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FIFTH, I) ~ ~ "UNITED ~ATIONS CQNGUSS ~ ON THE . c . PREVENrrIONOF CRIME

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" UNITED NATIONS

o AlCONF.56lI0

FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS

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," FJIFTH UNITED NATIONS CONGRESS

.. ON THE ,,' . '~ PREVENTION OF CRIME AND THE (I. TREATMENT OF OFIFJENDEIRS o

Geneva, 1-12 September 1975

Report prepared by the Secretariat

r, UNITED NATIONS New York, 1976

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CONTENTS ',I Chapter Paragraphs Page ,I I. MATTERS CALLING FOR ACTION BY OR BROUGHT TO THE ATTENTION OF LEGISLATIVE BODIES OF THE UNITED NATIONS ...... , ..••.. 1-40 NOTE Matters calling for action by the General Assembly ...... 2-5 Matters calling for action by or brought to the attention of the Committee Symbols of United Nations documents are composed of capital letters com­ on Crime Prevention and Control, ...... 6-25 2 bined with figures. Mention of such a symbol indicates a reference to a United Matters calling for action by or brought to the attention of functional com- Nations document. missions of the Economic and Social Council ...... 26-32 7 The designations employed and the presentation of material in this publication Matters calling for action by or brought to the attention of other bodies or do not imply the expression of any opinion whatsoever on the part of the Secreta­ agencies ...... , ...... , ... . 33-36 8 riat of the United Nations concerning the legal status of any country! territory, city Matters calling for action by or brought to the attention of specialized agen- or area or of its authorities, or concerning the delimitation ofits frontiers or bounda- cies ...... , ... . 37-40 8 ries. II. DELIBERATIONS OF THE CONGRESS ...... 41-375 9 Opening Plenary meeting ...... 41-47 9 Reports on the discussions ...... 48-371 9 Agenda item 5. Changes in forms and dimensions of criminality-trans­ national and national Rapporteur: H. Fragoso (Brazil) ...... 48-115 9 Agenda item 6. Criminal legislation, judicial procedures and other forms of social control in the prevention of crime Rapporteur: S. C. Versele (Belgium) ...... , ...... 116-192 18 Agenda item 7. The emerging roles of the police and other law enforce­ ment agencies, with special reference to changing expectatiuns and minimum standards of performance Rapporteur: P. J. Stead (United Kingdom of Great Britain and Northern Ireland) ...... 193-259 25 Agenda item 8. The treatment of offenders, in custody or in the commu­ nity, with special reference to the implementation of the Standard Mini­ [ A/CONF.56/l0 mum Rules for the Treatment of Prisoners adopted by the United Na­ tions Rapporteur: V. N. Pillai (Sri Lanka) ...... 260-301 32 Agenda item 9. Economic and social consequences of crime: new chal­ lenges for research and planning Rapporteur: W. Woodham (Jamaica) ...... 302-371 41 Closing plenary meeting ...... 372-375 51 III. REPORT OF THE GENERAL RAPPORTE UR ...•...... •...... •...• 376-393 52 IV. SUMMARIES OF LECTURES ...... •....•...... •.... 394-431 55 Criminality, work and leisure time ...... 394-398 55 Developing a stable base for criminal justice planning ...... 399-408 55 Offences against the economy ...... 409-410 56 Crime prevention and the scientific and technical revolution ...... 411-422 56 Tasks of the United Nations national correspondents ...... 423-431 57 ORGANIZATION OF THE CONGRESS ....•....•....•.....•.•..•••.•.•.... 432-471 59 m,lTED NA TrONS PUBLICATION V. Terms of reference ...... 432-433 59 Sales No. E.76.IV.2 Preparation ...... 434-440 59 Participation ...... 441-450 59 Agenda ...... 451-453 60 Price: $U.S. 5.00 Documentation ...... 454-455 60 (or equivalent in other cUITencies) Officers ...... , ...... 456-460 61

iii CONTENTS (continued)

Chapter Paragraphs Page

Organizaticrr, of work ...... " .... ,., ...... , .. 461-464 63 SmaH-group meetings ...... 465-470 64 Workshop on evaluative research ...... 471 64 Chapter I

Ann('xes MATTERS CALLING FOR ACTION BY OR BROUGHT TO THE ATTENTION OF LEGISLATIVE BODIES OF THE UNITED NATIONS 1. List of participants ...... 65 1. The Fifth United Nations Congress on the Pre­ police experts in preparation for the Congress and sub­ II. Rules of procedure of the Congress ...... 79 vention of Crime and the Treatment of Offenders, held mitted to it as annex III of a working paper on the III. List of documents ...... ,',." .. "., ...... 82 at Geneva from 1 to 12 September 1975, singl1ed out the emerging roles of the police (A/CONF .56/5), as well as following matters as those calling for action by legisla­ other models for law enforcement codes of ethics. The tive bodies of the United Nations or to be brought to Congress decided that the General Assembly be re­ their attention. They are listed under the corresponding quested to establish a committee of experts to study the headings, with reference in parentheses to the relevant question and that the Asserilblymight wish to consider chapters and paragraphs of the present report. the feasibility of regional groups dra{ting preliminary documents for the use of the committee. 2 The Declara- Matters calling for action or brought to the . tion on the Protection of All Persons from being sub­ attention of the General Assembly jected to Torture and Other Cruel, Inhuman or Degrad­ ing Treatment and Punishment was deemed to be an DECLARATION ON THE PROTECTION Of< ALL PERSONS integral part of the future code of conduct for law en­ FROM BEING SUBJECTED TO TORTURE AND OTHER forcement officials. CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (Chap. II, paras. 290-301) VIOLENCE OF TRANSNATIONAL AND COMPARATIVE INTERNATIONAL SIGNIFICANCE (Chap. II, paras. 2. Pursuant to General Assembly resolution 3218 84-95) (XXIX), in paragraph 4 of which the Assembly re­ quested the Fifth United Nations Congress on the Pre­ 4. At the thirtieth session, on 15 December 1975, vention of Crime and the Treatment of Offenders to the General Assembly decided by consensus, on the consider the steps to be taken for the protection of all recommendation of the Sixth Committee, "that the persons subjected to any form of detention or implis­ item entitled 'Measures to prevent international ter­ onment against torture and other cruel, inhuman or rorism which endangers or takes innocent human lives degrading treatment or punishment and to report to it or jeopardizes fundamental freedoms, and study of the thereon at its thirtieth session, the Congress adopted a underlying causes of those forms of terrorism and acts resolution in which it recommended that the General of violence which lie in misery, frustration, grievance Assembly adopt the Declaration on the Protection of and despair and which cause some people to sacrifice All Persons from being SUbjected to Torture and Other human lives, including their own, in an attempt to effect Cruel, Inhuman or Degrading Treatment or radical changes' should be included in the provisional Punishment. 1 agenda of its thirty-first session", In that connexion, [For the text of the Declaration, see paragraph 300.] the attention of the General Assembly is drawn to the conclusions and recommendations of the Congress re­ INTERNATIONAL CODE OF POLICE ETHICS lating to violence of transnational and comparative in­ (Chap. II, paras. 254-258) ternational significance. S. The conclusions and recommendations of the 3. In paragraph 3 of its resolution 3218 (XXIX), the Congress as a whole will be submitted to the General General Assembly requested the Fifth United Nations Assembly for its consideration at the thirty-second ses­ Congress on the Prevention of Crime and the Treat­ sion through the regular channels involving the Com­ ment of Offenders to give urgent attention, under item 3 mittee on Crime Prevention and Control, the Commis­ of its agenda, to the question of the development of an sion for Social Development and the Economic and international code of ethics for police and related law Social Council. enforcement agencies, after taking into account the consideration given to that question by the Committee 2 The General Assembly, at the thirtieth session, considered the on Crime Prevention and Control in pursuance of report of the Congress on the issue of an international code of conduct Economic and Social Council resolution 1794 (LIV). for law enforcement officials and by its resolution 3453 (XXX), paragraph 3, requested the Committee on Crime Prevention and Con­ The Congress considered the draft international code of trol to elaborate, on the basis of, inter alia, the proposals presented to police ethics which was drawn up by a working group of and conclusions arrived at by the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, a code of I The General Assembly, at its thirtieth session, unanimously conduct for law enforcement officials, and to submit that draft code to adopted the Declaration, changing the word "principles" in article 2 the General Assembly at the thirty-second session through the Com­ of the draft Declaration to the word "purposes" (see General Assem­ mission for Social Development and the Economic and Social bly resolution 3452 (XXX». Council.

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Matters calling for action by or brought to the attention tural objects, including particulars of national legisla­ (c) With regard to preventive measures, the Con­ terrorism. The need for a clear-cut definition of ter­ of the Committee on Crime Prevention and Control tion designed to facilitate recovery of property which gress stressed that those were to be preferred, including rorisl'll was emphasized by those participants who had been the object of illicit traffic and to deal effec­ the provision of meaningful and suitable information to wished to distinguish between transnational violence of 6. The theme of the Fifth United Nations Congress tively with those who engage in theft or destruction of those responsible for dealing w:,h p0:,ulation groups an extended but essentially criminal type and the opera­ on the Preventiun of Crime and the Treatment of Of­ cultu ral property. Such protection might be effected most at risk. Such action shoulc. include thl:: preparation tion of national liberation organizations. In such a defi­ fenders having been established as crime prevention through the imposition of licensing requirements for and distribution of appropriate educational material nition they wished to make the motivation of the actor and control-the challenge of the last quarter of the auctioneers and dealers in antiques and the possible and leisure-time programmes for juveniles. the crucial distinguishing element. The concern of century, the programme had been structured in such a development of a C()J~ of ethics for professional art others was with the innocence of victims who often had manner as to provide the Committee on Crime Preven­ dealers. On the international level, the Congress called Interpersonal violellce (Chap. Il, paras. 78-83) no connex.ion with the parties in the struggle as the tion and Control with the largest possible amount of for wider ratification, acceptance or adherence to the primary distinguishing factor. 1970 Convention on the Means of Prohibiting and Pre­ information and the largest number of findings and sug­ 11. The Congress adopted the following conclu­ 13. The participants were agreed on the need for venting the Illicit Import, Export and Transfer of Own~ gestions on the basis of which it could prepare its report sions and recommendations in regard to interpersonal international and multilateral action to rid the world of ership of Cultural Property. on the methods and ways likely to be most effective in violence: all forms of international violence; but there was also preventing crime and improving the treatment of offen­ (a) The increase in violent behaviour should be agreement that politically inspired violence, committed den;, including recommendations on the measures most Criminality associa ted with alcoholism and drug abuse (Chap. II, paras. 65-77) analysed in the broader context of the social, economic for the sake of gaining national independence or ethnic appropriate in such areas as law enforcement, judicial and political problems facing contemporary com­ recognition or security, could not be expected to recede procedures and correctional practices (see General As­ 10. The Congress selected the following priority munities in many parts of the world; until the underlying causes had been satisfactorily dealt sembly resolution 3021 (XXVII), para. 8), commonly areas for consideration with a view to appropriate ac­ with. I referred to as the international plan of action, which (b) Research should be initiated to ascertain. whether tion: was intended to guide the crime prevention policies of there is a relation between development and violent 14. In addition, there was agreement that measures the United Nations and of the States Members through (a) With respect to illicit traffic, (1) the drafting of an crime. Special attention should be paid to such effects should be studied with a view to strengthening the thc remainder of the tWt!ntieth century. international convention on judicial assistance and the as might be produced by the rapid social change taking forces of cIiminal justice against the first two types of improvement of extradition procedures at both the place in various countries, the disintegration of tradi­ terrorism by (a) extending universal jurisdiction to all 7. The Congress considered the scope of action to bilateral and multilateral levels by reviewing and tional community rules and values, the discrimination such crimes (as alreaay existed in the case of air I be undertaken at various levels, including the interna­ amending existing extradition treaties or the conclusion against particular ethnic groups, the decline in oppor­ piracy)-for example, the taking of innocent persons as tional, regional and national, and also, particularly of new ones which would include drug offences as tunities for constructive adjustment to the social envi­ hostages and attacks against public buildings with I under items 5,6 and 9 of the agenda, raised issues and extraditable offences, and the possible elaboration of ronment and, in general, the shortcomings of economic explosives-especiaUy if thos~ crimes endangered the ! made recommendations cutting across the various as­ an international convention in that respect; and social structures; lives of innocent persons; (b) ':ltrengthening extradi~ pects of criminal justice and having broader policy and (2) consideration of illicit traffic in drugs as a transna­ tion laws and observing them more (;ompletely; and planning implications. The following recommenda­ (c) Special attention should be paid to the factors ) tional crime, to be included in a list of transnational contributing to the violent behaviour of many young (c) strengthening the technical co 'GiJcration of agencies tions, listed under the respective agenda items. merit crimes to be drawn up by the United Nations; such as the International Criminal Police Organization the special attention of the Committee on Crime Pre­ people in various parts of the world. In particular it (3) ensuring, in conformity with national legislation, would be well to consider how far violent behaviour in (INTERPOL) by increasing both the number of nations vention and Control for action at its fourth session, to that drug offenders, having been convicted in one coun­ participating and the mutual exchange of information. be held from 21 June to 2 July 1976. its myriad manifestations reflected a f' ...1ure or absence try but having escaped, served the sentence in the coun­ of national youth policies. It was deemed particularly It was proposed, furthermore, that the United Nations try in which they had taken refuge or were found, if desirable to examine how far the interests and anxieties should arrange for a commentary on all relevant inter­ CHANGES IN FORMS AND DIMENSIONS OF CRIMINALITY extradition were not feasible; (4) the sharing of all of young people were taken into consideration and met national conventions, which would ensure that all were -TRANSNATIONAL AND NATIONAL (Chap. II, knowledge in the law enforcement field and exchange fully understood and their scientific and legal validity paras. 48-115) by the social policy in force and what real share they of relevant information, in particular concerning new have had in the adoption of decisions designed to solve clarified. methods and routes used by illicit traffickers; major national problems; Crime as business: organized crime, white-collar crime (5) improvement of the mechanisms for expeditiously Crimillality related to motorized traffic and corruption (Chap. 1/, paras. 51-59 and 301-371) disseminating and receiving evidence concerning drug (d) The problem of violent behaviour, because of the (Chap. II, paras". 96 and 97) offenders; (6) strengthening of all forms of border con­ damage and anxiety it causes, should r(;!ceive priority consideration in the formulation and application of na­ 8. In its recommendation on the issue of crime as trol; (7) ensuring, by whatever possible means, that 15. The discussion on criminality related to convicted traffickers might not take refuge in other tional policies of crime prevention. In particular, every business the Congress called, infer alia, for the provi­ effort should be made to prevent the d(;velopment of motorized traffic led to conclusions and recommenda­ sion of more information about economic criminality countries; (8) the desirability of increasing penalties social conditions conducive to violence. The family, tions in two main categories. With regard to the crimi­ and for special studies. on such issues as corruption and for illicit traffickers and of decreasing penalties of users the educational system, community organizations and nal justice system, it was recommended that (a) minor smuggling, in view of the extremely detrimental effect or possessors of small quantities of drugs for personal the mass communication media should take a more traffic offences should be decriminalizt~d or at least of such practices on national economies and interna­ use if a Government considered use and/or possession effective part in that work of prevention. dealt with in a simplified manner; (b) the police should tional trade, particularly in developing countries; legis­ as punishable offences; (9) the possible destruction of be relieved of the duty of controlling parking and of lation against national and transnational abuses of seized drugs and relevant material connected with illicit related tasks in order to enable them to concentrate economic power in the exercise of commercial activity activities and not needed for legitimate purposes under Violence of transnatiollal and comparative intel'llational significance (Chap. II, paras. 84-95) their efforts on serious and dangerous offences, and by national and transnational enterprises; greater par­ strict supervision; and (10) ensuring that any national that they should make greater use of technological aids; ticipation of shm'cholders in the affairs of major corpo­ drug policy-such as decriminalization of activities 12. It was suggested that acts currently descIibed (c) traffic law enforcement should not be obstructed by rations or of workers in public enterprises; the estab­ concerning cannabis sativa-did not adversely affect as "terrorism" or as "terrorist" in nature could be national boundaries; (d) sentencing practices should be lishment of national securities and exchange commis­ the drug control situation in neighbouring countries and classified into three types: first, acts committed by an standardized to reflect the reality of international mass sions or other administrative bodies and possibly the at the international level; individual in an international situation, for instance the travel; (e) national criminaljudgements should be valid establishment of a similar body at the international (b) With respect to drug abuse, the Congress held unlawful interference with an aircraft in flight, whether in other coun tries whenever proced ures might be trans­ level. that since it formed part of the general public health intended for personal gain or because of psychopathol­ ferred on the basis of treaties and conventions; and problem, preference should be given to measures of ogy; secondly, acts similar to the first but committed by (j) short-term imprisonment should be avoided as far as Offences im'olving works of art and other cultural treatment and social reintegration of drug abusers and groups; thirdly, acts which appeared similar to the first possible and, in line with the urgent need for alterna­ property (Chap. II, paras. 60-64) addicts, and that penal measures, if not excluded, two but which were committed to further not the pri­ tives, unconventional methods should be developed. should in no way prevent the application of these meas­ va te ends of the actors but some cause to which they fel t 16. Outside the criminal justice system, 9. The Congress stressed the need for better ex­ ures and should be restricted to ensuring their applica­ committed. It was also suggested that acts oflegitimate (a) diversified driver-education programmes should be change of information concerni ng the protection of cul- tion, if appropriate; resistance against occupation shoul<;i not be regarded as organized; (b) manufacturers of motor vehicles should

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improve existing safety features and develop new ones, Forecasting of crime and crime control problems U) The United Nations had a special role to play in (b). A broad range of supporting after-care services the use of safety devices should be encoumged and (Chap. II, paras. ill-Jl5) providing useful information and technical assistance an.d greut~r community im, .lvement in facilitating the expanded, and legislation to make this compulsory to countries desirous of rationalizing and socializing rel11tegratlon of the offender mto the community should might be considered, taking into account different ex­ 20. The Congress deemed it essential to provide for their criminal policies, and in the promotion of the be provided for; • the exchange of information among countries as to pos­ periences in various countries; (c) effective speed needed reforms. sible future conditions relating to crime and called upon (e) A general reassessment of the purposes as well as limits should be observed; (d) more complete examina­ THE EMERGING ROLES OF THE POLICE AND OTHER LA W the efft!ctiveness of correctional systems was needed. tions should be given in granting drivers' licenses, par­ the United Nations to provide leadership in setting up international collaborative machinery, which was to ENFORCEMENT AGENCIES, WITH SPECIAL REFER­ a!o(l!:, with special analytical studies under United Na­ ticularlY with reference to psychological factors; and include the beginnings of a unified statistical data base. ENCES TO CHANGING EXPECTATIONS AND MINiMUM t10ns auspices to assess the effectiveness of various (e) periodic inspections of vehicles should be insti­ While recognizing that the technical, definitional and STANDARDS OF PERFORMANCE (Chap. II, paras. 193- forms of imprisonment; tuted. scientific problems involved were considerable, the 259) (d) The Standard Minimum Rules for the Treatment Congress also recognized that since worthwhile fore­ of P~isone~s should not be substantively revised, but 22. In addition to calling for the elaboration of an Criminality {lssocia ted with migration and f7ight from casting was dependent upon the establishment of a cons!deratlOn shm!ld be given to the need for revising scientifically sound research and data base, collabora­ international code of conduct for law enforcement offi­ specJf1c rules to assure that they are not in conflict with natural disasters and hostilities (Chap. II, cials (see para. 3 above), the Congress adopted a paras. 98-106) tion between national research bodies had to begin right correctional policies and practices; away and immediate help made available to developing number of specific and more general conclusions and recommendations on the roles of the police and other (e) A suitable commentary on the Rules should be countries lacking the necessary resources. drafted with special attention to regional considerations 17. It was recommended that (a) the United Na­ law enforcement agencies. The participants agreed CRIMINAL LEGISLATION, JUDICIAL PROCEDURES AND that: and cultural factors, and an easily understandable tions consider offering migrants international travel brochure should also be prepared: . documents for the period during which their status was OTHER FORMS OF SOCIAL CONTROL IN THE PREVEN­ (a) The United Nations should establish an interna­ being considered by national authorities, in order to TION OF CRIME (Chap. II. paras. 116-192) tional police aCil.demy, the facilities of which would be (j) More vigorous effort~ shculd be undertaken to allay the suspicions about political motivations that as Jure the dissemination of the Rules in line with the 21. While the debate on the various forms of social available to all nations, and which would concentrate sometimes attach to internationally active social wel­ on the preventive role of the police in crime control; draft procedures outlined in annex III of the working fare agencies; (b) consideration be given to the estab­ control used in the prevention of crime revealed that paper on the treatment of offenders (AICONF.56/6); while differences in traditions, economic and political (b) Out-dated treaties relating to extradition and the lishment of an international agency of world-wide com­ (g) The United Nations, through appropriate bodies petence to deal with immigrant workers and to the structures, available resources and levels of develop­ gathering of evidence concerning criminal offences ment made it pointless to try to dictate a preventive should be reviewed and new ones ratified to cope more and agencies, should strongly encourage the full im­ elaboration of a charter for such workers; (c) the labour plementation of the Standard Minimum Rules through­ legislation of countries with immigrant labour be re­ policy applicable to all countries, certain common aspi­ effectively with contemporary criminality; rations nevertheless emerged, which were embodied in out the world and offer assistance in this respect to vised whenever appropriate; (d) the international (c) International police co-operation should be countries requesting it; machinery to assist refugees and disaster victims the following conclusions and recommendations: strengthened and extended; (11) There was need to strengthen inmate grievance should be strengthened; and (e) representatives of mi­ (a) Social justice being the best means of preventing (d) Despite major differences in the strllcture and grant worker groups be brought into the public adminis­ crime. greater emphasis should be placed on social procedures through provisions for recourse to an inde­ rationale of the world's police services there was com­ pendent authority such as an ombudsmall; tration, especially in the areaoflaw enforcement, of the action than on criminal proceedings; mon ground on which fruitful co-operation could be host communities in which they are employed, wher­ (b) Historically speaking, there had been an abuse of based; (0 The United Nations should give serious consid­ ever feasible. There was a consensus that the best way the principle of repression without according sufficient eration to the need for a continuing mechanism for the to eradicate criminality associated with migrants and (e) The police should be answerable to the laws of implementation of the rights ofprisonel's-for example, attention to forms of non-penal social control and their respective countries; refugees was to develop social, educational and health means of primary prevention; through the establishment of a sub-committee of the services rather than stricter Jaw enforcement. and it if) Integrity was the first quality reqoired in police Committee on Crime Prevention and Control-but par­ was suggested that in developing countries voluntary (c) All countries should strive constantly to re­ and other law enforcement officers; ticularly through the continuation of the services of the welfare agencies c('luld supplement governmental re­ evaluate their criminal justice systems in order to adapt Working Group of Expelts on the Standard Minimum them to currer;t social needs. That implied the replace­ (g) Police training should include the subjects of sources in short supply. ethics, human rights and social science; Rules or through the creation of a new committee on the ment of laws and institutions which either were not treatment of prisoners; indigenous or had become antiquated; (h) Police were themselves part of the community Female criminality (Chap. II. paras. 107-110) whose support was indispensable to effective policing; U) In order to facilitate the return to their domicile of (d) Changes of penal systems and the practical appli­ persons serving sentences in foreign countries, policies cation of their proceedings must always respect the (i) Whenever possible, women should be employed and practices should be developed by utilizing regional 18. In order to remove the issue of female criminal­ human rights and fundamental freedoms of all persons as police officers on equal terms with men; co-operation and starting with bilateral arrangements; ity from the realm of guesswork and to engage in suc­ involved; U) Ptivate security organizations !ihould be sub­ ces.sful social defence planning, the Congress agreed (k) The United Nations should develop new rules for (e) More frequent recourse should be had to the jected to a measure of public control; the treatment of offenders in the community, a task that all States should be invited to inform the United community for support of programmes of crime preven­ (k) The police should pmticipate in the preparation which could be undertaken in two phases-the first Nations, through the national correspondents, of de­ tion and care of offenders; velopments pertaining to female criminality and of the of legislation which would affect police functions. would concern itself with the articulation of principles success or failure of their counter-measures. if) The many aspects of criminal policy should be and standards for programmes that are an alternative to co-ordinated and the whole should be integrated into THE TREATMENT OF OFFENDERS IN CUSTODY OR IN imprisonment, while the second might address itself to 19. The Congress also considered it necessary that the general social policy of each country; THE COMMUNITY, WITH SPECIAL REFERENCE TO THE guidelines concerning the content of the programmes. IMPtEMENTATION OF THE STANDARD MINIMUM controlled scientific studies be undertaken on the inter~ (g) Criminological research providing the scientific RULES FOR THE TREATMENT OF PRISONERS ECONOMIC AND SOCIAL CONSEQUENCES OF CRIME: relations among socio-economic development, the in­ basis for crime prevention policy should be extended to (Chap. II, paras. 260-300) tegration of women into national economic life and cover the interaction between delinquency and society, NEW CHALLENGES FOR RESEARCH AND PLANNING (Chap. II, paras. 301-371) female criminality, noting that such studies should as well as the functic ling of the judicial system and of 23. In addition to the adoption of the anti-torture focus on comparisons of countries with different ex­ community programmes of social control; Declaration (see para. 2 above), the following conclu­ peli~nces and trends in female criminality and on the 24. The Congress recommended that, in the in­ (11) Victim compensation schemes could serve as a sions and recommendations were agreed upon: terest of promoting more equitable and effective sys­ causes and extent of differential treatment of women by useful substitute for retributive criminal justice; the criminaljustice system, as well as on experiences in (a) The use of imptisonment should be restricted to tems of criminal justice, a wider range of economic and dealing with the pre-delinquent and delinquent be­ (i) The training of judges in the art of sentencing was those offenders who needed to be neutralized in the social factors must be considered. Planners, re­ haviour of women and children outside the criminal a prerequisite to the development of sentences that interest of public safety and for the protection of searchers and those concerned with ctiminal justice society; . justice system. provided an alternative to imprisonment or fines; policies and administration should:

