ASEAN v Transnational Crime and Terrorism…..an Introduction

1. ASEAN v Transnational Crime and Terrorism…..an Introduction Prof.Vitit Muntarbhorn Law Faculty, Chulalongkorn University, Bangkok

2. Cross border crime • Transnational organised crime = 3 plus entities • Laws, policies, enforcement, cooperation

3. Cases/categories • Illicit drugs • Human trafficking • Arms trafficking • Terrorism • Corruption, money laundering • Piracy/maritime………

4. 1997 ASEAN Declaration on Transnational Crime • Cooperation • ASEAN Centre onTransnational Crime • Expert groups • Presence of ASEANAPOL

5. 1998 Manila Declaration on the Prevention and Control of Transnational crime • And action plan: • Cooperation against crime and corruption; • Prosecutions • Laws, enforcement, ratification of treaties • Cooperation with agencies such as INTERPOL

6. Accession to international treaties ? - UN Convention against Transnational Organised Crime and 3 Protocols on human trafficking, human smuggling, firearms trafficking; cooperation, criminalisation, extradition, mutual legal assistance, confiscation of assets, help victims

7. Case • Action against transnational (organised) crime • What type of cooperation ?

8. Other Relevant Conventions • 2000 UN Convention against corruption: criminalisation, cooperation, whistle blow, trace, track, confiscation of assets, v money launder, transparency measures

9. Drugs • 1976 Declaration of Principles to combat the abuse 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

10. See: • ASEAN Socio-cultural Community Blueprint 2010-15: Drugs Free ASEAN • E.g. prevention, demand reduction, rehabilitation, community awareness programmes……

11. Accession to international treaties ? • 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances; cooperation, search , seizure, confiscation of assets

12. Case • Action against illicit drugs trafficking • What type of cooperation ?

13. Terrorism • 2001 ASEAN Declaration on Joint Action to Counter Terrorism: • information exchange • Cooperation in legal matters • Cooperation in law enforcement matters

14. Institutional capacity-building • Training • Extra-legal cooperation • Also cooperation with UN Security Council/counter terrorism committee – state reports to committee

15. Accession to international treaties ? • Convention on offences and certain acts committed 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

16. Convention on the prevention and punishment of crimes against internationally protected persons 1973 • International Convention against the taking of hostages 1979 • Convention on the physical protection of nuclear material 1980

17. Protocol on the Suppression of unlawful acts of violence at airports serving international civil aviation supplementary to the Convention for the suppression of unlawful acts against the safety of civil aviation 1988

18. Convention for the suppression of unlawful acts against the safety of maritime navigation 1988 • Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf 1988 • Convention on the marking of plastic explosives for the purpose of detection 1991

19. International Convention for the suppression of terrorist bombings 1997 • International Convention for the suppression of the financing of terrorism 1999 • International Convention for the suppression of acts of nuclear terrorism 2005

20. ASEAN Convention on Counter Terrorism • Offence: per offences in the UN treaties such as the 1999 Financing of Terrorism Convention • Sovereignty • Convention not apply where offender commits offence in a State party, is a national of that State and is present there (not affecting other States)

21. Cooperation under ASEAN Convention • Take necessary steps to prevent, e.g. early warning • Prevent from using territories of members • Prevent and suppress financing of terrorist acts • Prevent movement of terrorists

22. Promote capacity building • Promote public awareness • Enhance cross border cooperation • Exchange intelligence • Regional databases • Capacity against chemical, biolog, radiological, nuclear terrorism, cyber terrorism..

23. Research • Video conf • Planners, financiers are brought to justice • Fair treatment: human rights

24. Not refugee status if terrorist • Rehabilitative programmes • Mutual legal assistance • extradition

25. CASE • Action against Terrorism • What type of cooperation ?

26. ASEAN Treaty on Mutual Legal Assistance in Criminal Matters • scope: Assistance in investigations, prosecutions and resulting proceedings. • Coverage: • Article 1(2): • (a) taking of evidence or obtaining voluntary statements from persons;

27. (b) making arrangements for persons to give evidence 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…

28. (g) identifying or tracing property derived from the commission of an offence… • (h) restraining of dealings in property or freezing of property derived from commission of an offence • (i) recovery, forfeiture or confiscation of property derived from commission of an offence

29. (j) locating and identifying witnesses and suspects • (k) other assistance consistent with the treaty

30. 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

31. Assistance in forfeiture proceedings • consultations

32. Case • Action for mutual legal assistance in criminal matters • What type of cooperation ?

33. NB • Law enforcers – local • ASEANAPOL • Community vigilance

34. Implementation Measures • Laws • Policies • Programmes/practices • Mechanisms/personnel • Resources –material and non-material

35. Education • Capacity building • Monitoring and information tracking • Networking/cooperation/participation • ASEAN Charter…Rules-based organisation….Rule of Law, not Rule by Law! THANK YOU!