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Commission of Crime Prevention and Criminal Justice

TOPIC B: STRATEGIES AND PRACTICAL MEASURES TO STRENGTHEN THE CAPACITY OF PROSECUTION SERVICES IN DEALING WITH TRANSNATIONAL ORGANIZED CRIME, TERRORISM AND CORRUPTION.
Transnational organized crime Is considered as one of the major threats to human security, impeding the social, economic, political and cultural development of societies worldwide. It is a multi-faceted phenomenon and has manifested itself in different activities, among others, drug trafficking, trafficking in human beings; trafficking in firearms; smuggling of migrants; money laundering; etc. In particular drug trafficking is one of the main activities of organized crime groups, generating enormous profits. UNODC works closely with Governments, international organizations and civil society to strengthen cooperation to counter the pervasive influence of organized crime and drug trafficking. The United Nations Convention against Transnational Organized Crime is the main international instrument to counter organized crime. The Anti-Organized Crime and Law Enforcement Unit has developed various project initiatives aimed at training law enforcement personnel, including police investigators, prosecutors and judges, intelligence analysts and customs officials. In line with the provisions of the Convention, these projects examine best practice to counter organized crime addressing investigations, international cooperation, protection of witnesses, prevention of organized crime and anti-organized crime legislation. Terrorism An act of terrorism is the peacetime equivalent of a war crime. Is an anxiety-inspiring method of repeated violent action, employed by (semi-) clandestine individual, group or state actors, for idiosyncratic, criminal or political reasons, whereby — in contrast to assassination — the direct targets of violence are not the main targets. Another definition is the unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons. Corruption Is a general concept describing any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The term “corruption” is used as a shorthand reference for a large range of illicit or illegal activities. Although there is no universal

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COLONMUN 2008
Commission of Crime Prevention and Criminal Justice or comprehensive definition as to what constitutes corrupt behavior, the most prominent definitions share a common emphasis upon the abuse of public power or position for personal advantage. Some definitions are: “perversion or destruction of integrity in the discharge of public duties by bribery or favor” , “inducement to wrong by improper or unlawful means (as bribery).” The succinct definition utilized by the World Bank is “the abuse of public office for private gain.” This definition is similar to that employed by Transparency International (TI), the leading NGO in the global anticorruption effort: “Corruption involves behavior on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of the public power entrusted to them.” International Cooperation Cooperation at the international level is essential to combat the illicit drug trade and transnational organized crime. The Anti-Organized Crime and Law Enforcement Unit assists donor States and bi-lateral donor countries in identifying recipient needs through the provision of a Law Enforcement Training and Assistance Database. In addition, it acts as a liaison with international partners, such as Interpol, Europol and the World Customs Organization, as well as with regional partners such as Europol and the Southeast European Cooperative Initiative (SECI), the Regional Centre for Combating Transborder Crime. The Section also actively contributes to conferences, meetings and specialized workshops, promoting the implementation of the international drugs and crime control conventions and the technical work of UNODC. Border Control UNODC has implemented a number of successful border control initiatives in different regions, based around the establishment of Border Liaison Offices (BLO). The programme supports countries which share long common borders, view each other with traditional reserve making cross-border communication difficult and, whose front-line enforcement agencies operate with quite limited equipment. The initiative builds trust and dialogue between the opposing border control agencies on shared borders, leading to their empowerment to act and respond quickly and in concert to requests for mutual assistance or information exchange without having to refer all decisions back to Headquarters. The results have included the building of confidence, trust and communication between border agencies; regular meetings between senior staff from both sides growth of spontaneous information exchange about the movement of goods, suspects and vehicles across common borders; development of joint operations / patrols / surveillance of common trafficking targets Regular activity reports to respective capitals and Headquarters ensure that politicians and senior officials are well briefed on border activities. The programme is human resource focused, - 2-

