English - UNIS

  • No tags were found...

English - UNIS

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010FACTSHEETS

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 1For information only—not an official documentQUESTIONS AND ANSWERS½½ What is the Twelfth United Nations Congress onCrime Prevention and Criminal Justice?The Twelfth United Nations Congress on Crime Preventionand Criminal Justice is hosted by the Government of Braziland will take place in Salvador from 12-19 April 2010.United Nations Crime Prevention Congresses have been heldevery five years since 1955 in different parts of the world,dealing with a vast array of topics. They have made a considerableimpact on the field of international crime preventionand criminal justice and influenced national policies andprofessional practices. As a global forum, the Congressesenable the exchange of information and best practices amongStates and professionals working in this field. Their overallgoal is to promote more effective crime prevention policiesand criminal justice measures all over the world.½½ What is the theme of this year’s Congress?The theme of the Twelfth Congress is “Comprehensive strategiesfor global challenges: crime prevention and criminaljustice systems and their development in a changing world”,as decided by the United Nations General Assembly.The Twelfth Crime Congress offers a unique opportunityto stimulate in-depth discussion and proposals for actionalong three principal avenues by:• Establishing firmly the criminal justice system as a centralpillar in the rule of law architecture;• Highlighting the pivotal role of the criminal justicesystem in development;• Emphasizing the need for a holistic approach to criminaljustice system reform to strengthen the capacity of criminaljustice systems in dealing with crime;• Identifying emerging forms of crime that pose a threat tosocieties around the world and exploring ways to preventand control them.½½ What will be discussed at the Congress?There are eight substantive items on the agenda covering thefollowing issues: children, youth and crime; terrorism; crimeprevention; smuggling of migrants and trafficking in persons;money-laundering; cybercrime; international cooperation infighting crime; and violence against migrants and their families.The Congress will also be the venue of five workshopson: international criminal justice education for the ruleof law; survey of United Nations and other best practices inthe treatment of prisoners in the criminal justice system;practical approaches to preventing urban crime; links betweendrug trafficking and other forms of organized crime: internationalcoordinated response; and strategies and best practicesagainst overcrowding in correctional facilities. A high-levelsegment will be held during the last two days of the Congress,where Heads of State or Government and Ministers and otherhigh-level government representatives will address the mainagenda items of the Congress. There will also be numerousother side meetings organized by non-governmental organizations,covering issues relating to crime prevention, criminaljustice and the rule of law.½½ Who will participate?The Crime Congress is a global forum that brings togetherthe largest and most diverse gathering of policymakers andpractitioners in the area of crime prevention and criminaljustice, as well as individual experts from academia, representativesof intergovernmental and non-governmentalorganizations, specialized agencies and other United Nationsentities, and the media.½½ What is the expected outcome of the Congress?The Congress will adopt a single political declaration, whichwill contain recommendations based on discussions at thevarious segments of the Congress including the high-levelsegment and the workshops. The declaration will be submittedto the United Nations Commission on Crime Preventionand Criminal Justice at its nineteenth session from 17-21May 2010 for appropriate consideration and action.The Congress will also provide a platform for increasedcooperation between governments, intergovernmental andnon-governmental organizations on the whole spectrum ofcrime prevention and criminal justice issues, thus promotingmore effective international action in this field.½½ What happens in the run-up to the Congress?In order to provide a regional perspective on the issues to bediscussed at the Congress, the United Nations Office onDrugs and Crime (UNODC) organized a series of regionalpreparatory meetings in 2009, held in San José, Costa Rica;Doha, Qatar; Bangkok, Thailand; and Nairobi, Kenya.

½½ Fact sheet 1For information only—not an official documentThe idea was for participants to highlight their special concernsand share their “lessons learned”. At the regional preparatorymeetings, participants highlighted special problemsand concerns, as well as successful experiences and promisingapproaches to addressing them.½½ How can I follow proceedings if I am not able tocome to Salvador, Brazil?A website will provide live and on-demand webcastcoverage of the Congress in English and the original (floor)language, as well as statements (speeches) in text format.The website is: www.un.org/webcast/crime2010For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

