can be stressful
or hostile. Further there may not be proper interview rooms, for example, rooms to record a child witnessʼsstatement or to interview a juvenile offender.
B. Legal Expenses for the Victim.
Legal advice and representation does not come cheap for most victims. Most people who need suchservices are mainly those who do not have the financial capacity to pay for it. Though most countries havethe government-sponsored legal aid clinics or public solicitorsʼ offices, they may not be located nationwide andhave a lack of manpower to meet the demands.
C. Inefficiency and Lack of Trust in the Criminal Justice System
Some people have had bad experiences with the police in that they were not treated well by the officers or
their cases were not handled well. In addition, there remains a general public perception of the inefficienciesof the criminal justice system.
Some police officers are not very friendly. In some countries, the public do not have a lot of trust in thepolice so sometimes they go straight to the public prosecutor or worse they do not report at all.
There is secondary victimization when people have to go to the police station, the public prosecutorʼs
office or the courts and have to tell too many officers their story or are treated disrespectfully. This leaves anuncomfortable feeling for the victims.
D. Lack of Information of the Prosecution, Judgement and Sentence
One of the challenges the group discussed was the lack of information for the victims of crime. For
instance once the complaint of a crime is made and the case is ready for prosecution, the victims are notaware or informed until the trial date. They may not have any say in how the case is handled and sometimes
are never informed of the outcome of the case. If the offender is found not guilty, they are also not informed or
it may not have been explained why the offender was released. If the offender is sentenced, the victims are
not informed about the length of the sentence and the date of release for the offender.
E. Cooperation between Criminal Justice Agencies and Other Professions
Another challenge identified is the absence of a mechanism between different professions and criminal
justice agencies. This may occur where a complaint of abuse is made by a child to either a teacher or childconsultant; or when a medical doctor through medical examination finds out that the person may be subject
to abuse but may not report because of this.
F. Information or Knowledge about the Criminal Justice System
The insufficiency of the information and knowledge about the criminal justice system is a challenge inachieving equal access to justice for the public. From the different countriesʼ discussions on the challenges intheir respective countries, there is a recurring issue of the lack of basic information about the criminal justicesystem. Law-related or moral and civic education is not compulsory in the education system for mostcountries4.
G. Attitude and Community Pressure
There are some countries where there is community pressure not to report a crime especially where thesuspect may be a prominent person in the community. Sometimes it is because the victim is afraid of thesuspect because either there is fear of, or threats from, the suspect. In cases which involve fraud or
corruption-related complaints, people may refuse to lodge a complaint or report the matter to the police

4

Except in Japan, Thailand, Cote dʼIvoire where law-related or moral and civic education is compulsory.

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because of political reasons or job security. There could also be out of court settlements in some cases and so
there is pressure to not report to the formal system because the matter has been settled out of court. Not
having the proper information or access to justice may leave a lot of unreported crimes and silent victims.
H. Access to Justice is Not a Priority
Access to justice is a topic that many in leadership may not consider to be a high priority because it does
not give immediate results in election campaigns or winning of votes as opposed to health or education. On
the other hand, policymakers may not view the subject as a priority. Hence no emphasis is placed on access tojustice and allocation of resources.

IV. EXAMPLES OF GOOD PRACTICE
The good practices that the group identified that may be useful in addressing the issue of access to justicefor all may be in the form of long-term plans and legislative effects on access to justice. In some countries, theconstitution or national legislation may have provisions providing for access to justice while others have none.
A. Women only Police Stations
The group identified the use of women only police stations in Brazil as a good practice for addressing thebarriers to access to justice for women and children in reporting crimes. Every city in Brazil that has morethan 100,000 inhabitants has at least 1 women only police station. All cases from these police stations go to a
specialized court, which also has specialized prosecutors. All officers at these police stations are female police
officers and have specialized officers such as psychologists or social workers. It has made a huge impact inthat more women are coming out to report and are treated well unlike before when they were not treated
well. In fact, this example of women only police stations would be consistent with Guideline 9 of the United
Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.
B. Legal Support Centres for Victims
The Japanese Legal Support Centre provides information concerning the legal system, such as procedures
to participate in the criminal proceedings as the victim of crime or to recover damages and reduce pain andsuffering5.
C. Forensic Interviewing
Another good practice used in Japan is forensic interviewing, which is an approach in interviewing thataims to elicit factual information from child witnesses or child victims without leading or biasing a child. This
practice is used in Japan and Thailand as a form of interviewing using open-ended questions and getting thechild to give his or her statement in relation to the crime. This interview is recorded on a DVD so it may be
used in the prosecution of the case. It is intended to reduce the mental stress on the child in having to repeat
his or her story so many times to too many people.
D. Information Brochures
Another simple practice of providing basic information which was considered a good practice and whichis still effective is having brochures or pamphlets with information about access to justice. One example is abrochure prepared by the Japanese police providing information on human trafficking with a hotline number.
These are simple but effective methods of disseminating information on the criminal justice system and how
one can access the system.
E. Legal Aid Clinics
The establishment of legal aid clinics or clinic juridique as in the example of Lao PDR and Cote dʼIvoire
where people can go for basic information about the law and also where they can then be referred to theappropriate criminal justice agency or other legal organization that may adequately assist them.
The Office of Civil Rights Protection and Legal Aid of the Attorney General in Thailand may provide afree litigator called a volunteer lawyer. Access of justice also extends to the availability of dispute settlement,
since the public prosecutorʼs office of Civil Rights Protection and Legal Aid performs free mediation services

5Japan Legal Support Centre, July 2014.

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upon the request of members of the public on a voluntary basis.
Another good example that may be practical is legal aid by the office of the attorney general including theprovision of advice to those who walk-in to the office, by telephone, letter, facsimile, email, or by publicprosecutors who travel to rural areas and set up a contact centre in a municipal office which can direct thepeople by paying a visit to provide legal knowledge or have the municipal staff direct the people in need ofassistance to the public prosecutorʼs office by Skype or by driving them to the prosecutorʼs office.
F. Law-related Education
In Japan, law-related education is promoted and is implemented at all levels of the educational system.
This is a good practice that has encouraged the development of the culture of lawfulness, hence contributing
to make Japan one of the safest countries in the world. In Thailand the Office of the Attorney General has
regularly conducted the training for empowerment of the public and to promote responsible civil society
conducted in cooperation with the education sector, i.e., schools and universities.
G. Participation of Civil Society
In Thailand, the private sector such as the Thai Women Lawyer Association provides free legal advisory
services to people as well as shelter for short-term stays of women in emergency cases.
H. Alternative Dispute Resolution
The Thai government supports restorative justice and alternative dispute settlement, especiallymediation. Public prosecutors conduct training on mediation to build capacity of the heads of villages
throughout the country so that they can understand and mediate the disputes at the first stage. In the large
scale or criminal-related offences, they can refer the case for mediation by the prosecutors including for
mitigating the cases.