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.~~------~------.. ------~ Matters calling for action by or brought to the attention forecasts; the use of techniques such as victimization (a) Encourage cost-benefit thinking, if not cost­ interdependence of ctii~it:: and crime control activities with all other planning sectors; of functional commissions of the Economic and Social studies' and crime damage data to reveal the real extent benefit research, with the understanding that economic Council and impact of crime; and the inclusion of cost data in costs were only a part of the measurable cost along the (n) Further the co-ordination, as a smoothly working crime reporting. The Commission may wish to indicate whole continuum of social cost ancl that cost-benefit system, of the various agencies for preventing crime RULES OF PROCEDURE (Chap. V, para. 464) modalities for responding to the call for the establish­ thinking, supplemented by simple research and com­ within countries, through the use of major structural men~ of collaborative arrangements to promote prog­ parative analysis, could provide cmcial information on 26. The Congress, acting on a proposal by the rep­ reforms where necessary; ress m that area and for the provision of immediate help directional changes, which for some purposes would be resentative of Czechoslovakia involving extensive amendments to the provisional rules of procedure, to developing countries lacking the necessary re­ 'iufficient for policy-making; (0) Promote the maximization of individual freedom sources in that respect(see paras. 20 and 24-25 above), within the necessary constraints of effective crime con­ decided to recommend that the Committee on Crime (b) Promote the development of the indigenous crim­ Prevention and Control review the rules of procedure trol consistent with national policies; THE COMMISSION ON HUMAN R1GHTS (Chap. II, inal justice research capability to directly serve the of the Congress with a view to bringing them into con­ paras. 116-37 f) needs of policy-makers, planners and administrators; (p) Promot~ the recogni tion of the fact that perhaps a formity with current practice in other United Nations substantial amount of crime was provoked by the na­ bodies. The text of the rules of procedure, as adopted 30. Economic and Social Council resolution 1584 (c) Promote the use of extra-governmental institu­ ture of the social and economic structllI'e and system of by the Congress, is contained in annex II of the report. tions, including universities and their students, as a (L) also provided that the Committee on Crime Preven­ society itself, as well as by official action or negligence, tion and Control would report, as appropriate on par­ research resource, particularly in a developmental con­ and that effective crime control measures should be THE COMMISSION FOR SOCIAL DEVELOPMENT text, through collaboration, financial support and the ticular aspects, to the Commission on Human Rights. geared to changes in official actions as well as indi­ The attention of the Commission is drawn, accordingly, articulation of research needs; vidual behaviour; 27. The conclusions and recommendations of the Congress will be submitted to the Commission for So­ to the conclusions and recommendations of the Con­ (d) Promote the development of interdisciplinary re­ (q) Through the use of improved educational pro­ cial Development at its twenty-fifth session, in January gress relating to criminal legislation, judicial proce­ search agencies for criminal justice and the organiza­ grammes and the mass communication media, promote 1977, together with the observations thereon and pro­ dures and other forms of social control in the preven­ tion of interdisciplinary workshops at the national, a better understanding on the part of the public of the posals of the Committee on Crime Prevention and Con­ tion of crime; the emerging roles of the police and other regional and interregional levels; economic and social consequences of crime; narrow trol. law enforcement agencies, with special reference to the gap between the perceptions of personnel working changing expectations and minimum standards of pef~ (e) Promote the collection and analysis of data for formance; and the treatment of offenders, in custody policy-making purposes, using simple, cheap and effec­ within criminal justice agencies and the general pUblic, THE COMM[SSION ON NARCOTIC DRUGS AND THE IN- TERNATIONAL NARCOTICS CONTROL BOARD and in the community, with special reference to the tive techniques of assessment, particularly by building and further more active participation of the public in the prevention of criminality. (Chap. II, paras. 65-77) implementation of the Standard Minimum Rules for the in an evaluation component in pilot or demonstration Treatment of Prisoners (see paras. 21-23 above). projects; 25. At the international level, the Congress called 28. In its resolution 1584 (L), the Economic and More particularly, at the thirty-second session, in U') Encourage simple research techniques for con­ for: Social Council decided that the Committee on Crime pursuance of General Assembly resolution 3453 duct:ng problem-solving or action-research appropriate Prevention and Control, in addition to reporting to the (XXX), in considering the question of torture and other (a) The inclusion of cost data in the reports on world Commission for Social Development, should report as cruel, inhuman or degrading treatment or punishment, in pmticular national settings in order to avoid repeat­ crime trends, to the extent possible; ing the mistakes of some developed countries; appropriate, on particular aspects, to the Commission the Commission will be able to draw on the work of the (b) The exchange of experts and experien-:e between on Narcotic Drugs. The attention of the Commission Congress in this regard, as well as on the follow-up to its (g) Encourage the writing of research reports in countries, with particular regard to regional and subre­ and of the International Narcotics Control Board recommendations on the code of conduct for law en­ forcement officials. The Commission's attention is also clear, concise language and in a form easily understood gional needs; (INCB) is drawn to the conclusions and recommenda­ by administrators; tions of the Congress concerning criminality associated drawn to the recommendations of the Congress con­ (c) The convening of conferences, expert group with alcoholism and drug abuse (see para. 10 above). In cerning criminality associated with migration (see til) Encourage the use of victimization surveys and meetings, seminars and workshops concerned with the addition, the Congress urged intensified international para. 17 above), in connexion with the implementation crime damage statistics to complement the develop­ assessment, minimization and redistribution of the drug control, calling on Governments, if they had not of General Assembly resolution 3449 (XXX) concern­ ment of comprehensive criminal justice statistics; costs of crime; yet done so, to adhere to the Single Convention on ing measures to ensure the human rights and dignity of Narcotic Drugs of 1961 and the 1972 Protocol amending all migrant workers. (i) Develop greater awareness of the significance of (d) The provision by the United Nations, within ex­ economic crimes, particuhrly of corruption and dam­ that Convention, as well as the 1971 Convention on isting resources or from extra-budgetary funds, of Psychotropic Substances. They were also urged to co­ age to the environment within a developmental context, technical assistance and training in order to encourage THE COMMISSION ON TRANSNATIONAL CORPORATIONS and of the effects of such crimes on the development operate with the United Nations Fund for Drug Abuse (Chap. II. paras. 51-59) the use of cost-benefit analysis and systems analysis Control in order to enable the United Nations to pro­ process; and other comprehensive comparative planning and vide technical and financial assistance to Governments 31, The attention of the Commission on Transna­ evaluation techniques, as well as the collection and (j) Develop the means to predict changes in the types requiring it, in particulai' to Governments of those tional Corporations is drawn to the conclusions and dissemination of information and reports using such of crimes resulting from the interplay of criminogenic countries in which raw materials for narcotic drugs recommendations of the Congress on the issue of crime techniques for crime control and prevention; factors which might appear in some stages or processes were produced, in order to enable them to carry out the as business: organized crime, white-collar crime and of development and as a result of actions or policies of (e) The provision of United Nations assistance to provisions of international drug control treaties and to corruption (see para. 8 above). The Commission may agencies outside of the criminal justice system; national criminal justice programmes not only by fight effectively against drug abuse problems and re­ wish to consider, in connexion with the implementation specialized criminological services within the Organi­ lated criminality. The Commission on Narcotic Drugs of General Assembly resolution 3514 (XXX) and the (k) While recognizing the development model as one zation but also by its regional planning institutes, public and INCB may wish to consider the scope of co­ Declaration and Programme of Action on the Estab­ of the possible means of identifying and analysing administration programmes, statistical services and the operation of the Committee on Crime Prevention and lishment of a New International Economic Order (Gen­ criminogenic factors, consider other models as a basis like; Control in the areas emphasized. eral Assembly resolutions 3201 and 3202 (S-VI), the for interpreting criminogenic factors and initiating modalities of co-operation with the Committee on crime preventive activities; (f) The Governments concerned and the United Na­ THE STATISTICAL COMM[SSION (Chap. II, Crime Prevention and Control which would prove most tions to consider the early establishment of regional paras. 111-115 and 301-371) useful. (I) Promote research leading to a more equitable dis­ research facilities for crime prevention and the promo­ tribution of the costs and consequences of crime among tion of criminal justice in Africa, as well as in other 29. The attention of the Statistical Commission is THE COMMISSION ON THE STATUS OF WOMEN different segments of society; areas where there was need, arid the strengthening of drawn to the recommendations of the Congress pertain­ (Chap. II, paras. 107-110) the role of existing regional institutes in promoting re­ ing to the establishment of a viable statistical data base J (m) Incorporate dynamic crime prevention planning in the crime field to permit the development of more 32. The attention of the Commission on the Status of a comprehensive and special nature within the search and training as a basis for policy-making and planning for crime prevention and criminal justice. scientific policies based on the current situation and on of Women is drawn to the conclusions and recommen- . '1 framework of national planning, with emphasis on the 7 j 6 ,:~ :1 r·~··--=.--'"'---~.~---~- "'---...... ~------______-'-...... h~. ______~ .. __--._,.-. ______, ______._

dations of the Congress relating to femaie criminaiiiy international significance, including the problem of air (see paras. 18-19 above), particularly in the context of piracy (see paras. 12-14 above), an~ brought to the at­ the United Nations Decade for Women and the World tention of the International Civil Aviation Organiza­ Plan of Action for the Implementation of the Objectives tion, particularly the recommendation that the United of the International Women's Year (General Assembly Nations arrange for a commentary on all relevant inter­ resolution 3520 (XXX». national conventions in order to ensure that all were fully understood and that their scientific and legal valid­ Chapter II Matters calling for action by or brought to the attention ity were clarified (see para. 14 above). of other bodies or agencies THE OFFICE OF THE UNITED NATIONS HIGH COMMIS­ THE INTERNATIONAL LABOUR ORGANISATION DELIBERATIONS OF THE CONGRESS SIONER FOR REFUGEES AND THE OFFICE OF THE (Chap. II, paras. 96 and 97) Opening plenary meeting UNITED NATIONS DrSASTERRELIEF CO-ORDINATOR in a world-wide effort to minimize the impact of crime (Chap. Il, paras. 98-106) through .a !opg-range strategy aimed at the recognition 38. The conclusions of the Congress concerning 41. The Congress was officially opened on criminality associated with migration, especially the 1 September 1975 by Helvi Sipilli, Assistant and realizatIOn Of the last of the human rights, that of 33. The recommendations of the Congress con­ recommendations concerning immigrant labour, are freedom from cnme. cerning criminality associated with migration and flight Secretary-Sleneral . for Social Development and brought to the attention of the International Labour Humamtanan Affairs, Depmtment of Economic and 47. Following the election of the President and of­ from natural disasters and hostilities are brought to the Organisation (see para. 17 above). attention of the above-mentioned Offices (see para. 17 Social Affairs of the United Nations Secretariat. ficers of the C:ongress, the Executive Secretary of the above). C.ongress outlined the structural, procedural and tech­ THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC 42. .Speaking on behalf of the Secretary-General of mcal features of the meetings which were to follow In the Untted Nations, Mrs. SipiHi. extended a warm wel­ THE UNITED NATIONS REGIONAL COMMISSIONS AND AND CULTURAL ORGANIZATION (Chap. II, paras. ~ccordan~e with ru~e 14 of .the rules of procedure: he co~e to all participants and wished them success in INSTITUTES (Chap. II) 60-83) their work. lead the Itst of sectIOn Chmrmen, Vice-Chairmen and Rapporteurs and announced that Sir Aithur Peterson 34. The attention of the regional commissions, the 39, The attention of the United Nations Educa­ 43. In reviewing current social trends in the world had been designated as Rapporteur General. regiom',l planning institutes and the crime prevention tional, Scientific and Cultural Organization is drawn to sh.e.obs~rve? that t~e Fifth Congress was being held at ~ institutes is drawn to the conclusions and recommenda­ the conclusions and recommendations of the Congress C~ltIcal time m the h!story of mankind. Human suffeling Reports on the discussions tions of the Congress, particularly to those contained in relating to offences involving works of art and other blOUght about?y disease, hunger, wars and clime had paragraphs 3, 23 (e) and 25 (e andf) above. cultural property (see para. 9 above) and to those con­ prompted natIOns to work together within the REPORT ON AGENDA ITEM 5, CHANGES IN cerning drug education (para. 10 above). Furthermore, fr~mework of the United Nations system to develop a FORMS AND DIMENSIONS OF CRIMINALITY THE UNITED NATIONS DEVELOPMENT PROGRAMME WIde range of programmes for economic and social (Chap. II, paras. 116-192 and 260-371) in its consideration of the problem of interpersonal -TRANSNATIONAL AND NATIONAL violence and possible preventive measures, the Con­ progress. 35. The Congress repeatedly stressed the need to gress recommended that "the cultural organizations of 44. Mrs: Sipilii ~ecalled that a quarter of a century Rapporteur: H. FRAGOSO (Brazil) strengthen United Nations technical assistance in the the United Nations should explore proposals for an ago, the Untted NatIOns had established activities in the ,.t: field of crime prevention and control, particularly in international convention providing minimum field of crime prevention and criminal justice to assist in . 48. The main l2urpose of the discussion un changes areas such as criminal legislation and judicial proce­ guidelines for the content of mass media intended for th~ developm~nt of strategies for effective and humane It,l the forms an~1 dImensions. o~ criminality was to con­ r dures, the implementation of the United Nations Stan­ consumption by children or young persons, where cI7-me preventIOn and treatment of offenders. Thus, the sl~er the changmg,charactensttcs and TP.!gnitude of the dard Minimum Rules for the Treatment of Prisoners, needed, to avoid negative impact on behaviour pat­ FIfth Congress marked two important anniversaries for cnme problem as It had developed sir..:e the beginning I' the use of cost-benefit analysis and systems analysis terns" . the United Nations: the twenty-fifth anniversary of its of the last quarter. of the ce~tury and to provide practi­ and other comprehensive planning and evaluation effort to protect the peoples of the world from crime' ~al ~ecomm~ndattons for If!1proveJ national practice techniques applied to crime prevention and criminal THE WORLD HEALTH ORGANIZATION (Chap. II, a,nd the twentieth anniversary of the first United Na~ and mternatIOnal col1aboratIOn foc the prevention and justice, and the like. paras. 65-77 and 260-300) tlOns Congress on the Prevention of Crime and the control of the new types of criminality. 36. As noted above, the Congress also urged the Tre~t?1ent of Offenders, which had continued the great 49. With regat'd to that topic of discussion the exchange of experts and experience between countries 40. The conclusions and recommendations of the tradItIon of the Congresses of the International Penal C~1fgress .had b~fore it a working paper prepared by the in that field, with pmticular regard to regional and sub­ Congress concerning criminality associated with al­ and Penitentiary Foundation. Uruted 'Na~;::ms Secretariat (A/CONF.56/3) and notes regional needs, and called for the convening of confer­ coholism and drug abuse, particularly those concerning 45. Mrs. Sipila expressed the hope that the Fifth by the S~:'(n etary-General on criminality and social ences, expert group meetings, seminars and workshops the treatment of drug addicts and drug abusers (se.'. Congress would mark a turning point in the history of change !'Ai8372) and crime prevention and control concerned with the assessment, minimization and re­ paras. 12-14 above) are brought to the attention of the the efforts ~f the world community to combat crime. (A/8844, A/9032), rhe CongTess was also provided with distribution of the costs of crime. It also called for the World Health Organization. The attention of WHO is She e~phmllzed the need to focus attention on how to the ,reports .of the preparatory regional meetings held :n strengthening of regional crime prevention training and also drawn to the recommendations of the Congress deal With those who would not or could not abide by the AfrIca, ASIa and Latin America. Those reports are research facilities and the establishment of new ones, as conc::rning the treatment of offenders, in custody or in rul~s of their own co~ntries ~r of. t~e world community, referred to, as appropriate, in the present report. appropriate (see paras. 21 (a), 23 (g), 24 and 25 (b-e) the community, with special reference to the implemen­ whIle, at the same time, mmntatntng close scrutiny of above). tation of the Standard Minimum Rules for the Treat­ 50. In discussing the changes in the forms and di­ the rules and of those who enforced them since one or mensi.ons of criminality, the participants deemed it ap­ ment of Prisoners (see para. 29 above), in pursuance of the other might be at fault. ' Matters calling for action by or brought to the attention paragraph 4 of General Assembly resolution 3453 propna~e to approa~h the key,Pr?blems by taking up of specialized agencies 46. Both cri?1e an? crime prevention ranked among succeSSIvely the tOPICS dealt With III the working paper (XXX), in which the World Health Organization was on that subject: invited to give further attention to the study and elab­ the most costly Item~ In the budgets of many countries. THE INTERNATIONAL CIVIL AVIATION ORGANIZATION The type of costs dIffered from nation to nation; but (Chap. II, paras. 84-95) oration of principles of medical ethics relevant to 'the . (a) Crime as business at the national and transna­ protection of persons SUbjected to any form of deten­ whether those costs were direct or indirect, their im­ tIOnal l~vels: organized crime, white-collar crime and 37. The conclusions and recommendations of the tion or imprisonment against torture and other cruel, pa~t on the wel~-being of the citizenry could be devas­ corruptIOn; Congress on violence of transnational and comparative inhuman or degrading treatment or punishment. tatmg. Preventive and treatment strategies were dif­ ficult to formul.ate for ~niversal application; obsolete (b) Offences involving works of art and other cul­ cod.es, the paucity of rehab Ie dataon causation cultural tural property; van ati<;>ll s. and limited resources all tended to m'ake for a (c) Criminality associated with alcohol and drug very dlffi~ult task. Nevertheless, the United Nations abuse; would do Its utmost to provide assistance and guidance (d) Interpersonal violence;

8 9 ------,------,¥ other crimes. It was also thought important to mobilize ment, simple plundering by occasional thieves. and the (e) pants pointed out that the socialist countries, which had Violence of transnational and comparative inter­ public opinion against those serious types of crime; and fondn~ss of the average tourist for procuring souvenirs national significance; generally abolished private capitalist industry and re­ placed it with co-operative or state-owned enterprises, it was argued that the stigma of a criminal conviction were equal threats to the cultural property of nations. In , (j) Criminality related to motorized traffic; naturally had no such problems of "white-collar" could be useful in this respect. In several of the develop­ some parts of the world, the illicit traffic in art objects VijCriininality associated with migration and flight crime, organized crime and corruption in the sense of ing countries, it was claimed, the public already re­ threatened to result in the depletion of the entire na­ from natural disasters and hostilities; collusive price-fixing, illegal monopoly or violation of garded profiteering, price··fixing, bribery and the like as tional cultural heritage. In various cases involving the regulatory laws by private companies as were found in more reprehensible than some traditional forms ofvio­ r~covery of cultural property, it appeared that profes­ (It) Female criminality; non-socialist economies. But even in the socialist coun­ lent or property crime. SIOnals In the art trade-art dealers, retailers and an­ (i) Forecasts of crime and crime control problems. tries, it was stated by others, there might be other 58. Also mentioned were other techniques of con­ tique dealers-had been involved. Among the factors equally damaging forms of economic crime. trol which might be applied efficaciously, either as that were causing the opportunities for theft and art­ blackmail to mUltiply were the considerable and con­ CRIME AS BUSINESS: ORGANIZED CRIME, WHITE­ 54. At a transnational level, "crime as business" alternatives to, or in conjunction with, criminal COLLAR CRIME AND CORRUPTION sanctions. Various forms of civil or administrative rem­ stant increases in the price of collectors' items, aided by had so far been studied very little. It was argued by unprecedented increases in tourism and the ease of some participants that the concept of "transnational edies, special law-enforcement agencies, and new 51. The Congress considered a wide variety of in­ bureaucratic procedures directed towards formalizing international transport by air. terrelated types of crime which, taken together, clearly crime" was in fact superfluous, at least ifit entailed the existence of supra-national law. Others, nonetheless, decision-making and thus minimizing the opportunities 62. Certain means of protection of cultural property posed new and increasingly serious problems in many for corruption, were some of the things mentioned. It were already unquestionably accepted-for example, countries throughout the world. It was agreed that the considered that it was clear that the consequences of economic crimes that span the borders of two or more was also suggested that, for some forms of white-collar a.t the ~ational.level, improved technical systems, na­ economic and social consequences of "crime as busi­ crime, changes in criminal procedures were needed in tIonal Inventories of cultural objects, publicity of the ness" were typically much greater than the conse­ countries might be at least as serious as those of purely national crimes. order to secure convictions. It was evident that there dangers of cultural losses, and specialized police and quences of traditional forms of interpersonal violence was great scope for exchanges of information in that customs units; and at the internationar level the ex­ and crimes against property-not least because or­ 55. Still more complicated problems were raised by area. change of information concerning national legislation ganized and white-collar crime might also lead to inter­ the illegal (or at least deviant and economicalIy harm­ 59. The discussion of those issues led to the conclu­ and practical experience with its implementation, the personal violence in the form of murder, intimidation, ful) behaviour of transnational corporations and other establishment of an international registry of particu­ the destruction of property and the like. Such crimes powerful and potentially monopolistic trading sion that more effective control over the abuse of economic power by national and transnational enter­ larly significant art objects and the inculcation of re­ were, of course, a serious problem in many developed partners-for example, transfer pricing. The size and spect for cultural property among tourists and others. countries, but several representatives of developing power of such trading partners were now immense; and prises could be enhanced by: countries emphasized that white-collar crime, or­ there was much evidence that those enterprises oper­ (a) The establishment of national securities and ex­ 63. It was worth noting that even States that were ganized crime and corruption posed especially severe ated in accordance with the goal of maximization of change commissions or other administrative bodies traditionally opposed to any hampering of the free cir­ problems for their countries-indeed, they might be global profits, irrespective of the social conditions or and, possibly, the establishment of a similar body at the culation of art objects now acknowledged the value of virtually matters of life and death-since the national public policies of the particular countries in which they international level; cultural heritage and the importance of international co-operation in that field. The Convention on the welfare and economic development of the whole soci­ operated. But transfer pricing was only one example of (b) Legislation against national and transnational ety might be drastically affected by such criminal con­ the illicit behaviour which might flow from such an Means of Prohibiting and Preventing the Illicit Import, abuses of economic power in the exercise of commer­ Export and Transfer of Ownership of Cultural Property duct as bribery, price-fixing, smugg1ing and cUlTency ideology. The outright bribery of public officials was cial activity by national and transnational enterprises; offences. another. adopted by the General Conference of the United Na­ (c) Greater participation of shareholders in the af­ ~ions Educational, Scientific and Cultural Organization 56. A problem which evidently needed much 52. Those types of crime had been relatively neg­ fairs of major corporations or of workers in public en­ 111 1970, reflected the acceptance of that view. How­ I lected by criminologists, and the definitions of such further study was the variation that might exist in dif­ terprises; ever, the Convention had been ratified by only 17 terms as "organized crime", "white-collar crime" and ferent countries regarding (a) the scope of the criminal States, almost all of them developing countries suffer­ "corruption" were often vague and ambiguous. The law relating to "crime as business" and (b) the techni­ (d) The provision of more information about ing from illicit export of objects that formed part of their expression' 'crime as business" referred to heterogene­ ques used to control harmful forms of behaviour. For economic criminality through such bodies as commis­ cultural heritage. The small number of ratifications was I sions of inquiry ,consur:ner groups and labour unions, in J ous groups of crimes that were characterized by all or example, in some countries price-fixing was now re­ indicative of the failure of nations to recognize the true most of the following features: (a) they were carried out garded as criminal, whereas in others it was merely the order to alert the pubhc; and dimensions of offences that potentially entailed the de­ primarily for economic gain, and involved some form of subject of civil remedies. It was argued that it was also (e) Initiation of special studies on corruption and struction of a country's cultural heritage. In many palis commerce, industry or trade; (b) they involved some important to study value systems in relation to legisla­ smuggling in view of their extremely detrimental effect of the world, public officials and citizens alike were still form of organization, in the sense of a set or system of tion, especially in respect of differences in the class on national economies and international trade, paliicu­ largely unaware of the dimensions of the destruction relatively formal arrangements between the various structure of different societies. It was pointed out by larly in developing countries. and dissipation of objects which constituted their cul­ parties committing the illegal acts; (c) they involved several delegates that crime as business had its origins tural heritage. either the use or the misuse of legitimate techniques of in class conflict, and that businessmen, managers, ad­ ministrators and other economically powerful middle­ OFFENCES INVOLVING WORKS OF ART AND OTHER .64. Several participants pointed out the important business and industry; and (d) the persons involved in CULTURAL PROPERTY committing such crimes often had high social status class or upper-class persons might tend to control the dIfference between movable and immovable cultural and/or political power. Crimes of corporations, on the machinery of criminal justice so as to succeed in getting property. When movable property was taken it could one hand, and so-calIed "organized" or syndicated their own deviant and economically harmful behaviour 60. The participants considered the many threats to often be traced, but demolished architectural monu­ crime, on the other, had many similarities and interrela­ defined as non-criminal. cultural property in countries throughout the world, ments, temples and holy sites could not be replaced, tions; and, typically, both might involve the corruption and various means of efficiently protecting such prop­ and they sometimes constituted the most important 57. The discussion of what techniques might best part of a country's cultural heritage besides being of law enforcement and political authority. Such crimes erty. The intricacy of the problem was connected with be used to control crime as business concentrated on the complexity of the notion of cultural property itself among the treasures of all mankind. They helped to tended to involve ahigh degree ofplanning"secrecy and the question of how far the criminal law should be sophistication; they thus tended to be "invisible" and the variable extent of the legal protection afforded form and maintain the national identity of the country' extended and how far traditional criminal penalties to such property by different States. This protection i~ that respect.their loss was irreparable. Throughout crimes, and their detection was very difficult. How­ were likely to be useful. It was suggested that modern hIstory such cnmes had been committed by individuals ever, in terms of publicfear , a distinction could be made was a relatively new phenomenon, which ought to be trends towards decriminalization should lead to the supported through international co-operation and the and by States, and means had to be found to prevent between organized and white-collar crime. removal of many forms of crime as business from the activities of international organizations. them in the future. The discussion led to the following 53. The general pattern of economic or property scope of the criminal law. But several participants ar­ conclusions: gued vigorously that just the opposite should be the 61. Among the perils threatening cultural property crime in a society-of which "crime as business" was ~ere vandalism and wilful damage for predatory, polit­ (a) There was a need for better exchange ofinforma­ merely a part-necessarily depended on the social case: that criminal law and imprisonment could have a definite deterrent effect in relation to businessmen­ Ical or religious reasons. Systematic theft, organized in tion concerning the protection of cultural objects structure, the economic development and the economic certain regions with the use of the most modern equip- at the international level, particularly through such institutions of the country concerned. Several partici- criminals, even though they might not be effective for

10 11 _____ ~ __ l ------...... --~' parties. It had been amended by the 1972 Proto~ol that erallevels by reviewing and amending existing extradi­ that as yet very little evidence of the success of ';reat­ specialized bodies and agencies as the Uni~ed ~ations tion treaties or concluding new ones to include drug ment was available. Educational, Scientific and Cultural OrgamzatIOn, the had come into force recently. The Conventt~m on Psychotropic Substances of 1971, which prOVIded a offences as extraditable offences; drug offences should International Council of Museums and the Interna­ be recognized by all Governments as extraditable of­ Prel'entil'e measures tional Council of Monuments and Sites; similar international control system, had as yet not entered into force. The goals of those treaties had to be fences, and consideration might also be given to the (b) Such information should include particulars of implemented by national Government~ that were elaboration of an international convention by the 75. In general, preference should be given to pre­ national le!,rislation designed to. facilit~t~ .recovery of parties to them, and the current mterna~lOnal con~ol U ni ted Nations Secretariat; ventive measures, in particular, by providing meaning­ property which had been the object of IllICIt !raffic and system was functioning well and had achIeved ~onsl~­ (b) mici t traffic in drugs should be considered as a ful and appropriate information to those responsible for to deal effectively with those who engage~ m t~eft or erable results in controlling the drug problem by Its obl,l­ transnational crime to be included in a list of transna­ dealing with population groups most at risk. AU educa­ destruction of cultural property, through hcenslng re­ gatory control provisions. It was als~ the leg~l baSIS tional crimes to be prepared by the United Nations; tional programmes should include some information on quirements for auctioneers and dealers in antiques; for all forms of international co-operatIOn, partIcularly the drug problem and the dangers of drug abuse. It was (c) Measures should be taken to ensure, in confor­ noted, however, that the experience of some countries (c) Consideration should be given to the d~sirability for the fight against illicit traffic in drugs. That sys~em mity with national legislation, that drug offenders who of a code of ethics for professional dealers m art ob­ thus conttibu ted to the prevention of and fight aga1l1st had shown some of these programmes to be counter" had been convicted in one country but had escaped productive. Special leisure time programmes for jects; and crimes related to drugs-especially recently. by the served the sentence in the country in which they had highly improved extradition provisions in the 1972 juveniles should be encwraged. (ci) New efforts should be made to obtain wider Protocol-and to coping with the drug abuse problem. taken refuge or were found, if extradition was not feasi­ ratification, acceptance or adherence to the 1970 Con­ ble; Distinctions in the approaches taken by 70. Those treaties in no way insisted exclusively on vention on the Means of Prohibiting and Preventin~ the (d) AU knowledge in the law enforcement field different cOllntries Illicit Import, Export and Transfer of OwnershIp of harsh national sanctions and were much mor~ su,btle should be shared, and relevant information, in particu­ Cultural Property. and flexible than the interpretations and apphcatlO~s lar conceming new methods and routes used by illicit 76. Because of the differences which necessarily that were sometimes given to them; the penal provI­ trafficker'), should be constantly exchanged; stemmed from the social, economic and political situa­ CIUMINALIIY ASSOCIATED WITH ALCOHOLISM AND sions of the treaties distinguished between simple of­ tions in different countries, distinctions had to be made (e) The mechanisms for expeditiously disseminating DRUG ABUSE fences and serious offences and provided that only the in the approaches to the drug and drug control situa­ and receiving evidence concerning drug offenders latter should be liable to stringent punishment, particu­ tions in the various countries, taking into account their 65. It was agreed that alcohol was a dmg and that larly to .pena~ties of de'pl:i~ation of li~erty. They e!1~i~­ should be improved; stages of development and their political systems. A alcoholism was a major aspect of drug abuse. Although aged, pnmanly , all activitieS as form1l1g part of~he IIhclt if> All forms of border control should be similar distinction appeared to be valid with regard to the criminality associated with those two factors might traffic in drugs. Illicit personal' 'use" was not mcluded strengthened; the relation between drug abuse and criminality. A in the penal provisions, so that pa:ti~s did ~~t .n~:d to involve many common characteristics. there were (g) Measures should be taken to ensure, by whatever policy of decriminalization of consumption and posses­ other and perhaps more significant aspects which sepa­ consider it a punishable offence. SImIlarly, ~lhclt. pos­ sion of certain substances in highly industrialized coun­ session" of drugs for personal consumptIOn dId not means possible, that convicted traffickers could not rated them. take refuge in other countries; tries, for example, could affect or have side effects on need to be considered a punishable offence. Govern­ aspects of the economic, social or cultu:al relation be­ 66. First, the use of alcohol was institutionalized, ments that went beyond the requirements of the treaties (h) Consideration should be given to the question of tween developed and developing countri0s. Moreover, and its problems had long been kn.own, alt~ough they and considered illicit possession and even use as whether it was desirable to increase penalties for illicit it was not easy to distinguish between dmg abusers and might be increasing, whereas the mtroductlOn of nar­ punishable offences could provid.e !'ine~, censure or traffickers and to decrease penalties for users or pos­ traffickers. Combating drug abuse itself might some­ cotics and psychotropics int? m~ny count~ies r~pres­ other measures. At any rate, a dlstmctiu!tl should be sessors of small quantities of drugs for personal use if a times require changes in the social, econumic and cul­ ented a relatively new intrUSIOn mto and dlsruptlOn of made between legal intervention against illicit produc­ Government considered use and/or possession as tural structure of a country in order to remove abuses their cultures. ers, manufacturers and traffickers, on the one hand, punishable offences; and reasons for abusing drugs. The responsibilities in 67. Secondly, because alcohol was usually legiti­ and illidt possessor-consu mel'S, on the other, for whom (i) Seized dmgs and relevant materials which were the fight against drug abuse, including the financial mately available, criminality in the main occurred be­ non-penal forms of social control might sometimes be connected with illicit activities and were not needed for costs involved, should be shared by all Governments cause of the effect of consumption, in that it lowered more approptiate and effective. legitimate purposes under strict supervision should be concemed. self-control and a sense of responsibility and led to 71. The primary goal of international drug co~trol, destroyed if possible; accidents. Only rarely did 'alcoholics comTl!it crimes in which was to limit all activities in that field exclUSIvely International dl'llg control order to obtain alcohol or money to buy It, and such (j) Measures should be taken to ensure that any na­ to medical and scientific purposes, could be fully tional drug policy-for example, decriminalization of criminality was of a low level. The possession of nar­ achieved within the current framework of dmg treaties, 77. Governments were called upon, if they had not cotics and psychotropic substances, however, was usu­ activities conceming cannabis sativa-would not af­ if properly implemented at the nation~l level. and in fect adversely the drug control situation in neighbour­ yet done so, to adhere to the Single Convention on ally illicit and the trafficking in them was nearly always co-operation with. Governments .and Wlt~ the mter1'l:a­ ing countries and at the intemational level. Narcotic Drugs, 1961, and the 1972 Protocol amending so. Therefore, the criminality associated with those tional organs, particularly the UllIted N~tions Comm.ls­ that Convention, and to the Convention on Psycho­ substances was concerned more with their tran.sporta­ sion on Narcotic Drugs and the InternatIOnal Narcotics Drug abuse tropic Substances of 1971; they were also called upon to tion and with attempts to obtain them than wIth acts Control Board. Increased efforts in all sectors were co-operate with the United Nations Fund for Drug committed under their influence. needed, however, both on the national and interna­ 74. As drug abuse formed part of the general public Abuse Control, in order to enable the United Nations to 68. Thus, criminality connected with alcoholism tionallevels. health problem, preference should be given to meas­ provide technical and financial assistance to Govern­ was different from that connected with most drug 72. From the discussion it became apparent that the ures of treatment and social reintegration of dmg abus­ ments requiting such assistance, in particular, to abuse. In its violent manifestation, such criminality was most important areas in which action should .be consi­ ers and addicts. Penal measures, if they were not to be Governments of those countries in which raw materials a result of the depressant effect of the dmg on the nor­ dered were illicit traffic, drug abuse, preventive meas­ excluded, should in no way prevent the application of for narcotic drugs were produced, in order to enable mal mechanism of self-control. It was generally ll'3reed ures, distinctions in the approaches taken by different those measures and should be restricted to ensuring them to carry out the provisions of the international that alcoholism was an increasing problem but t~at countries, and international drug control. their application, if appropriate. Governments should drug control treaties and to fight effectively against the in order to achieve anything more than a superfiCIal follow the provisions of the 1972 Protocol Amending drug abuse problem and related criminality. change in the situation, action had to be taken by agen­ Illicit traffic the Single Convention on Narcotic Drugs, 1961 and of cies operating within a framework of social policy the Convention on Psychotropic Substances of 1971 Interpersonal violence rather than by those of the criminal justice system. 73. Concerning the control o{illicit traffic in dmgs, and should provide for effective treatment measures. the following measures were re~ommended: They should also provide, either as an altemative or in 78. The discussion demonstrated the concem that 69. It was noted that the international control sys­ addition to conviction or punishment, that drug addicts was aroused by violent crime in many countries and by tem of narcotic drugs was predominantly based on the (a) The drafting of an intern~tional conventio~. on judicial assistance should be consld~red and extradl~IOn and drug abusers, where appropriate, undergo meas­ the rapid increase in violence between strangers, in­ Single Convention of Narcotic Drugs, 1961, to which ures of treatment. It was generally accepted, however, cluding homicides, assault, rape and robbery. Further- most Governments represented at the Congress were procedures improved on both the btlateral and multtlat-

