Combating Transnational Crime in ASEAN. by Jumpon Phansumrit

,17(51$7,21$/ $662&,$7,21 2) 3526(&87256

OCTOBER 2012

NEWSLETTER 57

NEWSLETTER Last call for Bangkok, Thailand

In this issue: In this issue: Last call for Bangkok P. 1 From the President P. 3 Report on the 2nd African and Indian Ocean Conference P. 4 Counsel’s Comment P. 9

rung Thep Mahanakhon Amon Rattanakosin Mahinthara Ayuthaya Mahadilok Phop Noppharat Ratchathani Burirom Udomratchaniwet Mahasathan Amon Piman Awatan Sathit Sakkathattiya Witsanukam Prasit. You have just read the full and ceremonial name of the capital of Thailand and it is a record for the organisers of the 17th IAP Annual Conference and General Meeting, because never in the long history of the IAP has such an event

NEWSLETTER 57

been organised in a city with such a long name. At the moment, three weeks before the opening of this great event to be held in Bangkok, Thailand, from 28 October to 2 November 2012, the registrations are rolling in, but it is still not too late to register.

“May I Help You?” P. 11 IAP Announcement Rhode Island P. 12 UNODC - IAP Manual P. 13 Combating Transnational Crime in ASEAN P. 15 Other Announcements P. 17/18

PAGE 1

he theme of the Conference is: “Transnational organised crime, its expansion into diverse areas of criminality and the role of the prosecutor”.

ne of the main objectives of the International Association of Prosecutors is to improve cooperation between prosecutors to more readily combat international criminality. What can we do in concrete terms to at least partially achieve this ambitious objective? That is the aim of this conference.

riences and practices and to learn from each other and to support each other. At the same time you will experience (again) the friendship that makes our Association so special! See you in …… Bangkok! Website: www.iap2012thailand.ago.go.th

With an excellent array of speakers we will concentrate on subthemes such as Cybercrime, Commodity Smuggling, Money Laundering and Asset Recovery, Counterfeiting Crimes, Piracy, Trafficking in Persons and Environmental Crime. There will also be a plenary with the theme: “War Crimes”, during which we shall launch of the International Prosecutors Best Practice Manual.

e are convinced of the fact that our local hosts have arranged a very interesting professional as well and social programme, which will give us the opportunity to see some of the very special places in this beautiful country with its great history, culture and traditions. It will be a unique occasion to meet your colleagues from all over the world, to share professional expe-

Thailand and the award particularly recognises her contribution as a champion of human rights and particularly womens’ rights in Thailand especially in the context of violence against women and she can be regarded as a role model in this regard. Her election as Chair of the United Nations Commission on Crime Prevention and Criminal Justice was an important signal in the position of the prosecutor in the assertion of the Rule of Law.

IAP Award for Princess of Thailand The IAP Executive Committee has agreed to present Her Royal Highness, Princess Bajrakitiyabha Mahidol of Thailand with a Special Achievement Award which recognises prosecutors who carry out their duties in circumstances which deserve special recognition, including special dedication in the carrying out of prosecution duties in promotion of the rule of law.

he award will be presented to Her Royal Highness or her representative during the opening ceremony of the 17th IAP Annual Conference in Bangkok on 29th October 2009. Other recipients of Special Achievement Awards were announced in the last newsletter; Gerrie Nell, South Africa and Allan Dahl, Afghanistan will be presented with their Special Achievement Awards at the opening ceremony and Fatou Bensouda on behalf of the Office of the Prosecutor of the International Criminal Court and Brenda Hollis on behalf of the Office of the Prosecutor for the Special Court of Sierra Leone will receive their Special Achievement Awards at the Closing Ceremony on 1 November. Derk Kuipers, Secretary-General

rincess Bajrakitiyabha Mahidol was until recently a prosecutor in the Attorney General’s Office in

PAGE 2

NEWSLETTER 57

From the President Pacific Prosecutors Association Conference

he annual conference of the Pacific Prosecutors Association took place from Tuesday 10 to Friday 13 July 2012 in Honiara, the capital city of the Solomon Islands, situated on the island of Guadalcanal. I had the honour to represent the IAP at this conference and made the long trek from Ireland to the Solomons, a journey which took four flights in each direction and in total over 54 hours flying for a distance of more than 32.000 kilometres. But it was worth the journey to see the wonderful work done by prosecutors in these small jurisdictions in often difficult circumstances. When I say small I mean small in population, though not necessarily in extent. The Solomon Islands themselves are an archipelago measuring over 1.600 kilometres from one end to the other.

he popular image of Pacific islands is of a paradise. But there was a serpent in Paradise and there are still serpents to be found in some of the countries which belong to the Pacific Prosecutors Association. It is no accident that two of the

leaders of the Association, Ronald Talasasa and Josiah Ngailevu, have been recipients of the IAP’s Special Achievement Award for their courage. Josiah tried to stand up for the rule of law in Fiji following an unlawful seizure of power. Alas, the forces of illegality prevailed and still prevail and in Fiji today the rule of law is a memory of the past and a hope for the future. Ronald was subjected to threats and physical assault during a time of ethnic mayhem in the Solomons now euphemistically referred to as “the tension”, but he continued to do his duty. It is because of the dedication to duty and courage of people like Ronald that peace was restored in the Solomons, guaranteed still by the assistance of other states in the region.

he Pacific Prosecutors Association is a young body, this being only its second conference. However, it is a vigorous body and despite the limited resources of prosecution services in the region the conference was attended by prosecutors from about a dozen jurisdictions throughout Oceania. It is actively considering applying for organisational membership of the

IAP although of course a number of the jurisdictions concerned as well as some individuals are already members.

he theme of the conference was ‘Building prosecutor capacitydismantling the web of corruption’. Resources and capacity, as in most small jurisdictions, is a particular Pacific Islands problem, and unfortunately corruption is a problem in a number of the member states of the Association, although fortunately not within the prosecution or the judiciary in any of the jurisdictions represented at the Conference.

highlight of the Conference was a visit to Ronald’s office where it was immediately apparent that his inspirational leadership has created an invigorating and enthusiastic team determined to overcome the many difficulties with which they have to deal. James Hamilton President IAP

Diary dates 13th IAP European Regional Conference, “Gender Justice” 6 - 8 March 2013, The Hague, The Netherlands.

18th IAP Annual Conference and General Meeting, 8 - 12 September 2013, Moscow, Russia.

3rd IAP North American and Caribbean Regional Conference, 7 - 9 August 2013, Rhode Island, United States.

19th IAP Annual Conference and General Meeting, November 2014, Dubai, United Arab Emirates.