V. RECOMMENDATIONS
After having considered the significance, the challenges and some good practices in some of theparticipating countries of access to justice, the group considered that access to justice is vital to the criminal
justice system and the rule of law.
The following recommendations were suggested in response to the challenges:
A. Access to Police Stations and Facilities& Improving the location and facilities of the police stations by bringing them to the communities, e.g.,
establishing community policing in villages and rural areas.
& Improving methods of reporting crimes by the public through the use of the internet, telephone
hotlines or other channels and keeping confidentiality when necessary.
& Establishing women only police stations for domestic violence cases.
B. Legal Expenses for the Victim
Expanding the use of legal aid and legal support centres for victims.
C. Inefficiency and Lack of Trust in the Criminal Justice System& Increase and improve the training of criminal justice agents including forensic interviewing in orderto enable them to deal with victims of sexual crimes, children and vulnerable people.
& To have internal supervision of the cases and conduct of officials to maintain good public relations
with people who interact with the criminal justice system.
& Create manuals or standard operating procedures and follow-up training for police officers on thosemanuals.
& Getting regular feedback from victims/complainants after the completion of the case on (a measure189

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of access to justice/quality of service provided) capturing the service of the different agencies in thesystem, e.g., feedback boxes or forms, email or websites.
&

Improving the efficiency of the system by declining and suspending criminal cases after proper
assessment and informing the complainant.

&Establishing an Independent Integrity Commission that could be another avenue for the victims or
the public to raise complaints and review the conduct of officers within the criminal justice agencies.
The Commission could comprise members from the private sector, attorneys, academia andgovernment officials.

D. Lack of Information of Prosecution, Judgement and Sentences& Establishing a Victim Notification Mechanism to improve efficiency in the response and confidence
in the criminal justice system.
&

Improving the efficiency of the system by declining and suspending criminal cases after proper
assessment and informing the complainant.

&Getting regular feedback from victims/complainants after the completion of the case on (a measureof access to justice/quality of service provided) capturing the service of the different agencies in thesystem, e.g., feedback boxes or forms, email or websites.

E. Cooperation between Criminal Justice Agencies and Other Professions
By establishing networks/frameworks and channels of communication between criminal justice agencies
and relevant professionals.
F. Information and Knowledge of the Criminal Justice System
Promoting the work of the police and the criminal justice system through campaigns, the use of the media
and distributions of informative materials, brochures, pamphlets, posters etc. to the public and placing thesematerials in public places.
G. Attitude and Community Pressure& Improving methods of reporting crimes by the public through the use of the internet, telephone
hotlines or other channels and keeping confidentiality when necessary.
&

Promoting legal education both in schools and communities.

H. Access to Justice is Not a Priority
By using marketing strategies to promote the importance of access to justice for all in accordance with
the international standards and norms, including by identifying the organization responsible for the
implementation of the SDGs and working in coordination to promote access to justice.

VI. CONCLUSION
Access to criminal justice by the public is fundamental to the rule of law. The current situation in each of
the participantsʼ countries exemplifies the limitations and difficulties for victims in accessing the criminal
justice system. The challenges include the lack of legal education; the infrastructure of criminal justiceagencies; inefficiency and lack of trust in the criminal justice system; attitude and community pressure overthe victims; poverty; and lack of political priority. In order to overcome these challenges, good practices wereobserved in the participantsʼ countries that may be generally adopted. Based on these good practices,
recommendations were made to facilitate access of victims to the criminal justice system. To implement
these recommendations, it is necessary to secure budgets that are based on effective data analysis and proper
record management.

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GROUP 3

COMMUNITY-BASED DISPUTE RESOLUTION
Rapporteur: Ms. Marina AVANCENA (Philippines)
Co-Rapporteur: Mr. Terry LUI (Papua New Guinea)
Mr. Agus Akhyudi MANGKUADININGRAT (Indonesia)

Chairperson
Co-Chairperson
Members

AdviserMr. Yasushi KATADA(Japan)Mr. Hassan HANEEF(Maldives)
Mr. Handapangoda Don Lushan Thusith Mudalige (Sri Lanka)
Mr. Tsulthrim DORJI(Bhutan)Mr. Peerapong PAREERURK(Thailand)
Mr. Takashi SHIONOYA(Japan)Ms. Fumiko AKASHI(UNAFEI)

I. INTRODUCTION
There would be no opposition to the thought that one of the major objectives of our criminal justicesystem is to prevent crime in accordance with rule of law (Sustainable Development Goal 16.3). Our formal
criminal justice system would be listed at the top of the options because those specialized organizations, suchas the police, prosecutorsʼ offices, courts, correctional facilities and probation offices, operate under statutory
laws by duly appointed public servants. These organizations are supposed to be competent in crime
prevention. Under such systems, a typical example of public participation is the jury system. Among
participating countries, Japan has adopted a lay-judge system, through which the sound common sense ofordinary citizens is introduced into the legal system to curb the adverse effects of excessive expertise andabuse of power; also, citizens who have served as lay judges bring their experiences back to the communityand enhance the publicʼs understanding of the legal culture.
However, proper management of such entities is nothing more than a means and not the purpose. In
addition, the formal judicial system in general is expensive, time-consuming and not necessarily familiar withthe actual situations in which crimes are committed. These issues are even more important for countries
which are challenged by underdeveloped economies, geographical remoteness and diversified cultures.
Considering these factors, the group has chosen “Community-Based Dispute Resolution” (hereinafterreferred to as “CBDR”)̶through which members of the community participate in the criminal justice system
in a broad sense̶as the main topic, believing in its significance and importance; to effectively prevent crimeby an approach incorporating the community; to improve access to justice and to enhance rule of law by
providing fair, prompt and inexpensive means of dispute resolution; and to maintain peace and harmony inthe community based on its diversified culture, etc.
It also should be mentioned that the group found it challenging to establish a detailed and specificdefinition of CBDR, mainly because of the difference and diversity in the legal systems and practices among
the participantsʼ jurisdictions. However, bearing in mind the above-mentioned significance and importance of
CBDR, the group tried to identify the practices of each participantʼs jurisdiction and found common issues:
how to enhance CBDR; how to guarantee fairness through CBDR; and how to ensure the performance ofobligations agreed to through CBDR. This report summarizes the practices of CBDR and the discussions
based on the above-mentioned issues.