½½ Fact sheet 2For information only—not an official documentA recent UNODC population-based survey on corruptionin Afghanistan also found that more than half of Afghans(52 per cent) had to pay at least one bribe when dealing withpublic officials in the previous 12 months. Afghans rankedpublic dishonesty as a greater concern than insecurity orunemployment.½½ Criminal justice systemsThe data from the UN-CTS shows a median of approximately300 police officers per 100,000 population worldwide for2006 but rates of police officers vary significantly among countries.Rates of prosecution personnel were much lower in allcountries, with a median rate of 6 per 100,000 population.Staff in adult prisons showed huge variations across countriesbetween a minimum of 2 and a maximum of 160 prisonstaff members per 100,000 population, with a median of 51.There seems to be no correlation between rates of policepersonnel and suspects per 100,000 population which suggeststhat having more police officers will not necessarily leadto higher crime clear-up rates.½½ PrisonsThe number of people in prisons has increased over the lastten years in most countries, with a rise of 60-75 per centworldwide.There are a significant number of countries with veryhigh proportions of people detained pending trial which is amajor cause of overcrowding in prisons. More than half ofthe prison population is in pre-trial detention in one third ofcountries in Africa and the Americas (for which data is available)and the greatest overcrowding is also in countries inthese regions.½½ ConclusionThere is an urgent need to improve on the scarcity of statisticson crime and criminal justice at the national, regionaland international level so that a more accurate picture ofcrime in the world can be formed.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 3For information only—not an official documentChildren and young people: too many held in detention worldwideMore than 1.1 million children and young people are detainedthrough justice systems worldwide at any one time—and thatfigure may be an underestimate, according to a UNICEFstudy in 2007-2008. It does not include children who areawaiting trial, detained young children or children held temporarilyby the police.Too many children in conflict with the law are beingdeprived of their liberty and their rights, despite the existenceof Convention of the Rights of the Child which celebratedthe 20th anniversary of its adoption in 2009.½½ Why detention of children should be a last resort,not a first oneIn September 2009, the United Nations Special Rapporteuron torture and other cruel, inhuman or degrading treatmentor punishment, Manfred Nowak, submitted an interimreport to the General Assembly, with specific information onchildren in detention.His report found that “ …children remain particularlyvulnerable in detention; according to cautious estimates,currently more than one million children are deprived oftheir liberty and held in police stations, pre-trial facilities,prisons, closed children’s homes and similar places of detention.The vast majority of these children are accused of orsentenced for a petty offence; contrary to popular belief, onlya small fraction is held in relation to a violent crime. Most ofthem are first-time offenders.”The problem is made worse by the fact that in manycountries, the juvenile justice system—if it exists at all—isbasic and does not live up to human rights standards. Withthese limitations, detaining children becomes a matter ofcourse, instead of a matter of last resort. The system also endsup substituting for a welfare system that is either dysfunctionalor non-existent. This results in detaining children whohave not committed a crime but require welfare assistance,such as street children.In general, he expressed his alarm at the very low age ofcriminal responsibility in many countries. Too many of thechildren he met on his visits were held in severely overcrowdedcells, under deplorable sanitary and hygienic conditions.This was particularly true during the pretrial detentionperiod, despite the intention that pretrial detention shouldbe exceptional for children.Mr. Nowak’s report also noted that in some countries,national laws explicitly allow the beating or caning of youngoffenders as a disciplinary measure—and corporal punishmentis often used even in countries where it is prohibited.He described methods including being forced to crouch forone or more hours with bent knees and arms sprawled out;handcuffing to beds for a prolonged period of time; slaps onthe head or in the face and beatings with bare hands or instruments,such as truncheons; administering a certain numberof strokes with a wooden baton on backs or buttocks; andsuspension from window bars. As a means of intimidation,those sanctions were often applied in the presence of otherchildren.A significant part of the abuse of child detainees isinflicted by other detainees, mainly by adults but also byother children. The forms of abuse can be verbal and psychologicalbut also physical, including rape.½½ Stark difference between reality and perceptionThere is a sharp difference in many countries between theperception by the public and the media of how much childrenand young people are involved in crime and the reality ascontained in data and research studies.Contrary to popular opinion, children and young peoplefrom disadvantaged backgrounds are more likely to be thevictims than the perpetrators of violent crime. For example,a public opinion poll carried out in England and Walesshowed that 75 per cent of those polled believed the numberof young offenders had increased in the previous two yearswhereas the numbers recorded by the police were actuallyfalling.While there is no denying that some countries do haveserious problems with youth gangs including an increase ininvolvement of girls in gangs and of young people committingserious crime, the detention of children should be thelast resort of a criminal justice system.½½ Too many children suffer or witness violenceAccording to UNICEF, between 500 million and 1.5 billionchildren are estimated to experience violence annually.Although some violence is unexpected and isolated, most violenceagainst children is carried out by people children knowand should be able to trust and look to for protection and