IAP Executive Committee Meeting, 26 - 27 April 2013, Paris, France (TBC).

NEWSLETTER 57

PAGE 3

REPORT ON THE 2nd IAP AFRICAN AND INDIAN OCEAN REGIONAL CONFERENCE HELD IN MAURITIUS 26TH – 29TH AUGUST 2012 1. The whole programme for the conference was very organized, starting from the way the delegates were received at the Ramgoolam International Air Port, through the VIP lounge. No stress was experienced in the long immigration queues both at entry point and departure. From disembarking, the passports and luggage claim tickets were taken by the Mauritian immigration officers for clearance purposes whilst the delegates were being treated to refreshments in the VIP lounge. From the airport, a shuttle from the director of Public Prosecutions’ Office took the delegates to the Conference Venue at the Sofitel Imperial Hotel where accommodation had been arranged in advance. What a great choice for a venue of a Conference of that nature. The organizers couldn’t have come up with a better venue. The location was superb with the calming effect of the waves from the ocean in the background and the rooms overlooking the White Flic en Flec beach. Attendance was very overwhelming and the weather was fair throughout the duration of the Conference, from the 26th to the 29th of August 2012. 2. Registration went on smoothly and the real business started without any incident. After the opening ceremony by the Director of Public Prosecutions, Mauritius; Mr Sattyajit Boolell SC; the President of the IAP, Mr James Hamilton and the Attorney General, Mauritius, Mr Yatindra Varma the Conference got down to real business.

PAGE 4

3. James Hamilton, President of IAP gave a brief history of IAP and its membership and then highlighted some of the topics that were to be tackled during the Conference, which included problems affecting the Indian Ocean Region on Piracy and the compilation of a joint UNODC – IAP Handbook on the Status and Role of Prosecutors. Elizabeth Howe, General Counsel, IAP led a consultation session on the compilation of the Handbook on the 28th of August 2012. This handbook will constitute a tool to assist Member States in their review or development of rules for the prosecution services in their jurisdictions, in accordance with the guidelines and IAP Standards, setting conduct of ethics for prosecutors, governing behavior and the upholding of the rule of law. This important guideline is supposed to build on the joint work carried out by the UNODC and IAP in developing “The Prosecution Service” as part of the UNODC Criminal Justice Assessment Toolkit. 4. The development of this Handbook with minimum benchmarks to guide development of rules for the prosecution services will assist in bringing about some semblance of uniformity in prosecutorial services world-wide, hence the need for extensive consultation before a final draft can be produced. Participants at the conference were encouraged to forward any proposals and suggestions for inclusion in the IAP Handbook. It was further enunciated that a further round of consultations shall be held at the

IAP Annual Conference to be held from the 28th of October to the 2nd of November 2012, in Thailand. It was with great joy that the participants received the news about the impending launch of websites in Cyber crime, War Crimes and Human Trafficking; as this will facilitate easy and prompt net working and mutual assistance on an international level. 5. The Conference programme was divided into 7 Plenary Sessions which focused on different topics with a variety of esteemed presenters drawn from far and wide; some of special expertise and others drawing from their own experiences. After the panelists’ presentations the floor would be opened for questions, followed by the panelists’ responses. This provided an open and interactive environment, encouraging frank and empowering discussions. Many of the issues discussed where highly relevant to the promotion of the Rule of Law across the Commonwealth. 6. In brief the topics covered during the plenary sessions were as follows: Plenary 1: Prosecutions and Human Rights – are they mutually exclusive? The consensus from the discussions was that the two are closely linked and inter-twined. During the process of conducting prosecutions it is imperative that Human Rights are observed, regardless of whether they are rights of an accused or those of the victim or witnesses. The rights of an accused are required to

NEWSLETTER 57

be observed in many jurisdictions whose rule is underpinned by a democratic Constitution. Violation of these rights with impunity by police officers at investigative stage often results in alleged confessions or admissions being ruled inadmissible in court. Investigators were encouraged to adopt Video Recording techniques, of interviews or interrogations of suspects in order to curtail the incidents of falls accusations of impropriety by the police during the recording of such confessions, admissions or pointing outs. This also serves to improve police conduct during such interviews and limits the opportunity for the police to bend the rules. Police officers are forced to act with utmost propriety. It was recognized that, indeed, the cost of such a process may be considered prohibitive at first, but the gains at the end of the day are worth-while. Plenary 2: The struggle against Impunity, concrete tools to enhance international judicial cooperation. Emphasis was placed on judicial officers’ exchange of good practices. It was recognized that most often than not new ideas tend to develop in bigger jurisdictions and in today’s world which is fast turning into a global village, upholding the rule of law requires international judicial cooperation because of the nature of crimes which are transnational and the effects of which may be felt in a different country than the one where the offence is committed. Examples were given of crimes such as Corruption, Drug trafficking, Human Trafficking, Weapons Trafficking, Money Laundering etc, which may require the tracing of assets for purposes of asset recovery and forfeiture – emphasis placed on international judicial cooperation in order to achieve the goal of upholding the rule of law.

t was reiterated that miscarriage of justice ensues when the system results in the conviction of innocent individuals whilst on the other hand there is failure to apprehend and bring to justice actual perpetrators of crime. To enhance adherence to the Rule of Law, development of concrete step by step collaboration in the field of International Cooperation must be engaged in. Prosecuting agencies in different countries were encouraged to transcend their differences and collaborate with each other. The setting of demanding and strict standards by the UNODC was applauded as establishing norms of high standards. The acceptance of common rules regardless of different systems was said to be possible only through cooperation. The need to establish mutual trust and confidence within our differences was emphasized, and that this course must be followed both at nation and international levels in order to combat organized crime. Competent systems need to be put in place to effectively fight organized crime. International cooperation is indispensable in fighting organized crime. Bottle necks, which serve as a challenge in Extradition issues need to be attended to, in a bid to develop proper and efficient systems.