II. OVERVIEW OF CBDR IN THE PARTICIPANTSʼ COUNTRIESAs mentioned above, the group accumulated its examples of CBDR in each participantʼs country as thebasic materials for its further discussions.

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A. Bhutan
Community-based dispute resolution has existed in Bhutan for a long time and is still in practice. In the
Bhutanese context it is known as nangdrik, which means settling disputes and cases in the community byelders without going to court. However, there were some instances where certain heinous cases also weresettled mutually by community elders. Later with codifying the law, such process was to be stopped, but due
to mountainous terrain it was difficult for the people to go to court to settle the case, which proved expensive.
To ease these burdens, the judiciary allowed the practice of community-based dispute resolution to continue,
but there is a restriction that the serious cases cannot be settled at the community level. People are all aware
about the system and are happy. They report the case to police and the police screen the case and allow themto settle the minor cases amicably at the community level.
The challenges faced in Bhutan are the lack of sufficient numbers of judges and prosecutors; hence all
people who want to avail themselves of the service are deprived. Moreover, there are not many students
interested in law since they are not taught in the elementary school. Only a few understand that the law isimportant and those ex-judgesʼ children opt for law. Therefore, it is very difficult to have many judges. Somejudges retire early and establish their own law firms which are lucrative at this juncture. Therefore, settlingcases in the court takes a long time, which people do not like. Most people prefer resolving the case amicably
without going to court. Moreover, there is no law college in the country for students who want to pursue law
at their own expense, and they cannot go outside the country to study due to financial constraints. A law
college has to be established in the country to solve the above-mentioned challenges. If a law college isestablished in the country, the current situation can be partly solved, and the rule of law can be enhanced.
More legal awareness has to be promoted in the schools, which will create enthusiasm in the minds ofstudents.
B. Indonesia
In Indonesia, especially in criminal cases, CBDR is not available in criminal cases. Only in civil cases isthere an opportunity to settle the dispute using CBDR or mediation as we know it. Because in Indonesia thereis the principle of legality (nullum delictum nulla poena sine praevia lege poenali) through the criminal codeand the principle of codification, any criminal act must be processed based on Indonesiaʼs written law bycriminal procedural law. This challenge hinders the promotion of CBDR as an alternative option to avoid
formal proceedings or trial by court, and the only remedy is the amendment of the criminal code and thecriminal procedural law.
C. Japan
There is no CBDR system in the criminal procedure in Japan; however, it is possible for the parties tomake civil reconciliation. Because civil negotiation is not decided statutorily, civil reconciliation can be held at
any time and there is no limitation on those involved. Although the parties can also use the courtʼs civil
mediation system, the process is relatively time consuming. The mediator is selected from the private sector.
Criminal liability is separated from civil liablility. So even if civil reconciliation is concluded, the criminal
procedure does not end immediately. It can be a factor that reduces criminal responsibility. Although thepolice will send cases to the prosecutor once the investigation is started, the prosecutor will not prosecute
those cases if mediation is concluded in minor cases.
D. Maldives
In Maldives, CBDR has not been effectively in place due to the countryʼs ongoing legal reforms. Presently,
a threshold issue in the Maldives is legal aid and numerous problems faced by citizens in obtaining competentand affordable legal representation due to high demand. However, many efforts have been taken to improvethe criminal justice system. Disputes are handled predominantly on an intra-family basis or with theintervention of the Island Council or senior members of the community. In both rural and urban areas, police
play a vital role in dispute resolution and guiding the public. In minor cases, the police try to solve thedisputes by negotiation. If the matter is not resolved, investigation continues; if there is reasonable evidence,the case is sent to the Prosecutor Generalʼs Office for prosecution. In children- and family-related cases, after
analysis, depending on the magnitude of the case, the case is sent back to the police for mediation. For
juvenile cases, the court uses guidelines for mediation, in which case conferences are held for both pretrial
cases and convicted cases. The agencies included are the police, prosecutors, correctional, juvenile justice unit
case workers, family and gender case workers, and the Ministry of Education.

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E. Papua New Guinea
Village Court Mediation in the PNG context is a customary way of resolving disputes and maintains peaceand harmony in communities. Community leaders have a responsibility to maintain peace and harmony incommunities. They use CBDR to mediate civil cases and in criminal cases. PNG law does not allow mediationof criminal cases, but local communities resort to mediation, especially in sensational cases, for the sole
purpose of maintaining peace and harmony in communities. This does not, however, necessarily exempt theaccused party from criminal liability; hence payment of compensation is taken into account as a mitigating
factor in criminal proceedings. Cultural diversity and geography are major challenges. Clans or tribes
compose their so-called community and each community has its own culture; therefore, it is almost impossible
to come up with just one procedure to be adopted by all without encountering much resistance from thelocals themselves. People from remote areas cannot easily access the regular courts, so they resort to themediation process in the village courts. Good practices in PNG in regard to CBDR are as follows: socialpressure from the community on the defendant to meet the agreed terms of settlement, so assistance issought from tribes, clans in settling terms agreed upon during mediation. Community, clan or tribal
contribution in settling disputes enables stronger communities in deterring crimes.
F. Philippines
In the Philippines, the Barangay Justice System is mandated by Republic Act No. 7160 or the Local
Government Code of 1991 as a community-based mechanism for dispute resolution. The system has anestablished procedure that covers all issues that may arise in the administration of CBDR and all necessary
forms were provided for proper recording of complaints, serving summons, observance of the period ofsettlement of disputes and other related procedures. There are some indigenous tribes mostly in the northernand southern part of the country who have their own customary traditions regarding conflict resolution in
their respective communities; however, the law on the Barangay Justice System (BJS) provides that incommunities that have distinct traditional practices in settling disputes, the customs and traditions of theindigenous cultural communities shall be applied. Thus, settling disputes through their Councils of Elders arerecognized and followed with the same force and effect as the procedure in the BJS. It is also noteworthy tomention that there is an annual search for outstanding Lupong Tagapayapa or Lupon (Barangay PeaceCouncil). Aside from the distinct honour, the chosen outstanding Lupon will be given the Presidential
Commendation and a cash prize. This awards system is a strong motivation to all Barangay Lupon to performtheir best.
G. Sri Lanka
In Sri Lanka mediation is governed by procedural law and is available for both criminal and civil matters
but with limitations. Minor criminal cases such as injury and mischief where the sentence is less than one
year necessarily should go to mediation. Minor civil claims of less than 25,000 rupees, too, should undergo thesame process. The original court has jurisdiction to try these cases only if the mediation process fails. Legal
representation is not permitted. The mediation is attempted by three mediators. Two of them are selected byboth parties, and the leader is selected by those two. Mediation is not available in matters where the state is aparty or in proceedings instituted by the Attorney General.
H. Thailand
Thailand attaches great importance to public participation in the settlement of disputes in the society.
One form of CBDR in Thailand is the mediation process. The implementation of the mediation system aims tocreate fairness in the society. Mediation is an alternative dispute resolution process in which the mediator
acts as a facilitator for helping and negotiating to settle the dispute between the parties. It is often used tosettle disputes in civil cases and criminal cases which are compoundable offences such as fraud,embezzlement, libel etc. In Thailand the mediation can be done by the sheriff who is the head of thecommunity by the request of the offender and with the consent of the victim. Even when the criminal case isongoing, the justice process, not only in the investigation but also in the public prosecution proceeding, thepolice officer or the public prosecutor can also mediate a compoundable offence case. If the parties agree, thepolice officer or the public prosecutor will notify the victim to withdraw the petition and the victimʼs right tobring a criminal case against the suspect will be terminated. In the court proceedings, the mediation cancontinue as long as the case is not final. Initially, the case will be sent to the Mediation Center which will be
conducted by the mediators who were selected from among people who are not judges. That is to say the
mediation system in Thailand also gives the opportunity to the public to participate in the judicial process by
being a mediator in court. Thailand has been promoting dispute resolution by mediation because when the193