13 12 ti'~ '. ______liliiii __ --- -~--- more, a change appeared to be taking pl~c~ in the senseless and aimless offences involving mischief and media intended for consumption by children or young (e) Strengthening the tt'chnical co-operation of the direction of an increase in the numb~r of vIctims and de~truction. persons, where needed, to avoid a negative impact on International Criminal Police Organization (INTER­ greater brutality in the p.erpetration of. those crimes 82. The mass communication media might act. as a patterns of behaviour. POL) by increasing both the number of nations par­ involving significant physIcal and psychic suf~enng of conditioning factor with respect to vic1ent behavIOur. ticipating and the mutual exchange of information. those victimized. In many areas. violent ~ehavlO~t' was Celiain mass media thrived on the depiction of violence VIOLENCE OF TRANSNATIONAL AND COMPARATIVE 89. It was emphasized that international te1'l'orism. causing acute public alarm and a gro':"lng feehng of in its most sanguine and saJaciou~ forms •. wh.e~her ~s INTERNATIONAL SIGNIFICANCE of whatever kind, was a genuine area for concern on the collective insecurity and anxiety, particularly among entertainment orin news presentatIOns. An llldlVldual s part of the United Nations. and the value of existing the citizens of some big cities. As a consequence, cer­ reaction to such exposure depended on a variety of 84. The Congress noted that the problem of vio­ conventions was mentioned, as were the limitations of tain areas of those cities were virtually deserted by the factors especially those that were familial and en­ lence and aggression had been much aggravated by their scope. Those limitations were explained as arising terrified public at night, and tha~ desertion of p~blic vironm~ntal. Some persons, especially juvenile~, w~re change, in particular by the vastly increased speed and from an attempt to achieve only the possible; and to that places aggravated the situation still further. Espec~ally negatively influenced by the mass comn:umcatI~n ease of communication and transportation and by the end the conventions did not go beyond the point at dangerous for society were the violent acts commItted media under certain circumstances and, partIcularly III growing vulnerability of the means of transportation. which some reasonably general level of agreement by organized groups which, in some .ca~es, were the long term, a dulling of sensibilities occ,;!rred. That 85. The growth oftourism had led to citizens of one existed. Extradition had in the past proved a difficult ideological in character and tried to explOIt dIfferences could lead to a greater readiness to accept VIOlence as a country committing "traditional" offences in another, problem. between ethnic or national interests. Only the represe~­ means of responding to situations of conflict and to the sometimes including acts of violence. Indeed, many 90. Based on those observations. a proposal was tatives of some socialist countries and of one Latin actual use of violence. If the mass media had the capac­ crimes had now become international, and the resulting made that the United Nations should arrange for a American country reported a reduction in violent crime ity to exert a negative impact on individuals by poten­ complications had begun to undermine the criminal commentary on all relevant international conventions. in their countries. tially increasing the likelihood of violence, it might also justice systems of many countries. But those offences which would ensure that all were fully understood and 79. Some participants maintained that.' in t~eir be possible to reverse that impact b~ using the ma~s could probably be handled through traditional chan­ their scientific and legal validity clarified. communication media for the educatIOn of the publIc nels, in the main by an extension of extradition proce­ countries, economic development as. such-In particu­ 91. The need for a clear-cut definition of terrorism lar industrialization and urbanizatIOn-had not en­ towards socially acceptable responses to situations of dures and greater exchange of information between conflict. police forces. Participants unanimously recommended was emphasized by those participants who wished to tailed an increase in violent crime. The increase in distinguish between transnational violence of an ex­ violent behaviour in general should be seen in the 83. There was consensus among the pmticipants those measures, and urged the United Nations to pro­ vide leadership in that connexion. tended but essentially criminal type and the operations broader context of social problems that faced contem­ that the Congress should make the following recom­ of national liberation organizations. In such a defini­ porary societies in different parts of the world. In that mendations: 86. The term "terrorism" appeared in the discus­ tion, they wished to make the motivation of the actor connexion it was necessary to consider such factors as (a) The increase in violent behaviol~r should ~e sion at an early stage, and participants were agreed both the crucial element of distinction. Others were con­ unempioy~ent, discrimination again~t d!fferen~ ethnic analysed in the broader context of the SOCial, economic that it was extremely difficult to define this concept cerned with establishing the innocence of the victims. groups, deprivation which made It l1l~posslble to and political problems facing contemporary com­ with any precision and that serious implications arose who often had no connexion with the parties in the achieve a certain status except through v101ent or de­ munities in many parts of the world; from a faHure to formulate a precise definition. Some struggle, as the primary distinguishing factor. viant behaviour, and many other conflict-producing participants emphasized that "terrorism" and "trans­ (b) Research should be initiated to ascertain 92. It was pointed out that the first position in etTect situations. Those factors were coupled with decreased w~ether national violence" should not be used synonymously. there was a relation between development and ViOlent turned the situation into one of war. and that the inter­ opportunities for socializing in a constructive n:ann.er. A more general source of imprecision was that "ter­ crime. Special attention should be paid to such national conventions which established the rules for The discussion revealed a lack of adequate SCientIfic effe~ts rorism" was not commonly defined in legal codes: it information on that subject. as might be produced by rapid .s?cial ch.ange taklll[5 decision in such cases were the Customary and Con­ tIo was more of ajoumalistic, emotive term; and because it ventional Laws of War, the 1949 Geneva Conventions place in various countries, the dlSlntegra. l1: of tr~dl­ had no definitive legal status, there were real difficulties 80. Violent behaviour appeared in many ways to be tional community rules and values, dlscnmlllatton and the Hague Convention. Therefore, such consid­ in considering it within the context of criminal justice the outward expression of a crisis in social policy an~ in against particular ethnic groups, the decline erations were beyond the terms of "eference of this i~ oppo~­ processes. the social controls of· the contemporary commumty. tunities for constructive adjustment to the SOCial envI­ Congress. With regard to the second position, it was Several participants maintained that b~hind beha~i~)Ur ronment and, in general, the shortcomings of economic 87. Certain delegates suggested that the acts cur­ pointed out that the General Assembly had on several of that kind, there were usually SOCIal and pohtlcal and social structures; rently described as "terrorism" or as "terrorist" in occasions-for example. in its resolutions 3034 causes, although there were also other caL!ses stem­ nature could be classified into three types: first, acts (XXVII), 3070 (XXVIII), 3246 (XXIX)-reaffirmed the ming from deep-rooted problems o~person~lJ.ty. In p~r­ (c) Special attention should be paid to the factors committed by an individual in an international situa­ rights of peoples to wage struggles of national liberation ticular, mention was made of cha~glllg c~n9Itl~ns ?fhfe contributing to the violent behaviour ~f man¥ youn[5 tion-for instance, the unlawful interference with an and that blanket condemnation of all violent acts would and lack of opportunities for a fittlllg partlclpatlOn III the people in various parts of the world; III partIcular It aircraft in flight, whether intended for personal gain or impede that. On the other hand, in its resolution 3034 benefits of economic development. Individuals who would be well to consider how far violent behaviour, in because of psychopathology; secondly, acts similar to (XXVII) the General Assembly also expressed deep saw the avenues of progress and achievement steadily its myriad manifestations, reflected a failure or absence the first but committed by groups; thirdly, acts which concern regarding the increasing acts of violence which closing before them might .take th~ view tha~ the lawful of national youth policies. It was particularly desirable appeared similar to the first two but which were not endangered or took innocent human lives or jeopar­ means to their ends were Illeffectlve and mIght accept to examine how far the interests and anxieties of young perpetrated to further the private ends ofthe actors but dized fundamental freedoms. There was a basic lack of violence as a convenient solution, justifying their ag­ people were taken into consideration and met by t~e some cause to which they felt committed. Other par­ agreement on the distinctilon between a political act and gression or violent reaction in terms of their own con­ social policy in force, and what real share they had III ticipants pointed out that, in their view, acts of legiti­ a criminal one, so that thfHerms "terrorism" and "rev­ the adoption of decisions designed to solve major na­ ception of socialjustice. That led to the development of mate resistance against occupation should not be re­ olutionary violence" wt~re not differentiated. It was violent subcultures, which posited a system of norms tional problems; garded as terrorism. That view was strongly contested. proposed that acts refle~:ting a struggle for liberation and values standing apart from the dominant or central (d) The problem of violent behaviour, be~au"'4 ~ft.he 88. There was agreement that measures should be should be considered by ,)odies that were appropriate culture. The spread of such subcultures could be e~pe­ damage and anxiety it caused, should receIve prlOnty studied with a view to strengthening the forces of crimi­ for the purpose, including authorities under the four cially dangerous for youth, whi~h seemed to be partIcu­ consideration in the formulation and application of na­ nal justice against the first two types of terrorism by: Geneva Conventions, thus focusing on the rights of larly involved in violent behavIOur. tional policies of crime prevention. In particular, every protected targets, such as civilians or the postal ser­ effort should be made to prevent social conditions that (a) Extending universal Jurisdiction to all such vice. It was pointed out that the transfer of all problems 81. Alcohol and, to a lesser degree, drugs played a crimes (as was already the case for air piracy-for significant role in crimes of violence. Statistics revealed were conducive to violence. The family, the educa­ of transnational violence of a political or ideological tional system, community organizations and t~e mass example, the taking of innocent persons as hostages kind to that supervising authority, supported by par­ that in the majority of homicides one or the other pro­ and attacks against public buildings with explosives tagonist was in a state of intoxication. The next type of communication media should take a more effectIve part ticipants from both developing and developed coun­ in that work of prevention. The cultural organizations -especially if those crimes endangered the lives of tries, would entail the recognition of the legitimacy of offence most closely related to alcohol was assault and innocent persons; battery. The association between alc?hol abuse and of the United Nations should explore proposals for the forces against which they were engaged, an ~utera­ violence appeared to be strong, espeCIally among the an international convention providing minimum (b) Strengthening the observance of extradition don of the status of prisoners of war and other implica­ young, where alcohol abuse frequently resulted in guidelines for the content of mass communication laws; tions.

14 15 r-·-·------··-·------~-----~~---- -~---~~~-~-

and, on occasion. in the uprooting or displacement of 104. The most significant problem involved the 93. A certain number of participants suggested had shown that persistent traf~c offender~ ha? th~t psychological anomalies-in. particular, l,ow major segments of popUlations; considerable number of illegal immigrants who were the real answer to acts of terror-VIOlence of a transna­ Ill~elh­ gence. There was a relatlOn between tJ affic Viola­ brought into host countries, frequently by unscrupu­ tional or international nature which were not for per­ al~o (2) Wars, political persecution and similar events tions and general cnmes; which compelled individuals to flee and seek asylum in lous purveyors of cheap labour and often under cir­ sonal gain required the examination and correctlOn. of cumstances that subjected them to unfavourable living the causes of discontent which led to them. Alternative (d) Many traffic accide~ts wer~ caused by factOl's a foreign country; and unrelated to the motor vehIcle or lts as conditions, including slum dwellings, malnutrition and techniques of conflict resolution were commended as a ope~'ator, su~h (3) The influx into a country of large numbers of pOOt' education. The absorption of those govern­ possible ultimate solution. It was also 5uggeste? that an poorly designed highways. hazardou.s mtersectIOns, migrant workers from other countries in search of bet" uncontrolled highway crossings and slIppery road sur­ mentally unscreened immigrants into the national im~ediate definition of terrorism was not possible, and ter economic opportunities. economy was deemed unacceptable to most Govern­ efforts of the General Assembly in that regard were faces, 99. These situations often entailed similar forms of ments, not only because of interference with planned cited as an example. 97. The discussion led to conclusions in two criminality, such as passport and visa violations, fal­ labour policies but also for reasons of public health. In 94. International criminal terrorism whicp was. car­ categories: sification of documents, exploitation of labour, tres­ addition, the methods used in transporting those work­ ried out for personal gain or for the mater~al gam of (a) With reference to the criminal justice system: pass, larceny, prostitution and so forth. Thus, people ers to the host countl·y and the life style imposed upon small groups was consider~d to be l!nques~lOn~bly an who would otherwise not have been criminals were them after their arrival frequently entailed violations of appropriate object of attention for cnmmalJustlce sys­ (0 Minor traffic violations sho~tld. be. d~­ often compelled to become such by conditions beyond basic human rights. tems. The debate centred largely ar~und the long­ criminalized or at least be dealt wlth m a Simpli­ their control. fied manner; 105. Two majorissues concerning migratory work­ standing efforts to create an Inte~nattonal Court of 100. The pmticipants agreed on the point made in ers were raised. One participant suggested that foreign Criminal Justice with effective enforcement (ii) The police should be relieved of the ?uty of the working paper that the problems were mainly politi­ workers drew extra vigilance from the police and that mechanisms, controlling parking and of related t~sks m order cal and social and often not of direct concern to criminal that might amount to discrimination, extreme cases of 9). In summary, participants were agreed that to enable them to concentrate theIr efforts .on justice. There was a consensus that the best way to which he fel t might need to be made criminal. The 1965 str~ng multilateral action was Ul'gently ~eeded ~o fight dangerous and serious offences. !he J?ohce eradicate criminality associated with migrants and ref­ Convention for the Elimination of all Forms of Racial not only current levels of ~ersonally motivated trans~~­ should make more use of technological aids; ugees was to develop social, educational and health Discrimination was considered a means of preventing tional crime, especially violent Crime, bu! ~lso antIcI­ (iii) Traffic law enforcement s~ould not be ob­ services rather than to institute stricter enforcement of discrimination against migrants. Another participant pated increases, and that clear-cut defimtlOns of tl:e structed by natIOnal boundarIes; the law. It was suggested that in developing countries drew attention to the persuasion of young girls to move dtfficul t terms and concepts involved t:ecessary m voluntary welfare agencies could supplement govern­ to other countries, where they were used for illicit wer~ (iv) Sentencing practices should be standardized to order to permit both personal. and pohtlca~ a~ts of reflect the reality of international mass travel; mental resources in short supply. purposes. terror-violence to be approprIateI.y ~n~ dlffel ~ntly 101. In cases of hostili ties and political persecution 106. The discussion led to the following conclu­ handled. whether committed by mdlVlduals ?l by (v) National criminaljudgements should be ~alid in other countries whenever procedures lU1ght be it was possible to discern specific criminological prob­ sions: States. It was significant th~t t~e C~ngress did ~ot lems. It was pointed out that the accumulation of large approve of "political terrOI1sm while. ~ondemnIng transferred on the basis of treaties and conven­ (a) The United Nations should consider offering numbers of refugees frequently entailed problems re­ migrants international travel documents for the period other forms of terrorism. Indeed, the partlclpan~s were tions; garding the diversion of aid and fostered the commis­ agreed on the need for international and. multll~teral (vi) Short-term imprisonment should be avoided as during which their status was being considered by na­ sion of espionage. One participant suggested that war tional authorities. That would preclude suspicions action to rid the world of all forms of mtern~~lOnal far as possible; there was an urgent need for refugees would naturally turn against the State from violence: but there was also agreement that polItt7~llY alternatives-in other words, for unconven­ about political motivations which sometimes attach to which they fled and feel compelled to perform many internationally active social welfare agencies; inspired violence. committed ~or the sa~:- of gammg tional measures. acts of revenge. national independence or ethmc recogn!hon or secu­ (b) Consideration should be given to the establish­ (I» Outside the criminal justice system: rity, could not be expected to re,cede until ~he underly­ 102. Some participants reported on serious prob­ ment of an international agency of world-wide compe­ ing causes had been satisfactOrIly dealt With. (i) Diversified driver-education programmes lems attributable to large numbers of illegal entries tence to deal with immigrant workers and of a charter should be organized; where major political disasters had occurred and where for immigrant workers; CRIMINALITY RELATED TO MOTORIZED TRAFFIC authorities suspended strict enforcement of the rele­ (ii) Manufacturers of motor vehicles should im­ vant laws. It was pointed out that the International Civil (c) Much of the labour legislation of countries with 96. The alarming world-wide increase of traffic ac­ prove existing safety features and develop new Aviation Organization'S Facilitation Programme al­ immigrant labour needed revision; ones. The use of safety device~ sh?uld be en­ cidents was emphasized and it was noted that the courts ready provided for continuing revision of immigration Cd) The international machinery to assist refugees were overwhelmed with traffic cases: There was no couraged and expanded; and legislatIOn to make laws with the result that Governments frequently that measure compu~sory might b~ consi?ered, and disaster victims-namely, the United Nations High single answer to the problem of traffic accidents and realized they could achieve their goals equally well by Commissioner for Refugees and the Office of the offences, although it was agreed that proposals for the taking into account different experiences m var­ non-penal means. ious countries; United Nations Disaster Relief Co-ordinatol'-should improved han~lin!S of traffic cases .should be bas,ed on be strengthened; the general pnnclple that preventIOn was better than 103. As far as migratory workers who had been (iii) Effective speed limits, which undoubtedly re­ transferred legally to other countries for purposes of punishment. As far as law enforcement .an? the .ad­ duced traffic accidents, should be implemented; (e) The advantage of bringing representatives of ministration of justice were concerned, cnmmologlcal lawful employment were concerned, there seemed to migrant worker groups into the public administration, (iv) More complete examination, particularly with be no evidence to suggest that there was among them a research had shown that: especially in the area of law enforcement, of the host reference to psychological factors, should be greater incidence of criminality than among the com­ communities in which they were employed should be (tl) Quick, certain and uniform apprehensi~n and made before granting driver licences; parable age groups in their countries of residence or kept in mind. punishment of offenders were of the utmost Impor­ (v) Periodic inspections of vehicles should be insti­ origin. However, where host countries had failed to tance: tuted. integrate migratory workers into the social system FEMALE CRIMINALITY (b) Criminal law enforcement involved the i,nterplay there was a danger of a negative effect over the long of three factors: law, procedure and sentencmg. Th.e CRIMINALITY ASSOCIATED WITH MIGRATION AND run, particularly through criminality resulting from 107. Among the more notable changes in forms and interrelution of those factors should be carefully conSl­ FLIGHT FROM NATUR<\L DISASTERS AND HOSTILITIES ghetto-like living conditions and cultural conflict be­ dimensions of criminality were recent changes in dered so as to achieve an optimum balance and effec­ tween migratory workers and those of the host country female criminality in various countries. Because there 98. The Congress considered thl:ee situations of so­ tiveness in their operation; and between the new generation and earlier genera­ were no accurate and internationally comparable data cial and criminological concern whIch e~e~ted ~evere tions. Moreover, basically lawful forms of contempo­ on female criminality, there was agreement on the need (c) There were different types of traffic offenders. In strain on law enforcement and the admIllIstratlOn of particular, a rough distinction should be drawn between rary migratory movements had led to such multiple for considerably more research and more internation~ justice: abuses as unlawful forms of recruitment, maltreatment ally comparable research data before any universally casual and first offenders and mi~or offences, on the of workers and, in particular, the illegal transportation one hand, and mUltiple and perslst.ent. offenders and (1) Natural disasters whi.ch o~len resulted iI?- ex­ valid conclusions could be reached and planning in­ treme suffering and economIC rum for the surVlvors and substandard employment of migrant workers. itiated. serious offences on the other. Studies III one country

16 17 .... ------...,~--.,...... ~--.~. -.------.- --- . \

various future ones. The opinions of experts inparticu­ United Nations Congress on the ,Prevention of Crime also drawn to the abuse of preventive detention in some 108. The available evidence indicated that in a lar fields were used to gauge those probabilities. The and Treatment of Offenders (A/CONF.56/4), which areas nn? to excessive .recourse to short-term impris­ number of non-socialist developed countries the female resulting estimates were necessarily subjective but made use of, among other materials, the notes by the onment In most countnes. crime rate had increased much faster than the m~le were supported by reasons, modified in the light of the Secretary-General on criminality and social change 121. That situation seemed to be even worse if un­ crime rate during the past decade. and c~anged poltce arguments of other experts, and were therefore not (A/8372) and crime prevention and control (A/8844, practices alone could not account for t~IS. However, detected criminality were considered in addition to re­ merely arbitrary guesses. A/9332). The reports of the regional preparatory meet­ co,rded crimes. To illustrate, the figures for undetected the opposite phenomenon had occurred In other coun­ ings alsQ provided useful information. tries under similar conditions. There seemed to be 114. Many issues conceming forecasting were still cnmes were extremely high. particularly in certain agreement that participation of women. in the .develop­ unclear. But a number of questions were considered to 117. The participants in the discussion decided to fields. and the perpetrator:;: of a great number of socially ment of their countries was not a criminogenic factor. be pertinent as a first step towards achieving greater take up the topics under consideration in the following harmful acts were rendered immune because of their In some countries, on the other hand. an increase in clarity. Those included: order: links ~o p?liti~al authority or economic power, often in female crime rates could perhaps be attributed to lac.k (a) What were the best methods and techniques of (a) The characteristics and factors of the current. combmatlOn )l1 a structured and subtly disguised man­ of opportunities to participate fully in socio-economlc forecasting in relation to crime and criminal justice? pro~ounced dif,ficulties of the criminaljustice system in ner. life. Perhaps a distinction should be made between short­ vanous countries; 122. Social development had led to a cel1ain 109. In order to remlwe the issue of female crin:i­ term forecasting (up to five years at most), medium­ (b) The need for long-term re-examination of the role awareness of the difficulties encountered through the nality from the realm of guess-work and to engage In term forecasting (five to 15 years) and long-term fore­ of the subsystem of social control represented by crim­ present techniques of crime prevention and repression. successful social defence planning, the Congress casting (over 15 years); inal justice; That raised the question as to whether it might be agreed that all States should be .invited to inform the necessary to rethink the entire basis of criminal policy (b) How much emphasis should be put on long-term (c) Short-term and medium-term reforms in criminal United Nations, through the natIOnal correspondents, and criminal justice. or medium-term, as opposed to short-term, f~recast­ law; of developments pertaining to female criminality and of ing? It might be more profitable to try to look Instead 123: The objective of legal rules and of thejudiciul the success or failure of their counter-measures. into the nearer future; (d) Procedural means of lightening the load on the machmery was to protect an "established order" judicial machinery; 110. The Congress also considered it necessary (c) What kinds of information were likely to be which might be challenged simply on the grounds that that controlled scientitic studies be undertaken on the needed for making effective forecasts in the area of law (e) Non-judicial methods of crime prevention. the "values" it defended entailed a good deal of dis­ l;rimination and privilege. The emancipation of man interrelation between socio-economic development, and criminal justice? Various social, economic, 11.8. It was hoped that the many participants who was conducive to the thought that both the defence of the integration of women into national economic life psychological and other factors might be used in differ­ had mformed the Congress of experiments carried out and female criminality. Such studies should focus on ent ways in longer-ten~ forecasting. The effe~t~ of an established order and the attempt to replace that in their countries would understand that the present order were equally political. comparisons of countries with different experiences changes in the organizatlon and resources of cnml~al report could not mention all of those experiments. and trends in female criminality, the causes ~1I1? ex~ent justice and in legislation sh~uld be included but, ow!ng However, all comments had been taken into account in 124. The "established order" \\ as characterized in of differential treatment of women by the cnmInal JUs­ to cultural differences, a smgle model of forecasting the choice and orientation of problems and in the solu­ many countries by inequalities, ana even by real politi­ tice system, and experiences in dealing with the pre­ would probably not be universally valid. tions outlined in this report. Ii. was hoped that it would cal, cultural and social injustkes rooted in the delinquent and delinquent behaviour of women and It was essential to provide for the exchange of also be und·""stood that the report would touch on prob­ eco,nomic structur~. In some economically developed theil' children outside the criminal justice system. 115. information between countries as to possible future lems that were not encountered in all countries. regions, a profit-onented approach might l'esult in the conditions. The United Nations should provide leader­ Moreover, because the subject was so complex and the exploitation of citizens. By the salTle token, a naive and FORECAST1NG OF CRIME AND CRIME CONTROL ship in setting up i.nternational opinions expressed so diverse, the Rapporteur had to static bureaucratic approach might :::tifle the develop­ PROBLEMS co!la~orative ma~hin­ ery. which was to mclude the begmm?gs of a ~~lfied formulate his own account of the discussion (see !TIent of the individual. In developing cegions, political statistical data base, although the techmcal, defimtlOnal paras. 116-188 of the present report). The Congress 1I1dependence was not always accGmpanied by 111. All items before the Congress were concerned, did not discuss those paragraphs and therefore could economic independence and cultural decolonization. at least implicitly, with the future. The final topic was and scientific problems involved were considerable. Future worthwhile forecasting was dependent upon the not pronounce itself on them. However, after discus­ Those situations led to social frustrations which were expressly concerned with the possib~\ity of us~ng 11}od­ sion the Congress did adopt the amended conclusions frequently crime-provoking. ern forecasting techniques to predict the directIOns establishment of a scientifically sound research and data base. Collaboration between national research and recommendations included in the present report 125. In most countries one found discrepancies be­ which criminality might take during the next sev~ral (paras. 189-191). decades and to consider what counter-measures might bodies should begin immediately and help should be tween the norms or criteria of the law and the needs or made available to developing countries lacking the re­ aspirations of the community governed by that law. best be employed. sources that were immediately required. The United EVALUATION OF THE CRIMINAL JUSTICE SYSTEM Legal and judicial regulatory mecharlisms were often 112. The forecasting of trends in crime and its con­ Nations was already providing some assistance through outmoded or unreal. trol could not be separated from the forecasting of the Crime Prevention and Criminal Justice Section of 119. A number offactors were judged indicative of economic and social trends in general. Opinions varied 126. Some systems were reluctant to accept the fact the Secretariat, the United Nptjons Social Defence Re­ the relative inadequacies in the criminaljustice systems taht law was relative and that the norms and as to how accurately those general trends could ~e search Institute and the reg: ,al crime prevention insti- of several countries: rising crime rates, overburdened forecast. Current methods of forecasting were still mechanisms of that law were valid only for a given tutes. courts and prisons, the nUlliber of undetected offences rather primitive and notoriously fallible even when moment in history. A successful revolution rendered and the professionalization of crime, to name a few. legal and legitimate that which was formerly illegal and used to make relatively short-term predictions concern­ REPORT ON AGENDA ITEM 6. CRIMINAL The criminal statistics of a great many countries ing phenomena for which past data were available. B';1t unacceptable. Progress in the behavioural sciences LEGISLATION, JUDICIAL PROCEDURES AND showed a quantitative increase and a qualitative wors­ when considering whole patterns of social, economlC tended to challenge justifications and traditions. OTHER FORMS OF SOCIAL CONTROL IN THE ening of crime. That phenomenon was continuing in and cultural change, the problem became Vastly mor.e PREVENTION OF CRIME spite of legislative and prison reforms and the resources 127. It was found that it was not sufficient to amend complex: one could not extrapolate from past expen­ allocated to research on crime prevention and the a text in order to adapt a legal and judicial system to the ence since many changes would be qualitative and not Rapporteur: S. C. VERSELE (Belgium) treatment of offenders. Technical progress seemed to changing demands of a community or a science. Laws simply quantitative. Several delegates and experts be utilized more by offenders than by law enforcement on probation might still be applied with the traditional thought that extrapolation could not be valid for a agencies. repression-minded attitude; social services might still period longer than three years. 116. For its examination of f::-'':;iv:"<; characterizing fUnction in a spirit of discriminatory paternalism. 120. The overburdening of the courts and prisons 113. It was proposed that more subjective techni­ the current difficulties in the criminal justice system-which some participants did not consider a often indicated that too many persons were being pro­ 128. Among those who were prosecuted, sentenced ques, such as the so-called Delphi methods, should be true "crisis"-and in its search for appropriate means secuted through traditional criminal procedures and and imprisoned, the socially under-privileged classes used instead. That involved characterizing the present of solving those difficulties, the Congress found some punished by deprivation of liberty. What was more, were unquestionably overrepresented. Since that was as a set of states and estimating what possible future traditional criminal procedures had proved to be very not the case with regard to crimes that were not rep­ states might exist in a given time, then estimating the particularly useful material in the wo!king paper ~re­ pared on that topic by the SecretarIat for the Fifth cumbersome and extremely expensive. Attention was resented in official statistics-except for certain varia- probabilities of change from various present states to