Adv. Constance Moyo

NEWSLETTER 57

Plenary 3: New Challenges to prosecution – Piracy in the Indian Ocean. The challenges facing the jurisdictions involved in the prosecution of suspects involved in the acts of piracy in the Indian Ocean High Seas were highlighted. These challenges appear to be compounded by the breakdown of the law in Somalia. It was indicated that Mauritius had entered into an agreement with the UNODC to assist in the prosecution of Somalia pirates and the memorandum of agreement for the repatriation of the convicted persons by air after trial was close to being finalized, which would then pave way to the beginning of the trials. Seychelles is one of those countries seized with the prosecution of pirates apprehended whilst in the process of committing acts of piracy on the High Seas. A connection through Video Conferencing was facilitated with Judge Duncan Gaswaga, a judge of the Supreme Court Seychelles who highlighted to the participants the nature of challenges faced by the courts in conducting trials of that nature and what efforts have been made in Seychelles to overcome such challenges.

e mentioned jurisdictional challenges but however indicated that this has been overcome by the legislation not limiting the conduct to any specific geographical area as long as the act was committed in the High Seas regardless of its proximity to Seychelles or connection to property linked to Seychelles. Other challenges mentioned were regarding the gathering of evidence and its preservation by the Marine Guards before hand over of the perpetrators. However use of aerial high definition photography appears to overcome most of these challenges. Most of the evidence in cases of this nature according to the judge is circumstantial in nature. Perpetrators however try to destroy

PAGE 5

evidence through dumping when they realize they have been spotted and are being pursued. Challenges are also experienced in establishing the nationalities of those apprehended because most often they are not in possession of any identification and some are juveniles.

ost often there is no direct evidence of acts of piracy which would have been observed by eye witnesses, but in accordance with the Seychelles legislation; cumulatively, circumstantial evidence as outlined below may suffice to establish conduct which may be classified as an act of piracy. • Where it can be shown pirate paraphernalia is present in a vessel the mere act of being at sea with it may be sufficient • even where no act of aggression is proven; equivalent to the offence on land of Conspiracy to Rob, Going Equipped for Theft. ‘Trip wire’ indicators include: › the presence of a hooked ladder, (used in boarding) › excessive amounts of fuel › lack of any visible means of livelihood such as fishing gear, bait , freezers etc › excessively powerful engine › Presence of weapons › Erratic vessel movements › Presence of skiffs It also follows that the absence of items in a suspected piracy vessel (PAG = Pirate Action Group) may be strong circumstantial evidence of pirate activity; ask the rhetorical question, what was this group doing thousands of miles off the Somalian coast with no evidence of legitimate fishing equipment in an area with high incidences of piracy? › Particularly where an expla nation of innocent fishing is not

PAGE 6

› › ›

supported by empirical evidence Interrogation of GPS devices are a useful source of evidence; tracking a PAG in conjunction with location of reported attacks may place it at or near an attack site Visual identification of individual skiff attack personnel is rare as attacks are carried out in difficult observational circumstances often in an exchange of live fire situation Best identification to be obtained is a description of the skiffs/and or Mother ship preferably by video

nother challenge resulting in the delay in the prosecution of these offenders appears to be brought about by the language barrier and the arrangements for different interpreters in the languages spoken by the offenders and the witnesses. Another compounding factor brought to the fore was the amount of time it takes to secure the attendance of the Marine guards for trial. A suggestion was made that the number of marine guards involved in any detention and the preservation of the integrity of the exhibits must be kept to a minimum in order to curtail the delays.

t was also pointed out by the presenters in this segment that the UN has built and is still in the process of building prisons in Somalia to which the Somali Pirates convicted in Mauritius will be repatriated to serve their sentences. Kenya however as one of those countries involved in the prosecution of Somali Pirates, reiterated through Mr Alexander Muteti a Principal Prosecution Counsel in Kenya that they are not willing to send those convicted within their jurisdiction back to Somalia because of the breakdown of the Law in that country. They would in fact prefer to keep them in their own prisons.

Plenary 4: Challenges to Prosecutorial Discretion. Emphasis was placed on the fact that prosecutorial discretion is a very powerful tool which requires that it be exercised with utmost circumspection, because of its susceptibility to abuse. Hence there must be inbuilt systems of checks and balances to circumvent instances of flagrant abuse of the discretion and any practical challenges which usually arise in respect of discretionary decision making. The video recording of interviews with suspects again came out as one practical solution to challenges to prosecutorial discretion. It was highlighted that a thorough consideration of the evidence must be undertaken, and also public interest and fairness be taken into consideration when a decision to prosecute in a matter has to be undertaken. The nature of the offence is also a factor to be considered when giving due consideration to the public interest. For example it would certainly not be in the public interest to prosecute in a matter which can be regarded as de minimis non curat lex.

t was highlighted that in other jurisdictions prosecutorial discretion can successfully be challenged based on the legality principle. For example if the decision is so unreasonable that a reasonable prosecutor could not have made it, it may be subjected to judicial review. It was pointed out that in England and Wales, prosecutorial decisions are generally not reviewable in the absence of bad faith being shown to have been the motive behind such decision. The Ugandan experience with the Lord’s Resistance Army rebel Joseph Kony’s activities highlighted the challenges with which the prosecution is faced in the prosecution of war crimes. In trying to prosecute the Lord’s Resistance Army commanders for crimes such as murder, rape, and statutory rape etc, numerous stumbling blocks

NEWSLETTER 57

casting aspersions on such attempts have been experienced. Such cases are fraught with the unwillingness of the witnesses to come forward and testify against these people for fear of reprisals. With the rape victims, some of them now regard these people as their husbands whom they have had children with, and would not want to testify against them. Others have moved on with their lives and as such have no interest in opening up old wounds and just want to forget about the whole experience. It would obviously be in the public interest to prosecute such heinous crimes, but without the testimony of the relevant witnesses it becomes a futile attempt to do so. Plenary 5: Victims and Witness Protection. Emphasis was placed on the general protection of witnesses before, during and post trial. Derk Kuipers, Secretary General, IAP explored the extent to which statements from anonymous witnesses may be admissible. From the authority cited it was clear that such statements cannot be admitted as evidence against an accused person unless if the counsel for the accused was involved in the interrogatory of the alleged witness. Otherwise they are prejudicial to the accused as such anonymous witness would not have been subjected to any form of cross-examination to test his or her credibility and the truthfulness of the evidence sought to be admitted.

lso emphasized was the fact that a formal witness protection programme must fall within the responsibilities of the police and the nature of the protection services must be approved by a judge. Transparency and the integrity of the prosecution services demand that a witness protection programme be a separate entity from the prosecution service.