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Commission of Crime Prevention and Criminal Justice quite low tech (but can be as sophisticated and expensive as funding will allow for) and once established, self-sustaining. Implementation leads to an increase of knowledge available about border operations, persons, goods, vehicles, vessels etc and so strengthens effective management of these areas. Container Control Pilot Project Increased participation in growing international trade is an essential part of sustainable development, however many developing countries do not have the capacity to establish effective trade security and facilitation standards at their ports, handling terminals and borders. Freight containers are an important part of the trade supply chain, however a number are being used to smuggle illicit drugs, precursor chemicals, weapons, explosives and other contraband. There is also a risk that they could also be used for direct terrorist attacks. The UNODC Container Control Pilot Programme (pdf brochure), which is coordinated by the AOCLEU, aims to assist Governments initially in Ecuador and Senegal to establish effective container controls that will serve not only to prevent drug trafficking and other illicit activity but also to facilitate legitimate trade and raise state revenues. Dedicated port control units, comprising customs and enforcement officers, are being created at selected locations and staff trained and equipped to identify and inspect high-risk freight containers with minimum disruption to legitimate trade and business. The control units have regular access to experts and specialist mentor services and are encouraged to forge partnerships and links with the trade and business community. The project aims to develop closer cooperation and information exchange mechanisms not only between those participating in this project but also with other ports and drug control agencies. Plans to expand the programme to Pakistan and Ghana are in place. Establishment of a Central Asian Regional Information and Coordination Centre (CARICC) During the past decade, there has been an increase in the smuggling of the illicit Afghan opium and heroin through Central Asia. As part of the UNODC response to assist the law enforcement agencies of the Central Asian States to introduce an intelligence le d approach to counter the problem of drug trafficking and organized crime and to improve cooperation between these agencies, UNODC is assisting in establishing a Central Asian Regional Information and Coordination Centre (CARICC). In order to ensure that information regarding cross border criminal activities is acted upon swiftly, the Centre will be staffed by liaison officers from law enforcement agencies of the member states. The Centre will serve as a regional focal point for communication, analysis and exchange of operational information in "real time" on cross-border crime, as well as a centre for organization and coordination of joint operations. As a result, the effectiveness and cooperation between competent authorities in Member States in preventing and combating cross-border drug trafficking and international drug-related organized crime will be greatly strengthened.

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Commission of Crime Prevention and Criminal Justice Under the project will come renovated premises, provision of expert training and new operational equipment. United Nations Convention against Corruption Corruption can be prosecuted after the fact, but first and foremost, it requires prevention. An entire chapter of the Convention is dedicated to prevention, with measures directed at both the public and private sectors. These include model preventive policies, such as the establishment of anticorruption bodies and enhanced transparency in the financing of election campaigns and political parties. States must endeavour to ensure that their public services are subject to safeguards that promote efficiency, transparency and recruitment based on merit. Once recruited, public servants should be subject to codes of conduct, requirements for financial and other disclosures, and appropriate disciplinary measures. Transparency and accountability in matters of public finance must also be promoted, and specific requirements are established for the prevention of corruption, in the particularly critical areas of the public sector, such as the judiciary and public procurement. Those who use public services must expect a high standard of conduct from their public servants. Preventing public corruption also requires an effort from all members of society at large. For these reasons, the Convention calls on countries to promote actively the involvement of non-governmental and community-based organizations, as well as other elements of civil society, and to raise public awareness of corruption and what can be done about it. Article 5 of the Convention enjoins each State Party to establish and promote effective practices aimed at the prevention of corruption. The Global Programme against Corruption Corruption undermines democratic institutions, retards economic development and contributes to government instability. Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law, and creating bureaucratic quagmires whose only reason for existence is the soliciting of bribes. Economic development is stunted because outside direct investment is discouraged and small businesses within the country often find it impossible to overcome the "start-up costs" required because of corruption. The Global Programme against Corruption (GPAC) is a catalyst and a resource to help countries effectively implement the provision of the UN Convention against Corruption.