18 19

=. i tions depcnding on the type of crime-it h.ad to be THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN CRIME ble to those of celiain criminal j\lstice functionaries concluded that most judicial systems were biased. PREVENTION who violated the Jaw by abuse of their power and re­ particularly true for countries which had known periods of colohization and which had won their independence mained unpunished because of that power. Such of­ only in the past few decades. 129. What was more. a regression of criminal jus­ 136. It was pointed out that in.con~rast "Yith. other fences might range from bribery and corruption to tor­ tice towards forms of severe repression was to be noted branches ofIaw, criminal law had hIstOrIcally I nfllcte~ a ture of persons in custody. whenever a country had to face new phenomena whose legal wrong on the person who had caused a SOCIal causes were still unknown and whosc effects were often disturbance. Criminal justice had therefore to .be 144. It was to be feared that the criminal justice REFORMS OF CRIMINAL LAW unjustly assumed to be socially harmful. analysed as an aggressive reaction ?f the c~mmul11ty system might sometimes become an alienating factor. against those of its members who disturbed ItS order. More and more often procedures and decisions were no 151. Participants in the discussion on the reform of 130. Whatever the intention of the )udg~s, ~he longer being understood by the citizen directly affected 137. Criminal justice was a subsystem of social criminal law noted thatin some regions, the codes, laws penaltic!o, they imposed entailed,a soc~al stlgmatlz.atIOn or by the wider public. Citizens sometimes hesitated to control over actions or omissions declared to be harm­ and institutions forming the framework of penal sys­ I of the persons who were the subJec.ts.lfnot the objects. turn to the law, even when they had been the victims of ful to the community, and it constitut~d t~e extre~e tems were outmoded; in some cases they had been I of those penalties. That charactenzatlOn of sentenced punishable acts. Honest citizens, good people, boasted and radical form of social control, but It did not ex~st imported in colonial times. That resulted in systems offenders was a cause of social alienation and therefore of never having appeared in cOllli, "even as a witness". that were unsuited to the current social requirements of recidivism. independently of social control as a wh.ole. As a SOCial mechanism, criminal j ustice had to be directed towards 145. Lastly, there was a lack of harmony between the regions to which they were applicable, just as they I 131. Many countries deplorcd the alienation of pub­ an objective that was boc~al ~ather t?a!l m?ral: Accord­ judicial deci'sions, which were rather on the strict side, were unsuited to the recognitions of contemporary ... and their implementation, which was rather on the flex­ criminology and the requirements of criminal policy. It / lie opinion from cr!minal jU!o,t~ce .. People no ,~onger ingly, the relations and cntena of crimmaijusttce had to ible side. Sometimes the reverse was also true. In real­ was aweed that innovation and adaptation of proven sccmed to have confidence 111 aJustlce they considered be more operational and pragmatIc and less based on experIence were to be preferred to imitation, and tradi­ cither ttK) indulgent or too severe. Justice seeme.d unre­ abstract concepts. ity, what was done was "other" than what had been solemnly decreed. tions should be accorded no more than their true value. lated to social reality; its notions. ctiteria. set~1I1g a~d 138. Many factors contributed to the isolation of I spe~ch were,ali.en t~ r~al li~e. ~here "Yas a certa1l1 s~ctal criminaIjustice from the machinery of social control as 146. klOther problem was that criminal justice 152. Furthermore, the majotity of countries were schizophrenia 111 cnmmal Justice. Divorced from leal­ a whole. The preparatory work for the ~ongress .ha? seemed to be powerless in the face of transnational succumbing to the very real phenomenon of proliferat­ ity. criminal justice no longer ?uarantee~ the saf~ty of emphasized some of the factors preventmg the cnmI­ criminali ty, whether directed against persons or ingpenal institutions. In the face of the steady growth of citizens and often seemed umnterested 111 certain so­ nal law system from accomplishing that which was whether of an economic nature. Detection and suppres­ problems of maintaining order raised by the increasing cially harmful situations. essentially social. sion of that type of criminality was handicapped by the complexity of contemporary life, penal procedures collusion of persons in authority as well as by legal/ were instituted without any attempt to see whether 132. Moreover. criminologists sometimes became 139. Criminal law was an excessively static s~bsys­ technical problems of jurisdiction. Collaboration be­ other equally effective solutions could not be found tem of social control. Like any legal system, It was discouraged in their efforts to se:ve justic~. On the one tween States, which was essential to contain that crimi­ through non-penal and non-judicial channels. based on norms whose stability, to be sure, guaranteed hand. clinicians realized that their sugges.tlOns ba~ed on nality, was sometimes frustrated by divergent interests the security of those under its jurisdiction but whi.ch 153. On the other hand, penal systems suffered the offender's personality, the dynamiCs of hl.s ?e­ among them, Adherence to conventions and treaties from certain omissions in that they provided inadequate haviour and the mechanism leading to the commiSSIon gave rise to conflict between "legally protected 111- was not necessarily strict. terests" and the current needs of a social life that in penalties or none whatever for the restraint of acts that of his crime could not be adequately followed because were prejudicial to the community and that were previ­ of the rigidity of legal imperatives .. On the ot~er ~~nd, recent decades had been particularly prone to change. 147. To accomplish its tasks better, criminal justice had had recourse to criminological research. Unfortu­ ously unknown or were becoming more serious. New sociologists regretted that the reactIOns ofthejU~Iciary 140. The image of criminal justice was, to a large offences were frequently the result either of technical did not always correspond to those of the SOCIal ser­ extent rendered sacred and ritualized by texts that nately, such research was often centred on the indi­ vidual clinical analysis of the offender, on diagnosis and progress or of stretching the limits of permissible prac­ vices, that preventive mechanisms d.id not have a pla~e were ~ore understandable to the officials who applied tices in industrial, commercial or financial activities. in existing political. cultural, soctal and eco~omlc them than to the citizens who were to live by them. The prognosis. It had done that on the basis of samples that structures and that "new social vlilues" were. rejected staging of justice, the dress of its officials; it~ special were not re~lI'esentative because they did not include 154. ~onsequently, there seemed to be sufficient by the systcm, which tt:rmed them "subversIve". meanings and its language were those of mSlder.s,. of uffenders who had been filtered out by the police or the justification, in the long or short run, for modifying the professionals whose choice of caree~, whose tramu~g public prosecutor, or the undetected and the "gilded" general principles of the penal system to bring them in 133. It was generally acknowledged that ju?icial and whose hierarchy were charactenzed by a certa1l1 figures. In addition, some practices of "clinical" line with current criminological knowledge and for and prison mechanisms might have effects conducIv.e t? rigidity. criminology might lead to illusory individualizations, modifying the criminal law by the elimination of celiain crime and might in certain cases actually create cnml­ because their demands were irreconcilable either with offences and the introduction of new ones, so as to nal careers. It had to be recognized also th~t. pro­ 141. This gave rise to something which -.yas not the norms of the law or with the equality which the adapt the penal system to the contemporary require­ secutors and judges were perceived in quite a different authentic in the relations between the protagol11sts of a collective conscience required. ments and wishes of society. manner from that in which they would like to be re­ criminal trial: between the victim and the perpetrator, garded. between the latter and the police, the prosecutor, the 148. A socially responsible criminology was indis­ 155. Reform of the general principles of criminal judges and the prison officers, between criminal justice pensable if criminal justice was to become effective. It law should be directed towards rectifying the historical J 34. Consequently. it was I!e~essary '. in .the lo~&­ and public opinion. was perhaps equally important to study the motivations error which had resulted in codes written for lawyers term, to rethink the whole of cnml11al pO~lcy. In a sPI:rt andatti tudes of policemen, prosecutors, judges, prison and not for those to whom they were applicable but 142. Criminal justice was discriminatory in the officers and all the other minions of the law as it was to incomprehensible. ~)frationaJization. planning and democratIzatIOn. Wh.lle sense that it was exercised against traditional forms of avoiding abrupt reforms that .w

20 21

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158. Depenalization consisted of transferring the There, as in the traditional process of criminal 163. c~:)lJntries in whi~~ there was a body especially respon­ corrective action called for by certain types of conduct law human rights and the tights of defence should be slbl~ for sllpervlsll1g the use of the acknowledged dis­ Cd) A ruling that the act was not socially dangerous to forms of social control other than the cdminaljustice respected. Methods shoUld. be avoided w.hi~h would cretIOnary powers. In some countries, legislation stipu­ and that no punishment was necessary; system. Those other forms of control would be the result in an overrepresentatlOn of underpnvlleged so­ lated that the authorities might propose a (e) Work on behalf of the community; and responsibil i ty of bodies or agencies of an administrat!ve cial groups, both in the diversion process and in ~ol1'ec­ "settlem~nt"-namely, payment of a sum of money or social nature, and their action would be persuasive tional facilities. Moreover, a revision of legal aid sys­ representll1g a sort of fine with costs-which protected if) A simple r~plimand, with or without the requil'e­ me~t of a promIse of good conduct. Those measures rather than coercive. Experience had shown that some tems to serve all citizens equally was required. Lastly, t~e offe,nder from any later prosecution. Lastly, by antisocial behaviour required medical, socio­ easier access by all citizens to the social services should which were not depl'ivative of liberty might neveithe­ vll't~e. elth~r of a law or of tolerated practice, the au­ pedagogical or material assistance and that re~ourse to be provided in all countries. less ~omet~n:e.s include restrictions on the exercise of thontles might grant a stay on condition that the victim certam actiVItIes. the criminal justice system was unsuitable, If not al­ 164. When the authorities became aware of an of­ be compensated and that other conditions be fulfilled together harmful, in such cases. fence it should not be mandatory for them to set the which were designed to alleviate the conditions or situ­ 175. It probably would be useful if all countries 159. The purpose of decriminalization and. de­ cumb~rsome and often counter-productive judicial ations apparently linked to the offence committed. would follow the example given by some in: penalization was not to condone the forms ofbe~av~o.ur process into motion. Instead, they should be encour­ (a) Lit;1iting the number of short-term ptison sen­ concerned but to alleviate the burden on the JudICial aged to entrust the solution of the problem t,o non­ 170. That practice could be extended if certain gu~rantees were given, among which the following re­ tences, either by prohibiting imprisonment for celtain system by removing from its purvie:v minor offe~ces judicial services. Both the common-law countnes and qUIrements should be emphasized: offences or by requiringjudges to give reasons to justify which were relatively harmless to society. Depenahzed the socialist countries supplied examples of that tech­ pnson sentences; acts would be handled by agencies whose closer ties to nique. It would be useful if wider circulation could be {a) The accused must deny neither the act nor his ,J the community would permit more flexible procedures given to the results of those non-judicial systems, a gUIlt a~? must expressly accept the proposal of the (b) Laying down conditions for intermittent impris­ authontles; onment, with provision, for example, for release on and action better suitedto the specific circumstances of characteristic feature of which was that the matter was week-ends; the case. The more developed countries could take as taken in hand directly by institutions which, though (b) The circumstances of the case must be such that an example in that area the customary arbitration sys­ often non-statutory, were deeply rooted in popular prosec~ti~n.did not appear essential to the achievement (c) Arranging for active participation by the prison­ tems which had been maintained or re-established in tradition. of the llldlvidual and social purposes of intervention; ers 111 the organization of prison life; and the developing countries. 165. Matters that could be side-tracked in that way (c) The commitments entered into by the offender (d) Working out criteria for early release and ar­ 160. A policy to create new offences seemed neces­ would of course involve only minor offences of a kind must include the commitment to make good all the ran.gements for social rehabilitation, with the direct and sary in order to provide protection against the socially that required social intervention rather than criminal damage resulting from his act. actIve co-operation of the community. harmful effects of certain forms of technical progress, proceedings, the negative effects of which would be as economic speculation or political violence. Before excessive. Nevertheless, it should not be possible for 171.. Detention pe~ding trial should be a genuinely 176. It v.: concl~ded that sentencing problems de­ criminalizing heretofore legal conduct or modifying the such decisions to be taken without the consent of the exceptional procedure In the case of the vast majority of served s~ecIa! attention. They were rendered difficult coverage of existing prohibitions. the following condi­ perpetrator of the act, who should specifically be given suspects and accused. The law should determine the by the dIVerSity of procedures, judicial organizations tions should be taken into account: the existence of a all the rights of defence, including that of choosing to c~nditions, fi~ maximum limits for detention pending and penalties or measures provided for by the law, and tnal and require the grounds for the issue or extension of the powers granted to the penal administration to real risk to the entire popUlation or to some segments of have recourse to the judicial process. execute jUdicial decisions. the population. the inadequacy of non-penal methods of the ."-:arran~ of arrest to be checked by the judicial 166. There was no unanimity as to whether the a person was presumed innocent and the assurance that the negative effects of the aut~onties. ~mce 177. 1':1' evertheless, it seen;ed possible to sllg3est tv police should have the power to divert a case towards until fo~nd gUIlty, a.nyone detai.ned pending trial should charges brought in connexion with the new offenc~s administrative and social bodies. Views varied consid­ all c~)l1?tn.es some general gUIdelInes Which, owing to would not outweigh their positive effects. Areas m be held m an estabhshment Which was not a prison and the llI!lltatlOns of the present report, necessarily had to erably, as did actual practice. In practice, the police shoul? be placed under as tolerant a regime as possible, be bnef: which it had been felt that new offences should be sometimes refrained from instituting proceedings and defined included economic or fiscal delinquency, acts espeCIally as regards contacts with lawyers and family 1 gave a "warning" instead, while some laws empowered members. (a) Cpnstant and effective respect for the dignity of of national or transnational violence, numerous forms the police to impose fines of an administrative type. of environmental pollution, and political and financial the .offender ~nd for .the freedoms and rights he still Some people feared that the latter would lead to arbi­ . 172 .. Judges should be advised to avoid discrimina­ retruned despIte conVICtion; 1 corruption and collusion. trary decisions and discriminations according to the so­ tIon whIch would have the effect that some classes of 161. It would be necessary to elaborate general cial class of the offender. Others took an opposite view accused persons, such as foreigners, non-conformists (b) Due regard for the permanent relation between criteria for decriminalization, depenalization and the and considered that that technique could very usefully and. the poor, could .be detained pending trial more the offender, the courts and the community; introduction of changes. Each country would have to lighten the workload of the courts. easIl y or for longer pen od s than others. The comm unity (c). for judges, find ways of determining the real social needs and should organi~e se\vices to provide shelter for suspects ~rofessi?~al qu.ali~cations 167. Nevertheless, there was general agreement and to make It easIer for them to be left at liberty. speclahzed trat!1lllg for cnmlnal court judges and a grea­ wishes of its entire popUlation. The will of the people that all the details of the case should be recorded in ter representatIon of women in the judiciary; should not be distorted through the use of channels writing, with a written statement of the reasons for the 173. The courts should also be anxious to avoid whose democratic nature was more apparent than real. decisions and of the fact that the citizen in question had repressive sentences, with all their negative effects. (d) Some correspondence between the social seri­ There was a general agreement that the seyerity of consented after having been informed that he was enti­ !hey should be empowered by the law to pronounce a o~sness of an act and the severity of the punishment, sanctions for many offences could be drastically re­ tled to opt for judicial proceedings. Judgement other than a sentence of imprisonment or a With due regard to especially dangerous conditions; duced, e!>pecially in the case of offences that did not fine, and that aim should be achieved on the one hand entail serious social or personal harm. 168. It was pointed out that decriminalization might by widening the range of punishm~nts and, on th~ (e) . A constant and persistent endeavour to seek become particularly effective where, as is the case in other, by providing for the training ofjudges in the art of sanctIOns that were less aggressive in their application REFORMS IN CRIMINAL PROCEDURE many countries with indigenous systems of justice, sentenclllg. and ~ess aggression-provoking on the part of offenders, partIcularly as regards capital and corporal punish­ 162. It was emphasized that any changes in judicial compensation of the victim by the perpetrator was still ment; an established practice. Developed countries might 174. Several countries had already widened the procedures should essentially be directed towards re­ range of measures which the courts might apply to end ducing the number of matters put through the whole well wish to examine the advantages of victim compen­ legal proceedings, including: if) A persistent endeavour to select measures that penal process and towards entrusting their solution to sation schemes as substitutes for retributive criminal car!ied the least s~jgma and with the application of justice. . (a) Suspension of sentencing, with or without condi­ organizations or services in whose operation the com­ tlOns; which the commumty could be associated; munity itself took the initiative. More specifically, an 169. In several countries, authorities had always re attempt should be made to create or widen channels (b) Suspension of the punishment with or without W) C8: not.to lengthen a trial unduly by studies of had the right not to prosecute an offender. In actual personahty which were not really essential; wheleby the penal process could be replaced by social practice, dismissal without proceedings was left to the conditions; , actions which were more direct, less time-consuming, judgement of the courts under the supervision of the (c) Compensation for the damage done, regarded as (h) Provision of specific reasons for decisions in a less costly and without stigma. prosecutor or the minister of justice, except in a few a penalty under public law; ~anguag~ i?telligible to the offender and to public ~pin­ lOn, aVOldmg stereotyped expressions; 22 23