NEWSLETTER 57

pecific mention was made of the need to protect vulnerable witnesses such as children, old people, women in abusive relationships, sexual offences victims as well as mentally and physically incapacitated persons. From the presentations it was clear that most jurisdictions have put into place legislation protecting the interests of vulnerable witnesses and civil protection orders may be applied for under such legislation to protect persons in vulnerable positions. In some jurisdictions there is even provision for the protection of whistle blowers in their legislation to facilitate the early reporting of violations or infringements of the respective legislations. In addition to that children and young persons under the different legislations can be removed from an abusive environment to a temporary place of care and this includes the provision of both medical and psychological treatment.

here are also mechanisms that can be put in place in protecting vulnerable witnesses when they have to give their testimony in court. For example a closed circuit television system can be used in conjunction with the use of intermediaries to avoid contact between the abuser and his/her victim. Age appropriate waiting rooms can be furnished for that purpose. Multidisciplinary teams can be formed involving the police, forensic investigators, medical personnel, psychologists, psychiatrists and none governmental organizations who can provide care for the vulnerable witness. It was emphasized that such a programme must also be made available to defence witnesses. Plenary 6: Asset Recovery. The presenters in this session pointed out that organized crime is now rampant even in the new democracies and tough and sophisticated measures are required to curb

crime. Asset recovery and forfeiture is one such measure. The main aim in asset forfeiture is the financial disruption of crime syndicates, to dislocate the syndicate where it matters most, so that they are unable to further finance their illegal activities. Asset forfeiture can be achieved in two ways; through civil litigation and after a criminal conviction. Civil litigation requires a lower burden of proof; that is proof on a preponderance of balances whilst on the other hand Criminal forfeiture requires proof beyond a reasonable doubt in order to sustain a conviction of the transgressors before any forfeiture claim can be invoked.

he Criminal forfeiture route, allows for a confiscation order to be applied for to the tune of the value of the benefit of the crime. It also allows for the freezing of assets very early in the litigation process. There is no need for property to be proved to be part of proceeds of crime, and has a wider definition of ownership. The South African legislation provides for the recovery of any gifts made by the perpetrator in the past 7 years to third parties. The benefit considered is the amount of gross income. No deduction for expenses is allowable. The gross amount is any proceeds that passed through the hands of the perpetrator. The perpetrator has a duty to disclose all assets and gifts made by him under oath. Such disclosure is made subject to immunity from use in criminal proceedings.

n Civil forfeiture one only has to prove that the property itself is ‘tainted’ or ‘guilty of a crime’. It can either be proceeds of a crime or an instrumentality of a crime. This has to be established on a balance of probabilities. In as far as proceeds of crime is concerned, even where a person has been acquitted in a criminal trial but it is clear the property or money involved is proceeds of

PAGE 7

crime, the civil forfeiture process can still be employed. In most drug dealing cases, the evidence is often circumstantial and a compelling case of involvement in a crime can be made out even though the perpetrator has not been convicted. The lifestyle of criminals often shows much unexplained wealth but is often impossible to convict them on a criminal charge. A detailed financial investigation has to be made to establish benefits by the perpetrator. An innocent owner defence is available to owners of property where a confiscation of property is sought on the ground that it has been used as an instrumentality in the commission of a crime.

sset recovery and forfeiture requires cooperation both on a domestic and international level. Plenary 7: Prosecution for corruption offences Corruption is a rote that eats away at the heart and the soul of a nation; if left unchecked it destroys the pillars upon which democracy is founded. The difficulty however in mounting a successful prosecution in corruption cases cannot be gain said. The reason primarily being that, be it the prosecution is undertaken under common law bribery or under any penal statute, both donor and recipient commit an offence. It was noted that at times in order to achieve a greater good in the public interest; immunity from prosecution may have to be granted to a minor role player in order to catch the bigger fish in the pond. This is in view of the fact that corruption by its nature is committed surreptitiously where there may be no eye witnesses serve for the two people involved in the corrupt practice as donor and recipient. It was further highlighted that corrupt practices are prone in the areas of recruitment, procurement, and contract management as well as licensing.

PAGE 8

he legal framework to curb corrupt practices in different jurisdictions is in line with the objectives of the United Nations Convention Against Corruption and in Southern Africa; the SADC Protocol Against Corruption. These protocols are meant to encourage State Parties to promote integrity, accountability and proper management of public affairs and public property. It brings about a practical and comprehensive approach to all aspects of public administration for example; procurement, recruitment, management etc. It was further stressed that there must be zero tolerance for corruption in all spheres of public administration. Prosecutions on corruption must be undertaken without any fear or favour.

uring the closing session on Tuesday, James Hamilton, President of IAP thanked the organizers of the Indian Ocean IAP Conference for all the hard work they put into making the conference a success. Special mention was made of the Director of public Prosecutions, Mauritius Mr. Satyajit Boolell and his staff members.

drank to their fill. What a wonderful evening it turned out to be. Social interactions and net working was at its peak.

n the 28th the Directors of public prosecutions, Heads of Prosecuting Agencies, Attorney Generals and Conference Speakers were treated to the Presidentâ&#x20AC;&#x2122;s dinner.

o top the icing on a beautiful cake, on the 29th the Director of Public Prosecutions, Mauritius organized an excursion trip to the Botanical Garden; Pamlemousses Grand Baie. Iâ&#x20AC;&#x2122;ve never seen such beauty in one place. Trees mainly used as spices from all over the world have been cultured and nursed in that garden. According to the guide, some are used from their leaves, fruits, stems, bark as well as roots. Very economic indeed; nothing is thrown away. Shopping was also on the menu for this day which marked the end of the Conference. Adv. Constance Moyo Chief Legal Officer Office of the Prosecutor-General, Namibia

urely all work and no play make Jack a very dull boy. The Director of Public Prosecutions of Mauritius was indeed alive to this adage and did a wonderful job of trying not to turn us all into dull Jacks. Indeed on Sunday the 26th after registration the participants were entertained at Welcome Cocktail function at the Le Tamassa, Sofitel Imperial; where Mauririan traditional dancers displayed their unequalled prowess in dancing. It was a wonderful evening indeed.

gain on the 27th the participants were invited to a dinner at the Domaine Anna, Flic en Flac where tables were over flowing with a variety of sea food and chicken and participants ate and

NEWSLETTER 57

Counsel’s Comment

he second IAP African and Indian Ocean Regional Conference held in Mauritius during August was a triumph for the Director of Public Prosecutions Satyajit Boolell and his team, who well deserve the appreciation and gratitude of those who experienced their warm hospitality. See page 4 for a comprehensive report from Constance Moyo from Namibia. As Constance dealt with in her report, the event also provided the IAP and UNODC the first opportunity to consult the membership upon the forthcoming UNODC-IAP Reference Manual for Prosecutors. See page 13 for further information about the consultation process.

ne of the topics addressed during the conference was asset recovery and enthusiasm is building for an IAP good practice guide for prosecutors upon this topic. If you would like to contribute please contact me.

he 6th Session of the Conference of Parties (COP) for the ‘United Nations Convention against Transnational Organised Crime’ (UNTOC) meets from 1519 October in Vienna, just before our Annual Conference, which is also examining organised crime and how it is spreading into diverse areas of criminality. One of the main issues under consideration in Vienna will be the review mechanism for compliance with the Convention, but the ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children’ which supplements the Convention is also on the COP agenda. The IAP Secretariat decided to hold a side event during the COP session in order to preview the launch of the IAP Trafficking in Persons Platform (TIPP) which will be launched on Tuesday 30 October during the IAP Annual

NEWSLETTER 57

Conference in Bangkok, Thailand. The side event will be held on 17th October in the Vienna International Centre at 9.00.