½½ Fact sheet 4For information only—not an official documentprovisions of the legal regime against terrorism in fullconformity with the rule of law and human rights.The requests for assistance received by UNODC’s TerrorismPrevention Branch demonstrate a need for more long-term,in-depth, custom-tailored assistance on the ground, reachingout to the criminal justice practitioners involved in the investigation,prosecution and adjudication of concrete cases. Therequests received also display the need for enhanced specializedsubstantive expertise building and delivery in thematic areas,such as: nuclear, chemical and biological terrorism, maritimeissues, financing of terrorism and countering the use of theInternet for terrorist purposes. The Branch is further beingcalled upon to provide capacity building assistance with regardto criminal justice aspects of providing support for victims ofterrorism.International cooperation continues to be crucial as oftenthe suspect, victim, evidence, witnesses, expertise or the proceedsof crime are outside the jurisdiction of one single country.Criminal justice practitioners need to be able to deal withterrorist crimes as well as those linked to terrorism such as traffickingand smuggling in drugs, firearms and persons, moneylaundering,corruption, cybercrime and identity-related crime.Many of the proven methods of fighting organized crime arealso relevant to the fight against terrorism.The Terrorism Prevention Branch currently relies onextra-budgetary funding to cover more than 90 per cent of itsdelivery. Sufficient resources need to be made available tomake the branch’s technical assistance work sustainable,through an adequate increase in regular budget resources andthrough the provision of predictable and multi-year, extrabudgetaryresources.Establishing a rule of law-based criminal justice responseto terrorism is key to a global counter-terrorism efforts andthe backbone and prerequisite for other components. Theinternational community is now at a crossroads: impressiveprogress has been made in terms of ratification and implementationof the international Conventions and protocolsrelating to terrorism. However, much work remains to bedone to achieve universal ratification and full implementationof these international legal instruments.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 5For information only—not an official documentMaking the UNited nations guidelines on crime prevention workA safe and just society is a prerequisite for development. Theimpact of crime is felt most by the poor—just one of thereasons why crime prevention should be part of the rule oflaw system of any country. Crime and victimization affectdevelopment: it degrades the quality of life of citizens and itimpedes access to employment by driving away business.Unless security is established, the costs of crime and criminaljustice reduce the funds available for social development.Besides increasing the efficiency and capacity of the justicesystem, it is important to address the factors that contributeto crime, such as lack of post-prison reintegration(after care) programmes, unemployment and limited accessto good health and housing services.½½ Three types of crime preventionExtensive experience and academic studies have identified atleast three different types of crime prevention which haveproven effective in reducing crime rates either individually orused in combinations. These are: social, community-basedand situational crime prevention.Social crime prevention strategies attempt to increase thewell-being of the target group. By increasing access to socialgoods such as health, a safe and healthy environment, employmentand education, social crime prevention aims reduce the“push” factors that make marginalized citizens look to crime asa viable career option.Community-based crime prevention aims to change theconditions in deprived neighbourhoods with low levels ofsocial cohesion, where the risks of becoming involved withcrime or being victimized are high.Situational crime prevention aims to reduce the opportunitiesand incentives for offending, so maximizing the risks ofbeing caught and minimizing the benefits of crime throughsuch techniques as good environmental design of publicspaces and housing and providing assistance to victims.½½ The secrets of successful crime preventionprogrammesThere are well-documented and evaluated examples whichhave used the three types of crime prevention mentionedabove to effectively reduce crime rates. The following eightprinciples form the common background for these successfulcrime prevention programmes:(i) Government leadership at all levels to create andmaintain an institutional framework for crime prevention;(ii) Integration of crime prevention into policies forsocio-economic development;(iii) Cooperation between government institutions, civilsociety and the business sector;(iv) Sustainability and accountability, especiallyproviding adequate long-term funding for establishing,maintaining and evaluating programmes;(v) Knowledge-based action;(vi) Respect for human rights, the rule of law and thepromotion of a culture of lawfulness;(vii) Consideration of the links of local offending totransnational organized crime; and(viii) Different strategies for special groups, particularlyfor boys and girls, men and women, and vulnerable membersof society.For less developed countries, these principles may seemdaunting but as one Government put it: “Crime preventionmay appear costly at the beginning, but over the long term,it is less expensive than the alternative in terms of quality oflife and direct expenses on crime.”½½ Establish a crime prevention plan and review itA national crime prevention and coordination plan needs toinvolve various sectors of government and society. It shouldclearly identify the challenges, their causes, set priorities, andpossible solutions besides outlining who is responsible forimplementation and indicate the resources available. At thelocal level, the plan should go into full details.While creating a comprehensive plan is a first step, strategiesand objectives should be reviewed regularly in order for itto remain up-to-date, relevant and effective. Professional evaluationis an important part of the process and the plan needssustainable funding in the short, medium and long term.½½ Increasing level of knowledge on crime preventionInformation on effective practices and successful programmeson specific issues ranging from safe schools to managementof public spaces is available to be shared with other countries.However the crime prevention programmes used in developedcountries may not be applicable in other countries,