National Anti-Corruption Agencies
Argentina China Mexico Brazil Indonesia South Africa Colombia Korea USA

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Commission of Crime Prevention and Criminal Justice The INTERPOL Expert Group on Corruption (IGEC) An outgrowth of the first International Conference on Corruption-related Crime, held at the INTERPOL General Secretariat in Lyon in April 1998, has been mandated by the INTERPOL General Assembly to develop and implement various new anti-corruption initiatives to further law enforcement’s efficiency in the fight against corruption. The IGEC is a multi-disciplinary group representing all of INTERPOL’s regions which facilitates the co-ordination and harmonization of the different national and regional approaches to combating corruption. In addition, the group includes a host of other international stakeholders in the global anti-corruption campaign. The rationale underlying this structure is the general belief that law enforcement should combat corruption as a phenomenon holistically, in co-operation with all major players and the community at large. The IGEC is currently chaired by Mark Gough, Deputy Director, Investigations Division, Office of Internal Oversight Services at the United Nations, and is comprised of experts representing Austria, Australia, Canada, Egypt, Hong Kong (China), Malaysia, Mexico, Thailand, the United Kingdom and the United States, plus the European Commission, the Inter-American Development Bank, Transparency International, the University of Ottawa and the INTERPOL General Secretariat. Global action against terrorism Terrorism has been of concern to the international community since 1937 when the League of Nations elaborated the Convention for the Prevention and Punishment of Terrorism. Subsequently, the United Nations and regional inter-governmental organizations have dealt with terrorism from a legal and political perspective. Since 1963, the international community has elaborated universal legal instruments related to the prevention and suppression of international terrorism, which constitute the universal legal regime against terrorism. Countries with large terrorism presence Terrorists have long found refuge in countries and in many cases worked hand in hand with the local governments. Today several countries continue to attract terrorists for training and consipiring their attacks. The host countries do not try to disassociate themselves fully from their ties to terrorism and in some cases continue to provide tacit support and use terror to accomplish broader objectives. Some of the countries with significant terrorist operations include:

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Commission of Crime Prevention and Criminal Justice Pakistan has long been a staging ground and planning centre for Islamic terrorists operating in South Asia. After the launch of Operation Enduring Freedom, thousands of terrorists were either killed or driven out of Afghansistan, mostly finding refuge in Pakistan. Pakistan and its secret service (ISI) have also been accused of training and funding several terrorist groups operating in Indian Kashmir. To many the links are clear, since the the terrorist groups based in Pakistan operate in plain sight and have a distinct Indian focus. More recently, groups aligned with Al Qaeda and based in Pakistan have been responsbile for numerous terrorist attacks in Afghanistan. Some of these terror groups include Lashkar-e-Taiba, Jaish-e-Muhammad, Lashkar-e-Jhangvi, Al Qaeda, Tehreek-e-Jaferia, Sipah-e-Sahaba, Al Badr, Harkat ul-Ansar, Hizb-ul-Mujahideen, Tehreek-e-Nafaz-e-Shariat-e-Mohammadi, Jamaat ul-Fuqra and Muslim United Army. Syria Even as Syria continues to reduce its presence in Lebanaon, it also continues to fund and host Palestinian and possibly Iraqi terrorist organizations. HAMAS, the PIJ, the Popular Front for the Liberation of Palestine-General Command, and the Popular Front for the Liberation of Palestine continue to operate from Syria. Sudan The African country of Sudan been a training hub and safe haven for members of several of the more violent international terrorist and radical Islamic groups of the last decade. Among the terror groups known to have operated from Sudan are Hezbollah (Party of God), Palestine Islamic Jihad, Abu Nidal Organization, HAMAS (Islamic Resistance Movement) and several smaller Islamic insurgent groups operating regionally in Ethiopia, Eritrea, Uganda, and Tunisia. Countries with large organized crime presence China Asian crime gangs have become formidable international actors-and international threats. These societies control the multibillion-dollar illegal economies of heroin trafficking, prostitution, gambling, extortion, money laundering, and alien smuggling-both in Asia and increasingly in the West. Economic difficulties within China compel unemployed, frustrated people to buy into the myth of a better life in the West. As poverty continues to deliver eager emigres into the hands of professional smugglers or "snakeheads," Western nations find themselves unprepared to fight the elusive and impenetrable Chinese "triads."

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Commission of Crime Prevention and Criminal Justice Colombia Colombia has become notorious for its illicit drug production, kidnappings, and murder rate. In the 1990s, it became the world's largest producer of cocaine and coca derivatives.

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