IPP will be a specialist electronic forum based within the IAP website and will be modelled on existing specialist web based fora already established by the IAP, namely GPEN (the Global Prosecutors E Crime network) and FICJ (the Forum for International Criminal Justice). It will comprise the following;

• • • • • • •

A forum for the exchange of best practice A repository for training material and guidance A means to identify in-country experts An opportunity to ask questions and exchange ideas A means to identify new trafficking trends A forum to discuss and exchange case law and legislation A means to enhance international cooperation

earing my GPEN (Global Prosecutors E Crime Network) hat, I have been part of a Commonwealth Secretariat Working Group tasked with assessing how we can improve the ability of Commonwealth States to address the pernicious growth of cybercrime and cyber enabled crime. Our Report and Recommendations will be published early next year and whilst it will be directed to the Commonwealth Law Ministers it will have a resonance outside the Commonwealth.

have also recently signed on behalf of the IAP/GPEN, Memoranda of Understanding (MOU) with two organisations with a view to enhancing each other’s capabilities to actively address cyber crime.

Firstly the COMNET Foundation for ICT Development, an international body whose mission is to help realise the transformational potential of information and Communication Technologies in Commonwealth and other developing countries. COMNET is the lead partner and Secretariat to the Commonwealth Cyber Crime Initiative (CCI) in collaboration with representatives of member governments and partner agencies, including GPEN. The CCI‘s objective is in broad terms to provide assistance to Commonwealth Member States to implement a comprehensive legal framework for responding to cyber crime and acquiring the evidence to combat it through prosecutions and other enforcement means. The Commonwealth Working Group which I sit on will examine ‘interalia’ whether the CCI should be the main delivery agent for the Commonwealth anti cyber crime strategy.

he other organisation with whom I signed an MOU is ICSPA (The International Cyber Security Alliance). ICSPA is a global, not-for-profit organisation established to channel funding, expertise and assistance directly to assist law enforcement cyber crime units and others such as prosecutors, who are involved in combating cyber crime in both the domestic and international arena. It is a businessled organisation comprising large national and multi-national companies who recognise the need to provide additional resourcing and support to law enforcement around the world in their fight against cybercrime. The ICSPA is partnered with the CCI, to provide assistance to mainly developing nations in the areas of cyber crime and security. A key element of this work involves legislative reform and it is hoped that the IAP/GPEN with its signifi-

PAGE 9

cant footprint around the world will be able to bring the expertise of its members to what is one of the most challenging tasks facing countries that wish to improve their response to fighting cyber crime within and outside their borders.

e are keen within the IAP to develop partnership arrangements with other like minded organisations so that we can work together to achieve our respective goals. I have just updated the page on our website which enumerates the various organisations that we are associated with, have a look to make sure I have not missed any out.

e have from time to time worked with the World Bank which has an extensive remit, but has only recently decided to focus more closely at justice development and has launched a Global Forum on Law, Justice and Development (GFLD) www.globalforumljd.org in respect of which the IAP has recently become a Partner. The next step will be to engage

with the relevant Thematic Working Group. Please contact me if you would like to become involved in this area of activity

n June of this year, I was invited to Belgrade to participate in a Conference on the Suppression of Corruption organised by the Association of Public Prosecutors and Deputy Public Prosecutors of Serbia and the Association of Judges of Serbia, where I was pleased to offer a contribution entitled ‘The Judiciary in the fight against Corruption - are they part of the solution or part of the problem?’ The occasion also marked the 10th Anniversary of the Association of Public Prosecutors of Serbia and I was both delighted and honoured to receive a professional association of prosecutors award on behalf of the IAP, acknowledging the special contribution the IAP has made towards the affirmation and protection of the Rule of Law, Freedom and Democracy.

here have been a number of opportunities recently for IAP members with relevant expertise or

experience to contribute to various programmes and projects of which I am notified. If you are interested in receiving information about these opportunities which arise from time to time, please contact me and send me a short curriculum vitae and I shall add your details to my ‘expert data base’.

nd finally, congratulations to Raija Toiviainen from Finland, Paul Rutledge from Australia and James K Stewart from Canada for being shortlisted for the position of Deputy Chief Prosecutor to the International Criminal Court. Raija Toiviainen is a very committed and much valued member of the IAP Executive Committee and is IAP Vice President Europe and Paul Rutledge has been an active and supportive member of the IAP for many years. The decision will be made by the meeting of the Assembly of States Parties in mid November. Elizabeth Howe General Counsel Tel and fax: +441732 522828 Mobile: +447775 937848 E mail: elizabeth.howe@cps.gsi.gov.uk

Elizabeth Howe OBE, General Counsel IAP and John Lyons, Chief Executive ICSPA, sign Memorandum of Understanding between the two organisations at the ICPA’s Quarterly Meeting held in Cork, Ireland in September 2012

PAGE 10

NEWSLETTER 57

“May I Help You?” Nicholas Cowdery AM QC IAP Past President and Chair of the Senate

he mission objectives were to evaluate progress and genuine willingness on the part of the government to uphold a fair rule of law, international human rights standards and address the past since the civilian government took office in March 2011. The other members of the mission were Philippe Kirsch OC QC (first President of the International Criminal Court and formerly a Canadian diplomat), Professor Vitit Muntarbhorn of Thailand and Sadakat Kadri, UK barrister and legal author.