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183. It would be necessary to lay down criteria and radio an~ television. should strive to ,alert public opinion REPORT ON AGENDA ITEM 7. THE EMERGING (i) The endeavour to establish a certain correspon­ make practical arrangements for decision-making, con­ to the phght of deVIants and offenders and to mobilize ROLES OF THE POLICE AND OTHER LAW dence between types of offences and types of punish- trol and on-going assessment. It appeared that such opinion so as to secure the co-operation of the entire ENFORCEMENT AGENCIES, WITH SPECIAL meDt; efforts should be centred around decentralization, de­ population in programmes for the prevention and con­ REFERENCE TO CHANGING EXPECTATIONS tainment of socially d~ngerous behaviour. Every citi­ Care to select, from among solutions offeling professionalization and popula:i~ation, ill: order to. en­ AND MINIMUM STANDARDS OF PER­ (j) zen needed to be convmced that there was more merit equal chances of success, that which was least harmful sure optimum control and mmlmum stlgmattzatlO~. FORMANCE However, societies should also learn that a certam ~n being ~air an? showin.g rellow-feeling than in dis pens- to the offender and least expensive to the communit>:, 111g chanty while rema11110g selfishly discriminatory. which meant avoiding imprisonment whenever POSSI- amount of deviance was unavoidable and thus natural. Rapporteur: P. J. STEAD (United Kingdom of Great Britain and Northern Ireland) ble; and Yet each society had to find its tolerance level. 189. Budgetary expenses should be studied on the principle that the sav~ngs made by relieving congestion (k) An understanding of the para-judicial facto:s in­ 184. Efforts to replace judicial proceedings by so­ 111 the c~urts and pnsons could be ,used to carry out 193. For its examination of the emerging roles of volved in delinquent behaviour and of the occaslOnal cial control should focus on direct links between the comrl!U1:uty programmes ~f preventIon and to provide law enforcement agencies and in its search for more nature of such behaviour. "controllers" and the "controlled", easy communica­ appropdate an? effectiye I?ethods by which the police tions between the two, the sensibility and solidadty of the VIctims of offences WIth compensation which the 178. The law faculties and the schools of criminol­ offender himself would be unable to give. c.ould perform ItS fUnctlOn m the fields of clime preven­ ogy should include in their programmes courses and micro-environments and the possibility that the micro­ tIon, law enforcement and the maintenance of order exercises in sentencing. In addition, arrangements environments of neighbourhood, work and family the C.ongress found particularly useful material in th~ could ward off the need for judicial proceedings. A CONCLUSIONS AND RECOMMENDATIONS should be made, within the judiciary, for r~fres~er workmg paper prepared on that topic by the Secretariat courses given with the co-operation of Ul1lVersity society which was equipped to control deviance of the United Nations for the Fifth Congress through the exertion of soci.al press!lre, the teachers and researchers. It had been recommended pre'l'eI!t~ve 190. It was concluded that differences in traditions (A/CONF.56/5), the analytical summary by the use of persuasion and the prOVISIOn of direct aSSIstance, in economic, social and political structures, availabl~ Secretary-General concerning the question of torture that judges should be ass?ci~ted with. empirical re­ was far better off than a society which had to create an search projects on the functlOnm~ of socIal.control and resources a?d levels of dev~lopment made it pointless and. other c~uel, in~uman or degrading treatment or of criminal proceedings, and particularly wIth research artificial and expensive crime control apparatus. So far to try .to dIctate a preventlOn policy common to all pUnishment In relation to detention and imprisonment as possible, popular non-judicial control measures countnes. (A/CONF.56/8), the paper prepared by the World on decision-making. should be decentralized and socialized: in other words, 191. Howe,ver, the work of the Fifth Congress had Health Organization, entitled "Health aspects of 179. A common concern regarding all judicial pro­ they should be taken by srr:all communities and. ~~n­ avoidable maltreatment of prisoners and detainees" ceedings was the importance of keeping them as dos.ely professionals acting on their own unprompted mltla- rev~aled .certam comr,non aspirations which might be outlIned m the followmg propositions: (A/CONF.56/~), and the reports of the regional pre­ as possible in line wi.th social realit~~s. and the aspIra­ tive. paratory meetings. tions of the commul1lty and of moblhzmg the commu­ 185. It was important that traditional forms of ~a) Social justice wa~ the best means of preventing nity for direct or indirect. parti ipatio? ill: legal proce­ 194. The participants in the discussion considered 7 primary social control should be revived and de­ cnme. Greater emphaSIS should be placed on social dures and decisions and m their applIcatlOn. action than on criminal proceedings; it a.ppropdate. to approac~ the key problems by taking veloped. In that, the example could be set by develop­ up m succeSSlOn the tOPICS dealt with in the working NON-JUDICIAL FORMS OF SOCIAL CONTROL ing countries and countries in which the power stem­ (b) Historically speaking, there had been an abuse of paper prepared by the Secretariat: med from the people. Efforts should be made to replace the principle of repression and in sufficient attention to (a) Police professionalism and accountability; 180. Crime prevention. the participants agreed. technical and paternalistic social services by voluntary forms o~ non-penal social control and means of primary (b) Police recruitment and training: was more a matter of social justice than of criminal acts of solidarity. Action originating in small com­ preventlOn; munities seemed likely to be more effective than ser­ justice. Undue and, at least in sO.n?e regio?s~ exclusive (c) All c~unt~ie.s s~oul.d strive constantly to re­ (c) Police response to changing forms of c;nminality; vices imposed by a centralized authodty. It should be reliance had been placed on traditIOnal cnmmal I?roce­ evaluate theIr cnmmalJustlce systems in order to adapt (d) PoFce/community relations; dures involving the police, the courts and the pnsons. borne in mind that charitable paternalism might be a them to current social needs. That implied the replace­ Crime prevention policy was one as~ect of gene:al so­ means of perpetuating oligarchical privileges and social ment of laws and institutions which either were not (e) Private security organizations; cial policy and hence should be mtegrated mto a inj ustices. indigenous or had become antiquated; . if) Police involvement in the formulation of legisla- country's development planning as a whole. To that 186. Non-judicial social control might be exercised (d) Changes in penal systems and the practical appli­ tIon; end, crime prevention should be subjected to an as­ in a wide valiety of ways, depending on specific histori­ cation of their proceedings should always respect the (g) International police co-operr.tion; sessment of requirements and resources and to cost­ cal traditions and diverse political and social options. !mman lights and fundamental freedoms of all persons benefit analyses, although certain crin:e p,revention ex­ Petty disputes arising from certain deviations or certain mvolved; (h) The present and future role of the police; and penditures should be regarded as SOCial mvestments. minor forms of delinquency might be settled by a coun­ (i) An international code of police ethics. cil of elders, a comradeship court, a neighbourhood (e) More frequent resort should be made to the l8t. Primary prevention of devian~e. and d~l!n­ communi ty for support of programmes of crime preven­ committee a board of arbitration and conciliation, a POLICE PROFESSIONALISM AND ACCOUNTABILITY quency entailed putting an end to economic mequahtles tion and care of offenders; and thereby greatly reducing political, cultural and so­ solidadty body or any other organ or service of a popu­ cial inequities. Such action could be carried out.only at lar nature. That form of social control and assistance if) ~he many aspects of cdminal policy should be 1~5. At the outset of the discussion on police pro- the speed appropriate to each country and With due would cover deviants, offenders who had not been pro­ co-ordmated and the whole should be integrated into fesslOnalism and accountability it was observed that regard to specific historical conditions. secuted or who had been placed on probation or given a the general social policy of each country; that was the first occasion on which the roles of police suspended sentence or remission, and the physically, and other law enforcement agencies were to be ex­ 182. It should be borne in mind that certain forms of (g) Criminological research providing the scientific mentally or socially handicapped. basis for crime prevention polic) should be extended to amined in detail by a United Nations Congress on the progress were not without risk in that they created ne:-v Prevention of Crime and the Treatment of Offenders. needs without providing the means to satIsfy them or m 187. Special care should be taken to avoid so~ial cover the interaction between delinquency and society and the functioning of the judic;'ll system and of com­ The theme-emerging roles, with special reference to that they engendered criminogenic situati<;>ns. That ap­ labelling and stigmatization. To that end an extensive changing expectations and minimum standards of per­ information campaign should be launched to ensure munity programmes of social control. plied, for instance, to certain new forms of sale, fin~nc­ formance-was deemed particularly apposite in view ing and credit. The "crime-hindrance" . t~~~mq~e that the whole population knew and accepted the view 192. Several participants stressed the functions of that the fate of the handicapped deviants and offenders of the substantial evolution that had taken place in (technique dl! delit-obstacle) held out p.ossIblhtIes :.n­ promotion and technical assistance which the United policing since the Second World War. as much as it prevented offences by makmg them more was the business of the entire community and of each of Nations should assume in the field of crime prevention difficult to commit. It was recommended that commu­ its members. and containment. Useful information for all countries 196. During that period, the term "profes­ nity programmes of crime prevention should b~ devis­ 188. It was to be regretted that, in at least some that envisaged rationalizing and socializing their crimi­ sionalism" has been increasingly associated with the ed, comprising both preventive ~rrangements m such nal policy could be found in a note prepared by the police, with all that the word implied in connexion with countries, the mass communication media paid more experience, responsibility, ethics and service. There areas as health, education, housmg, employment and attention to cdminal acts, exploiting their sensational Secretary-General on crime prevention and control social security and the provision of help for individuals character, than to preventive social action. The press, (A/9032). was unartimous support for absolute insistence on involved in legal or other difficulties. 25 24 training were continuing and poliGe in many parts of the d 208,. D~ring the discussions, the illegal traffic in ity of positions in other fields which offered higher police integrity. While entrance to the classical profes­ world could benefit from an exchange of information in rugs, : 'white-collar" crime, fraud, currency offences salaries, more perquisites and better working condi­ that. regard. In response to a suggestion that the United the of hijacking of aircraft, theft of art sions required academic qualifications, police entrance tions. The stress placed on academic, psychological, takl~g ho~tages, NatlOns sh?uld establish an international police an~ antIque objects and robbery were mentioned as standards varied widely from country to country and physical and moral qualities varied between regions aca.demy, whIch w~)l1ld make its facilities avaiJable to all bem& among t~e crimes which had caused grave con­ police forces rightly recruited members from a cross­ and police systems. The question of the minimum edu­ natIOns, It was pomted ?ut that for some time INTER­ cer? In recent t~mes. Mention was made of instances in section of the population, which necessitated a great cational qualifications which should be set for police POL ha~ been sponso~mg police training seminars on whIch whole villag~s had taken to crime, betying the deal of in-service education, including training of a reclUits evoked considerable discussion. The view was su.c~ subjects as.narcotrc law enforcement and counter­ chommon assumptIOn that crime was an urban professional nature. expressed that the scholastic level of policemen should fel~lD;g. In t~e VIew of INTERPOL, the practicality of p enomenon. 197. There was consensus that police officers oper­ be approximately that of the average citizen in the area tramm.g I?ohcemen in an iD;te~national academy tended to be served and that there was a danger of excluding 209: Tho~e latter-day forms of cIiminality, often ated under the rule of law and were individually an­ to be,llmlt.ed ~o a few speCIalIzed subjects by reason of potentially capable recruits through insistence on high assOCIated With b.etter organizations and better equip­ swerable to the law. That demanded of every officer the dIverSIty ID; legal ~nd police systems throughout the complete integrity and impartiality. The status of the entry qualifications. The observation was made that world. In the dIscussiOn of centralized training facilities ment, had necessIt,ated changes in police organization service could be no higher than the status of the indi­ members of the police should represent all the interests as ?pposed to t.hose established by each individual pers,?nnel and equIpment. Some training had had to b~ vidual police officer, since the reputation of all de­ of the community and that candidates for police service poh.ce agen.cy, It was observed that although cen­ re-o~let;ted. A. common response was the formation of should meet cultural and educational standards that sp.eclalIst polIce u?i.ts. to tackle particular kinds of pended to a large extent upon the standing of the indi­ tra~l~ed faclltties provided a greater consistency of would permit them to perform their duties effectively. cnme, such as t~e IllICIt traffic in dmgs or commercial vidual officer in the eyes of the public. The service, like tra~mng and offered training of a higher quality than that every other profession, had to be careful to protect its Those included educating the public with the aim of whIch could.be offered by small departments, it was of f:~u~: Thos~ umts had amply justified their existence preventing crime and deterring criminality, In one in­ ( sellous cnme squads", for instance had achieved good name by ridding itself of those who did not meas­ ~he great~st Imp?rtance that "user" agencies should be stance, outside institutions of learning were used to gr.eat success recently against major '~riminals), but ure up to its code. mvolv~d.m c~rnculum planning in order to ensure that 198. To ensure adherence to that standard, a high train the more senior personnel of the service while the trammg gIven would meet local needs. Wit? t?em had. come the danger of the non-specialist degree of objectivity in compiling personnel reports special courses were arranged for those members who maJont~ of police officers tending to leave certain mat­ was required. The senior officers of the service should had not previously been educated at higher levels. One POLlCE RESPONSES TO CHANGING FORMS OF t~r~ entIrely t? the specialist at the expense of general be honest with themselves if they were to be honest participant stressed the need for police recruits who CRIMINALITY VIgilance, which should be maintained, It sometimes were oriented more towards providing services to the happ.en.ed, ~lso, that. too much was expected of with each other. community than towards legalistic enforcement of . 205. In the discussion of police response to chang­ speCialIst polIce when, In fact, the true position was that 199. There was complete consensus on the need to laws, and several others expressed the view that police mg. forms of criminality it was emphasized that the they should be experts only in the sense of knowing recognize police professionalism, with its concomitants forces should become an integral part of the community pohc.e were faced v.:ith the delicate and crucial task of where to look for expelt aid. of careful selection and training. The need for appro­ itself. The composition of a police organization should seekmg to cope WIth the ever-changing balance be­ priate salaries, pensions and benefits was stressed. reflect the ethnic, cultural and educational composition tween efforts to control old and new forms of criminali­ 210 .. It was noted that police computers were cur­ of the community or country which it served. Thus, ty and. the general concern for human rights. It was re~tly. In regular operation in several countries thus 200. it was pointed out that the police officer of rehevm& over-burdene.d command systems, and tha't today was not a mere receiver of orders but someone members of minority groups should be recruited, the recogmzed that ~e 'poli~e ~ere a component of the e!ectrom~ dataprocessmg was providing invaluable as­ who needed to be convinced of the rightness of what services of women should be fully utilized and they la~g~r sy.stem of cnmmaljustlce which operated against should be treated as equals with male personnel in the cnmmallty, and that any significant change in that lar­ sl~tance In the operational use of records. Forensic was ordered. Police leadership had to function within SCIence laboratones were employing new techniques the confines of a humanely responsive system that pelformance of the police function. ger,system would, of necessity, affect the police as the major organ of !he system's intake. Improvements in Alarm ~nd surveillance systems were facilitating th~ permitted the delegation of responsibility in the knowl­ 203. To complement an effective recruitment pro­ preventIOn .and detection of crime. New electronic de­ edge that the trust placed in the capacity of an indi­ the cO.ntrol of cnme therefore required the existence of gramme, adequate training facilities were necessary. 1t a fleXIble and responsive police structure. It needed VIC~S were In use. ~or traffic-control. It was evident that vidual to act independently stimulated confidence, effi- was emphasized that training curricula should be de­ police "Yere aVallmg themselves of technological ad­ ciency and pride. ~e~·sonnel.of the highest integrity, endowed with objec­ signed to prepare the recruit for the type of work he or tlvI;y, SOCI~ a,war~ne~s and good judgement. Thepeo­ vances In co-operation with industry and science. 201. It had to be understood that the police officer she would be expected to perform. Provision should be pie m the cn.m1OalJus!lce system, as opposed to its rules 211. It was emphasized that in some countries the was a member of the community and, as such, was made for the increased demands resulting from scien­ and regulations,. WhlC~ take far too long to change correspondingly affected by communal values. It was tific and technological progress. It was the majority ~roblem of crim~ had bee,; .largely solved by revolu­ should be the malO vehICles of progress, Police manage­ tIOnary changes 10 the politIcal, economic and social observed that the liberalization currenttyfound in many view that police officers should, in addition to technical ment would have to take due account of that and itself countries had led to a relaxation of formerly fixed training, receive comprehensive instruction in such spheres: The eradication of poverty, free education, become more open in its approach both to subordinates the.closmg dowp o~ gambling enterprises and the elimi­ societal standards and to a decrease in authoritarian subjects as law, human and constitutional rights and and to the public. contro\. The police had to cope with that situation not behavioural sciences so that they could gain the confi­ D;atIol} of p~ostrtutIon had resulted in massive reduc­ only in the community but also in their own organiza­ dence of the citizens they served. It was generally .206. It was pointed out that the current rate of so­ tl.ons !n the mcidence of cIiminality. During the discus­ tion. In that regard, reference was made to agreed that for the police to achieve professional status CI~ change might ,?e in itself cIiminogenic and that SIon, It became clear that different countries at different Lacassagne's dictum that a country got the criminals it and recognition, their training should be thorough and polIce had to cope WIth the process of change. They had stag~s <;>f d~velopment had widely different problems deserved and it was said that a country, likewise, also should continue throughout their careers. Such training usually t~ckl~d criminality as and when it occurred, of CrimInality. got the police it deserved. It followed, therefore, that should instil pride in their organization and a desire and, whereas It mIght be better if a more comprehensive 212. Th~ decriminalization of certain offences had the conditions would have to be right if true profes­ in fact, a commitment to serve all segments of the assessment of problems were made and efforts were enabled police to concentrate on more serious crimes undertaken to tackle them on a larger scale. That sionalism were to be attained. community. In that. regard,. th~ l?elief was expressed that, in som~ strate~y shou.ld be ~har~cterized by planning not for the countries '. the JUdICiOUS use of police discretion could 204. In the discussion of police training a descrip­ POLlCE RECRUITMENT AND TRAINING most ImmedIat~ SItuatIOns but for the best possible off~et the III effects oflaws which were obsolete or, for tion was given of the positive results achieved through a long-term solutIOns. van?us other reasons, difficult to enforce. Police dis­ programme which taught police how to react when 207. Ad hoc reactive mea::mres precluded the de­ cretlon, neve~theless, should be kept in bounds, and 202. During the introduction of the topic of police dealing with such problems as threats of violence aris­ velopment of progressive management techniques. one v.:ay of domg t~at was to ensure that police policies reclUitment and training, it was emphasized that the ing from family disputes. Instances were cited in which However, the advaytce to pro-active strategies posed were l.n ~arn:ony, WIth those of the other components of recrui tment process was crucial to the establishment of police officers who had had the benefit of instruction in a competent and responsive police organization. While chall~nges: uncertamty would be a major factor and the cnrr~mal JustIce system. Those policies should also crisis-intervention were able to successfully neutralize speCIfic, measurable goals for policing would be be momtore? by means of a continuous dialogue with police services varied in many respects, several coun­ a potentially dangerous situation and at the same time needed. The development of objective methods and t~e commumty. It was noted that while the sophistica­ tries were encountering difficulties in their efforts to avert harm or injury to those involved, including fellow attract and retain well qualified recruits. Thosedifficul­ md easures of the efficacy of crime prevention was over- tlOn.of 1!lu~h of modern crime was being countered by police officers. Studies to identify the areas in which the ue. the InstitutIOn of sophisticated police methods, it was ties were due mainly to low salaries, poor or dangerous police could benefit from various types of specialized conditions of service and, in some cases, the availabil- 27 26 violent aspects of police functions rather tha:t on the their inquiries should be conducted in a manner that 229. It was suggested that such involvement on the necessary to make certain that ov~r-~ophisticati~n d~d service-oriented duties performed by most police agen­ would not infringe upon the privacy or constitutional part of the police should be patt of a wider involvement not lead to neglect of the prime pnnclple of keepI~g m cies, even though there were I?any example~ of cl<;>se rights of the subjects of such investigations. A measure in policy-making for the whole climinal justice system, touch with the public, whose support was essenttal. co-operation between the media and the .pollce which of public control to deal with the possibility of abuses in in which the police, being at the front end, could make had enhanced relations between the ,PolIce and c~m­ that respect was advisable. decisions (among others, as to whether to invoke the POLlCE-COMMUNITY RELATlONS munity and contributed to the preventIOn and detect~on 223. Public controls, to a greater or less extent, criminal process, at what level to enforce the law, what of crime. It was mentioned that ip Ol;e ~ount.ry whIch already existed in many countries. The rapid growth of priority to give to certain kinds of offences) that would 213. It was unanimously agreed that a p~lice force had recently experienced a decltne l:t.lts cnme rate; the private security sector was deemed to necessitate have important consequences at each subsequent could not perform its duties successfully withou~ the special efforts had been made to sensItize the commu­ regulation in the interests of both those who availed stage. Administrative as well as penal policy could ben­ support of the people whom it served. In some re~lOns, nity to the existence of organs of law enforcement, and themselves of private security services and the general efit from police participation in decision-making, the role of the police had not been clearly estabhshe?, everything possible had been done to e~se l~~ en­ public. That should take the forms of licensing, screen­ 230. The alienation and frustration currently ex­ and in addition, there was the problem that theyubhc forcement procedures for citizens by maklOg VlSlts .to ing and the requirement of basic qualifications. The perienced by police in their dealings with the judicial did not fully understand the purpose and func.Hons of the homes or workplaces of citizens rather thaI! requu'­ view was expressed that an alternative method of con­ and correctional components of the criminal justice the police, resulting in a ~egative effect on polIce rela­ ing them to report to police headquarters. Pohc~ were trol would be for the security industry, with the assis~ system in some countries might be much reduced ifthey tions within the commumty. instructed not to be officious in their dealings w.lth the tance of the State, to regulate itself. Industrial and were permitted to participate with others in developing 214. As a consequence, many police agen~ies had public, thereby encouraging greater co-oper~tlOn on commercial bUildings, some with complicated installa­ a balanced criminal justice policy. There was unani­ devised a variety of programmes that w~re desIgned to the part of the community. In that r~gard.' the vIe~ was tions, could not be left unattended. The fire risk alone mous agreement that police shOUld thus be taken into develop a greater dialogue between pollce officers and expressed that the police should. aVOid bemg c~nsldered required patrolling of the premises. That branch of the partnership in the legislative process. Police reports members of the community. Those programmes ranged as cold and distant representatives of authonty rat~~r security companies' business was probably larger than gave, as it were, first-hand experience of the applica­ from greater deployment of officers at the street l~vel t? than as friends and partners and as defenders of CIt!- that concerned with the prevention of crime. tion of the law to the legislators who formulated it, and police had a particular part to play in law reform. special public education efforts th~ough commumty OI­ zens. 224. It was the majority view that reputable private ganizations and schools. EssentIally ~ those schemes 217. It was also mentioned that in ,)ne co,untry th.e security played a useful part in the prevention of crime 231. Mention was made of the long tradition of were carrying the message that the l?ohce were a part of police made special efforts to inform the publlc of government consultation with police in some countdes. a the~~ and helped to supplement the work of the police in the and not separate from ,the. commumty and th~~ the :n - crime-prevention work as well as of the range of then provision of certain services. The protection of cash in It had been found that police were especially qualified jority of a policeman s time was spent on serv~ce­ services. transit, surveillance in stores and the safeguarding of to advise ministers on criminal legislation because they oriented" tasks rather than on law enforc~ment dU~Ies. 218. It was suggested that it was necessary for citi­ premises served the public interest. were in a position to say whether or not a given law was In order to prevent crime at;d a~ the same time provide a adequate for the problem involved and to assess the zens to refuse to tolerate crime and to make, personal 225. visible presence of the pohce In t.he com~umty, many In a few instances, however, the view was practicability of its enforcement. Police were also able police agencies had developed mnovative personnel contributions to crime prevent~on ~efore cnm.e rates expressed that the security industry served only minor­ could be reduced. Those contnbutlOns would !Dclude to express their views through the representative or­ deployment systems which we~e.variously referred to ity groups and that its existence could not bejustified; it gans of their service and were also assigned to serve on as team or neighbourhood po!tcmg. In one mstance, the institution of measures to protect l~fe and property, was the duty of the State to guarantee the security of all reporting crimes to the commissions and other organs of public inquiries, as there were so-called crime prevention l?anels composed p~omptly,. co-oper~tmg ~~lle~t citizens. Private security organizations, wherever they well as to palticipate in the drafting of laws. of police officers and citizens from vanous .l~vels of ~he extent with the pollce, serVl11g as WItnesses and~ar~ls existed, should be supervised under stringent rules by community, whi~e in others there were CitIze~/pol,Ice willingly and, in general, taking ~ more personal m­ the police. It was considered a proper function of the 232. Instances were cited in which police advice boards which dIscussed problems of mutual mterest terest in crime prevention. The pollce should be worthy police to protect plants, warehouses, factories and simi­ had materially facilitated the making and enforcement and co~cern. In some large police depaJ.:tments, com­ of the co-operation they sought and should, by theIr lar installations. of laws that had greatly benefited the public. Their munity relations units had been establIshed. It was conduct demonstrate their dedication to the safety and advice on legislation concerning such diverse matters best int~rests of the citizens they served. as youth and urban planning was also valuable. pointed out, however, that such uni~s ~~ou!d ?ot be POLlCE INVOLVEMENT IN TBE FORMULATION OF allowed to become more conce~ned With pohshmg the PRIVATE SECURITY ORGANIZATIONS LEGISLATION police image" than with creatmg better lmes of com­ INTERNATlONAL POLICE CO-OPERATION munication with the citizens. 219. At the beginning of. the disc,uss~on, it was 215. Attention was drawn to the fact that in some pointed out that private secunty orgamzatIons should 226. At the initiative of both police and officials of be considered within the scope of law enforcement other components of the criminal justice system, the 233. It was pointed out that there was considerable regions, particul~~ly in h~ghly developedyrb!ln areas, evidence to suggest that, with the rapid development of many youthful CItizens displayed,?pen d!sdam f~; au­ since they were engaged in the protection of property topic of police involvement in the formulation of legisla­ thority, disenchantment wlth the - establIshment and and the prevention of crime. tion had been discussed at regional preparatory communication and transportation facilities in recent years, criminals were finding it profitable to use those a declining respect for law and or?er. It was thos~ 220. The rapid growth of such organizations re­ meetings for the Congress. flected the extent of crime and, in some respects, com­ 227. It was generally conceded that the police were facilities to their advantage. As a result, they were able persons, in pa:ticular~ whom the pollce should reach If to commit crimes in one country and within hours seek their commumty relatIOns efforts we~e to be s~ccessful. pensated for the limitations of the manp?wer and other in a unique position to contribute to legislation. Their resources of the police. In some countnes, the staff of continuous presence gave them the opportunity to refuge elsewhere, often on another continent. In many A sincere and vigorous commu.n!ty relat~ons pro­ instances, the criminal was safely beyond the jurisdic­ gramme would reduce group hostIlIty, ~rovlde a ~afe private security organizations exceed~d that of the monitor the impact of legislation on crime and on the police in terms of the number of secunty guards and community. They had the potential to act as both a tion of the country in which the crime was committed outlet for grievances that might otherw1se. elUpt mto before the offence had even been detected. violence and promote greater respect for l?ollce officers related personnel. thermometer and a barometer of social change. in their day-to-day cOHtact With the pubhc. It was e~­ 221. The major functions of private security cO.m­ 228. However, police involvement in the legislative 234. It was obvious that for police forces of all phasized that crime and violence were c?mmumty panies were to prevent, detect and report to the pohce process had not been significant in most countries. In nations to deal effectively with that type of interna~ problems and that members of the commumty. should criminal acts concerning private to protect order to rectify that situation it first had to be recog­ tional criminal, means had to be found to improve and prop~rty, expand police co-operation on an international scale. be involved in any efforts to solve th~m. Me?tIon was against fire and to control ac~ess to pnvate property. nized that law-making and law-reform were the busi­ made of a country in whiC~ commumty rell;ltlons. were Those functions differed radIcally from tho~e of the ness of the whole community and not only of one pro­ 235. The Congress was told that for many years the the basis for crime preventlon programmes m whlch all police. Private security personnel therefor~ did not re­ fessional group. Government should be prepared to International Criminal Police Organization (INTER­ public institut~ons ~nd citize~s participated and many quire the lengthy training. n~eded f~r pohce officers; commit itself to cross~systems planning. Police should POL), which currently had a membership of 120 coun­ volunteers aSSIsted m law enforcement and the preven- they were trained in the hmited duties they were en- be liberalized to give all ranks an appropriate and con­ tries, had co-ordinated the activities of police forces tion of crime. gaged to perform. structive share in planning and advising. Police training throughout the world, in so far as they related to per­ 216. The view was expressed that the cOf!1munica­ 222. Some private security organiza.tions provided should give adequate attention to community organiza­ sons suspected of committing common crimes. IN­ TERPOL maintained a wide-ranging communication tion media often placed too much emphaSIS ~n the private investigative services. It. was Important that tion, crime prevention and interagency collaboration. repressive aspect of police work and on dramatic and 29 28 u., some time, There was great scope for the development officers, and of the work, including rehabilitation, gress "to give urgent attention to the question of the among young people, It was suggested that a police de,:elopment of an international code of ethics for the network that connected its central headquarters with of bilateral and other agreements. national central bureaux in many countries, academy to study crime~pl'eventive work in schools pol~ce ,and related law enforcement agencies". At the 244, Reference was made to Niceforo's aphorism and elsewhere should be founded under the auspices of 1l1v~tatton of the United Nations, a working group of 236, It was pointed out that INTERPOL, ha? no that criminality does not disapp~~r-it ey~l~es and the United Nations. polIc7 experts met in January 1975 to prepare for pres­ supra-national police power and that its wOI;k consls~ed changes. Such crimes as countelfelttng, the IllICIt tra.ffic entatIOn to the Congress a draft code which would of facilitating the international exchange of l!lformatlon in gold and drugs and the theft of art and archaeologIcal 249. It was mentioned that police often tended to be !oo sec~etive ~nd did not take the public sufficiently form the basis for a code which would meet the ap­ relating to criminal matters, The effectiveness of treasures could only be combated through internatio~al proval of Member States, The working group studied INTERPOL was determined, to a large extent, by t~e police co-operation. International police mto their confidence. It was clear from the discussions co-~perat1?n that there was a general awareness of the need for more the code currently recognized by the International As­ efficiency of the national central bureaux located In and the assistance of INTERPOL were credited With soc!ation of Chi~fs of Police, the regulations governing the successful conclusion of two major drug trafficking op~n policies and a genuine concern that those should member countries, be !mplem~nted. The resources of the mass communi­ P?hce conduct In several countries, documents pro­ 237, A representative of IN~ERP0l:- report7d t~at cases in 1975. catIon medta were the subject of several references. At VIded by representatives of different countries and the there were means by which the alms of his orgamzatlOn 245. It was observed that international police. co­ an Asian seminar which had recently been held on the principles I:elating to police standards, as proposed by could be more fully achieved and international police operation was often imp~ded by t,he diver~ity ofl~glsla­ r

1 { InL ,_.------.~--,-.---~---

some closed institutions had demonstrated their effec­ treatment process. The significance of adopting suit­ that questions concerning the need for the re~ision of common ground on which fruitful co-operation could tiveness in re-educating and re-socializing offenders to able criteria for the selection of offenders in acc;ol~ance the Rules had been studied by the Fourth Ul!lted Na­ some extent. The point was also made that neither the with the nature and resources of the programme w~s be based; tions Congress at Kyoto. In the five years Since t~at deterrent function of imprisonment nor the importance emphasized. Furthermore, a wide range of supportive (b) There was general agreement that police sh?uld Congress, there had been two meetings ?f, the Working of providing protection to the public could be ignored, services to assist in supervision, in consultation and in be answerable to the laws of their respective countnes; Group of Experts on the Standard Minimum ~ules, It was also noted that the adoption of the medical model the creation and maintenance of proper relations ap­ which was appointed by the Secretary-General I~ re­ of prison treatment within the past 50 years tended to peared to be a prerequisite for such programmes. It was (c) Integrity was the first quality required in police sponse to its recommendations. The recommendattons and other law enforcement officers; create high expectations for successful results which, in pointed out that emphasis should be placed on the ade­ of the Working Group were presented to the Congress turn, might have contributed to the imprisonment of quate and well-planned use of existing facilities rather Cd) Police training should ind~de the subjects of in paragraphs 95-121 of the working paper on the tl'eat­ persons for long periods in anticipation that the use of than on a quest for new alternatives. In some cases the ethics, human rights and social SCience; ment of offenders (A/CONF.56/6). The Congress was clinical methods and extended periods of confinement probation services had been directly involved and in (e) Police were themselves part of the .comm~lI~ity, also invited to tum its attention to annex III .of ~he would reduce criminality, others projects had been organized by volunteers and whose support was indispensable to effective polIcing; working paper, •'Draft procedur~s .for the effec,t,lve Im­ voluntary organizations, The importance of moving of­ plementation of the Standard Minimum Rule~ . . . 267. Several participants noted that caution should (f) Wherever possible, women sl~ould be, employed be exercised in rejecting the capacity of some types of fenders to different programmes as the need arose and as police officers on equal terms With men, 262. The Congress was also asked to conSider ~n ~ts institutions to contribute to the social re-education of making the schemes flexible had not been overlooked. discussions the request of the General Assembly 10 Its the offender and directed attention to favourable results 270. Two aspects relating to the use of community (g) Private security organizations should be sub- resolution 3218 (XXIX) of 6 November 1,974, t,hat the jected to a measure of public control; , which had been obtained through the establishment of treatment schemes, the unique feature of which was to Congress, under the appropriate agend?- ~tem, mc1ude diversified systems of institutional programmes espe­ put the offender in a position of helping others (for (Il) Police should participa~e in the. preparatlOn of in the elaboration of the Standard MIDI,mum Rules, cially designed to meet the needs of particular example, the victim and dependants) instead of being legislation which affected police functlOns; . rules for the protection of all persons s~bJected to any categories of offenders. It was noted that the success of an object of help, were referred to as being of signifi­ (i) International co-operation between police ser­ form of detention or imprisonment ~galnst torture and those programmes was enhanced by public participa­ cance. First, the promulgation of laws and enactments vices should be strengthened and extended; and other cruel, inhuman or degradmg treatment or tion both in the institutional programmes and in the without adequate resources for implementing them punishment. . (j) An international code of police ethics should be transition of the offender to conditions of full freedom might tend to make futile any attempt to carry out 263. For the purpose offacilita~ing the work re~ard­ in community life. Moreover, particular attention was alternative treatment measures. That aspect should be established. ing those issues, the Congress decld~~ to address Itself drawn to the fact that the medical, sociological and carefully taken into consideration, particularly in de­ REPORT ON AGENDA ITEM 8. THE TREA T­ to the key issues set out in the prOVIsIOnal agenda and psychological models continued to have validity within veloping countries, .where the social services were not MENT OF OFFENDERS, IN CUSTODY OR IN organization of work (A/CONF .56/l/Rev.1 and correctional systems in so far as they provided for the sufficiently available to those needing them among the THE COMMUNITY, WITH SPECIAL REFER­ Corr.l): needs of prisoners who suffered from chronic or acute P9Pulation as a whole, let alone to the offenders, and ENCE TO THE IMPLEMENT A TION OF THE (a) AI ternative to· imprisonment; physical or mental illness or disturbance. where, however, indigenous forms of social control might still be used for the same purpose. Secondly, the STANDARD MINIMUM RULES FOR THE (b) Factors in correctional reforms; 268. There was, none the less, a substantial con­ TREA TMENT OF PRISONERS ADOPTED BY sensus that, as a matter of public policy, the use of development of advisory and technical services to as­ sist the courts or administtative organs responsible for THE UNITED NATIONS (c) The Standard Minimum Rules in the climate of imprisonment should be restricted to those offenders change; and who needed to be neutralized in the interests of public making decisions as to the categories and individuals Rapporteur: V. N. PILLA! (Sri Lanka) (d) Protection of all detainees against torture and safety and for the protection of society. While several ~\1itable for such treatment should not be overlooked, other inhuman treatment. speakers commented upon the apparent ineffectiveness 171. Reference was made to corrective settle­ 260. For the consideration of the ~reatn~ent of

I' W. ~----~------~---~-- was made to the need to re-examine the rules relating to nees and pl1soners. It was also proposed that the sembly. Limited consideration was also given to the the employment of women in correctional institutions United Nations give serious consideration to the need 4dopts this Declaration on the protection of all for men, and male staff in institutions for Women, as for a continuing mechanism for the implementation of draft proced.u~es for the effective implementation of the Stan~ard MIlllmum Rules, included in annex III of the perso~s from being subjected to torture and oth~r well as the experimental development in some coun­ the rights of prisoners, perhaps through the establish­ workmg paper A/CONF.56/6. cruel, mhun:an ~r degrading treatment or punish­ tries of co-educational conectional institutions. The ment of a sub-committee of the Committee on Crime ment ~~ a gU1deh~e for all States and other entities individual accommodation system for offenders on trial Prevention and Control but particularly through the ex­ 291. When the report of the intersessional working eXerCISIng effective power. was advocated by one participant, but it was also tension of the service of the Working Group of Experts group was int~oduce~, it was reported that the pro­ pointed out that there were cases in which offenders on the Standard Minimum Rules, or the creation of a pos~d declaration, WhICh had been initiated by the del­ Article 1 preferred to be housed in association with others. The new committee on the treatment of prisoners. There egation~ of the .Netherlands and Sweden, had been need to strengthen inmate grievance procedures was was an additional proposal that attenti on might be given exhaustIvely reVIewed by an informal group which had For the purp?se of this Declaration, torture means mentioned, and it was urged that provision be made for by such a continuing body to the deVelopment of stan­ ~hereafter f?rmulated the draft placed before the meet­ any ~ct by which ~eyere l?ain or suffering, whether prisoners to have recourse to other independent au­ dards of practice for all cOl1'ectional workers, similar to mg. Att~ntlOn was drawn to the fact that the draft .phY~lCa! or mental, IS mtentlOnally inflicted by or at the thorities, such as an ombudsman or supervisory judges. the standards for police services under consideration at declaratl~:lll ~ad set ou~ What should be deemed to be the InStigatIOn of ~ l?ublic offi~ial on a person, for such pur­ Further, one participant pointed out that the Standard present. broad p~mcipies relatmg to the problem of torture and ~oses as obtrurung from him or a third person informa­ Minimum Rules did not expressly declare the right of a 288. The proposal that the United Nations be au­ was npt mten~ed to be aj.uridical.document susceptible tt

