0513020105 a Transnational Crime and Terrorism

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The material found in these slides is obtained from the:

ADVANCED WORKSHOP ON ASEAN STUDIES

TEACHING FOR LECTURERS24-27 Apr 2012, Kuala Lumpur, Malaysia

These materials may be freely quoted for educational purposes with properacknowledgement.


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Prof.Vitit Muntarbhorn

Law Faculty, ChulalongkornUniversity, Bangkok


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Cross border crime

Transnational organised crime = 3 plus entities

Laws, policies, enforcement, cooperation


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Illicit drugs

Human trafficking

Arms trafficking

Terrorism

Corruption, money laundering

Piracy/maritime


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Cooperation

ASEAN Centre onTransnational Crime

Expert groups

Presence of ASEANAPOL


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And action plan:

Cooperation against crime and corruption;

Prosecutions Laws, enforcement, ratification of treaties

Cooperation with agencies such as INTERPOL


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- UN Convention against TransnationalOrganised Crime and 3 Protocols on human

trafficking, human smuggling, firearmstrafficking; cooperation, criminalisation,extradition, mutual legal assistance,confiscation of assets, help victims


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Action against transnational (organised) crime

What type of cooperation ?


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2000 UN Convention against corruption:criminalisation, cooperation, whistle blow,trace, track, confiscation of assets, v money

launder, transparency measures


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1976 Declaration of Principles to combat theabuse of narcotic drugs

2000 Bangkok political declaration in pursuit of

a Drug Free ASEAN 2015 Blueprints of ASEAN Communities 2015:

security blueprint and socio-cultural blueprint


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See:

ASEAN Socio-cultural Community Blueprint

2010-15: Drugs Free ASEAN

E.g. prevention, demand reduction,rehabilitation, community awareness

programmes


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1988 Convention against Illicit Traffic inNarcotic Drugs and Psychotrophic Substances;cooperation, search , seizure, confiscation of

assets


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Action against illicit drugs trafficking



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2001 ASEAN Declaration on Joint Action toCounter Terrorism:

information exchange

Cooperation in legal matters Cooperation in law enforcement matters


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Institutional capacity-building

Training

Extra-legal cooperation

Also cooperation with UN SecurityCouncil/counter terrorism committee state

reports to committee


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Convention on offences and certain actscommitted on board aircraft 1963

Convention for the suppression of unlawful

seizure of aircraft 1970 Convention for the suppression of unlawful

acts against safety of civil aviation 1971


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Convention on the prevention and punishmentof crimes against internationally protectedpersons 1973

International Convention against the taking ofhostages 1979

Convention on the physical protection ofnuclear material 1980


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Protocol on the Suppression of unlawful acts ofviolence at airports serving international civil

aviation supplementary to the Convention forthe suppression of unlawful acts against thesafety of civil aviation 1988


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Convention for the suppression of unlawfulacts against the safety of maritime navigation1988

Protocol for the suppression of unlawful actsagainst the safety of fixed platforms located onthe continental shelf 1988

Convention on the marking of plasticexplosives for the purpose of detection 1991


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International Convention for the suppression ofterrorist bombings 1997

International Convention for the suppression ofthe financing of terrorism 1999

International Convention for the suppression of

acts of nuclear terrorism 2005


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Offence: per offences in the UN treaties such asthe 1999 Financing of Terrorism Convention

Sovereignty

Convention not apply where offender commitsoffence in a State party, is a national of thatState and is present there (not affecting otherStates)


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Take necessary steps to prevent, e.g. earlywarning

Prevent from using territories of members

Prevent and suppress financing of terrorist acts Prevent movement of terrorists


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Promote capacity building

Promote public awareness

Enhance cross border cooperation

Exchange intelligence

Regional databases

Capacity against chemical, biolog, radiological,

nuclear terrorism, cyber terrorism..


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Research

Video conf

Planners, financiers are brought to justice

Fair treatment: human rights


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Not refugee status if terrorist

Rehabilitative programmes

Mutual legal assistance

extradition


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Action against Terrorism



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scope:

Assistance in investigations, prosecutions andresulting proceedings.

Coverage: Article 1(2):

(a) taking of evidence or obtaining voluntary

statements from persons;


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(b) making arrangements for persons to giveevidence or to assist in criminal matters;

(c) effective service of judicial documents;

(d) executing searchers and seizures; (e) examining objects and sites;

(f) providing original or certified copies of

relevant documents


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(g) identifying or tracing property derivedfrom the commission of an offence

(h) restraining of dealings in property or

freezing of property derived from commissionof an offence

(i) recovery, forfeiture or confiscation ofproperty derived from commission of anoffence


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(j) locating and identifying witnesses andsuspects

(k) other assistance consistent with the treaty


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Designation of central authorities

Protection of confidentiality

Obtaining of evidence

Right to decline to give evidence

Safe conduct ( of persons giving evidence)

Search and seizure

Service of documents


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Assistance in forfeiture proceedings

consultations


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Action for mutual legal assistance in criminalmatters



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Law enforcers local

ASEANAPOL

Community vigilance


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Laws

Policies

Programmes/practices

Mechanisms/personnel

Resources material and non-material


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Education

Capacity building

Monitoring and information tracking

Networking/cooperation/participation

ASEAN CharterRules-based

organisation.Rule of Law, not Rule by Law!

THANK YOU!


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WITH THE SUPPORT OF

Documents

0513020105 a Transnational Crime and Terrorism