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parties agree to resolve their dispute they also have a good relationship. The mediation process can reduce
the number of cases that go to the court and also reduces the time and expense of litigation. Sometimes, thevictim may receive compensation quickly and certainly because it can be determined as a condition that thevictim will withdraw the petition when the suspect or offender has paid compensation to the victim. It also isgood when the defendant has no prior history of offending.

III. CHALLENGES
The challenges faced in CBDR proceedings vary by jurisdiction depending on the unique and peculiar
situations as well as the objectives in each country. Most countries use CBDR in civil or minor cases as acustomary process of restorative justice in the community. Bhutan, Philippines, Maldives, Thailand and Sri
Lanka mediate both civil and criminal offences but only in minor cases for criminal offences.
A. How to Enhance Mediation
The group generally agreed that enhancement of mediation is necessary in order to empower the public
or community to actively and effectively participate in criminal justice. There are, however, challenges
limiting this goal.
In Indonesia, they have rigid statutory law and do not recognize mediation in criminal cases because of
the principles of legality and codification so that any criminal act must be processed based on Indonesiaʼswritten law. There are de facto mediations in Indonesian society, but it is quite rare for the parties involved to
conduct them because even if they reach an agreement, it has no influence on the disposition of the criminalcase.
In Maldives, CBDR is very challenging due to lack of cooperation between stakeholders, social, culturaland religious beliefs; lack of awareness of legal rights and options especially among vulnerable groups; closeminded people mostly in the islands, and geographical diversity. Furthermore, misuse of power by thenegotiators especially at the local council level, since the councils have insufficient knowledge in this area,
could diminish public trust in the criminal justice system.
In PNG, the individual perpetrator hides in the shadows of tribes or clans, and liabilities are shared byclans/tribes.
Public awareness, in the sense that the community must be educated on the process flow of the mediation,is lacking in almost all jurisdictions as mentioned by the participants during discussions. Promoting publicawareness will enhance the effectiveness of the system. The public will be guided on what to do, where to go
and whom to approach directly when an incident happens in their community, especially for the people living
in remote areas.
B. How to Achieve Fairness in Mediation
There were different views shared by the group on principles of fairness in CBDR. A majority of theparticipants agreed based on experience and practice that wherever there is consensus reached by bothparties, fairness is reached; however, if no amicable consensus is reached, the matter can be appealed to thenext level of the formal justice system. In the case of Japan and PNG, social pressure from communities,
whether positive or negative, can have a bearing on the outcome of the cases.
In Japan, the public legal support for victims had been weaker than that of the defendants or suspects. In
some cases, the victim claimed that the mediation was not based on his/her consent, especially when only theoffender is represented by his/her attorney. In other countries, it is also common that there are tendencies of
unfairness in mediation due to the various reasons stated below:
1. Power Balance
In CBDR, there is always the challenge of striking the balance of power between the protection of rights
of defendants versus the protection of victimsʼ rights. This is the case in the Japanese system. Generally
across the different countries, a lawyer is not needed in the mediation process as it is a customary process
based on general consensus of resolving issues. Some issues are unresolved during mediation, partiallybecause such cases can be referred to the formal justice system where legal assistance can be utilized.
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2. Influence of Social Pressure
The influence of social pressure can have a positive and negative effect on mediation. The negative effectcan be on the issue of collectivism versus individualism, where community expectations are placed on theoffender or the victim which are contrary to the victimʼs will to resolve the issue. The social pressure can also
influence the outcome of the mediation process at the community level based on general community
expectation. On the other hand, the positive effect of social pressure helps in repairing the damage done by
the offender.
In PNG where there is the issue of collectivism versus individualism, social pressure from communities
can have a negative effect on the mediation process. Collectivism means the liabilities of the case are sharedby clans or tribes who pay compensation upon agreement of mediation as seen as the customary way ofsettling disputes through mediation. Individualism is more of a formal process where individual perpetrators
face the formal justice system on their own as individuals responsible for crimes committed. Perpetrators orcomplainants are also subject to social pressure by communities based on consensus.
3. Quality of Mediator
It was generally discovered in the group discussion that the selection of mediators was based on somecriteria depending on the different context of mediation in each country. The importance of selection ofmediators has become greater because it is at the core of achieving fairness in CBDR. In our discussion, we
talked about the issues related to their incentives. We unanimously agreed that the internal incentives, i.e.,
satisfaction felt by contributing to society could be the most important, because those who want such feelings
are expected to be fair and sincere mediators. Countries that have formal mediation systems have criteria
outlining different levels of competencies, codes of conduct and qualifications. Some countries have formal
guidelines on how to conduct mediation while others do not. It was also generally observed that there is a
growing need for mediators to be trained to ensure that quality mediation outcomes are realized. The
diversity of cultural practices and geography also pose challenges. General agreement from discussion onenhancing fairness indicates that there is growing need for guidelines on mediation, training and appropriate
procedure of selection to be in place to guide a fair process for the culturally diverse and geographicallychallenged countries with more public awareness on the process and training of mediators.
4. How to Secure the Execution of Settlements Resulting from Mediation
As realized in the group discussions, securing mediation settlement is often through consensus by theparties involved. The process of ensuring compliance of terms agreed upon during mediation differs fromcountry to country. In Japan, prosecutors and counsel put importance on approaches incorporating therelatives or the neighbours of the defendants to encourage the defendant to comply with the obligations
agreed to with the victim. In PNG, village court officials or clan/tribal leaders are responsible for ensuring
compliance with terms of settlement agreements. If there is a breach of the agreement, the matter is referred
to police for prosecution or to the courts. In Thailand, there are two types of agreements: one is conditional
and the other is without condition. If the agreement is breached, the matter is referred to court for
prosecution either civil or criminal in nature. In Bhutan, if there is a breach in the settlement agreement, it
will be referred to the police for filing of charges, or they can directly approach the court for settling the case.