From left to right: Professor Vitit Muntarbhorn, Sadakat Kadri (UK Barrister), Aung San Suu Kyi, Philippe Kirsch OC QC, Nicholas Cowdery AM QC, Paul Whittingham (Department for International Development, UK)

hat is the question on big signs outside police stations in Myanmar/Burma. There has been a joke made that inside there is another sign: “Now you can help us by donating”. It is no secret that corruption is rife in Myanmar – the country ranks 180 out of 182 on the Transparency International Corruption Perceptions Index 2011 (level with Afghanistan – North Korea and Somalia follow). Corruption is readily acknowledged as existing in the police, judiciary and among prosecutors.

ut it is a country in transition and change is happening. From a dark recent past, once described as “Pol Pot in slow motion”, Myanmar/Burma is reaching for the light under the presidency of Thein Sein who is impatient for success before he leaves office at the time of the next elections in 2015. Much needs

NEWSLETTER 57

to be done to restore the just rule of law – and it will no doubt take longer to resolve ethnic conflicts in the border regions.

rom 12 to 19 August 2012 I was a member of a mission sent by the International Bar Association’s Human Rights Institute [of which I was inaugural Co-Chair] to examine the functioning and independence of the judicial system including judges and the legal profession, in light of the newly established national Human Rights Commission; to analyse the international and domestic legal norms applicable to the judicial system relevant to that and their implementation in Burma; to examine any relevant related matters, including the responsibilities of all stakeholders; and to write and publish a report containing the findings of the mission, with recommendations.

n a week of over 20 meetings in Yangon/Rangoon, Nay Pyi Taw (the capital since 2006), Mandalay and Bago with over 100 people we gained the perspectives of senior government officials, parliamentary committees, presidential senior advisers, opposition leaders (including Daw Aung San Suu Kyi), the Human Rights Commission, judges, lawyers, bar associations, NGOs and the diplomatic community. Although we met with the Attorney General and his senior officers, we did not meet separately with prosecutors and one former prosecutor at a meeting of lawyers glumly pronounced: “There is no freedom of speech among prosecutors”. Prosecutors do not operate independently of government.

t was interesting to note that the week before we visited, Daw Suu had been appointed Chair of a new parliamentary committee, the Rule of Law, Peace and Stability Committee and during our meeting she outlined her plans for the committee’s work and its likely impact. It has also been interesting

PAGE 11

to note that since the visit, media publishers no longer have to submit copy before publication and a list of previously banned persons are now able to visit the country. It is a time of change and we saw signs of that everywhere we went.

he report of the mission, with findings and recommendations, will be published later in the year (hopefully in October). For now, it suffices to say in this article that prosecutors are generally corrupt and operate in league with the judges. Private lawyers and their clients do not get a fair hearing. The judiciary is largely unqualified and generally corrupt. It is very poorly remunerated (as are the police). If a judge does not “follow orders”, he or she is likely to be transferred to an area where the pickings are even less. The separation of powers

is not observed, so that the judicial system operates as an extension of executive government. All that must change.

he isolation once experienced by Myanmar/Burma is lifting. We can all help it to reengage positively with the international community.

ortunately, there is recognition among the senior officials that outside assistance is required to make the transition to democracy under the just rule of law. There is no shortage of external agencies willing to assist. Perhaps the IAP will be able to play a role, starting with invitations extended to the Attorney General of the Republic of the Union of Myanmar and his officers to attend the IAP Annual Conference in Bangkok from 28 October 2012. Engagement with the IAP can only assist the prosecution service to modernise and it may be that we can participate in a planned symposium on the rule of law to indicate areas for improvement and ways of achieving it.

IAP Announcement Rhode Island

he 3rd North American and Caribbean IAP Regional Conference will be held August 7 through 9, 2013, in Providence, Rhode Island, United States of America. The meeting will be sponsored by the National Association of Attorneys General and its training and research arm, the National Attorneys General Training & Research Institute, and hosted by Rhode Island Attorney General Peter F. Kilmartin.

neighborhoods, outstanding hotels, a renowned restaurant scene and so many things to do, Providence is the perfect place to visit.

dence is conveniently located minutes from T.F. Green Airport, and just a short distance from Rhode Island’s shoreline and luxurious beaches and Newport’s famed Gilded Age mansions.

lan now to enjoy a high quality legal program and networking and learning from fellow prosecutors in Providence, Rhode Island, next August.

he capital city of Rhode Island, Providence was founded in 1636, making it one of the oldest cities in North America. The City combines the accessibility and friendliness of a small town with the culture and sophistication of a big city. With a thriving arts community, vibrant and diverse

PAGE 12

he city’s compact size and convenient location make it easy to get to and hard to forget. Provi-

NEWSLETTER 57

UNODC - IAP Manual

s previously reported, drafting is under way of the UNODC-IAP joint project for a reference manual for prosecutors: “The Status and Role of Prosecutors”. Chairman of the Senate and Former President Nicholas Cowdery AM QC (ncowdery@optusnet. com.au) and P Rosario Domingue (pdomingue@mail.gov.mu), Chief Executive of the Law Reform Commission of Mauritius, are the principal authors. This will be a reference book for the standards and values to be applied internationally, in all legal systems, by prosecutors in all the phases of their professional work. It is hoped that it will be published at the time of the Annual Conference in Moscow in September 2013.

n the meantime, there is a lot of work to be done. The present draft Outline for the manual is set out below. The drafting and consultation process for the project commenced in earnest at the 2nd African & Indian Ocean Regional Conference in Mauritius in August 2012 when about 40 conference participants attended and contributed to a discussion about matters to be included. Consultation with IAP members will continue in the Regional Fora at the 17th Annual Conference in Bangkok at the end of October 2012 and further materials will be placed in the Conference documents provided for all participants. There will also be ongoing consultation by e-mail with select correspondents.

ou are urged to contribute to discussions when the time comes and/or to e-mail Nick and Rosario at the addresses provided above with any suggestions you may have. In particular, we are very keen to receive from members case examples of both good

NEWSLETTER 57

From left to right: Nicholas Cowdery AM QC former DPP New South Wales, Satyajit Boolell, DPP Mauritius, Elizabeth Howe, OBE General Counsel IAP, Domingue Pierre Rosario, Chief Executive Law Reform Commision, Mauritius. Taken following 2nd IAP African and Indian Ocean Regional Conference in Mauritius in August 2012. and bad practice that you may have experienced. They may be used as illustrations in the Manual, suitably anonymised, of course, unless they are matters that have already been well publicised.

his will be a Manual for your assistance – please contribute to making it the most helpful reference possible. DRAFT OUTLINE “THE STATUS AND ROLE OF PROSECUTORS (a Reference Manual)”

CONTENTS FOREWORD INTRODUCTION 1 Prosecution – a brief overview (Including reference to public prosecutors, ad hoc prosecutors, police prosecutors – covering generally all prosecutors in different systems

(common law, civil law and mixed legal systems) and the roles assigned to them in the principal systems around the world.) 2 Extract and list the main general principles and standards of universal application. Part A – Status of Prosecutors 3 Relationship with Police and Investigators 4 Relationship with the Executive Branch of Government 5 Relationship with the Legislature 6 Relationship with the Judiciary 7 Relationship with the Defence and Private Profession 8 Relationship with the Media and the Public 9 Prosecutorial Independence and Accountability; including: finality of decisions; abuse of prosecutorial discretion 10 Directions to Prosecutors (internal and external); including: office policies and guidelines 11 Dealing with Difficulties (eg being subject to an unlawful direc-