½½ Fact sheet 5For information only—not an official documentespecially when local data on crime is not available. There isa need to tailor strategies to the needs and circumstances ofindividual countries.½½ Establishing partnershipsWhile establishing working links among various sectors andthe public is an important aspect of crime prevention, it is noteasy to achieve. For instance, the public may assume thatensuring safety is the task of the police, or government agenciesmay be reluctant to share information with other partnersdue to confidentiality agreements.Public education is one way to try and change attitudes.For example, as part of its strategy to prevent violence againstwomen, the Federal Government of Brazil launched a publiccampaign. It included information on the services available,a 24-hour hot-line for victims, and a series of public forumson women’s safety to raise awareness and stimulate publicdebate on the issues.½½ Challenges and solutionsIt is not feasible, ethical or prudent to respond to crime withdeterrent or judicial measures alone. Effective crime preventionis critical to ensuring sustainable development, asreducing crime and insecurity improves the conditions forbusiness and employment and permits channeling resourcesinto socio-economic progress instead of crime control.It is nearly ten years since the United Nations Guidelineson crime prevention were adopted and the Twelfth CrimeCongress offers a unique opportunity to examine where theguidelines have proved workable and effective and wherethey could be improved upon.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 6For information only—not an official documentHuman traffickers and smugglers of migrants:exploiting those seeking a better lifeA diverse spectrum of trafficking and smuggling operationsexists around the world, from small entrepreneurial operationsinvolving a handful of perpetrators to large transnationalorganized criminal groups with both licit and illicit actorsinvolved. These are serious forms of transnational organizedcrime that need national and international responses.Traffickers and smugglers are looking to profit frompeople’s vulnerabilities by offering incentives and the means tomigrate to those looking for better opportunities. Their crimesgo largely unpunished and conviction rates remain low.½½ The difference between trafficking in persons andsmuggling of migrantsTrafficking involves the use of force, coercion, deception orsome abuse of power which renders the consent of the personirrelevant and includes an element of exploitation. The profitsfor traffickers come from exploiting the victims in someway whereas for smugglers the fee paid by the migrant is themajor source of revenue and usually once the migrant hasarrived at his/her destination, there is no further relationshipwith the smuggler.½½ The legal frameworkThere are two protocols which have been adopted and enteredinto force: the Protocol to Prevent, Suppress and Punish Traffickingin Persons, Especially Women and Children, whichhas 135 States parties and the Protocol against the Smugglingof Migrants by Land, Sea and Air, with 122 States partiesboth supplementing the United Nations Convention againstTransnational Organized Crime with 154 States parties.½½ Diverse criminal enterprises: from small scale toorganized trafficking gangsTwo or three perpetrators may work together, recruiting,transporting and, in the case of trafficking, exploiting limitednumbers of people at any given time. Despite the small sizeof their operations, such groups can earn significant sums ofmoney over a short period.On the other hand, there are major transnational networkswith large numbers of perpetrators operating acrosswide geographical areas. They move larger numbers of peoplethrough their networks constantly and tend to be more innovative,continually searching for new routes or ports of entry.They may also engage in narcotics trafficking and arms smuggling.These large organized criminal groups are more likelythan small groups to be connected to the “upperworld”through corrupt businesses or government officials.By and large, smuggling of migrants follows the samemodel but evidence suggests it is more closely associated withorganized crime. Migrant smugglers continue to match theincreased sophistication of Member States’ efforts to thwartthem.½½ Detection, investigation, prosecution andadjudication of these crimesA number of problems may impede efforts to investigate traffickingin persons and smuggling of migrants. Lack of humanand material resources to support investigations is the mostprominent of these problems. Infrastructure is another majorissue. Some units may lack transportation or communicationsequipment. Another problem is corruption and collusionof government officials and law enforcement units.Examples range from officials collecting rents or bribes toprotect traffickers and smugglers, to officials who participatein trafficking and smuggling, including the ownership orcontrol of brothels using trafficked women.Many of the problems can be remedied through providingtraining to investigators, police, prosecutors and judges.Focused training can help early identification of victims oftrafficking or recognition of smuggled migrants as witnesses.½½ Smuggled migrantsThe death and serious injury toll from smuggling has dramaticallyincreased in recent years, illustrating the cost of thiscrime in human lives. Smuggled migrants often suffer inhumanor degrading treatment or life-threatening situationswhile in transit and at the country of destination.Unless the rights of smuggled migrants are upheld whenfound, criminal justice systems are not likely to be able to usesmuggled migrants as witnesses in cases against their smugglers.In fact, debriefing those who have been smuggled is