IV. RECOMMENDATIONS
After all the sessions concluded, the group agreed to the following recommendations to address the issues
and challenges identified:
A. On Enhancement Issues
1. In order for the community-based mediation system to be effective, countries need to recognize its
significance or impact on criminal justice and pass a statute as a basis to that effect. In turn, policy
guidelines will be laid out for its implementation so that they can reap the benefits that it offers;
2. Public awareness or education campaigns must be actively carried out by stakeholders to disseminate
the said statute and policy guidelines through the utilization of call centres, such as Japan does, andalso the mass media or various social media platforms;
3. Collaboration with bar associations for pro bono legal assistance to parties; and195

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4. Establishment of volunteer probation officer systems which would be greatly beneficial in involving
the public in the criminal justice system.
B. On Fairness Issues
1. Appropriate selection and training of quality mediators are important to increase the success of
mediation. In Thailand, they have established a mediation centre in every court of first instance where
mediators with proper training mediate cases, resulting in a 90% success rate, which means that 90%
of cases were successfully mediated and only 10% went to court. In Japan, selection may also be anissue because of its aging population with the obvious problem of getting mediators from the younger
age groups; however, this situation can be advantageous in the sense that older people have a wealth ofknowledge and experience in dealing with conflicts or problems as well as their feelings of selffulfillment that they will leave behind a legacy of their own.
2. Policy guidelines are also important here to guide the mediators in upholding the rule of law at all
times whenever they mediate cases;
3. Providing incentives to mediators whether in monetary or honorary form, or both, will serve as
motivation factors for them to perform their role the best they can to reciprocate the incentives theyreceive; and4. As a last resort, when concerned parties are not satisfied with the settlement, they can always appeal
their case and go to the formal legal procedure.
C. Securing Compliance with Negotiated Settlements
1. Inclusive mediation where family members, colleagues in the workplace, friends and other community
members will be proactively involved in ensuring compliance with the settlement.
2. Include in the policy guidelines procedures for securing execution of settlement agreements in casethe respondent does not voluntarily comply with the settlement to ensure that the victim will receive
the compensation agreed upon.

V. CONCLUSION
The group came to the conclusion that public participation in criminal justice is not an independent topic
to be tackled exclusively, but it is intertwined with the topics of access to justice and law-related education.
This is due to the fact that in order for the public to actively participate in the criminal justice system, lawrelated education is required to make them aware and empowered to get involved. It is in the same way that
CBDR, which is the focal point of this humble undertaking, provides access to justice, especially to the poor
and underprivileged, who compose the majority of the population around the world, in order to bring forthjustice for all. It is therefore the groupʼs aspiration that this report will contribute to the promotion of the ruleof law and the culture of lawfulness (SDGs 16.3) through possible replication of the good practices shared.

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Report of the Follow-Up Seminar for the Second Phase of the Third Country Training
Programme (TCTP) Focusing on the Development of Community-Based Treatment of
Offenders in the CLMV Countries