PAGE 13

tion, being prevented improperly from pursuing one’s duty, etc) 12 National and International Cooperation 13 Qualification, recruitment, selection, training and continuing professional development, promotion; specialisation; rotation; coordination and case allocation 14 Duties of prosecutors: integrity, honour, dignity of the profession, consistency, diligence, expedition, courtesy, upholding the just rule of law, protection of human rights, impartiality, protection of the public interest, fairness, confidentiality 15 Rights of Prosecutors: security and protection [NB: IAP Best Practice Guidelines], conditions of service, remuneration, tenure 16 Discipline Part B – Role of prosecutors in criminal and court proceedings 17 General Requirements – impartiality, fairness, service to community, protection of human rights, disclosure, cooperation with other agencies 18 Role in the investigation of

crime [mainly civil law systems]; the investigation test; and pretrial role 19 The prosecution test 20 Dealing with evidence illegally or improperly obtained 21 Trial: Exercise of prosecutorial discretion at all stages of the prosecution process 22 Consideration of the interests of victims and witnesses; relationship with witnesses; victims’ participation and familiarisation; reparation/compensation 23 Consideration of the interests of vulnerable persons (juveniles, women – and include special reference to domestic violence – the mentally ill, persons with intellectual or physical disabilities, indigenous peoples); dealing with mentally ill accused persons 24 Prosecutor’s role in sentencing; asset restraint and forfeiture 25 Diversion from prosecution; alternatives to incarceration 26 Improvements to the prosecution process – charge negotiations, expedited hearings, engagement with the defence, involvement in judicial case management, case management, case tracking

Part C – 27 Role of Prosecutors post-conviction and sentencing; control of detention facilities (police custody, prisons, hospitals) APPENDICES ABBREVIATIONS INTERNATIONAL INSTRUMENTS REGIONAL INSTRUMENTS TABLE OF CASES BIBLIOGRAPHY INDEX

Publication of a new book on international criminal law and refugee law Joseph Rikhof, Senior Counsel with the Crimes against Humanity and War Crimes Section of the Department of Justice, Canada, has just published a book entitled ‘The Criminal Refugee: the Treatment of Asylum Seekers with a Criminal Background in International and Domestic Law’. While the book explores the effects of criminality on the ability of asylum seekers to be granted status in countries where they seek refuge, a large portion of the book also examines key concepts of international criminal law, such as the parameters of war crimes, genocide, crimes against humanity and terrorist activities, as well as the notions of extended liability, defences and child soldiers. Both the criminal and the refugee aspects are studied in reference to international institutions and in comparing the nine countries most active in this area. As such the book represents an useful reference guide for both criminal and refugee law practitioners. More information about the book can be found at this website: https://www.rolpub. com/product_info.php?products_id=156&osCsid=nqbar14nngg5mfn2lnobu8nc0.

PAGE 14

NEWSLETTER 57

Combating Transnational Crime in ASEAN Jumpon Phansumrit Expert Public Prosecutor Office of the Attorney General of Thailand

he Association of Southeast Asian Nations, or ASEAN, was established on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration (Bangkok Declaration) by the Founding Members of ASEAN, namely Indonesia, Malaysia, Philippines, Singapore and Thailand. Brunei Darussalam later joined in 1984, Vietnam in 1995, Lao PDR and Myanmar in 1997, and Cambodia in 1999, making up what is today the ten Member States of ASEAN. Timor- Leste is expected to join in the future.

fundamental principle to establish ASEAN is to strengthen the foundation for a prosperous and peaceful community of Southeast Asian Nations. Transnational crime can affect security, economic and social well being of ASEAN and has the potential of deteriorating this principle. ASEAN has realized the threat of transnational crime and taken concerted efforts to combat such crime since early 1970s. The initial efforts in combating transnational crime were focused on drug abuse and drug trafficking. With economic expansion, technological development and more movement of people and resources across borders in the region, transnational crime in ASEAN has diversified, transformed and increased tremendously. Trafficking in Persons, people smuggling, piracy, cybercrime, and environmental crime have been augmented and gained more attention in ASEAN.

NEWSLETTER 57

ccording to the UNODC World Drug Report 2012, the Golden Triangle, area between Myanmar, Lao PDR and Thailand, remained the worldâ&#x20AC;&#x2122;s largest illicit opium producer until the early 1990s, when it was overtaken by Afghanistan. The production in the region currently accounts for over 20 per cent of global production. Heroin produced from opium poppy in Southeast Asia used to be intended for illicit markets in North America, Oceania and Europe. Nowadays, the heroin produced in Southeast Asia is trafficked to and consumed mostly in China. Amphetamine-type stimulants (ATS) is the second most widely used class of drugs worldwide. Methamphetamine seizures in East and Southeast Asia accounting for almost half of the global total in 2010. Significant quantities of ATS continue to be illicitly manufactured in Shan State, in the eastern part of Myanmar in the form of methamphetamine tablets. Drug trafficking has long had close links with transnational organized crime. For decades, a large proportion of the income of transnational organized criminal groups has derived from drug trafficking.

NODC Global Report on Trafficking in Persons 2009 reported that some areas of Southeast Asia, such as the Mekong countries, were destinations for cross-border human trafficking within the Mekong sub-region. At the same time, Southeast Asian origin victims were identified and repatriated from countries within the

region and from at least three other regions, including Southern Africa, Europe and the Middle East. Southeast Asia, especially the Strait of Malacca, has traditionally been piracy hotspot. Although the number of pirate incidents has been dropped, Southeast Asia remains one of the most dangerous areas after Gulf of Aden/Somalia and Gulf of Guinea. Pirates attack mostly tankers and large container ships.

nvironmental Investigation Agency (EIA) reported that serious organized crime in the forestry and timber industries is one of the most pressing environmental issues facing the global community. Driven by the low risks and high profits of a largely unregulated international market for cheap timber and wood products, illegal logging is threatening precious forests from the Amazon, through West and Central Africa, to East Asia. Since the late 1990s, Indonesiaâ&#x20AC;&#x2122;s rainforests have been the victim of one of the biggest environmental crimes. At the height of the problem, 80 per cent of timber coming out of Indonesia was illegal, and the government has estimated that it costs the nation US $4 billion a year.