½½ Fact sheet 6For information only—not an official documentprobably the most overlooked area in migrant smugglinginvestigations. Smuggled migrants are often simply sent backto their country of origin.½½ Protection of victims of traffickingThose likely to be in contact with victims from the police andjustice officials to health and social services staff should betrained to enable them to identify victims of trafficking andbe sensitive to their needs.Prosecutors and judges too need to understand the natureof trafficking and avoid secondary victimization. There aremany ways victims can be protected and supported in courtproceedings, such as by using videotaped testimonies or ensuringshields to prevent a victim from facing their trafficker incourt.States should monitor victims after they have been repatriatedto avoid further victimization or potential re-trafficking.Finally, in line with the principle of non-punishment of victims,States should avoid imposing legal or financial penaltieson victims after their return.½½ Prevention of trafficking and smugglingEffective action to prevent and combat trafficking in personsrequires a comprehensive international approach includingawareness-raising and reducing the demand for traffickedvictims. Awareness campaigns help to reduce the pool ofpotential victims, but the cycle of trafficking cannot bebroken without dealing with demand.The root causes of the supply are factors such as poverty,gender inequality, corruption and socioeconomic pressure,but there is no denying that demand in the destinationcountries is what underpins the profits traffickers reap.Preventing smuggling requires dismantling the networksthat do it as well as addressing the conditions in which they canflourish, while protecting the rights of smuggled migrants.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 7For information only—not an official documentFuller implementation of UNited nations Conventionsneeded to combat money-launderingMore international cooperation is needed to combat moneylaunderingand bring the criminals involved to justice. Currentlyvarious legal and practical obstacles stand in the way ofMember States being able to more effectively investigatemoney-laundering. To detect, seize and confiscate illicitassets, States often need to cooperate with each other but inpractice this can be difficult to achieve.Cooperation among Member States is based on the principleof mutual legal assistance as set out in several internationallybinding instruments. The United Nations Conventionagainst Illicit Traffic in Narcotic Drugs and PsychotropicSubstances (the 1988 Convention), United NationsConvention against Transnational Organized Crime (UNTOC)and the United Nations Convention against Corruption(UNCAC), contain specific requirements for Member Statesto adopt measures to combat money-laundering.However, differing legal systems among Member States,and limits to their financial and human resources affect theirability to implement the relevant provisions of theConventions to enable effective cooperation. On top of this,new money-laundering techniques and schemes, whichinvolve the misuse of trade transactions, complex corporatestructures, new payment methods and alternative remittancesystems, make the problem hydra-headed.½½ What are the legal obstaclesThe most elementary stumbling block in providing mutuallegal assistance is establishing dual criminality: an act has tobe deemed a criminal offence under the laws of both therequesting and the requested State. When too strictly applied,this sometimes has the unintended consequence of stoppingone State from assisting another in an investigation.Many Member States have yet to fully comply with measuresin the UNTOC and the UNCAC to address this problem,namely to criminalize a detailed list of acts whencommitted intentionally.Member States may grant or deny mutual legal assistancefor various reasons, as stipulated in the UNTOC and theUNCAC but in some cases, these are unduly restrictive.There are other less formal channels for mutual legal assistancesuch as Memoranda of Understanding between nationalcounterparts as well as within regional or internationalorganizations such as INTERPOL, and the Egmont Groupof Financial Intelligence Units.Even where clear information exchange gateways exist,Member States should ensure that overly strict secrecy laws donot hamper the ability to access and obtain information coveredby financial, professional or commercial secrecy or toshare such information with foreign counterparts. Furthermore,international assistance through less formal channels shouldnot be limited to cooperation upon request but allow for aspontaneous exchange of information that is believed to beuseful for the authorities in another jurisdiction.½½ Challenges in the fight against money-launderingLaundering money via the international trade system byeither under or over-invoicing poses a serious challenge.Multiple invoicing of goods is also a commonly used technique.The ability to exchange and compare trade data on adomestic and international level is crucial to detect andinvestigate this crime.The anonymity that is provided by the speed and size ofinternational commerce can make tracking down and prosecutingmoney-laundering offences even more complicated.With the volume of international trade ever-burgeoning,most countries do not have the resources to fully monitor allexport-import trade transactions. Combined with the easewith which corporate entities and legal arrangements can beset up and dismantled, and the availability of shell companiesand other possibilities in international trading, it makesidentifying the person behind an operation almostimpossible.Alternative remittance systems that bypass the formalbanking sector when transferring money across borders—oftenin the form of cash—are another money-laundering phenomenonwhich is difficult to track and trace. But while these systemsprovide an easy way for criminals to launder the proceedsof their crime, they are also used by migrant workers to sendmoney home to their families, which provides a significantsource of revenue for some countries in the developing world.Finally, the anonymity provided by Internet payment systems,prepaid cards and mobile payments provides ideal and