UNAFEIREPORT OF THE FOLLOW-UP SEMINAR FOR THE SECOND PHASE
OF THE THIRD COUNTRY TRAINING PROGRAMME (TCTP)
FOCUSING ON THE DEVELOPMENT OF COMMUNITY-BASEDTREATMENT OF OFFENDERS IN THE CLMV COUNTRIESFrom 26 to 28 June 2018, the United Nations Asia and Far East Institute for the Prevention of Crime andthe Treatment of Offenders (UNAFEI) hosted the Follow-up Seminar for the Second Phase of the Third
Country Training Programme (TCTP) Focusing on the Development of Community-Based Treatment of
Offenders in the CLMV Countries (hereinafter, the “Follow-up Seminar”). This report summarizes theproceedings, country presentations and general discussions held throughout the Follow-up Seminar.
Proceedings
1. MS. KAYO ISHIHARA, Deputy Director of UNAFEI, welcomed the participants and announced theopening of the Follow-up Seminar. Further, she recognized the efforts of the Japan International
Cooperation Agency, the Department of Probation of Thailand (DOP), and the Thailand International
Cooperation Agency (TICA) in organizing and implementing the TCTP with the cooperation of
UNAFEI. Noting that the establishment of effective community-based treatment (CBT) in the CLMV
countries faces numerous challenges, it is very important to share periodically what each country has
achieved and to evaluate progress. To achieve the goal of the TCTP, Deputy Director Ishihara
stressed that it is important for all participants, as experts and practitioners, to take the initiative to
introduce and develop CBT in their respective countries, making use of the knowledge and insights
obtained during the TCTP.
2. MR. PAYONT SINTHUNAVA, Deputy Director-General of the Department of Probation (DOP) of the
Ministry of Justice of Thailand, emphasized the importance of implementing the Tokyo Rules incriminal justice systems in order to rehabilitate offenders in the community with their families and toallow them to become productive members of society. Noting that the first two phases of the TCTP
have demonstrated the importance of implementing probation practices in the context of each country
with an understanding of the “big picture” in terms of legislative, executive and judicial powers of thestate, this Follow-up Seminar presents an opportunity to discuss the progress and challenges of
implementing community-based treatment in the CLMV countries, with the goal of full implementation of the Tokyo Rules in the near future.
3. The Visiting Expert, DR. MANUEL G. Co, Ex Officio Member of the Board of Pardons and Parole andAdministrator of the Parole and Probation Administration (PPA) of the Republic of the Philippines,delivered a presentation on “Countermeasures to Supervisees who Commit Bad Conduct”.
4. Country presentations detailing progress made since the first phase of the TCTP were made by thedelegations from Cambodia, Laos, Myanmar, and Viet Nam.
5. Lectures were delivered by: (1) MR. HITOSHI MIYAKE, Principal Examiner of the Kanto Regional Parole
Board, on an “Outline and details of punishment and sanctions imposed on persons released on paroleand persons under probation with suspension of execution of the sentence” and (2) Deputy Director
Ishihara, on the “Legislative Steps for Introduction of Community-based Treatment of Offenders”.
Visiting Expertʼs Lecture
6. Dr. Co presented on the topic of dealing with supervisees who violate conditions of probation or parole,considering the question of whether revocation of probation or parole should be considered a failure of
the system. In the Philippines, community corrections is implemented through individualized
treatment. The PPA supervises and rehabilitates parolees, pardonees, probationers and first timeminor drug offenders in the community, and its three vital responsibilities are investigation,
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identifies which offenders are suitable for community-based treatment, and those who are suitable aresupervised in the community with the support of Volunteer Probation Assistants. Rehabilitation
programmes are applied according to a three-pronged approach, including (i) restorative justice, (ii) the
Therapeutic Community (TC) Ladderized Program, and (iii) volunteer resource mobilization.
Community-based treatment is a conditional release subject to conditions. While the conditions serve
as a substitute to iron bars and prison laws, it is important that conditions are realistic and imposed forthe purpose of helping each individual offender conform conduct to a law-abiding lifestyle. In addition
to probation and parole, conditional pardons are used as a means to release offenders while
maintaining control over their conduct in the community. Control over supervisees in the community
is maintained through mandatory and special conditions. Mandatory conditions include the duty toreport to probation offices, to reside at the offenderʼs approved residence, and to refrain fromcommitting further offences. Special conditions are designed to encourage offenders to develop as
responsible, productive and socially redeemed individuals by requiring them to engage in productive
behaviours, e.g., employment, or to refrain from destructive behaviours, e.g., drug use, possession of
firearms, or relationships with criminal associates.
If mandatory or special conditions are breached, the PPA may take various actions depending on thenature of the violation. Minor violations of conditions may be addressed by administrative disciplinary
protocols, which may include corrective measures imposed at the discretion of Probation and Parole
Officers. If a parolee commits another offence while on conditional release, he or she must serve theremaining portion of the original sentence in addition to the term required for the new offence;probationers who reoffend must serve the time for the original and the new offence. Violations ofconditions of parole or pardon are evaluated by the Board of Pardons and Parole based on fact-finding
and the recommendations of probation officers, and the Board may issue an Order of Arrest andRecommitment to place the offender in custody. At any time during probation, the Court may issue awarrant for the re-arrest of a probationer for violation of any condition. In all cases, it is important toremember that offenders are entitled to the presumption of innocence and other constitutional rights.
In answering the question of whether revocation is a failure of the system, Dr. Co stressed that failure
cannot be attributed to the probation officer alone, as each offender is ultimately responsible for his or
her own behaviour and faces his or her own family and other problems in the community. The role ofprobation officers is to serve as gatekeepers of the justice system and to help offenders comply with
their conditions. Recalling that the purposes of supervision are to implement conditions, rehabilitate
the offender and prevent the commission of further crime, Dr. Co recommended that the participating
countries consider the adoption of volunteer probation officer/assistant programmes to enhance
offender supervision and rehabilitation through the use of community volunteers and community
resources.
Country Presentations
7. CAMBODIA. Like a number of other countries, Cambodia has adopted legislation that addresses
community-based treatment but has faced challenges in implementation. The reported challenges
include public resistance to the concept and financial constraints that prevented the commencement ofa pilot project. These challenges were raised at the Cambodian MOJʼs annual congress, and the MOJ
committed to further promotion of community-based treatment by disseminating relevant statues on
non-custodial measures to judges, police, prosecutors and judicial police officers of various provinces.
The Ministry of Interior has established a committee to address these issues, agreeing that the best
way to initiate a trial programme would be to focus on the community-based treatment of juvenile
delinquents. In 2019, responsibility for juvenile delinquents will be transferred from the Ministry ofInterior to the Ministry of Social Affairs. Under existing law, prosecutors execute the decisions of thecourt with the assistance of judicial police officers. The delegation plans to raise public awareness of
CBT and non-custodial measures though all means possible.
8. LAOS. The delegation from Laos reported having gained useful knowledge during the Second Phase of
the TCTP, which was reported to the Minister of Justice. The Criminal Procedure Law contains
provisions on re-education without deprivation of liberty, stay of execution of penalty, conditional
release, and other CBT-related measures. Currently, however, no ministry has been assigned as the200168TH INTERNATIONAL SENIOR SEMINAR
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responsible agency for CBT, so offenders are entrusted to local administration authorities (such as
village, district, and community police), mass organizations and other state organizations forrehabilitation, reintegration and recidivism prevention. The village administration system, including
village mediation committees, are responsible for handling normal cases and non-violent cases, such as
stealing property, traffic violations, battery and other cases resulting in minor damage or those that do
not affect society. Applicable laws, regulations and policies will be disseminated to local
administrations and the other organizations mentioned above to raise public awareness.
9. MYANMAR. The delegation reported that there is no specific legal framework for CBT, but a CBTframework is applied in drug cases in which police officers take drug users to medical centres for
medical treatment. Drug users who refuse treatment are sent to a rehabilitation centre for six months.
This process involves the police, the courts, the Ministry of Home Affairs, the Ministry of Health andSport, and the Ministry of Social Welfare, Relief and Resettlement (MOSWRR). The MOSWRR
implements rehabilitation services by Centre Based Rehabilitation, Semi-Community Based
Rehabilitation, and Community-Based Rehabilitation Reports on Activities of Rehabilitation. These
processes involve interviewing and recording of the biological data of trainees and making
assessments based on the use of drugs. The social work practices being carried out include mental andphysical rehabilitation, providing vocational training, preparing for reintegration into society and theprovision of after-care services. Myanmar is undertaking efforts to raise public awareness in order toeducate the public, change the public mindset, promote the use of community corrections overimprisonment, and prevent recidivism.
10. VIET NAM. The delegation from Viet Nam reported learning about organizational structure, qualified
staff, facilities, and professional volunteers during the second phase of the TCTP. In January 2018, Viet
Nam issued guidance on conditional early release and the application of suspended sentence. In Viet
Nam, CBT basically includes conditional early release, non-custodial sentences, and suspended
sentences. Vietnamese law emphasizes the participation of the community in offender treatment
through many measures such as education and job training, sport and cultural activities, yearlymeetings for families of inmates, agreements with the private sector to support offender rehabilitation,and legal support and psychological counselling. Inmates are eligible for conditional early release basedon good behaviour. Conditional release decisions are made by provincial peopleʼs courts where theinmates are serving the sentence. Offenders serving sentences in the community are subject tosupervision and reporting, but they receive vocational training and job-hunting and financial support.
To raise awareness of CBT in the community, the delegation recommended measures such as (i)issuing instruction documents, (ii) dissemination of information through the media, especially national
television, (iii) conducting national surveys on CBT, (iv) developing mechanisms to reward active
participation of people in the community and extending models of funds and clubs for rehabilitation.
Plenary Discussion
11. PROFESSOR HIROYUKI WATANABE (UNAFEI) chaired a plenary discussion, during which the participants
shared comments and asked questions regarding their respective systems. Noting that Thailand took
22 years to adopt a fully functional CBT system, MR. SINTHUNAVA (DOP) stressed the importance ofsetting timelines for the adoption of such systems. PROF. WATANABE raised the issue of dealing withdrug crimes in the CLMV countries, whereupon MR. NOUTH (CAMBODIA) pointed out that there is adifference in the way that drug use and possession is viewed in many countries. While drug use isconsidered a medical problem, drug possession is viewed as a crime. In jurisdictions where drug
possession is aggressively enforced, the result is that even minor possession cases can result inprosecution, and, thus, prison overcrowding. Additionally, while the public may be more accepting ofdrug users in medical treatment, the public will be much less sympathetic to those who are labelled as
criminals. DR. CO (PHILIPPINES) raised the importance of performing drug dependency examinations
prior to making probation decisions in drug cases because drug-dependent offenders cannot beeffectively treated in the community (without first completing a drug addiction treatment programme
at a rehabilitation centre). PROFESSOR TAKUYA FURUHASHI (UNAFEI) enquired into the use of risk
assessment in CBT programmes, and it was report that Thailand conducts assessment based on
Andrews and Bontaʼs well-known Risk-Need-Responsivity (RNR) Model, which assesses each offenderʼs (i) risk of reoffending and (ii) dynamic criminogenic needs that can be supported in various ways bygovernment and community resources. Finally, all participants recognized the need to develop
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effective strategies to promote public awareness of CBT.
Lectures12. MR. MIYAKEʼs presentation addressed the topics of probation supervision in Japan and sanctions forbad conduct. Pursuant to the Offenders Rehabilitation Act, the purpose of rehabilitation is to prevent
reoffending and juvenile delinquency and to assist offenders as in becoming self-reliant as soundmembers of society. The primary measures for offender rehabilitation include (i) instruction andsupervision, which guide offenders toward pro-social thinking and living, and (ii) guidance andassistance, which connects offenders with social services to facilitate their rehabilitation andreintegration. In Japan, probation supervision can be applied to juvenile and adult probationers andparolees. Supervision is conducted on an individualized basis, taking account of each offenderʼs age,family situation, etc., and efforts are made to apply the most “appropriate” measures to facilitate theoffenderʼs rehabilitation and reintegration into society. For example, if a probationer exhibits selfreliance and other pro-social qualities, probation is no longer necessary or “appropriate”. On the other
hand, if probation is not effective in a particular case and the probationerʼs attitude or conduct
deteriorates, the continuation of probation may not be appropriate. Probationers and parolees are
subject to general and special conditions, and when these conditions are violated, action must be taken
in response. For example, probationers are required to reside at a specific address that has beenreported to the probation office. If the probationer cannot be found or has changed residences without
permission, measures may need to be taken to address the probationerʼs violation of his conditions ofprobation (i.e., bad conduct). In such cases, the probation officer will submit a report to the regional
parole board, which will determine what action should be taken. If a probationer cannot be found, it
may be necessary to suspended probation, which means that the probationer will not be given credit
for serving probation for the period during which he or she cannot be found. This effectively extends
the probationary period by the number of days the probationer was absent without leave. However, incases where probation is no longer appropriate due to bad conduct, e.g. reoffending or violation of
special conditions, probation will be revoked unless the regional parole board finds that special
circumstances exist that make it reasonable to continue probation. Probation is revoked by theissuance of a warrant of appearance, and a probation officer may serve the warrant on and arrest theprobationer. The probationer is then taken to the probation office, where he or she is interviewed anddetained pending the final revocation decision of the regional parole board. If a probationer receives
suspended execution of sentence and violates the conditions of probation, the public prosecutor must
be informed to process the revocation through the courts.
13. DEPUTY DIRECTOR ISHIHARA presented on legislative and practical strategies for the creation of effective
CBT systems. Legislation is necessary because CBT is a constituent element of a criminal penalty
which restricts the liberty of offenders. Thus, due process protections must be afforded to provide acheck on the exercise of state power. Appropriate laws must address, among others, (i) the conditions
upon which CBT can be applied, (ii) who may impose CBT, and (iii) which agency is responsible for
conducting CBT. At the same time, the application of CBT must remain flexible, diverse anddiscretionary because the sanction is imposed in the community where offenders are faced with reallife challenges. Accordingly, input from practitioners on developing workable practices is extremely
important. Of course, the enactment of legislation alone is insufficient. To carry out the purpose of thelaw, the following factors must be present when the law enters into force: an implementing agency,
adequate resources, detailed procedures, and the support of relevant stakeholders and the generalpublic. This makes it critically important to conduct adequate “market research” to determine anappropriate timeframe for implementation. In this context, market research is a process to gather
information to estimate the number of offenders that will be subject to CBT once the system becomes
operational. This requires policymakers to frame the scope of CBT by clarifying the major conditions
as defined by law, such as the types of crime and penalties eligible for CBT, the degree to which
criminal records and family relations are considered and so on. Each country will need to determine
whether judges or administrative bodies will be responsible for deciding which offenders are eligible
for CBT. If judges, make such decisions, the law should refer to the factors to be considered; ifadministrative bodies make such decisions, guidelines should be developed and training should be
provided. Additionally, reliable statistics are necessary to plan for the implementation of CBT
programmes. Such planning should take “market size” into consideration, for example, by recognizingthat CBT in an urban setting is likely to face different challenges and require different resources than202