------293. Unanimous support was expressed for the i~1g and i!llpl~m~ntation of the Rules in the administra­ t,ure and oth~r cruel, !nhuman or degrading treat­ territory, with a view to preventing any cases of torture draft declaration, in principle. A number of partici­ tIOn. of InstltutlOnal discipline, punishment and re­ !llen~ or pUnIshment m relation to detention and or other clUe!, inhuman or degrading treatment or pants, however, proposed amendments to specific arti­ ~tr~Int. Note was also taken of the additional proposals Impnsonment, .01 the amendment ofthe Rules placed before the meet­ punishment. cles conlained in the draft. Several participants expres­ Recon:mends that the General Assembly adopt the sed the view that the definition of torture contained in mg. by non-gov~rnmental organizations having consul­ follOWIng Dec!aration on the protection of all per­ tatIVe status With the Economic and Social Council. Article 7 article 1 should be modified. It was proposed that the sons f~'om bemg subjected to torture and other word' 'severe" be struck from the definition and that it 2?7. Th.e need for more effective procedures in as­ cruel, mhuman or degrading treatment or punish­ Each State shan ensure that all acts of torture as be made clear that the article would not apply to a sunng the l!llplementation of the Standard Minimum ment: defined in article 1 are offences under its criminal law . penalty or punishment imposed by ajudicial tribunal in Rule.s, specifically as they related to the protection of The General Assembly, The same shall apply in regard to acts which constitute accordance with law or to a disciplinary administrative detamees from torture and abuse was referred to in participation in, complicity in, incitement to or an at­ action taken under the provisions of the law and in ann.ex III of the wOI:kingl;>aper ~/c'ONF .56/6. Thelack Consi~ering. that, in accordance with the principles tempt to commit torture. accordance with the provisions of the Standard of time for such deliberations did not permit discussion ~roclm!1:ed m the .Charter of the United Nations Minimum Rules. It wa" also proposed that the defini­ of. those recommendations, but no objections were I ecopnIt.lOn of th~ mherent dignity and of the equal Article 8 tion include reference to the arbitrary detention and rmse~ to that proposal. T~ose matters will undoubtedly ~nd .tna~lenable rIghts of all. members of the hUman sentencing of innocent persons, that the phrase "by or requll~ the further attention and consideration of the ramilY.ls the foundation of freedom justice and Any person who alleges he has been subjected to at the instigation of public offidals" be eliminated and Committee <;m Crime Prevention and Control or such peace In the world, ' torture or other cruel, inhuman or degrading treatment that the definition embrace' 'physical, mental, moral or oth~r c0f!1mlttee as may be established by the United Considel:inl? that these rights derive from the in­ or punishment by or at the instigation of a public official other suffering" . NatIOns m a~cordance with the recommendations of herent dlgmty of the human'person shall have the right to have his case impartially ex­ paragraph 287 of the present report. . ' amined by the competent authorities of the State con- 294. It was further proposed that the language of Considering also the obligation of States under the article 2 be modified to show that the United Nations 298. The deliberations of the Congress clearly de­ Ch~rter of the United Nations, in particular cerned. "condemns" torture. Some participants recommended !ll0nstrated that the practice of torture and other cruel Article 55, to promote universal respect for and mhuman or degrading treatment or punishment Article 9 the elimination from article 3 of the second sentence, wa~ observance of, human rights and fundam~ntal which refelTed to "exceptional circumstances" which abhorrent to the community of nations. Many partici­ freedoms, pants reported the steps that had already been taken to Wherever there is reasonable ground to believe that should not be invoked as a justification for torture, but Ha,ving regard to article 5 of the Universal Decla­ there did not appear to be a consensus on that point. A protect human rights within the context of national an act of torture as defined in article 1 has been commit­ r~tlon of Human Rights and article 7 of the Interna­ number of comments were made concerning the refer­ laws. It was noted, however, that international action ted, the competent authorities of the State concerned was. also urgently needed to ensure more effective pro­ tlonal.Covena~t of Civil and Political Rights, both shall promptly proceed to an impartial investigation ence to "the training of police" in article 5, and it was of which prOVIde .that no one may be subjected to ~ectIOn ?~ ~Il peopl~. The dr~t declaration represented even if there has been no formal complaint. proposed that the article be revised to include aU law­ torture. or cruel, mhuman or degrading treatment enforcement personnel responsible for the arrest, de­ ut. an lnltIai step m that dIrection. There clearly re­ mmped the need to move towards more effective inter­ or pumshment, Article 10 tention or imprisonment of persons for whatever cause. One participant recommended that article 6 be na~lonal pr~ce~ures to implement that declaration. The Adopts this Declaration on the protection of all ultlma.te obJec.tIve would of course be the development person.s from being subjected to torture and other If an investigation under article 8 or article 9 estab­ amended by the inclusion of the word "practices" in of ~n mternatlOnal conv:ntion ratified by all nations. cruel, mhUI~an ?r degrading treatment or punish­ lishes that an act of torture as defined in article 1 ap­ addition to "methods of interrogation". Concern was ment ~s. a gU1deh~e for all States and other entities pears to have been committed, criminal proceedings expressed by one participant over the problems relating ~hl ough s~ch measures ti.'le desire for the protection of to the implementation of articles 8, 9 and 10. He sug­ uman. bemgs from abuse might be assured and the exercISIng effective power. shall be instituted against the alleged offender or offen­ reductIOn of cnme achieved. ders in accordance with national law . If an allegation of gested the revision of articles 8 and 9 in such a way as to other forms of cruel, inhuman or degrading treatment or include the points contained in article 10. h 299. It.was therefore recommended, in the light of Article 1 punishment is considered to be well-founded, the al­ 295. With respect to article 12, some participants t e foregomg, that the draft declaration as amended For the purp?se of this Declaration, torture means leged offender or offenders shall be subject to criminal, suggested that it be amended to reflect the fact that ~e approved by the Congress and brought to the atten~ any ~ct by whIch ~eyere 1(ain or suffering, whether disciplinary or other appropriate proceedings. statements made as the result of torture or other cruel, tlOn of the G7neral. Assembly of the United Nations for further conSIderation. phY~lC~ or mental, IS IntentIOnally inflicted by or at the inhuman or degrading punishment should not be used mstIgatlOn of a 1(u.blic official on a person, for such Article 11 as evidence against a victim of torture or "any other 300. The text of the Declaration as adopted fol- person" . Finally, there was considerable debate about pur1?oses as obtaIr~mg from him or a third person infor­ lows. " matIO!? or conf~sslon, punishing him for an act he has Where it is proved that an act of torture or other the inclusion of article 13: while several participants cruel, inhuman or degrading treatment or punishment supported the inclusion of the article, there were others ~0l!lnytt~d or. IS suspected of having committed, or T.he Fifth United Nations Congress on the Preven­ mt~nudatmg h.lm or.o.ther persons. It does not include has been committed by or at the instigation of a public who thought that the article should be eliminated. tIOn of Crime and the Treatment of Offenders, pam or suffermg ansmg only from, inherent in or inci­ official, the victim shall be afforded redress and com­ 296. Attention was directed to the proposal in the dental to lawful. s~nctions to the extent consistent with pensation, in accordance with national law. working paper A/CONF.56/6 that the Standard ~uI?porting t~e rejection by the General Assembly the Standard MInimum Rules for the Treatment ofPris­ Minimum Rules be amended to reflect their applicabil­ m Its resolutIOns 3059 (XXVIII) of 2 Novembe; oners. Article 12 1973 and 32]8 (XXIX) of 6 November 1974 of ity to "any person deprived of his freedom regardless of Torture const.itutes an aggravated and deliberate whether or not a criminal charge had been lodged torture and other cruel, inhuman or degrading for~ of cruel, mhuman or degrading treatment or Any statement which is established to have been against him" and that that might be accomplished by treatment or punishment, made as a result of torture or other cruel, inhuman or pumshment. amending rule 4 (1) and rule 84 (1). In addition, one Sharing the conviction of the General Assembly degrading treatment or punishment may not be invoked member proposed that consideration be given to the as evidence against the person concerned in any pro- that, ~ecause of the increase in the number of Article 2 possibility offurther amending the Rules to ensure pro­ alarmmgrep?rts that torture is being practised in ceedings. tection against torture. It was proposed that the sub- many countrIes of the world, further and sustained . Any act of torture or other cruel, inhuman or degrad­ stance of articles 24,25,26 and 27 of the draft principles efforts are necessary to protect under all circum­ Article 13 on freedom from arbitrary arrest and detention be in­ l~g ~reatment or punishment is an offence to human stances the basic human right not to be subjected d~gmty and shall be condemned as a denial of the prin­ corporated in the Rules, part II, "Rules applicable to to torture and other cruel, inhuman or degrading All States shall endeavour to implement this Declara­ special categories" , as an added section E, "Prisoners c~ples. of the Charter of the United Nations and as a treatment or punishment vlOlatJ?n of .human rig?ts and fundamental freedoms tion as soon as feasible. All appropriate international under arrest and detention". It was also recommended , ' governmental organizations are requested to co­ that an additional rule be drafted to reflect the need for Noti~g the .deci~i~n of the General Assembly to p~oclaJmed In the UnIversal Declaration of Human operate in the implementation of these standards in inclusion in the instructions to prison staff of the mean- conSider at ItS thirtieth session the question of tor- Rights. accordance with international law and practice. 39 38

------Article 10 REPORT ON AGENDA ITEM 9. ECONOMIC AND avoided. Indeed, it was contended by some that the Article 3 SOCIAL CONSEQUENCES OF CRIME: NEW strategies required might result in the criminal justice If an investigation under article 8 or ~rticl~ 9 estab­ CHALLENGES FOR RESEARCH AND PLAN­ system itself playing only a secondary role in the pre­ No State may permit or tolerate torture ?r other lished that an act of tortur~ as defi~e? m artIcle 1. ap­ NING vention and control of criminality, and that major em~ cnlel, inhuman or degrading treatment or pumshment. pears to have been committed, cnmmal proceedmgs phasis would have to be placed on sensitizing and utili­ Exceptional circumstances such as a .s~ate of war or a shall be instituted against the alleged offender or ?ffen­ Rapporteur: W. WOODHAM (JAMAICA) zing the over-all economic and social complex to pro­ threat of war, internal political instability ~r ar:t Y ot~er del'S in accordance with national law. If.an allegatIon of vide the ingredients of an effective and rational crime public emergency may not be invoked as aJus.tlficatlOn other forms of cruel, inhuman or degradmg treatment or 302. In considering the subject matter before them. prevention and control policy. The cost of crime varied of torture or other cruel, inhuman or degradmg treat- punishment is considered to be well f?unded, .th~ al­ the participants in the discussion on the economic and with the structure of crime and with different economic ment or punishment. leged offe~der or offenders shall be subjec! to cl'lm1l1~1, social consequences of crime decided to follow the and social systems. There was no doubt that, in its disciplinary or other appropriate proceedmgs. general framework of the working paper prepared on effects, crime distorted national goals and impeded Article 4 that subject by the Secretariat for the Fifth Congress their attainment and that it prevented the optimum use Article 11 (A/CONF.56/7), which was considered a useful basis of national resources. The consequences for the com­ Each State shall, in accorda?ce with the provisions of for discussion and contained a number of new ideas. munity of certain economic crimes heretofore over­ this Declaration, take effectlve measures t~ prevent Where it is proved that an act of torture nal C!rcllf!1sta!1ces of the victim were taken into text, there was an urgent need for better information on ronment. In those areas, the contra-criminal services conSIderatio~, It mIght, however, frequently turn out the impact of increases in crime and changes in types of were still in their infancy, and traditional justice sys­ burden It Imp.osed was the suffering that crime inflicted and the f~ar It generated in the popUlation concerning that the ~elat~ve loss to .the victim was much higher in crime. To describe the indirect economic conse­ tems were poorly equipped to deal with them. the lowel ~ocIO-econOmtc strata. In looking at the social quences of crime and crime control, one had to address t~e secunty of person and property, among both the 314, It was emphasized that, in the analysis of some nch an? the po~r. The fear of crime, together with cos~ of cnme, one had to look at its effect on different oneself to questions of efficiency and equity: of misal­ SOCIal strata to the inequity of the burden of the economic consequences of crime, care should be corruptl~>n, had I~ .son:e cou!l~ries resulted in social, a~pr~ciate location of scarce resources at both the national and bor!le by bot? VIctims and offenders in the lower transnational levels, of improper distribu tion of income taken to provide data that would permit estimates to be economIC and polItl:al mstablh~y and even in changes made of its impact on the developmental process. The of gover~ment. Thele :vas no dIvergence of opinion as S.ocIO-~con.onuc cla~ses in cOllntr1es in which that situa­ both within and between nations, and of the effect of tion PI evade? Nel!h~r ~hould It be overlooked that improper resource allocation and income distribution ecological problems created by large corporations or to the senous effect whIch crime had on the social fabric other powerful trading partners (local as well as trans­ and on the community, often in an arbitrary, selective h~man suffenng or InjustIce could be a cost and that a on development and growth. gl eater awareness of that fact was necessary. national) which were engaged in such practices as clear­ man~e~, ~t was felt that every attempt should be made 309. Some of the most damaging antisocial acts were ing the jungle without instituting a replanting pro­ ~o mInI.mlze s~ch consequences and ensure that the not yet legally defined as crimes in some jurisdictions. gramme were obvious, and it was felt that actions of IrredUCIble SOCial cost was justly distributed. Neither ASSESSMENT OF THE COSTS OF CRIME, INCLUDING That hampered control and called for remedial legis la­ that sort were crimes against the State, with the :vas. th~re any doubt that traditional systems of criminal POLICIES FOR CRIME CONTROL tion. To facilitate the analysis of their effects in both the economic costs ultimately borne by the people, There jUshc~ In a n~mber of ?o~ntri~s v.:ere unable to dispense short and long run, major types of socially harmful should therefore be some means of identifying crimes a soclally-onented cnmmal JUstIce. Until there was a Assessing the costs oj crin1e behaviour were singled out. Those included violence, which have relevance to development. Some attempts concordance between social and criminal justice and a theft, the provision of goods and services in illegal should be made to find alternative methods of crime greater ~,:,ar~ness of the social consequences of crime 322. It was recognized that a scientific assessment markets, large-scale appropriation of resources and control in such circumstances. The solutions to those as a deblhtatIng phenon:enon, its noxious effects could of the consequences of criI?e and crime control policies maldistribution of income through the exploitation of kinds of problems were conceptual in nature and called not be c~mbat~d effec~Ively. Social justice demanded ~as needed .If. m?re effectlve preventive strategies de­ widespread economic power, sometimes combined for problem-related research to minimize their that conSIderatIOn be gIven to the social costs and the Signed to mimmize those costs were to be instituted. with exploitation of police power when the appropria­ economic consequences while at the same time sup­ fact that the burden of, crime fell most heavily upon Better know~edge of the consequences of crime might tion was made by agents of Governments, destruction porting the developmental process. those least able to bear It should be borne in mind. All attract atte~tlOn to those crimes which were most harm­ or waste of scarce national resources, impairment of too often the consequences of crime hit most severely ful to .soclety ..More extensive research on the the environment and corruption. 315. Neither should it be overlooked that any delay in the prosecution and trial of offenders was not only a the weaker r;tem~ers of. so~iety, permitting the power­ economIC and sO~la.1 con~equences of crime would also 310. The first three types of behaviour had tradi­ ful to commIt cnmes With Impunity. be of ?reat help In IdentIfymg the essential factors re­ denial of justice but carried with it certain financial sponSIble for the damaging effects. tionally received the most attention. The last two, how­ implications. The involvement of witnesses added to 3,19. Note was also taken of the many interrelated ever, tended to have the most serious consequences, the cost of trials. The families of persons incarcerated socml l?r~blems. connected with crime: ill-health, 323. Two immediate problems existed in assessing both economic and non-economic. And when agents of often received social welfare benefits from the State. economI,c Insufficiency, mental illness, poor education the consequences of cr:ime: The first W~lS the problem of Governments themselves engaged in sllch behaviour, and persons undergoing treatment-for example, drug and the hk,e. The cost of relieving anyone of them could cross-cultural adaptatlOn In transfernng models from the resources of individuals to combat it were few. therapy-often received it free of cost. However, it was not be easIl~ s~parated from the cost of dealing with the developed to devel?ping countries. There was obvi­ 311. If individuals were discovered manipUlating felt that there were certain types of crimes that should tota~ . set of Interrelated problems. Individuals and ously a~e~d to take mto account special circumstances the international exchange rate of a nation for private be investigated and, if necessary, prosecuted regard­ famll!es who suffered a variety of social and economic a~d realItIes before the models could be usefully ap­ profit, they would be treated as criminals. If agents of less of cost because public disapproval was so strong ~andlcaps tended to be caught in that web and aware of plIed. Bilt there was also wide Scope for the develop­ government engaged in the same behaviour as a matter and their economic consequences could not be meas­ It, t~nded to lapse into an attitude of leth'argy and ment of nev.: ~pproaches and techniques based on indi­ of national policy, the victi,m nation might be helpless. ured in terms of economic cost. fatalIsm or of resentment about their lot. Among the genous tradItIOns. The second and even more serious In either case, through a single act the victim nation personal costs to them was the fact that they felt them­ problem was one of making judgements on the basis of could suffer radical shifts in internal and external 316. The c:xperience of certain countries could be selves to ?~ memb.er~ of a. submerged, second-class m?omplet~ ~ata. It was recognized that very often prices, strong inflationary or deflationary pressures, used as an illustration of the substantial economic bur­ group of CItizens ~IthIn theIr societies. There was no cnme. statistics were inaccurate, and that even demo­ misallocation of resources and major shifts in income den imposed by crime. Crime-related costs included d~ubt that that attitude in turn aggravated the cost of graphl~ figure~ were sometimes inadequate. The first direct financial losses to the victims of crimes against distribution. CrIme to the community. Furthermore the individuals essentIal step In asse~s!ng the cost of clime, therefore, property and person, costs of preventive and security and groups concerned failed to use th~ social services was. seen as the prOVISion of accurate statistical infor­ 3l2. Any exploitation of large-scale economic or measures in public institutions and private enterprises offered by most modern States to meet social needs and matIOn. That was basic to the allocation of resources monopolistic power might have all of those effects indi­ and residences, costs of insurance and of the wages lost to pro,mot.e positive change. They made heavy use of and to the det~rmination of priorities. The programme rectly. In developed countries the general public tended by confined offenders and incapacitated vict~ms, and matenal.aId (food, clothing and "handouts' ') but less of of data-&athenng should be structured in such a way as to feel the effects to a relatively minor degree; for the welfare burden arising from the need to support the counsellmj?: and related services than did more advan­ to permIt the measurement of subsectoral as well as developing nations the results could be highly damag­ families of prisoners and victims. taged sectIOns of the community, global cost~. Mu~h could be achieved in assessing the ing. When such exploitation occurred across national 317. In considering the cost of crime, the Congress costs of cnme Without extensive resources so long as boundaries, the means of counteracting it were even . 320. It w~s appreciated that the concept of the so­ the data were accurate. more limited, particularly in view of the differences judged it prudent to consider the cost of administering CIal cost of CrIme was not understood in many societies between countries regarding what was considered criminal justice. Considerable operating costs, along and that ~hat accounted for the inadequacy of policies, . 324.. ~t was su¥g~sted that in setting up and develop­ legal. with the high cost of constructing institutions, gave the gaps m and. bet~een them, the lack of appreciation ll~g cnmmal s!atl.stIcs systems, attention should be impetus to major efforts currently under way in some of c?mmon objectIves and the resistance of the com­ gIven to the pnncipies on which the collection of data 313, It was suggested that the Congress go beyond countries to take new initiatives for reducing the cost of mumty to collaborating with the criminal justice sys­ was based. The data.available.could be vastly improved legal definitions in some cases and focus on forms of crime control. To provide more economical and tem. In so far as traditional crimes were concerned, the by the use of samphng techmques which need not in­ behaviour that exact the greatest social cost and should humane alternatives, participants hoped that the psych~logIcal effect of ~ear was widespread in some volve heavy expenditures and which could be applied be defined as crimes in future criminal codes. While the movement in criminal justice towards community­ countnes, and more partIcularly so among certain seg­ on a. country-by-country or region-by-region basis. damage inflicted by traditional crime could be great, it based correctional systems and the decriminalization of ments of the community, SpeCIal care ~hould be taken to study the social circum­ was suggested that, in developing guidelines for the rest violations of certain types of "social rules" would bring 321. There seemed to be a differential distribution stanc~s of crIme~-for example, the poputation groups of the twentieth century, the Congress should make considerable rewards in reducing not only the cost of of the effects of certain kinds of crime. The majority of most ~k~ly to be l11volved. It was felt that in developing a statrstIcal programme rigid compartmentalization 42 43 leading figures. But such exercises were necessary. in from other countries that had less homicide, property changes in both operations and effectiveness. If direc­ should be avoided. Data that could be used ~or the order to assess the relative advantages of alte~at~ve clime or political corruption in order to discover what tional change rather than absolute numbers were em­ prediction offuture trends in ~rime would be an Impor­ crime control measures. Researchers h~d an o~hgat~on factors might account for the difference. All of those phasized, it was felt that fairly efficient modes of evalu­ tant tool in facilitating plannmg. to provide policy-makers with alternative optIOns .01' procedures gave a country some knowledge of the most ation could be developed by imaginative administrators 32'i. Indices of victimization sh?uld action Close collaboration and exchanges.of expert~se appropriate measures to use, and all were less costly and researchers. be.p~rticul'7rly than elaborate official statistical analyses. valu~ble to most countries, and regl~)lla! cnmmologlcil and e~pelience between the criminal justIce agenc~s 338. Regardless of whether ornot one was usingthe institutes could usefully deyelop for the co - and academicians were needed in order to formulate ~ e 334. It was obvious, however. that the assessment g1.1ld~lmes g more sophisticated systems of analysis or one of the lection of statistics in the different regIOns. of the world objectives and techniques necessary for an on- 01l1 of crime control costs, particularly for non-economic simpler techniques, the first step in evaluation was the to provide comparabi.lity and collaborate m advancmg programme of assessment of the consequences 01 crimes, was not always easily amenable to quantifica­ detailed analysis of the operations. The valious ele­ knowledge and practice. . crime. tion. However, in calculating the cost of crime, social ments had to be identified and aU the independent spending had to be included, and special difficulties 326. It was noted that co.uld be !n 331 It was not surprising that some countries points of decision inherent in all operations taken into i!l~ices us~ful arose in attempting to estimate the cost of crimes before reflecting the severity of different kmds of l.n doubt~d the value that would flow from the use ~f some account. Evaluation in the criminaljustice system was ~n~e they were committed. accordance with cultural factors and that multiple mdl­ ofthose techniques. But there was a general feelm~ that complicated by the lack of well-defined or coherent ces could bring greater reliability to ~dme ~ata ..Note more research was needed to develop the technIques 335. Traditionally, law enforcement agencies had goals and by the occasionally conflicting objectives of was taken of the difficulties inherent ID; gaugmg hl~den and that such work would generate greate!' confidence been concerned with narrowly defined rules; hence its subsystems. Realistic and coherent goals and objec­ crime bearing in mind the fact that whlte-collalhTmhs in their scope and value. It was noted that It was some­ police statistics were limited in scope and not linked to tives had to be postulated and the methods of opera­ could 'be very costly to society. However, w .1 e t ~ times difficult to find qualified people to undertake such other social statistics as, for example, those deal­ tions clearly articulated, so that objective performance existing methodological difficultie~ were recognIze?, It those tasks and to apply the models. However, a sys­ ing with health or education. It was obvious that crime measures or other criteria could be devised to indicate was felt that various ways of studymg the dark figUl e of tematic approach related to the achievement of speCific rates tabulated with other social indicators, such as whether or not the goals of the programme had been crime could profitably be undertaken. goals should greatly facilitate the task. It \~as stressfd marital status, unemployment, age and sex of offenders achieved. Good evaluation design dictated the types of that whatever method was adopted shoula re e­ data to be generated and could be expected to eliminate 3?7 The relevance of social indicators for th~ as­ h~v~ and victims, provided ample evidence for justifying vance to the problem at hand, and that sophisticated other social programmes which in the long run could the costly collection of useless information. ses;m'ent of the consequences.of clim~ w~s appreclat~d methods should not be adopted where they were not have the effect of minimizing and redistlibuting the cost 339. The cost of assessing the ec.onomic conse­ and the importance of certam key mdlcators of t e relevant. For some economic crime~, for example, an quality of life noted. The .of the work done of clime. Such information could also provide a basis quences of crime and crime control did not need to be useful~ess accurate assessment might be obtamed .de­ by various international agencies m that area was f~om .t~e for a closer examination of the relation of crime to other considered prohibitive. The task was facilitated by a velopment and analysis of the relevant. baSIC statistics. social, as well as economic, issues. In paliicular, the acknowledged, but it was that .was. a genuine commitment to more rational and less socially s~res~ed th~re while in other cases the assessC?ent mlg~t be reflecte.d importance of employment to crime control could be need for a wider range ~f objective a?d subjective m­ costly policies on the part of national leaders and by the in an index. Still other tasks mIght reqUlre even mOl~ better assessed. An analysis of road accidents and traf­ dicators pertaining to cnme and pubhc safety. t:ollaboration of non-governmental institutions, includ­ detailed and elaborate measures. In th~ case of .tradl­ fic control would permit better use of police resources, ing universities, in assessing the situation. 328. It was recognized that it w?uld be ot:in:mense tional crimes involving physical secunty an~ ViOlent since they traditionally attracted a disproportionate value for any scientific assessment If the statistics 1?er­ assault police statistics might be .the I?referred mfor~a­ amount of those resources and that circumstance, in 340. While it was aCCepted that evaluation was mitted the measurement of the factors related to cnme tion. There was particul~r scope mcnme d~mage st~tis­ turn, affected the ability of the police to respond to necessary for the effective use of resources in the crim­ and to feelings of public security. It was suggested that fcs which some countnes were currently mtrodu?mg. serious clime. Crime statistics could therefore be help­ inal justice system, there was a feeling that for many measuring the "level of safety" was one way of asses­ ~h~ use of a battery of techni~ues rather ~han smgle ful in rationalizing law enforcement, as well as in op­ countries the practical effects of such evaluation might sing the consequences of crime and crime cOl:tr~l.. The measures offered greater promIse of revealIng the real timizing social planning, provided that the expeliise for lie in the future. The significance 0f research for the concept of safety involved social as well as mdlvld?al consequences of clime. that purpose was made available. practical conduct of society and resolution of problems rights, but such surveys were n~ces.sary .to prOVide such as crime was, however, acknowledged. The view assessments of the cost of protectmg mdlvlduals fro 332. It was pointed out that in some .cases meas­ Assessing the efficacy of crime control policies was taken that research touched only a small part of the urements of social damage might underestimate as well physical danger and of promotin¥ a general sens~ 0f and increasing it through action-research elements in the criminaljustice system and that current well-being. The use of that technIque to asses~ c~lm~ as overestimate criminality. It was not uncommon for quantitative research might still be focused on tradi­ petty thefts to be included with large thefts and for s?me costs reflected the need ~o use a range of SOCIa! mdl­ 336. Given the changing conditions in which crime tional systems for handling criminals. If that were so, reporting systems to register only the more senous cators and a variety of other assessm~nt techruq~es, flourished, particularly the valiations in the types of then evaluation had to depend on things other than such as opinion surveys that deterrrun~ the a!lxlety crimes, ignoring less serious ones. Very ?ft~n those crimes and the scarcity of public resources, on-going scientific methodologies. It was generally agreed that practices reflected the scale of values eXlstmg In a p~r­ score of individuals on the basis of differential re­ evaluation assisted administrators and policy-makers criminal justice policies were founded on certain ticular society and criminal justice Underlymg sponses. The total sum of those sc~re~ could.b~ u~ed to ~ystem. in the assessment of the efficacy of criminal justice theories. The psychological and psychiatric theories on those practices were factors considered .by the. indicate the level of safety and of cnmmal activity m the c~m­ programmes. It was observed that a continuing which the criminal justice system was predicated were munity as more important than the community. That could be supported by surveys :on­ ~ffictaI statlst~cs, monitoring and evaluation process could aid in pro­ often adopted without evidence that they were useful in although the fear of crime was by a vanety ducted by specialists and by attempts.to see how fal t~e ~etermmed gramme improvement and permit policy-makers to en­ practice. The point at issue was what theories or scien­ aspirations of people were met by a given level of satis­ of factors including personal btas. sure better use of resources. tific premises formed the basis of policies followed in faction. Among the advant~ges of that approach w~re 333. It was suggested that elab~rate crimi~al statis­ the criminal justice system. For example, if a policy the psychological value of Incr~ased person~1 secun.ty tics were not necessary in developmg c~untnes. They 337. Note was taken of the range of comprehensive were based on the theory that aggressiveness was the and the indication of the effectIveness of police opela- were quite expensive and were sometimes not ade­ and comparative quantitative techniques which were basis of human behaviour, then the evaluation would currently available. Some were rather expensive and in tions which it provided. quately utilized even after they were collected .. Sample depend on what a programme did to reduce aggressive­ official statistics on crime could be gathered some cases their applicability was limited. The more ness. The test results therefore had to be consonant 329. It was also useful to try to e.stimate t~e c~st of ms~ea~. sophisticated techniques included systems analysis, future climes, which should be pOSSible by usmg lmear Probably a better method was to conduct, at penodlc with that theory. intervals criminal victimization surveys on a rep\esen­ simulation, model building, operations research, cost­ and other programming tec~niques; forecasts of that benefit analys~s, and planning and programme budget­ 341. Another kind of evaluation was the direct type, paliicularly if they took IOtO acc~unt the compl~x­ tative sa:nple of the population of a country, CIty or local community. In such surveys a small representa­ ing systems. All of those could in specific situations check. For example, in the case of punitive measures ity of the factors involved, could proVIde a useful gUide one could determine whether or not they produced tive sample of the populat.ion "Yas aske~ whether they play an important role, particularly within a develop­ to planning. It was hoped that asse~s~ents c~)Uld be mental conH';xt, but they had to be used with caution. It positive results by refen'ing to recidivism rates, al­ made, both on a quantitative and quahtatJve ?aSlS, so ~s had been victims of certam cnmes dunng the past 12 months and whether they had· reported them to the was also observed that other, cheaper techniques were though such rates did not necessarily pI'ovide clear-cut to be of the greatest possible value to pohey-makers available which might not provide comprehensive evidence of failure or success. The third type was the police. In the case of property offen~es j t~~ value of the weighing alternative options. comparative solutions for decision-makers but which indirect check, which represented a combination ot the a stolen goods was often asked. Such 1l1qUll'l~S were c?n­ 330. Fear was expressed concernin~ the implic: - fldential. Another method was to secure mformatlon could serve as useful guides for making directional first two methods. That meant a follow-up to see what tions of underestimating the costs of cnme from mIS- 45 44 -~-~-~ -r------....-~-"..,.,...,,~~~=r l ) I happened to an offender who had undergone a certain tion between national development planning targets C~) Persons w?rking in the ~udicial system sub­ kind of treatment. In other words, what was being and objectives and crime control measures. In achiev­ SCrIbed t.o a certal~ scale of assessment of the serious­ pie, thhat corrupt~on add~d additional costs to a projel~t sought were the concomitant variables by which ing economic growth planners must also consider its I nes~ of dlfferentcnn:es, b~sed largely on the ethical and and t at was a Cl1me agalOst the State as well as a social change could be measured. For example, by looking at relation to the prevention of crime and attempt to con­ mOlal,norms of their socIety. They sometimes feared ~ost. .It was felt, .therefore, that criminal codes should the concept of alienation in juveniles, states of aliena­ tain crime costs within acceptable limits. In countries in that With the cost-benefit approach the scale of assess­ Identify those ct'lmes which had a beating on the de­ tion could be measured by means of structured inter­ which social and economic planning systems had been me~t would be based more on costs than on norms. velopmental ~rocess-for exrunple, cOITuption, dam­ views. By so doing one could assess whether alienation developed there were consequently more opportunities BeSIdes, they were reluctant to change their traditional age to t~e envlrOn?1ent and the like-with appropliate had decreased after a certain programme had been im­ for planning crime control measures. assessment scale; alterna~lve strategies designed to reduce the effect of plemented. That would then lead to a conclusion as to 346. The importance of planning of the criminal such cnmes and minimize their costs, and ultimately to whether a programme worked. By the use of those . (c) There wa~ a w.idespread misunderstanding of the preveryt them. Economic crimes were very often an justice system had received insufficient emphasis. Such alms of ~conoml~ SCience, !hose aims were often con* techniques involving applications of a qualitative and planning was crucial to attempts to minimize and redis­ In:p~dlment to eco!lomic growth. If they could be quantitative nature, decision-makers in the criminal fus~d ~Jth the alms of environmental or economic 01'­ ehmmated, economic growth could be accelerated. In tribute the costs of crime. It was felt that it was impor­ ga.mzation. There was a tendency to think of economic justice system could provide alternatives, based on re­ tant to compare the relative costs of different planning order to promote dev~lopment, crime preVention and search results, to serve as a guide to action. sCience ~s h~ving material aims. That was not true, control had to be carned out on a scientific basis. techniques in the light of the postulated objectives. E.con0!1:1C sCience dealt with all human needs and the 342. The main question that could be asked of ad­ Systems analysis was recognized as capable of reduc­ dISpOSItIOn of scarce resources. That misunderstanding ?50. Developed countries which reported high ministrators with respect to evaluation, as the need ing the cost of planning but, at the same time, much ~ade some members of t~e criminal justice system cnme r~tes ack~owl~dged the almost complete lack of arose, was what means or methods had been employed could be achieved more cheaply by other methods-for lelu~tant t? a~cept economIC techniques and terminol­ long-t~l m planmng m the area of crime control. The in agency operations that were economical and that example, by an analysis of the operation of the criminal ogy In theIr field; expenence of the socialist countries was cited as an provided administrators with adequate information for justice system. It was sometimes felt that police statis­ example of the usefulness of long-term planning in that programme improvement and policy makers with suffi­ tics adequately met the need in most situations, but in . Cd) A~c~pta~ce?f cost-benefit thinking and planning field. The crime situation in most devel'oping countries cient data for more informed decision-making and a view of the fact that the social reaction to criminality m t~e cnmmal Justtce system would compel the work­ had gradually w.orsen~d, and in ~he past little had bee; more rational allocation of resources? That question started before the criminal justice system began its ers In that sP.here t,o ~et involved with all kinds of social done to correct It, mamly.because of inadequate know­ had a corollary. In setting priorities for action or intervention, an examination of other forms of social and ~conon:1C polICies. They might regard that as ex­ led~e Of. the causes of cnme or of effective measures ceedmg then" competence and threatening their inde­ problem-solving in the day-to-day operations of the control might provide just as good a basis for action. pendence. agamst It. It w~s noted, however, that most of th~ subsectors of the criminal justice system, resources For example, health programmes, particularly mental mea~l~res used 10 re~ent approaches to crime control were being increased in one area or being devoted to an health and social welfare programmes, might provide requned much less 10 the way of financial resources entirely new activity. It was economical to include from relevant data for planning at much lower cost. Planning for crime preVention as part of national de­ than were 110rm~lly employed. Many of the newer the beginning an evaluation component that provided velopment planning measures were dlrect.ed at altering social factors that for "action research" or "problem-solving research". 347. The main purpose of evaluation was to im­ t~nded to produc~ cnme or at utilizing social institu­ Such research should be interdisciplinary and could be prove the planning process, and towards that end, al­ 348: Great. stress was placed on the importance of tIOns t? reduce CrIme. The position was often adopted relatively cheap. It had to be practical for administra­ ternative methods for achieving established targets on a planm!1g for cnme p.revention and control in the context that CrIme .control measures could wait until a country tive and policy-making purposes. Imaginative proce­ macro-level had to be envisaged, specifying various of national development planning. Traditionally that was sufficiently prosperolls to afford them. It might dures rather than large outlays were necessary for an roles and dividing tasks and resources to achieve cer­ had not been the case, and it was felt that cost-b~nefit then be t~o late and would celiainly be very costly, if economical assessment of programme efficacy. tain goals. Planners needed information from policy an~ systems ,analysis could help in that respect as well ~he. ex~enence of some developed countries was any makers for the formulation of national goals and as In assessm& the ~ost of crime and crime control indicatIOn. 343. Other kinds of research relating to policy ot' priorities. In order to do that, they had to obtain infor­ mea:>,!res. B~sldes, It was felt that the emphasis on action could also help significantly in optimizing plan­ mation from the operating agencies, researchers and tradltlO~al c~lmes and both the lack of concern about 351. If valuable resources which could be utilized ning and programming for crime prevention. Demon­ evaluators about what was possible. They had to de­ economIC cru!les and the prevalence of them, which fO.r de~elopmental pu:poses were employed to deal Cllme, that had to be done on a realistic basis in the stration projects and pilot schemes enabled decision velop ways and means and mobilize the necessary re­ was t~e c.ase 10 most developing countries, increased ~Ith makers to test out premises in limited situations and to sources in order to promote over-all growth and de­ the iIk~hhood of such crimes severely limiting 11ght ~f the total expenditures in order to promote more expand .. nd replicate them in other settings if they velopment. Effective planning required the develop­ economiC growth. It had already been emphasized tit 1t effective development with less crime. In some in­ showed promise. That kind of experimental innovation ment of concepts and tools to be applied to a wide range the use of. c.ost-benefit studies as a basis for c~:~e stances, for.example, additional street lighting might be permitted the adoption of new policies and planning on mo,re effective than an increase in the number of police of social, political and economic issues in a society, and cont~ol poitcles could be effective and relatively inex­ offIcers. an empirical basis. a reconciliation of conflicting options as a preliminary penSlV~ and that the r~tun:s, particularly to developing 344. Stress was laid on the need for improved chan­ stage of the development planning process. In sectoral ~ountnes, could be qmte hlg~. The point was made !h~t .352. More adequate planning of crime control nels of communication between researchers and deci­ planning of criminal justice much the same tools were It. was, better to .have some mformation on trends and I1}lght ~ake t~o d~rections. A country could stmi by sion makers in order to ensure continuing and fruitful necessary, and in the changing environment in which dlrect!ons e~en If hard ~acts were not available. To be either .tncre~smg ItS c~rl'ent expenditures or making collaboration and to permit the formulation of research crime grew conflicting options had to be analysed and effectIve, CrIme preventlon planning strategy had to be more effectl~e use of ItS resources. It could llsefully needs in terms of policy and planning requirements. In alternatives chosen. It was accepted that to do that related to social and developmental planning. adopt. the wlger perspectIve of economic and social successfully many of the sophisticated tools already that respect, the presentation of research results in a 349: The na~jonal development plans of most de­ plannmg an9 111 t~at context develop newer and more form which facilitated their utilization by decision mak­ identified could be employed. Although that approach comprehenSive cnme prevention schemes. could be very expensive and might frustrate the velopmg c,ountnes were based on targets set at four to ers should be of considerable help. Some practical or­ fiv~-yf':ar mtervals With the aim of attaining certain ganizational arrangements to promote co-operation be­ achievement ofthe desired objectives, such need not be PIz:'r'sical measures to pre .... ent crlme the case. It was rather a matter of applying a cost­ baslc. developmental goals and objectives. It was felt tween researchers and decision makers dealing with ~hat. smce no c.ountry could afford to achieve all its ob­ crime were also suggested with a view to ensuring a benefit way of thinking than of employing sophisticated 353: Developed countries had accumulated much analytical techniques. However, a number of impedi­ Jectlyes and smce r~sources were limited, countries, more reciprocal relation between research and partlct;larly developmg ones, had to set priorities. The 7xpe.rIence:, ofte~ not u~ilized, which should be helpful policy-making in that field. ments to the adoption of a cost-benefit approach in the III preventmg cnme .. Simple precautionary measures criminal ju."tice system could be identified: ste~s 10 the. pl~nnlOg process were identified as the ~ettlOg of obJ.ectlVes, the establishment of priorities, the -for .ex~mple, the ":'Ider use of cheques and improved PLANNING IN ORDER TO MINIMIZE AND REDISTRIBUTE (a) Persons working in the judicial system in the ImplementatLOn of the programmes designed to achieve secun~y In transportmg company payrolls or large sums THE COSTS OF CRIME main were trained to accept that the law, especially the goals postulate.d and, subsequently, evaluation of of. cunency to and from banks-could prevent many public law, must be respected and enforced, regardless progress to determme what had been achieved. It was cnmes. Banks cOl~ld be more widely used to ensure the 345. To deal with crime effectively. criminal policy of the various economic and social consequences. felt tha~ the absence of effective planning for crime safety of ca~h, which was often kept hidden around the must be a part of over-all developmental planning. At­ Some of them tended to fear that the cost-benefit ap­ preventIOn and control was one reason for the gaps in house ..Busmess firms needed more alarms and other tempts should therefore be made to establish the rela- proach might undermine that principle; developmental achievement. It was noted, for exam- protective systems, and the homes of the poor needed locks. To prevent shoplifting, there needed to be con- 46 47 Planned urban settlements for migrants explicit. or !mplicit theories of crLlpinality and ideologies Redistributing the costs of crime trol over the open display of certain more valuable und~l)JmnlTIg the structure of a country, as well as its goods, and sufficient clerks had to be employed to help 356. Migrants might be able to avoid a' 'slum way of tradittons. 3?5 .. It.was felt that at first glance the problem of protect the merchandise. Motor vehicles should have redIstnbutmg the costs of crime might appear to be security devices, such as steering-wheel locks. Those life" if they could be guided to certain areas especially 36~. It was proposed that. those measures might be new. But t~e tas~ of redistributing crime costs was seen who dealt in stolen property should be detected and planned for them. That kind of planning had been fol­ lowed in some countries in which cheap land in less consld~ red as proper tools or mstruments of crime con­ rathe~ as mvolvm~ a refo,rm?lation or expansion of punished. ConceIted efforts could be made to develop trol whIch were part of the criminal justice system and c.ertaIn well establIshed prmclples. Such a reformula­ more resistance to corruptive acts among civil ser­ crowded parts of a city had been acquired for the con­ struction of shacks or houses, often by self-help, ac­ t~at they should be used, as appropriate, for different tIon was necessary for many reasons among them the vants, since it was extremely difficult in a rapidly de­ kmds of offences or offenders on the basis of research nee.d to m~ke traditional legal and mo;al concepts com­ veloping country to remove the opportunity for such cording to an established plan. In those planned com­ munities persons with a common background could live findings as to their effectiveness. It was recognized that patIble .wIth t~e concepts of modern social and acts. in closer association, the transition from village life systems analysis required that punitive sanctions cor­ econoJ'!llC planrung. Most criminal justice systems had could be made and the strains of urban living lessened. rectional methods and incapacitation techniqu~s be ta~e? mt? ~ccount the problems of assigning guilt in Controlling urbanization used not only for the sake of their individual effective­ cn~Inal Junspru~ence and of the just distribution of 357. It was important to prepare young migrants for ness but also in consideration of the total effect on the pUl1lshment. NotIOns of equity had also entered the city experiences beforehand in order to prevent later system. For example, if it were demonstrated that the sphere of criminal responsibility. It was felt therefore 354. Nearly all property crime was concentrated in development of criminal patterns. Since, in any case, cities, particularly the largest cities. In most developing rehabilitation of certain types of offenders was most that the task of redistributing the costs of crime in~ many young people would migrate to the cities, they successful if no punishment was used, one had to de­ v~lved the ~ar~onizing of traditional retributive justice countries, completely uncontrolled migration to the could become familiar with the social expeliences they cities, particularly to the largest cities, had resulted in a termine what effects that would have on the general WIth the pnnclple of redistributive justice. would encounter there, the nature of criminality in deterrent effect exerted by punitive sanctions. If gen­ disruption of planned development, over-urbanization urban areas and the resources that might or might not be 366. The various elements in that process were and the inability to meet the needs of urban slum areas. era} deterrence or general prevention suffered, then a available to them in the urban environment. ratfonal system of social and criminal justice did not se0n as fO.llows: the suffering and harm caused by the Since developing countries had one or, at most, a few sentence Imposed on the offender was a cost for the major cities in which their developmental programmes 358. Urban slums were the main locus of ordinary eXISt. B!1t the correct answer could only be given by appropnate research. A crime-specific approach was offender and for the public economy. If the State com­ were concentrated, alternatives to continued popula­ crime in developing countries, as indeed they were pensated the vic~im for his injury (and a growing tion concentration might be programmes of small-scale elsewhere. All too often it was the slum dweller who ca~led for which would treat different categories of cnme according to their differential consequences. number o~ c~)Untl'les ~ad introduced legislation which and cottage industries in rural areas, the development had to bear the main burden of criminality. Criminality gave the vlct~m legal ~Ight to compensation for injuries of new cities and the decentralization of new industrial, appeared to be a product of a way of lift; that existed in 362. Differential treatment options were part of the caused by VIOlent cnmes), then the taxpayer contri­ commercbl and governmental programmes to rural most slum areas, although fortunately not in all. Slums buted by that means to meeting the cost of crime. Public areas. In the absence of social planning to mitigate the were a social and not a physical problem, and the re­ syst~matic approach. If, for example, the open com­ mUl1Ity treatment model were demonstrated to be effec­ expenditur~s on polic~ patro!Iing, urban planning re­ negative effects of crime, cities might be limited in size. placement of deteriorated dwellings with housing pro­ forms or cr.lI!le protectlOn deVices were borne by differ­ However, since larger cities, particularly the existing jects did not necessarily remedy and sometimes ex­ ~iv~ in the long run, research would be necessary to mdlca.te :vhether the protection .of society by the in­ ept authontIes and consequently reflected tacit deci­ ones, had a greater capacity for serving the cultural acerbated the situation if there was no social cohesion. sIOns about the distribution of crime costs and crime C~p~cltatlOn of the offender was not excessively di­ needs of large population groups, a programme oflimit­ It was extremely important that meaningful plans for ~ontrol costs. It was noted that even decisions regard­ ;,ng the size of cities should by no means be viewed as a crime control be concentrated in those areas. mIl1Ished. It was recognized that the systematic model could be developed in terms of rational goals and re­ Ing ,Penal law sometimes involved the distribution of panacea to the urban crime problem. Again, the social 359. To engage local slum communities in crime soc;ml costs, as could be seen in those jurisdictions costs and benefits of alternative options had to be ~ear~h d.ata if certain limitations lying outside the crim­ control programmes, effective local community or­ mal JustIce system could be identified. Those included WhlC.h attempted to minimize criminality by the use of weighed if optimal policies were to be adopted. ganizations had to be created where few or none ex­ the constitution of a country, which would set the legal publIc torture and executions and thereby imposed the isted. T!le residents had to assume direct responsibility parameters; the cultural setting, indicating, for exam­ cos~ o~ th.e community. The problem of clime cost Educational planning for initiating changes designed to ensure the protection ple, the .acceptance ~f humanitarian principles; and the r~dlstr~butlOn was thus a very complex one in which no of the al'l~a and to help solve such problems as those of cost of ImplementatIOn. Those factors might limit ac­ smgle Issue nor any single remedy provided the com­ 355. In many countries most crime connected with youth gangs and the sale of stolen property. The work tion. which otherwise would be suggested by research p!ete. an~wer. So~ial planning to reduce injustice in the violence was committed by youth, particularly in of organizing slums could be carried out by a mum~:pal findIngs. If that were to happen, a rational approach d.lstnbutlOn of cnme cost could not be realized by any gangs. Improved national planning could reduce urban department of community services. Large cities in de­ would be inhibited. Simple master plan with specific and clear-cut goals. youth migration and the large-scale unemployment of veloping countries might be broken down into units of 367. Instead, various methods of distribution educated young people in the cities. There was a need approximately 1,000-5,000 persons 01' into smaller units 363. However, it should be borne in mind that should be developed in such a way that the planning to plan educational systems that would relate more in which there would be some degree of local leader­ considerations of cost were also relevant since re­ efforts directed towardl:i that end would be concell­ effectively to vocational training programmes and to ship, initiative and organization. It was desirable that search could point to a course of action which coincided t\ate~ o~ the most glaring and obvious cases of unjust vocational opportunities. Such planning was in effect in slums and poor people be integrated into the city as a wit~ the concept.of a rational criminaljustice system. If dlstnbutlOn . rather than on the effort to achieve an a number of socialist countries. There was also a need whole and into national development programmes. the ImplementatIOn of that objective prejudiced other all-?ut solutIOn. For the purpose of analysis and clarifi­ for more specific education designed to acquaint youth Some self-help programmes were already in existence d~sirable soc!~1 programmes (e.g., health budgets catIon certain basic distributional issues were iden­ with the implications of crime and to promote the un­ in slum areas of developed and developing countries, mIght be sacnfled), then that approach might not be tified. :rh~ distinction was made between victimization derstanding of national objectives. Unfortunately the and those groups could also be used effectively in crime feasible. costs, mdlrect crime damages and crime control costs. educational systems of many developing countries control programmes. It was. fe~t that in. all?cat.ing the dif~erent types of costs were modeled on Western school systems which 364. What was required, above all else perhaps, t~e p,nnc.lple of dlst.nbutlOl1 accordmg to capability and largely ignored national needs and did little to prepare Planning for a more rational system of social criminal was an awareness ofthe value of drawing on the various dlstnbutlOn accordtng to desserts should be fundamen­ youth for a changing world. Several developing coun­ justice social sciences in criminal justice planning, as well as tal. Thus, according to the concept of relative loss in tries had established national youth services to absorb on a range of approaches and techniques from other p~oportion to the victim's income, and in order to dis­ the large numbers of unemployed youth and to provide 360. Note was taken of the possible approaches for disciplines, some of which might have been developed t\lbute econO!:!':.l~ costs justly, rich people should pay the channels through which surplus labour could be introducing rationality into climinal justice systems, only recently. Action against crime based on its conse­ hlghe~ fin~~ than poor people for the same offence. By directed to a variety of public works and rural settle­ which sprang from an analysis of the measures or reac­ quences had, inevitably, to be conceived and im­ so dOIng there would be relative equality in the burden ment projects. It was important that youth be more tions of society towards crime. They (';ould be classified plemented in the larger context of national priorities borne, and the cost of crime and crime control would be widely incorporated into the political and social in three main categories: punitive sanctions, correc­ and socio-economic needs and required the enlistment redistributed more fairly. Three measures were neces­ institutions-for example, by electing and appointing tional methods (the treatment method) and the in­ of public support and participation. sary to meet that objective: them to local committees concerned with community capacitation of offenders or protection of society. The improvement. three types of measures were i'lpplied on the basis of