½½ Fact sheet 7For information only—not an official documenteasy means for money launderers to abuse. For instance,pre-paid cash cards issued by credit card companies may beused to purchase goods or withdraw cash worldwide. By buyingthem in large quantities, a criminal can abuse this facility.In addition, the transnational character of many of thesesystems make it difficult for Member States to regulate orsanction companies operating them.½½ What needs to done?Member States need to:• Define the money-laundering offences as contained inthe United Nations Conventions;• Coordinate more to improve data collection and analysisat the global level including on trade and alternativeremittances;• Ensure domestic authorities have sufficiently widepowers to investigate money-laundering crimes;• Ensure that the provision of mutual legal assistance is notsubject to unduly restrictive conditions;• Provide better training and knowledge to relevantauthorities;• Encourage spontaneous exchange of information andcooperation domestically;• Consider appointing liaison officers for internationalcooperation;• Impose internationally harmonized regulations to ensurethat criminals may not abuse new payment methods formoney-laundering purposes.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 8For information only—not an official documentToo little international cooperation allows cybercriminalsan easy getawayThe fast-developing and changing nature of informationtechnology along with the rapid expansion of the Internetover the last decade, plus the exponential growth in the speedof information exchange, has made the investigation ofcybercrime especially challenging. At the end of 1997, only1.7 per cent of the world’s population—70 million people—used the Internet. In 2009, the number of users has risen toan estimated 1.9 billion people—which is 26 per cent ofworld population, according to the latest figures from theInternational Telecommunication Union (ITU).Yet despite a half-century of debate, the misuse of technologyin the form of cybercrime in recent years continuesto pose a serious problem to law enforcement and law makersalike. As compared to “traditional” crimes, internationalcooperation in tackling electronic/cyber crimes is strikinglyunderdeveloped given its importance.½½ The nature and extent of the problemThe global availability of electronic/cyber services means thatcybercrime naturally has a transnational dimension. Even forsomething as simple as sending an e-mail from a sender to arecipient in the same country, there is a transnational elementif one of them uses an e-mail service operated by aprovider outside the country. Some popular e-mail serviceswhich have millions of users worldwide provide an idea ofthe scale that transnational cybercrime can take.Timely and effective cooperation among countries is criticalin ensuring the success of an investigation, for unlike atraditional criminal investigation, the timeslot available to acybercrime investigator is very short. Large files can be downloadedin minutes! Though some mutual legal assistanceagreements are already in place, establishing procedures forquick response and international cooperation are vital.Despite almost universal agreement on the fact thatcybercrime is an urgent issue that needs immediate and coordinatedresponse among countries, it is difficult to evenquantify the extent of the problem, let alone follow its myriadand mutating avatars. Even basic national crime statisticsdo not always list cybercrime separately—thus, reliable informationon arrests, prosecutions and convictions is often hard,if not impossible, to collate.Cybercrime is often not reported for various reasons, forexample, financial sector victims such as banks may notreport cybercrime as they fear loss or damage to theirreputations if they report hacking attacks.½½ The importance of a global, speedy responsenetworkThe fact that a cybercrime can be perpetrated even when thecriminals and targets are not in the same location makes itcritical that nations develop a well-coordinated system towork together. However, regional differences in laws can bea stumbling block when it comes to cybercrime—contentthat is deemed illegal in one country can be made lawfullyavailable on a server in another country. Most mutuallegal assistance is based on dual criminality where investigationsare done for issues that are criminalized in all affectedareas, so when legislation does not converge, this can be aproblem.Preventing safe havens for criminals is thus a key challengein the prevention of cybercrime. Safe havens enablecriminals to carry out their activities and hamper investigations.One example is the “Love Bug” computer worm developedin the Philippines in 2000, which affected millions ofcomputers worldwide.½½ Links between organized crime and cybercrimeThe nature of the involvement of organized crime in cybercrimeis of two sorts: the use of information technology bytraditional organized criminal groups and organized crimegroups focusing on committing cybercrime.Reports have indicated that the trend is towards traditionalorganized criminal groups becoming involved in high-techcrimes, such as software piracy as well as child pornographyand ID theft.½½ What is being done—what is notSeveral regional initiatives have been set up to attempt thedevelopment and standardization of legislation.The Commonwealth Model Law on Computer andComputer Related Crime contains provisions on criminal