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in suburban or rural areas. After gathering the information necessary to create a roadmap toimplementation, stricter conditions for eligibility and limiting the initial scope of CBT are options foraccelerating implementation with the expectation of expanding the programme in the future.
Introduction of the Third Phase of the TCTP
14. MS. TARUATA KLAEWKLA (DOP) introduced the General Information for the Third Phase of the TCTP,
reviewing the application procedures, participant qualifications, and the programme schedule. The
programme will take place in Thailand from 10-22 December 2018. The primary objective of the Third
Phase is to gain practical experience by working with Thai probation officers in the field.
Presentation on Halfway Houses in Japan
15. PROFESSOR HIDENORI OHINATA (UNAFEI) delivered a final presentation on halfway houses. Japan
currently has 103 halfway houses, which accommodate discharged offenders and provide aid andguidance necessary for offendersʼ reintegration. Halfway houses are run by persons approved by the
Minister of Justice, and the government provides financial support for their operations. These
operations include housing, feeding, and the provision of training and other guidance programmes forresidents. Probationers, parolees, offenders released from prison after serving their full terms ofimprisonment, and persons released from pre-trial detention are eligible to reside in halfway houses.
Upon release, roughly 30% of parolees reside in halfway houses, and the average length of a residentʼs
stay is 79.8 days.
Study Visit
16. At the conclusion of the Follow-up Seminar, the participants visited the Saishukai Halfway House inTokyoʼs Shinjuku Ward
28 JUNE 2018
AKISHIMA CITY, TOKYO, JAPAN203