48 49 ------.------_._-----._---

?7~. The United Nations should provide, within reports of the five sections by their respective Rappor­ ((I) Introduction of appropriate preventive schemes; (h) Encourage the use of victimization surveys and crime damage statistics to complement the develop­ eXlstmg resources or from extrabudgetary funds, tech­ teurs and to the analysis of the proceedings of the (h) Provision for payment of the cost of crime mea­ ment of comprehensive criminal justice statistics; nical assistance and training in order to encourage the Congress by the General Rapporteur. At the second sures on a differential basis; and use of cost-benefit analysis and systems analysis and part of the plenary. meeting, the Congress formally (i) Develop greater awareness of the significance of (c) Public education to make people aware of the ~ther comprehensive comparative planning and evalua­ adopted the conclUSIOns or reports of the five sections. economic crimes, particularly of corruption and dam­ twn techmques, as well as the collection and dissemina­ The third part of the meeting was reserved for closing issues inherent in that concept of redistribution. age to the environment, within a developmental context tion ~f information an~ reports usi,ng such techniques addresses by the representative of the Secretary­ 368. It was generally recognized, however, that and of the effects of such crimes on the development for cnme control and cnme preventlOn. United Nations General of the United Nations, representatives of certain spedfic conditions had a direct bearing on plan­ process; assistance to national criminal justice programmes regional groups and the President of the Congress. ning to minimize and redislribute th~ costs of crime. (j) Develop the means to predict changes in the types should b~ rend~re? not only by ~pe~ialized criminologi­ 373. On behalf of the Government of Australia, the Among those conditions were the character of criminal of crimes resulting from the interplay of criminogenic cal, services wlthm the OrgamzatlOn but also by its Honou~able Keppel Enderby, Attorney-General of justice in the respective country, the ideology or politi­ factors which may appear in some stages or processes reglOnal planning institutes, public administration pro­ cal system to which that country subscribed, and the Australia, extended a cordial invitation to the United of development and as a result of actions or policies of grammes, statistical services and the like. Nations to hold the Sixth Congress on Crime Preven­ specific crime problems to be controlled. Very often agencies outside of the criminal justice system; what was useful in one country was totally inapplicable 371. The Governments concerned and the United tion and the Treatment of Offenders in 1980 in Austra­ in another country, as was evidenced from an examina­ (k) While recognizing the development model as one Nations should consider the early establishment of re­ lia. He expressed the hope of his Government that all tion of the crime patterns in countries with different of the possible means of identifying and analysing gional research facilities for crime prevention and the Member States would be represented. social systems. It was proposed that further interna­ criminogenic factors, promote the use of other models promotion of criminal Justice in Africa, as well as in as a basis for interpreting criminogenic factors and in­ other areas where there is need, and should strengthen 374. On behalf of the Fifth CDngress, the President tional action in that field might derive from interna­ expressed appreciation to the GI(;vernment of Australia tional exchanges directed towards finding common de­ itiating crime preventive activities; the role of the existing regional institutes in pro.oooting research and training as a basis for policy-making and and Mr, Enderby for that generous effer, which she nominators in criminal justice planning. (I) Promote research leading to a more equitable dis­ planning for crime prevention and criminal justice. then placed before the Congr<;!ss. The proposal to hold tribution of the costs and consequences of crime among the. Sixth Congress in Australia was accepted by ac­ CONCLUSIONS AND RECOMMENDATIONS claim. different segments of society; Closing plenary meeting 369. In the interest of pro muting a more equitable (111) Promote the co-ordination, as a smoothly work­ 375. After expressing her gratification with the re­ system of criminal justice, a wider range of economic ing system, of the various agencies for preventing crime 372. The closing plenary meeting of the Fifth Con­ sults of the Congress, th(! President declared the Fifth and social factors had to be considered. Planners, re­ within countries, through the use of major structural gress was divided into three parts. The first part was United Nations Congre:;s on the Prevention of Crime searchers and those concerned with criminal justice reforms where necessary; devoted to the presentation of summaries of the draft and the Treatment of Offenders to be formally closed. policies and administration should: (II) Promote the maximization of individual freedom (a) Encourage cost-benefit thinking, if not cost­ wi thin the necessary constraints of effective crime con­ benefit research, with the understanding that economic costs are only a part of the measurable costs along the trol consistent with national policies; whole social cost continuum. Cost-benefit thinking (0) Promote the recognition of the fact that perhaps a supplemented by simple research could give crucial substantial amount of crime was provoked by the na­ information on directional changes, which for some ture of the social and economic structure and system of purposes was sufficient for policy-making. The use of society itself, as well as by official action or negligence. some comparative analysis was crucial; Thus, effective crime control measures should be (h) Promote the development orthe indigenous crim­ geared to changes in official actions as well as in indi­ inal justice research capability to directly serve the vidual behaviour. This is particularly true of such needs of policy-makers, planners and administrators; crimes as corruption, white-collar crime, international currency exchange offences, black market crime and (c) Promote the use of extragovernmental institu­ the destruction of the environment; tions, including unh"ersities and their students, as a research resource, particularly in a developmental con­ (p) Through the use of improved educational pro­ text, through collaboration, financial support and the grammes and the mass communication media, promote articulation of research needs; a better understanding on the part of the public of the (d) Promote the development of interdisciplinary re­ economic and social consequences of crime; narrow semch agencies for criminal justice and the organiza­ the gap between the perceptions of personnel working tion of interdisciplinary workshops at the national, within criminal justice agencies and the general public, regional and interregional levels; and fUither more active participation of the public in the prevention of criminality; (e) Promote the collection and analysis of data for policy-making purposes, llsing simple, cheap and effec­ (q) Encourage the writing of research reports in tive techniques of assessment, particularly by building clear, concise language and in a form easily understood in an evaluation component in pilot or demonstration by administrators; projects; (r) Include cost data in reporting crime trends to the if) Encourage simple research techniques in con­ United Nations to the extent possible; ducting problem-solving or action-research appropliate in particular national settings in order to avoid repeat­ (s) Promote the exchange of experts and experience ing the mistakes of some developed countries; between countries, with particular regard to regional and subregional needs; (p) Incorporate dynamic crime prevention planning of a comprehensive and special nature within the (t) Provide for the convening of conferences, expert framework of nlltional planning, with emphasis on the group meetings, seminars and workshops concerned interdependence of clime and crime control activities with the assessment, minimization and redistribution of with all other planning sectors; the consequences of crime.

50 51 tion, in analysing the elements Qf forecasting crime, to variety, on the one hand, and the increasing need, on the numerous and variable factors which contributed to the dther hand, to maintain the individual policeman's crime and its control and treatment. By insisting on the identity with, and membership in, the community from relevance not only of demographic, socio-economic which he came and which he should protect. It was his and political factors in a society but also of cultural and view that the Congress had shown wisdom and insight Chapter III individual psychological factors, he and other partici­ by recommending to the General Assembly that a study pants in both Section I and Section V had emphasized be made of the form and contents of a code of police the dimension of the individual offender and the need ethics, based on the experience of regional groups, REPORT OF THE GENERAL RAPPORTEUR for individualized methods of treatment. which was to be drawn up by police officers and other experts whose expeIience of police work would be 376, Sir Arthur Peterson began his address by ex­ deliberate assault on the personality and corporal integ­ Section II. Criminal legislation, judicial procedures essential. pressing his gratitude to the President of the Con~ress rity ofaperson, whether by the arm of the State or by an and otherforms ofsocial control in the prevention of and to the Chairmen and other officers of the SectlOns, individual, would diminish human welfare by far more crime Section IV. The treatment of offenders, in cllstody or to the Executive Secretary of the Congress, to the than the direct consequences of such an assault. Even in the community, with special reference to the im­ consultants and panelists and to all the participants who when carried out in pursuit of some legitimate or 386. Sir Arthur observed that much of the discus­ plementation of the standard minimum rules for the had contributed to the success of the Congress. He perhaps noble purpose, such an a~sault de~eated itself sion in Section II had centred on the relevance of crim­ treatment of prisoners adopted by the United Na­ commended the efforts of the United Nations Sec­ and gave rise to powerful and persistently vlOlent reac­ inal justice systems to the contemporary needs of dif­ tions retariat and the Canadian volunteers in ITt":eting so effi­ tions. ferent societies. Delegates of many countries had given ciently the change of venue of the Congn~ss. interesting accounts of reforms designed to make their 390. An important isslle which arose in the work of GENERAL REMARKS CONCERNING THE WORK national systems of criminaljustice more responsive to 377. Sir Arthur observed that the ~o~gre~s had Section IV concerned the place of custodial institutions OF EACH SECTION OF THE CONGRESS local needs and cultural patterns. Much interest had and custodial treatment in modern penal policy. Doubts shown in its deliberati.ons not only a contInlllty wIth the been expressed in the processes of' 'decriminalization" past, in its general concern for human w~lfare, but a!so about the effectiveness of custodial measures in promo­ Section I. Changes in forms and dimensions of and "depenalization" though, understandably, dele­ ting rehabilitation, whether measllred simply in terms a new spirit of wi11in~n~ss to bro~den I~S perspe~tlve criminality-transnational and national gates had differed in the range of conduct which they and to recognize the mtImate relationshIp that ~xlsted of subsequent cIiminal behaviour or by more sophisti­ considered could be removed from the ambit of the cated assessments of an offender's adaptation to nor­ between crime control and other elements of social and cIiminal law without damage to the fabric of societv, economic policy. 383. Another important theme that had emerged mal life in the community after release, had grown to from the Congress was the universal concern over the and notes of caution had been sounded. It was recog­ the point at which the question was being seriously Following these general remarks, Sir Arthur 378. increasing vulnerability of all countries, with the ~pr~ad nized that a high proportion of those subjected to the raised in some quarters as to whether prisons, and those commented on the main themes and conclusions of the of the mass media and of high-speed commUnIcatIon criminal justice process were the poor, underprivileged who served ip them, had any remaining function Sections, beginning with the subjects of torture and and travel facilities (highly desirable in themselves), to and minority groups and that for that and other reasons beyond that of containment. In other words, should the terrorism. transnational manifestations of crime. every effort should be made to develop simpler and role of the prison be narrowed and confined to that of more comprehensible legal procedures and to extend protection of the public through effective containment Torture and terrorism 384. In many, though not all, count:ie~ there w~s legal aid and advice. statistical and other evidence of substantIal tncreases tn and to the repressive or retributive function of a ptison sentence? 379. Sir Arthur began his comments on those key various forms of crime. But, Sir Arthur stated, the 387. There had been an understandable difference issues by expressing his belief that the Congress would discussions in Section I illustrated very well three of views between those who felt that the established 391. In Sir Arthur's opinion, such a view of the agree that passionate concern over the use of torture propositions of general relevance for the work of the procedures of criminaljustice were rigid and out of date function of imprisonment seemed to overlook the fact against detained or imprisoned persons. had been the whole Congress: first, that valid generalizations about and those who saw the criminal justice process as a that the effect of the human contacts between prison flexible and effective system of social control. How­ most significant and pressing aspec,t of Its w.ork. ~hat states and trends in criminal behaviour were not easy to staff and the prisoner, and of the conditions of his ever, it seemed very easy to underestimate the com­ general concern had been reflected 10 the delIberatIOns make in the absence of comparable criminal codes, imprisonment, would inevitably affect the individual of all the Sections. Mindful of General Assembly reso­ comparable statistical units and machinery and in the plexity of the judicial task and the demands which it prisoner for good or for ill. It remained the duty of all lution 3218 (XXIX), the Section had paid particular presence of the great cultural ~iversity ~ithin the made on the wisdom and humanity of the judge. The ptison administrations to ensure that the least possible attention to acts of violence associated with torture. United Nations' secondly, that neIther the aim nor the exercise of authority had never been popular and damage was done to the personality of every prisoner available meth~ds of controlling crime and treating of· tended to attract increasing criticism. It was weJl to and that where prisoners needed support and wished to 380. The Congress, Sir Arthur stated, had suc­ fenders could be pursued in isolation from the context remember that without a humane system ofjustice sup­ ceeded in agreeing to recommend for adoption by the take advantage of facilities for training and rehabilita­ of social, economic and cultural conditions in which ported by public opinion, the life of man was, in the tion, they would be made available to them. General Assembly a powerful Declaration condemning they existed; and, thirdly, that there was some danger, words of the philosopher Hobbes, likely to be "nasty, all acts of torture. That Declaration had been drawn as perhaps, of our losing sight of. the dimen.si~n ~f the brutish and short". bro"adly as possible in order to deal with the protect~on Section V. Economic and social consequences of individual (both as offender and mdeed as VictIm) 111 the Alternatives to established methods in the of everyone and not solely those who were und~rgolng 388. crime: new challenges for research and planning quest for remedies of general application, The main treatment of offenders had been discussed both in some form of detention or impIisonment authonzed by lesson for criminal justice policies which seemed to the courts. Section II and in Section IV. The momentum to carry emerge from the discussions of the Congress was that them forward between the Fifth and the next Congress 392. In commenting on the work of Section V, Sir 381. But the inhuman treatment of persons in pur­ pragmatism in their adoption an~ ~pplic.ation r~mained was clearly powerful and well justified, and there Arthur remarked that the Section had taken up the suit of some purpose had another aspect to which the desirable whatever the broad spmtual, Ideological, so· seemed no risk of that momentum being lost. theme that some new forms of antisocial activity, Congress had equally given its attention. That aspect cial and cultural context of individual countries. We whether or not currently classified as criminal offences, was the form of crime for which the label terrorism was, should anticipate as intelligently as \ve could what the Sectioll III. The emerging roles of the police and other could inflict much greater social and economic damage if not precise, at least indicative of its nature. He ob­ future held, plan for and adapt to rapid. changes as law enforcement agencies; with special reference to on the community than had traditional forms of crime. served that torture and terrorism were the two faces of a quickly as we could and be ready also to discard those changing expectations and minimum standards of That theme was related to measurements of costs. A single evil, which was the use of violence to compel aspects of crime control policy which no longer s7rved performance range of techniques of varying sophistication for people through fear and suffering, to bend to the will of their original purpose, or which produced undeSirable measuring crime and its cost had been discussed, and the apparatus of a State or of individuals and groups. consequences in other ways. the point had been rightly made that the choice of 389. In his remarks concerning the work of approach should reflect the circumstances of individual 382. In his view, and he believed it to be also that of 385, Tn a particularly impressive contribution to the Section III, Sir Arthur made a general observation re­ countries. It was considered pointless for any country the Congress, the maximization of hUman welfal'l! was work of Section I, the distinguished panelist from the garding the dilemma posed by the increasing profes­ to saddle itself with an over-complicated system of data the fundamental purpose of the political process. The Soviet Union, Vladimir Kudryavtsev, had drawn atten- sional and technical demands of police work in all its collection and analysis, or research, whose efficient