½½ Fact sheet 8For information only—not an official documentand procedural law and international cooperation. However,the impact is limited to the Commonwealth countries.The European Union (EU) has also taken severalapproaches including the Directive on Electronic Commerce,the Directive on Data Retention and the Amendment of theFramework Decision on Combating Terrorism. The implementationof EU instruments is mandatory for all its 27member States.The Council of Europe has developed three major instrumentsto harmonize cybercrime legislation—the most wellknown being the Convention on Cybercrime that was developedbetween 1997 and 2001. The Convention containsprovisions on substantive criminal law, procedural law andinternational cooperation. A First Additional Protocol to theConvention on Cybercrime was introduced in 2003. In2007, the Council of Europe’s Convention on the Protectionof Children was opened for signature. It contains specificprovisions criminalizing the exchange of child pornographyas well as obtaining access, through communicationtechnologies, to child pornography.In addition, there are several scientific initiatives such asthe Stanford Draft International Convention (CISAC) thatwas developed as a follow up to a conference hosted byStanford University in the United States in 1999 and theITU Cybercrime Legislation Toolkit, that was developed bythe American Bar Association and other experts. However,the global impact of these approaches is limited as they areapplicable only to their member States. Currently, theCouncil of Europe Convention on Cybercrime has thebroadest reach—signed by 46 States and ratified by 26.With new Internet public security phenomena—such asterrorist use of the Internet for propaganda purposes, financingof terrorism by means of Internet-related payments andcollecting information about a possible target, the need fornations to act together is stronger than ever.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 9For information only—not an official documentStrengthening international cooperation is essential in the struggleagainst transnational crimeCriminal enterprises are already operating effectively acrossgeographic, linguistic and legal borders. Meanwhile, criminaljustice authorities are struggling to achieve even slow, incompleteand inefficient cooperation. Rigid legal systems without-of-date practices inhibit change, while adaptable criminalsare growing ever more powerful in the global economicsystem and in national societies.If transnational criminals adapt to the changing globalenvironment more rapidly than Governments, the criminalswill grow stronger, gain increased control of resources, andprofit at the expense of lawful societies.Unlike Governments which must observe the rule of law,criminals have no ethical or legal restraints. Moreover, unquestionableimprovements are being made in achieving internationalcooperation in criminal matters. Nevertheless, radicalimprovement in the speed, facility and frequency of crossbordercooperation is long overdue. Extradition practice,mutual assistance, asset confiscation and other forms of internationalcooperation must evolve, and do so more rapidly, iftransnational criminality is to be effectively controlled.½½ The legal framework for international cooperationA significant landmark for international cooperation in criminalmatters was established in 1988 with the negotiation ofthe United Nations Convention against Illicit Traffic in NarcoticDrugs and Psychotropic Substances. This agreementimposed obligations to extradite or prosecute accused drugoffenders, to provide mutual legal assistance, to cooperate inrestraining and confiscating drug proceeds or property ofcorresponding value and to engage in law enforcementcooperation.With criminals ready to engage in any profitable enterpriseregardless of its nature or location, the United NationsConvention against Transnational Organized Crime of 2000provides a comprehensive legal framework to deter andpunish those involved in serious cross-border criminality.These Conventions provide the necessary infrastructurefor cooperation against all types of profit-oriented criminalgroups. However, there are obstacles to their effective use.½½ Difficulties in extradition requirements, mutuallegal assistance and double criminalityThe issue of double criminality meaning that the offence forwhich cooperation is sought is punishable under the laws ofboth the requesting and requested States has often been astumbling block in extraditions and even mutual legalassistance.With regard to extradition, the United Nations Conventionagainst Corruption allows for a State to grant extradition forany of the Convention offences that are not punishable underits own domestic law. This is a significant departure from traditionalextradition treaties, but it may be an evolution whosetime has come.There is a need to simplify extradition proceedings. Manyprocedural obstacles create delay and waste resources, regardlessof the basis for extradition.International cooperation in the area of mutual legalassistance could be dramatically improved through the use ofa computer application developed by the United NationsOffice on Drugs and Crime (UNODC) called the MutualAssistance Request Writer Tool.States should recognize that they need legislation toestablish the necessary procedures for international cooperationin the areas of extradition, mutual assistance and restraintand confiscation in order to allow the drug and crimeconventions to be used to their full potential.½½ Cooperation in investigations:The global model for investigative cooperation is INTERPOL,with National Central Bureaus in 184 countries, which issupplemented by regional police cooperation networksaround the world. Most of these networks maintain bothopen and restricted websites. The open websites make animportant contribution to the transparency and effectivenessof international cooperation by making accessible the relevantlegislation of network members. Knowledge of foreignlaw and international practice can make the differencebetween a successful and an unsuccessful request.One example of success is INTERPOL’s database ofnearly 20 million stolen or lost passports. These travel

½½ Fact sheet 9For information only—not an official documentdocuments are used by cross-border criminals to commitoffences and to escape justice. Now, Member States can scana travel document or manually enter its number into theINTERPOL Network Database and know within seconds ifa lost or stolen travel document is being used.½½ Conclusions and recommendationsIf national authorities do not adapt mechanisms for internationalcooperation to make them more effective and do itquickly, then they will lose ground in the governance of theireconomies and societies to their more flexible, imaginativeand successfully evolved criminal competitors.Addressing the Security Council on the threat to internationalpeace and security from drug trafficking in Decemberlast year, United Nations Secretary-General Ban Ki-moonnoted that no country can face such a transnational threatalone. He concluded that: “This fight requires a comprehensiveinternational approach based on a strong sense of sharedresponsibility. States must share intelligence, carry out jointoperations, build capacity, and provide mutual legal assistance.So far, cooperation between Governments is laggingbehind cooperation between organized crime networks.”The Secretary-General’s observation on the global community’sinadequate response to drug trafficking is applicableto other forms of organized crime. Cooperation betweenGovernments is falling substantially behind that needed toconfront the global nature of crime and the cooperationwithin and between organized crime networks. The resultingsecurity gap is widening as criminals become progressivelymore agile, while criminal justice authorities struggle againstoutdated procedures that no longer serve the world’s needs.Every country should have a basic set of foreign assistancelaws allowing international cooperation whenever it servesthe national interest, whether based upon reciprocity, comity,ad hoc agreement or conventional treaty.Radical change is needed to allow lawful society tocompete effectively against international criminal groups.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