o enhance regional cooperation in fighting transnational crime, ASEAN held the first meeting of the ASEAN Ministerial Meeting on Transnational Crime (AMMTC) in 1997. The meeting adopted the ASEAN Declaration on Transnational Crime. The Declaration outlined several initiatives for regional cooperation, for instance, conside-

PAGE 15

To contact us

, $ 3 International Association of Prosecutors Hartogstraat 13 2514 EP The Hague The Netherlands Derk Kuipers Secretary-General Evie Sardeman Office Manager Tel.: +31 70 36 30 345 Fax: +31 70 36 30 367 Mobile SG: +31 6 22 19 82 71 Email: sg@iap-association.org Email: om@iap-association.org www.iap-association.org Elizabeth Howe General Counsel IAP PO Box 373 West Malling ME6 9DH United Kingdom Tel.: +44 1732 522828 or mobile +44 7775 937848 Email: elizabeth.howe@cps.gsi.gov.uk Janne Holst HĂźbner Special Assistant to the DPP IAP Communication Manager Frederiksholms Kanal 16 DK-1220 Copenhagen K Denmark Tel.: +45 3343 6734 Email: cm@iap-association.org

ring the establishment of ASEAN Centre,QWHUQDWLRQDO $VVRFLDWLRQ on Combating Transnational RI 3URVHFXWRUV Crime, encouraging networking of relevant national agencies, expan+DUWRJVWUDDW ding the (3 7KH +DJXH scope of member countriesâ&#x20AC;&#x2122; efforts against transnational 7KH 1HWKHUODQGV crime, and exploring ways to work closely with'HUN .XLSHUV external partners and 6HFUHWDU\ *HQHUDO organizations.

(YLH 6DUGHPDQ 2IÂżFH 0DQDJHU

he AMMTC is the highest pol3KRQH icy making organ of ASEAN )D[ in combating transnational crime. It alsoZZZ LDS DVVRFLDWLRQ RUJ coordinates activities of the relevant bodies, such as, the ASEAN Senior Officials on Drug Matters (ASOD) in charge of drug issues, the ASEAN Directors-General of Immigration Department and Heads of Consular Affairs Division of the Ministries of Foreign Affairs (DGICM) dealt with immigration matters including trafficking in persons, the ASEAN Chiefs of National Police (ASEANAPOL) in charge of enforcement and operational aspects, and the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC) directly serves and assists the AMMTC in all related activities.

he SOMTC implements policies and plans adopted by the AMMTC. It developed work programs to implement the ASEAN Plan of Action on Transnational Crime. The program of action establishes a comprehensive strategy against transnational crime, especially illicit drug trafficking, trafficking in persons, arms smuggling, sea piracy, money laundering, terrorism, economic crime and cybercrime. The program introduces activities to strengthen information exchange, legal matters, law enforcement matters, training, institutional capacity building and extraregional cooperation.

SEAN plans to create ASEAN Community in 2015. The Community comprises three pillars,

PAGE 16

namely, Political-Security Commu(OL]DEHWK +RZH nity, Economic Community and *HQHUDO &RXQVHO ,$3 Socio-Cultural Community, all of 32 %R[ which are closely intertwined and :HVW 0DOOLQJ 0( '+ mutually reinforcing for the purpose 8QLWHG .LQJGRP of ensuring durable peace, stability 7HO RU PRELOH and shared prosperity in the region. TheHOL]DEHWK KRZH#FSV JVL JRY XN efforts to combat transnational crime are introduced in the roadmap -DQQH +ROVW +Â EQHU for the ASEAN Community under 6SHFLDO $VVLVWDQW WR WKH '33 the ,$3 &RPPXQLFDWLRQ 0DQDJHU Political-Security Community pillar. )UHGHULNVKROPV .DQDO The roadmap suggests se'. &RSHQKDJHQ . veral actions to effectively counter transnational 'HQPDUN crime, for instance, 7HO ratification of the Treaty on Mutual Legal Assistance in Criminal Matters among ASEAN Member States (ASEAN MLAT), prevention of the illicit production of drugs, close cooperation in border management, and specific capacity building of judges, prosecutors and law enforcement officers.

he 17th IAP Annual Conference and General Meeting to be held in Bangkok, Thailand, this year with a theme â&#x20AC;&#x2DC;Transnational organized crime, its expansion into diverse areas of criminality and the role of the prosecutorâ&#x20AC;&#x2122; is a good forum to strengthen cooperation to fight against transnational crime globally, including in ASEAN. All ten prosecutor services of ASEAN both the IAP members and nonmember guests are invited to participate in the meeting. They will have an opportunity to discuss and exchange their views and practices to counter transnational organized crime with counterparts from outside and within ASEAN. The ASEAN Meeting in the 2nd Session of Special Interest Group Meetings (SIGM) on the third day of the conference is expected to be a good session to closely discuss the ways ASEAN prosecutors should cooperate to effectively tackle transnational crime and assist to create a prosperous and peaceful community of Southeast Asian Nations.

NEWSLETTER 57

IAP Guidelines on Concurrent Criminal Jurisdiction Making the Decision - “Which Jurisdiction Should Prosecute?”

ne of the outcomes of the 15th IAP annual Conference in The Hague in 2010 was a commitment to produce some universal guidelines upon the approach to prosecutions where a crime takes place in concurrent jurisdictions-who has primacy? who wants primacy? There appears to be no universal guidance on this issue, albeit there are some regional examples such as propounded by Eurojust in 2003.

paper has been drawn within the IAP–collating some examples, policies and case law from around the world which needs some refinement and also input from jurisdictions not yet consulted-particularly in the Middle and Far East, Eastern Europe, South America and civil law jurisdictions. Crimes of universal jurisdiction have been excluded from consideration in this instance.

f you are interested in making a contribution-please contact Elizabeth Howe, IAP General Counsel elizabeth.howe@cps.gsi.gov.uk

Unfortunately we had to change our bankaccountnumbers

ue to technical reasons, we – unfortunately - had to change our bank account numbers, so therefore kindly note the following new account numbers with the ABN/AMRO BANK DEN HAAG:

EURO account: Name: St. Treasury International Association of Prosecutors Number: 48.76.76.890 IBAN: NL16ABNA0487676890 USD account: Name: St. Treasury International Association of Prosecutors Number: 48.76.95.097 IBAN: NL23ABNA0487695097 BIC-code for all the accounts: ABNANL2A

e would like to reassure you that payments made to the “old” bank account numbers, will be transferred to the new account numbers. Also, the old numbers will still be operational for a few months, however, we kindly ask you to use the new ones from now on.

NEWSLETTER 57

PAGE 17