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168TH INTERNATIONAL SENIOR SEMINAR251

RESOURCE MATERIAL SERIES No. 105

252

The 168th International Senior Seminar

The 168th International Senior Seminar (UNAFEI, 11 January - 9 February 2018)

Left to Right:
Above
Ms. Assad (UNODC), Mr. Gaña (Philippines), Ms. Leung (Hong Kong)
4th Row
Ms. Odagiri (Chef), Ms. Iwakata (Staff), Ms. Nagahama (Staff), Mr. Haneda (Staff), Ms. Yamada (Staff), Mr.
Hirose (Staff), Mr. Ohno (Staff), Mr. Kiguchi (Staff), Mr. Ueki (Staff), Prof. Yoshimura, Prof. Minoura, Prof.
Yamamoto, Prof. Akashi, Ms. Oda (Staff)
3rd Row
Mr. Arruda (Brazil), Mr. NʼGuessan (Cote dʼIvoire), Mr. Risha (Palestine), Mr. Taybi (Morocco), Mr. Yangen(Papua New Guinea), Mr. Pareerurk (Thailand), Mr. Haneef (Maldives), Mr. Katada (Japan), Mr. Honda (Japan),
Mr. Okuda (Japan), Mr. Tsutsumi (Japan), Mr. Shionoya (Japan), Mr. Wakabayashi (Japan)
2nd Row
Ms. Ide (JICA), Mr. Simeuang (Lao PDR), Mr. Myint Maung (Myanmar), Ms. Abeyratne (Sri Lanka), Mr.
Mudalige (Sri Lanka), Mr. Dharmaratna (Sri Lanka), Mr. Dorji (Bhutan), Ms. Pommanuchatip (Thailand), Mr.
Mangkuadiningrat (Indonesia), Mr. Lui (Papua New Guinea), Ms. Avancena (Philippines), Ms. Ratanadilok(Thailand), Mr. Fazeen (Maldives), Ms. Roalakona (Papua New Guinea), Mr. Uekusa (Japan)
1st Row
Ms. Kikuchi (Staff), Mr. Jimbo (Staff), Prof. Watanabe, Prof. Hirano, Dr. Joutsen (Finland), Dr. Godson(United States), Director Senta, Dr. Kittayarak (Thailand), Dr. Porporino (Canada), Deputy Director Ishihara,
Prof. Watanabe, Mr. Hagiwara (Staff), Mr. Schmid (LA)RESOURCE MATERIAL SERIES INDEXVol.

Training Course Name

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

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

Treatment of Offenders

40

Apr-Jul 1975

4
5
6

9
10

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

15

16

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 Administrationof Criminal Justice56

Sep-Nov 1980

57

Feb-Mar 1981

17

20

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

Crime Prevention and Sound National Development

Mar 1981

Integrated Approach to Effective Juvenile Justice
Administration (including Proposed Guidelines for the
Formulation of the Standard Minimum Rules for Juvenile
Justice Administration: A draft prepared by UNAFEI on thebasis of the reports of the study 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

Secruing 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 ofExperts on 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 theJuvenile 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

22

25

26

31

32

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

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 Administrationof 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 Noncustodial 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

33

34

37

38

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 1993

45

Effective Countermeasures against Crimes Related to
Urbanization and Industrialization̶Urban Crime, Juvenile
Delinquency and Enviromental Crime95

Sep-Dec 1993

46

Promotion of International Cooperation in Criminal Justice
Administration

96

Jan-Mar 1994

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 Faciliate 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 Society

111

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
Crime̶with Special Emphasis on Mutual Legal Assistance andExtradition

114

Jan-Feb 2000

Current Issues in Correctional Treatement 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

52
53

54

55

56

57

58

59

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 toIncarceration at all Stages of the Criminal Justice Process

121

May-Jul 2002

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 Society̶Its 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 Century̶Effective 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 ofPower̶Twenty 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
and their Reintegration into Society

136

May-Jun 2007

76

Corporate Crime and the Criminal Liability of Corporate
Entities
Tenth International Training Course on the Criminal Justice
Response to Corruption

137

Sep-Oct 2007

10th UNCAC

Oct-Nov 2007

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

79

The Criminal Justice Response to Cybercrime140

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 toIncarceration

141

Jan-Feb 2009

Effective Countermeasures against Overcrowding ofCorrectional 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 2010

80

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 Persons̶Prevention, Prosecution, Victim
Protection and Promotion of International Cooperation

150

Jan-Feb 201288

Evidence-Based Treatment of Offenders

151

May-Jun 201289

Trafficking in Persons̶Prevention, 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 Personnel̶Enhancing 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

Protection for Victims of Crime and Use of Restorative Justice
Programmes

156

Jan-Feb 2014

93

94
95

Assessment and Treatment of Special Needs Offenders

157

May-Jun 2014

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 and Recovering Proceeds of Corrpution
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

Effective Anti-Corruption Enforcement and Public-Private andInternational Cooperation

18th UNCAC

Oct-Nov 2015

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 (Investiagation 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

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

105

ISSN 0256-5471
ISBN 978-4-87033-324-6

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