Twelfth United NationsCongress on Crime Preventionand Criminal JusticeSalvador, Brazil, 12–19 April 2010½½Fact sheet 10For information only—not an official documentDiscrimination, violence and abuse:Too often a reality for migrantsIt is not an easy thing to leave home, often family, and all thatis familiar—no matter what the circumstances that promptthe move—to an alien land, where everything from the languageto the food, culture and people are different, maybenot even knowing whether one will reach the final destinationalive. Yet there are 214 million international migrants,representing 3.1 per cent of the world’s population today.Contrary to popular perception, only 37 per cent of migrationmovements are from developing to developed countries—most people move between countries in the samecategories of development.In their search for a better life—often while fleeing fromtraumatic circumstances such as war, civil unrest, and naturaldisasters, migrants can be the target of violence and victimization.This takes many forms: from being exploited as victimsof trafficking, facing the risk of not making it throughthe journey alive if one is smuggled, to facing discriminationin education, economic and social opportunities—even findinga house, or employment.Though migration is a phenomenon that touches uponevery country, either as a place of origin, transit, or destination,“for too many migrants, the reality is discrimination,exploitation and abuse” in the words of United NationsSecretary-General Ban Ki-moon.The current economic crisis has further aggravated thefactors that make migrants vulnerable and more likely to bevictimized.Though the protection of migrants is addressed in severalconventions and international agreements, the importance ofthe Protocol on the Smuggling of Migrants, ratified as of5 January 2010, by 122 States, lies in the fact that it constitutesthe first legally binding global instrument with anagreed definition of smuggling of migrants as distinct fromtrafficking in persons. Another important document is theUnited Nations Convention on the Protection of the Rightsof all Migrant Workers and Their Families (ICRMW),adopted by the General Assembly in 1990, which enteredinto force in 2003. It is the most comprehensive internationalhuman rights treaty protecting the rights of migrantworkers, both regular and irregular.Measuring the extent of victimization of migrantsis difficult—data is scarce and its interpretation highlycontroversial. To begin with, there is natural resistance amongmigrants to report the crimes they suffer. Victimization surveysoften use categories such as foreigners/minority groupswhich do not fit the definition of a migrant. “Irregular”migrants who are not officially recorded are not included inthese surveys.The data available suggests that migrants fall victim to awide variety of crime that often goes unreported. For instance,in the 27 members States of the European Union, one inevery four people belonging to a minority group was avictim of crime at least once in 2008.½½ Violence against migrant workers: the natureof the problemIn many Western European countries, the foreign-born proportionof the work force is around 10 per cent. This numberis also substantial and growing in several countries in Africa,Asia and the Americas, reaching as much as 60 to 80 per centin certain Gulf States.Many migrant workers face various forms of violence andabuse, especially in the area of employment. This includeslow-paid (or unpaid) work, short-term contracts or nocontracts at all, longer working hours for a minimum wageor less, or 3-D jobs (dirty, dangerous and difficult).Many internal and international migrant workers faceslave-like conditions in mines, agricultural work and otherjobs. Often misled by promises of a bright future, they findthemselves deeply in debt and facing violence and coercionwhen they try to leave.Women are especially vulnerable—about 94.5 millionwomen migrated in 2005, making them nearly 50 per cent ofmigrants worldwide.Besides physical violence, migrants are usually the targetof high levels of discriminatory treatment which leads tovictimization. A European study, for instance, shows thatdiscrimination in education and employment is a particularproblem for some groups, keeping them from tapping intoavailable opportunities.Another area where migrants face non-equal treatment isin the criminal justice system. Across most Western countries,foreigners appear to be increasingly overrepresented in

½½ Fact sheet 10For information only—not an official documentthe penal system, making up more than 30 per cent of theoverall prison population in some places.½½ Tackling the problemThe issue needs to be addressed at various levels. The basicrights of migrants—both regular and irregular—need to berecognized. Victims need to be educated on their rights andlegislation. Employers should be aware that safety measuresare their responsibility and finally, migrants should be encouragedto acquire local language proficiency which will empowerthem.The biggest challenge by far is facilitating migrants’ accessto justice and improving relations between migrants and thepolice. Awareness-raising campaigns and empowering migrantcommunities is a first step towards achieving this goal.While the international framework to protect the rights ofmigrants, migrant workers and their families is in place, it hasyet to be fully implemented. It is important for Member Statesto review their legislation in order to be able to prosecutemigrant smugglers, human traffickers and other offenders andidentify and protect the rights of the victims of violence.For this, it is necessary to strengthen the skills and capacityof criminal justice agencies and increase the training (andpersonnel, if needed) for national and local officials whosework relates to migration-related protection, prosecutionand labour enforcement. All actors involved in counteringviolence should have the capacity to identify victims of violenceand to ensure that their rights are protected. Social welfareagencies responsible for protecting the rights of migrantsand victims of crimes should also be strengthened. Finallysupport should be tailored to address the different aspectsand needs of specific communities.For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010

For further information, visit:www.unis.unvienna.orgwww.unodc.orgwww.crimecongress2010.com.brTo view live webcast, visit:www.un.org/webcast/crime2010Printed in AustriaV.10-51185—February 2010—1,500

More magazines by this user
Similar magazines