52 53 __ ,,..,., __'~_N .. _•.•• _~._. ______T

(b) By emphasizing the need to exchange inforf!1~- t ble demands on national re­ operationNmadrte ~~I~~~eFn~spective of the met~ods that tion ~nd, where n:~~!~~~ta~~ p~~~~~t ~~ 6:t~~e~ sources. eve , . h db en laid on the might bejudged appropnate, stress a e d with the ~:rf~~~e{:V~fs ~r:~~dinlg the1 s~entt~~~~~~~fl~~a!~odn:J importance of making all those c~tct~~e social and and the policy-makIng eve s. 0 db k the need for legislators and criminal. justice in relation to !he policY-ra~ersna ~o ~i~hin ~~e Chapter IV t ogs~:i~ d~ci~r~ns, to experts, both scientists and pro esslO s It and economiC cos s 'd' the informatlOn . control and treatment systems, t h e resu.s . benefits secured, and of provl] mfn that way could SUMMARIES OF LECTURES necessary for for the future ~~f~c~s of their contribution, so as tOfen~ble th~.~c~f~~~~ th~t furp?se'e~~criVelY and the expert to gain awareness 0 t e ,Prac I there b~ hope 0 P tannlIn~ crime in the context of preventlOn and con 1'0 O. ' . Criminality, work and leisure time Developing a stable base for criminal justice broader social and economiC plannIng. ~~~~t~~~:~~f~:I~ft6~~~fu~0~~C!h.~~~~~tr~~~tf~n~n- planning Ing ( ) By encouraging and taking mltmtlves m frn: 394. The first lecture, on criminality, work and leisure time, was delivered by Manuel Lopez-Rey, Pro­ 399. The second lecture, on developing a stable INTERNATIONAL COLLABORATION PUb~~~r~I~~h ~~dt~~~:~~~~~~a~S~~; f~et~Se °G~~e~~ fessor of Criminal Law and Criminology, Bolivia. He base for criminal justice planning, was delivered by cAon '0' ly in the Declaration on torture and the study of began his lecture by drawing attention to the difficulties William McGrath, Executive Director of the Canadian sserr . thO d involved in attempts to establish a relation between Criminology and Corrections Association. 393 In discussing the prospects f~r int~natio~:~ a universal code of polIce e ICS; an criminality and leisure time. 400. Mr. McGrath began his-lecture by stating that collaborat~o~ ~~~~~~~~ ~~r:~~ee~ ~~ ~!~tafci~~ the (d) Lastly, by maintaining con.tinuity of workd ~~d the existence of a general interest in seeking an accept­ f l' ose between the Fifth Congress an e 395. The assumption that work prevented criminal­ able moral code to guide social private living had rele­ ;~~f~;~heaU citetd NOaf~~~~~~str: ~~~~~~:icl~ff~~~~~i fir~tei~ ~h~~a~e of all the short-term pressurr an? 0 f ity while idleness increased its incidence was consid­ vance to the field of criminal justice. Historically, laws and the treatmen ~~rai~s which might impede the development 0 se~sl­ ways, among them: ered to be without merit. Professor Lopez-Rey main­ had been based on religious tenets, but they were found ble policies for crime preven~ion and contro~~~~ ~~g~~ ., the need for better information tained that the assumption lacked merit in part because to be too nan-ow and rigid in orientation, and that, as a (a) By recogmzIng I . luding deflect the attention of natlOnal Go,:,emm 'bTt of the difficulties in establishing a clear distinction be­ consequence, had led to a separation of law from reli­ . . I justice and crime contro, mc selves from that fundamental and crucIal respons! ! I y. about c~mlsnawell as social and individual factors; tween leisure time and work and, in part, because gion. However, attempts to find an objective and con­ economiC a crimes were known to have been committed during sistent substitute to religion, as a basis for improving both work and leisure time. the criminal justice system, had resulted in confusion of aims, policies and practices. 396. It was evident that during working hours there 401. Present difficulties, arising in large part from were frequently free periods in which people deliber­ undue reliance on rationality and a neglect of the de­ ately did not do anything or did something other than mands of morality, couln be mitigated by a stable work. That was the case, inter alia, among guards and philosophical foundation that gave due weight to moral security officers and in other professions in which per­ responsibilities, as well as to the rights of individuals. sons engaged in reading and other pastimes in order to The individual needed a moral basis for testing his pass the time but not to work, a situation that provided a motives in relation to crime and criminals. Therefore, partial distinction between leisure and work. On the the deve~opment of good criminal laws and criminal other hand, the leisure time of which a person could justice practices would require the measuring of indi­ dispose freely without instructions from another person vidual motivation in the commission of crimes against might be regarded as work or effort, as, for example, in objective morality. A proper determination of the role the case of such tiring work as certain forms of garden­ of morality in criminal justice would also lead to the ing, handiwork, carpentry or metal work. Moreover, development of more realistic guides for the rehabili­ during leisure time a series of efforts or activities could tation of offenders. be performed on behalf of a third person, which could even be remunerated without thereby losing their 402. Research had been found to be an inadequate character as leisure time activities. Thus, the definition instrument for the determination of the purpose and of work as time spent on behalf of a third person was not aims of the criminal law , since most of the basic issues valid. It should be added that exploitation, frustration, involved were ethical in nature. However, research fatigue, monotony and other factors related to work could influence conclusions on the practical value of encouraged certain kinds of criminality. various policies, such as the deterrent effects ofjudicial punishments. Evaluative research in the field of crimi­ nal justice depended on moral definitions, since there 397. Various crimes were known to have been could be no determination of success independent of committed during work as a consequence of the charac­ moral judgement. Even the seemingly objective mea­ ter of that work or because of the opportunities which it sure of trends in crime rates would be valid only after provided. Mistreatment, police torture, deliberately it had been subjected to the test of morality. unjust judicial decisions, corruption by big business, exploitation of the work of others in contravention of 403. Criminological research had been of consider­ provisions and the like demonstrated that work as such able value in detecting weaknesses in the present sys­ could be the source of or could facili.tate criminality. tem but !ess successful in proposing alternatives. 404. The determination of acts to be defined as 398. A more serious problem could arise in relation crimes depended on the attitudes within a particular to the immediate future, in which rising life expectancy society, and those attitudes were subject to change over would lead to fewer working hours and to the organiza­ periods of time. Such changes mightlead to the removal tion of leisure as a basis for recreation or vacation. of certain acts from the list of crimes or the inclusion of

55 54 others in that list. However, there were serious dangers international trade and required the colla~oration of different social strata, its methQd of distributing mate­ the raising of the qualifications of working people and in the application of the "sin'.' measurement to estab­ criminals in more than one country. Such CrImes could rial goods, and its society's predominant moral values. lish relative seriousness of CrImes. be more efficiently prevented at a~ internationall~vel. the improvement of general education wer~ helping to Scientific and technical progress increased labour pro­ mitigate conflict situations and strengthen moral stan­ The first step towards the reduct!on of those c!1mes ductivity and thereby broadened economic oppor­ 405. The methods used in the application a?d en­ should be the exchange of in for mahon, the collectIOn of dards of behaviour. In combating violent crime it forcement of the law were considered to.be more Impor­ tunities, but it could not change the methods of produc­ seemed essential to prohibit the propagation of violence data, and comparative studies ~ased?n th?se data. F~ll tion and distribution of material goods. Therefore, in a tant than the law itself, in terms of their real effec! on pUblicity for cases of tax evaSIOn, finanCial frauds, Il­ on television and through other mass communication people. [t w.as therefore ~ecessary to ensure wider society in which behaviour was motivated by the desire media and to observe consistently. in the work of the legal sale of goods, smuggling, bribery and other forms for financial success, the growth of industrial produc­ community mvolvement !n .s~ch matters so as ~o of corruption would not only have a deterrent effect I;lllt organs of criminal justice, the principle that account­ safeguard the rights of the I~dlvldua!. U n?ue emphasIs tion by means of scientific and technical progress was ability was inescapable. would help in co-ordination of. further preyentlve not capable of reducing the incidence of crime against on professionalism ~nd.efficI~ncy. might distort the fa~t measures. The personnel engaged 10 the preventIOn and that people sought Justice ,PrI?1anly because of a dedi­ property. Such crime, in fact, might increase as consid­ 421. Scientific and technical progress increased the control of economic criminality should be p~operly erations of prestige became more important. potential of the criminal justice system in its fight cation to fundamental pnnclples rather than to effi­ trained and additional expertise should be prOVided by ciency. against crime by providing it with new technical equip­ economists and social scientists. Finally, a recommen­ 415. By contrast, where social relations were based ment, improving its organization and strengthening the 406. The development of computerized data banks dation was made to elaborate an internationally.recog­ on collective ownership of the means of production, preventive orientation of its work. New forms of social to aid administrators, p~licy pl~nners. and resear~hers nized code of behaviour in international economic rela­ crime against property had no social roots and therefore control emerged from the broad participation of society was creating new moral Issues mvolvmg the confiden­ tions. decreased. Whereas in Czarist Russia crimes against in the fight against crime. tiality of information. property had accounted for 80 to 85 per cent of all court Crime prevention and the scientifk and technical cases, in the Soviet Union today they accounted for no 422. All those considerations justified an optimistic 407 The findings of social science had been inter­ , view of the prospects for combating crime under condi­ preted to support the theory that the c.rif!linal c.ould not revolution more than 35 to 40per cent. At the same time, socialism had not yet eliminated money-exchange relations, or tions of scientific and technical development when be responsible for his acts. Some cnmlnologlsts held those conditions were accompanied by progressive so­ 411. The fourth lecture, on crime preve~tion and achieved distribution according to need; that explained the view that all citizens were law breakers and that the cial transformation for the benefit of society as a whole. important area of study was the process. that selected the scientific and technical revolution, was delivered by the persistence of both the physical opportunities and Vladimir Kudryavtsev, Director of the Instit~te of the psychological preconditions for crimes of that kind, out a few of the many offenders for pubhc condemna­ which were being al:;tively combated. tion and punishment. Such v!e"Ys, if accepted,. would State and Law, Academy of Sciences of the Umon of Tasks of the United Nations national correspondents make it unnecessary for the cnmlnal to reform, since he Soviet Socialist RepUblics. 416. The basic directions which the struggle would had done nothing for which he was to blame. Young 412. Scientific and technical progre.ss w~s being take were bound up with the further prospects for social and economic development in socialist society. They 423. The fifth lecture, on the tasks of the United people could be misled into believing that t~e~ were made on a large scale in many countnes, .linked to Nations national correspondents, was delivered by sacrificing themselves for the good of ~um~mt:y If they changes in society that were not only economic but also were: the rapprochement of the conditions of the vari­ ous classes and social groups; the expansion of social Ahmad Khalifa, Chairman of the National Centre for became criminals. Those issues had ImphcatlOns for social, cultural and psychological. A number of coun­ Social and Criminological Research, Cairo. He began the treatment and punishment of ~f~end~rs ~nd would tries were witnessing the emergence of new forms. of consumption funds; and the inculcation in the popUla­ tion of humanitarian values. Scientific and technical his address by reviewing past and projected activities also complicate the process of cnm10al Justice. criminality, an increase in the num~er of aggres~lve that were deemed to be necessary for the promotion of criminal acts, the growing compleXity of orgaruzed progress promoted the realization of those long-range 408. Clarification of the moral issues should neces­ tasks. international collaboration in the field of crime preven­ sarily be preceded by the solution of several ,~roced?,r~1 crime in business and so forth. On the. other ~and, tion and the treatment of offenders. matters, notably the definition of the word mC?r~1 I~ scientific and technical progress was mak~ng p~sslble a 417. The causes of violent (aggressive) crime were managerial use of new metho~s of combatln¥ cn?1e and related to the level of morality and culture of the popu­ 424. It was clear that crime had become one of the the context of the criminal justice sy~tem. A cltlze!lS major problems confronting the world community. The code of responsibility in criminaljusttce cou.l? prOVide treating offenders. Thus, the mflue?ce of sClen~lfic and lation and to social conflicts at various levels of the technical progress on crime and cnme preventIOn was United ~ations, given its prestige and vast experience the guidance needed for legisla.tor~ and pr~ctltlOners. A social structure. The influence of scientific and techni­ complicated and contradictory. cal development on those factors was, again, not a in that field, was the appropriate organization for pro­ code of ethics for the communicatIOn media would be. a viding leadership in a concerted international fight necessary first step. Great care s~ould ~e tak~n to. aVOid 413. However, the influence of scienti~c and tech­ simple one. Among the positive factors were (a) the against crime. a return to the practice of equat10g cnm~ ':"lth sm and nical progress on crime and .cri~e I?reventlOn w~s not increased social needs of people with higher job qualifi­ identifying the criminal as a target for divine wrath. the same everywhere, despite Similar rat~s of Indl!s­ cations and level of culture in general, (b) the expanded 425. Proper assessment of world crime trends was trial, scientific an.d technical de,:elopment In countn~s role of efficient organization in technological processes considered to be an important prerequisite for viable Offences against the economy with different SOCial and economic s~steI!ls. ~her~as.m and in social life as a whole, and (c) improvement in the action in crime prevention and control. But any mean­ a period of 10 years (1960 tc? 1970), CrIme In SIX capltahst level of information and the degree of interpersonal ingful attempt to assess world trends would require a 409. The third lecture, on offences ~gainst the countries: Federal Repubhc of Germany, Italy, Japan, communication. The objective results of those factors constant flow of information in all directions. Thus, the economy, was delivered by Khaleeq NaqvI, Profes.sor the Netherlands, Sweden and the U~ited Stat~s .of were to increase co-operation at work and to strengthen functions of the national correspondents seemed to be of Economic Policy of the Delhi School of Economics, America had increased by 176 per cent, In five soctah~t the principles of collectivism and collaboration which, extremely vital for the purpose of assessing trends. University of Delhi. countries (Czechoslovakia, the Germa~ Democra~lc in tum, exerted a positive influence on personal be­ 426. A network of national correspondents had Republic, Hungary, Poland and the Umon of Soviet havioural motivations. been established, in response to General Assembly re­ 410. Mr. Naqvi stated that offences against the Socialist Republics) it had declined by 12 per c.ent, ev~n solution 415 (V) of 1 December 1950, to carry out the economy had increased significantly in the recent past 418. Negative factors might derive from a weaken­ though the average annual rat~ of growth of mdus.tna! ing of the traditional social bonds and previous forms of following functions: and had become the most important ~omponent of ~he production was comparable m all those countnes. social control (in rural areas, in the family and so forth). (a) To keep the United Nations Secretariat informed national crime situation, particularly In the devel?pmg That indicated that scientific and technical progress countries. Such crimes adversely affected the basIc ec­ 419. In objective reality, the correlations of those on developments in their countries. In that regard re­ affected criminality by way of ~ocial f~~tors, pr~marily onomic structure and, through their impact on saving.s, trends were not identical in countries with different levant documentation, particularly legislative texts. through the social and. economic ~ondlti?nS of hfe m a social systems and different levels of historical de­ administrative reports and statistics were to be pro­ investment, rate of interest, foreign exchange aVail­ society, rather than dIrectly and Immediately. ability and hence levels of 9utI?ut ~md empl?yme~t, velopment. In any particular case, scientific and tech­ vided; had negatively stressed the dlstnbutlOn of natIOnal in­ 414. Important factors in explaining the extent of nical development should be analysed in its specific (b) To assist the Secretariat in the collection of the come. Resourceful and powerful forces in th.e area of crime against property and its causes were the gene~al historical context. information required for its studies and inquiries; and business, politics and bureaucracy were .be~llld. those economic condition of the country concerned and ItS 420. Under socialism neither industrialization nor (c) To facilitate the dissemination within the appro­ crimes. They were a reflection of t~e dlstnbutl~n of 4 See lozsef Godony, "Scientific and technical d~velopment and urban construction nor migration resijited in an in­ class power in the respective countnes. Many cnmes pIiate national agencies of international developments the dynamics of criminality", Journal of Hungarian Law, No.4 crease in violent crime. Long-range social planning, that could help Governments in their policies and ef­ against the economy had developed in the context of (1974), pp. 189·196 (in Hungarian). vocational guidance and job placement for the young, forts.

56 57 I

the General Assembly, the Economic a.nd Social Coun­ \ 427 Despite attempts to ensure the effectiveness of cil and other United Nations organs In r~cent y~ars, that system it had never proved satisfactory. It ",,:as fl cted the growing concern of the InternatIonal I significant that networks established by other agen.cles ~~~munity with respect to criminality in our modern the United Nations had proved much more effective. o f . world. 428 The reasons for the establishment of an mte.r­ 430. It was to be noted that the Organ~zation ~ad at Chapter V \ natio~al network of national correspondents w7re still one time experienced a change offocus of Interest 111 the v~lid but the functions entrusted to t~lem rem~Inedh t~ mid-1950s, when developin.g countri~s assu~ed gr~at a gr~at extent, unfulfilled. The Untted NatIOns a importance in the formulatIOn of Untted N~tIons PI?­ ORGANIZATION OF THE CONGRESS been hampered by a serious lack. of f~ctual u~-to-?at~ grammes. It sounded quite plausible at the tIme that In information and statistics. That situatIOn had Imprur7 most developing countries, the greater problems w~re Terms of reference Bar Association Commission on Correctional Facilities the capacity C)f the United Nations to cdrry ?ut ItS backwardness, illiteracy, disease, hunger and povel ty. and Services and the Academy of Contemporary Prob­ responsibilities under General Assembly resolu.tlO; lems act\ng as hosts. ~15 431 In 1965 the Economic and Social Council pas­ 432. The Fifth United Nations Congress on the (V) concerning the agreement between the Un}te . a­ Prevention of Crime and the Treatment of Offenders sed r~solution 1086 B (XXX~X), in v:hich it ca!led for 437. The purpose ofthose meetings was to consider tions and the International Pen~l. and Pent.tentIarY was organized in conformity with paragraph (d) of the the range of issues for items 5 (Changes in forms Commission, whereby the Co.m.n:l1~SlOn "Y as ~hssolved the strengthening of the Untted NatIOns role ~nd ac­ annex to General Assembly resolution 415 (V) of tivities in social defence. That important resoluil?n ha~ and dimensions of criminality-transnational and na­ and the international responsibilIties which It. had as­ 1 December 1950, which provided for the convening tional), 6 (Criminal legislation, judicial procedures and sumed since 1872 were transferred to the Untted Na- ut an end to the phase of hesitation and COnflict ~n every five years of an international congress in this had underlined the fact that the ~ain ¥~als of the Untted other forms of social control in the prevention of tions. field. It was held at Geneva from 1 to 12 September Nations in the social field lay In ral~mg the lev~ls of 5 crime), 7 (The emerging roles of the police and other 429. The inadequacy of that netw?rk o~ correspon­ Hvingfor the peoples of the world. In It the CounCil ~ad 1975. law enforcement agencies, with special reference to dents became more evident in connexlOn wlth.the ~g~i explicitly endorsed the principle that the pre,,:e~tlOn 433. The Fifth Congress was originally scheduled changing expectations and minimum standards of per­ date given by General Assembly resolutlO,n and control of juvenile delinquency and adult cnmn~al­ to be convened at Toronto from 1 to 12 September formance) and 8 (The treatment of offenders, in cus­ (XXVII) of 18 December 1972 to formulate an mterna­ ity should be undertaken as part of comprehenSive 1~75. with the Government of Canada acting as host. tody or in the community, with special reference to the tional plan of action to be submitted to the General economic and social development plans. Acting 0"', a request by the Government of Canada for a implementation of the Standard Minimum Rules for the Assembly. That resolution. as well as others passed by postpC'·.Iement of the Congress for one year, the Com­ Treatment of Prisoners adopted by the United Nations) mitke on Conferences of the General Assembly de­ of the agenda for the Fifth Congress, and to make cided, in July, not to accede to the request for post­ recommendations, as appropriate, regarding the final ponement and decided that the Congress should be held drafting of the working papers prepared by the United as scheduled, from 1 to 12 September 1975, at Geneva. Nations Secretariat on those agenda items (A/CONF.56/3, A/CONF.56/4, A/CONF.56/5 and Preparation A/CONF.56/6). An additional expert meeting on agenda item 8, for experts from the African region, was 434. In preparation for the Fifth Congress, pre­ convened at Stockholm from 26 to 30 May 1975, with paratory regional meetings were held in Tokyo from 12 the Lutheran World Foundation acting as host. to 21 July 1973, with the Government ofJapan acting as 438. At its second session, held in May 1973 at host; at Brasilia from 5 to 10 November 1973, with the United Nations Headquarters, the Committee on Government of Brazil acting as host; at Budapest from Crime Prevention and Control considered, inter alia, 28 to 31 May 1974, with the Government of Hungary the preparations for the Fifth United Nations Congress acting as host; and at Lusaka from 17 to 23 March 1975, and approved the substantive iterris to be included in with the Government of Zambia acting as host. the agenda for the Congress. At its third session, held at 435. The Government of Denmark was host to a Geneva from 23 September to 3 October 1974, the special preparatory meeting for European countries on Committee reviewed and completed those agenda 17 August 1973. The League of Arab States and the items. Government of Egypt held a special preparatory 439. The provisional rules of procedure for the meeting for Arab States at Cairo from 23 to Congress (A/CONF.56/2) were prepared by the United 26 November 1974. A subregional meeting was also Nations Secretariat. Provisional rule 25 was amended held at Kingston, Jamaica, from 5 to 11 January 1975, to reflect the change of venue (A/CONF .56/2/ with the University of the West Indies acting as host. Amend. I). Representatives of the Un~ted Nations Secretariat at­ tended these meetings as resource persons. 440. For a period of two years prior to the Con­ gress, organizational mf~etings were held periodically at 436. Meetings of working groups of experts were Ottawa, Toronto and United Nations HeadquaI1ers, convened in the United States of America at Reno, between the Canadian Organizing Committee for the Nevada,6 April 1975, with the National College of the Congress and the United Nations Secretariat. State Judiciary at the University of Nevada acting as host; at Airlie House, Virginia, from 7 to 10 January Participation 1975, with the Police Foundation acting as host; and at the Academy for Contemporary Problems, Columbus, 441. The following categories of persons were enti­ Ohio, from 18 to 22 November 1974, with the American tled to attend the Congress: experts designated by Governments invited to participate in the Congress; 5 The first four Congresses were held at Geneva in 1955, in London representatives of the specialized agencies of the in 1960, at Stockholm in 1965 and at Kyoto in 1970. The reports of the Congresses are contained in United Nations publications, Sales United Nations, of the Palestine Liberation Organiza­ Nos. 56.IV.4, 61.IV.3, 67.IV.1 and E.71.1V.8, respectively. tion and national liberation movements recognized by

59 58

...... ~C." ...... ~ ______------~.. * :;:p

the Organization of African Unity, of intergovernmen­ Congress and from Trust Territories and Non-Self­ developed and developing countries alike. At the re­ Boris Viktorov, Deputy Minister, Minish'Y of the tal organizations and of non-governmental organiza­ Governing Territories. The United Nations Develop­ gional preparatory meetings use' was made of a discus­ Inteldor, Union of Soviet Socialist Republics tions in consultative status with the Economic and ment Programme approved thf' use of country funds to sion guide based on the first draft of the working papers. The results of the regional discussions were incorpo­ Warren Woodham, Permanent Secretary. Ministry Social Council and interested in, or concerned with, assist selected experts and government officials from of National Security and Justice, Jamaica. aime prevention and the treatment of offenders; and the developing countries to attend the Congress as ob­ rated in the final text of the working papers presented to qualified individuals. servers. A total of four officials were sponsored by the the Congress. That procedure ensured wide coverage of the subjects before they were actually presented to Honorary Vice-Presidents 442. All States Members of the United Nations, Office of Technical Co-operatiori of the United Nations Secretariat. the Congress. The World Health Organization pre­ Abdel-W~hh~b EI-Asch~1aoui, Executive Secretary. members of its specialized agencies, and the Palestine pared a paper entitled "Health aspects of avoidable Arab OrgamzatlOn for Socml Defence, League of Arab Liberation Organization and national liberation move­ 450. Also officially registered at the Congress were maltreatment of prisoners and detainees" States ments recognized by the Organization of African Unity 19 Canadian staff volunteers, who assisted the sec­ (A/CONF.56/9), in response to the request contained in Adli Baghdadi, Premier Sous-secretaire d'Etat were invited by the Secretary-General to appoint rep­ retariat of the Congress. General Assembly resolution 3218 (XXIX). resentatives to participate in the Congress. The United Ministere de la Justice, Egypt . Nations Children's Fund (UNICEF) and four inter­ Agenda 455. At the request of the United Nations, the In­ M. CherifBassiouni, Professor of Law. De Paul Uni­ governmental organizations interested in the questions ternational Criminal Police Organization (INTERPOL) versity, United States of America on the agenda-the Council of Europe, the Interna­ 451. The programme of the Congress was devoted and several non-governmental organizations submitted Ado~fo Beria di Argentine, Judge, Supreme Court of tional Criminal Police Organization (INTERPOL), the to the general theme of "Crime prevention and papers in connexion with the agenda items. Many Governments prepared and distributed position papers CassatIon, Secretary-General, Centro Nazionale di League of Arab States and the Organization of African control-the challenge of the last quarter of the cen­ Prevenzione e Difesa Sociale, Italy Unity-were invited to send representatives to the tury". The substantive programme comprised the fol­ on all agenda items. A list of the documentation before Congress. lowing agenda items: the Congress is given in annex III. Alphonse Boni, premier president de la Cour d'Appel, the Ivory Coast . 443. Invitations to participate in the Congress were 5. Changes in forms and dimensions of criminality also addressed to interested non-governmental organi­ -transnational and national Officers Pierre Bouzat, doyen honoraire, Faculte de droit de Rennes. France zations in consultative status with the Economic and 6. C.riminal legislation, judicial procedures and other Social Council and to the International Penal and 456. At its opening meeting, the Congress elected forms of social control in the prevention of crime by acclamation the following persons as its officers in William Clifford, Director, Australian Institute of Penitentiary Foundation (IPPF). Criminology, Australia 7. The emerging roles of the police and other law en­ accordance with rule 13 of the rules of procedure: 444. The United Nations Secretariat accepted the forcement agencies, with special reference to chang­ Edward Galway, formerly Chief, Social Defence applications of persons having a direct interest in thc ing expectations and minimum standards of perfor­ President Section, United Nations Secretariat, formerly Direc­ field of crime prevention, including representatives of mance Inkeri Anttila, Minister of Justice, Finland tor, United Nations Social Defence Research Institute criminological institutes and of national non-govern­ and formerly Interregional Adviser in Social Defence, mental organizations concerned with crime prevention 8. The treatment of offenders, in custody or in the Ireland and the treatment of offenders to palticipate in their community, with special reference to the implemen­ Honorary President individual capacities. tation of the Standard Minimum Rules for the Svetla Daskalova, Minister of Justice, Bulgaria Jose Garda Alvarez, Presidente, Sala de 10 Criminal Treatment of Prisoners adopted by the United Na­ del Tribunal Supremo. Cuba 445. The Secretary-Gene1'a1 also invited all the na­ tions tional correspondents of the United Nations in the field Vice-Presidents !..rihal Jayawickrama, Secretary, Ministry of Justice, of crime prevention and the treatment of offenders to 9. Economic and social consequences of crime: new Subramanya Iyer Balakrishnan, Joint Secretary, Sn Lanka attend the Congress in an individual capacity unless challenges for research and planning. Ministry of Home Affairs, India Peter P. Lejins, Director, Institute of Criminal Jus­ designated as delegates of Governments. 452. The General Assembly of the United Nations, Wolfgang Doleisch, Head of the Department for tice and Criminology, University of Maryland, United States of America 446. There were 913 registrations for 906 partici­ in its resolution 3218 (XXIX), requested the Congress Planning and Organization in the Field of Enforcement pants, from 101 countries, at the Congress. Of that to do the following: of Penal Measures, Ministry of Justice, Austria Rafael Martinez Diaz, Secretario General. Comision number 549 were designated by their Governments. (a) Under agenda item 7, to give urgent attention to ¥oha!llmed Elfadel, Professor, Facl!lty of Law, Nacional de Prevencion del Delito, Colombia The list of participants, by category, is given in annex I the question of the development of an international Umverslty of Damascus, Syrian Arab Republic of the present report. The International Labour Organi­ Frank P. Miller, Canadian Co-ordinator for the Fifth code of ethics for police and related law enforcement United Nations Congress on the Prevention of Crime sation (ILO), the United Nations Educational, Scien­ Ali EI-Hawat, Lecturer in Sociology, University of agencies; and the Treatment of Offenders, Canada tific and Cultural Organization (UNESCO) and the Tripoli, Libyan Arab Republic (b) Under agenda item 8, to include, in the elabora­ World Health Organization (WHO) were represented at Farouk A. Mourad, Director General, Buteau of tion of the Standard Minimum Rules for the Treatment Keppel E. Enderby, Attorney General, Australia the Congress, as were the Council of Europe , the Inter­ Crime Prevention, Ministry of Interior, Saudi Arabia national Criminal Police Organization (INTERPOL), of Prisoners, rules for the protection of aU persons Pero Korobar, President of the Supreme Federal Court, Yugoslavia the League of Arab States, and the Organisation for subjected to any form of detention or imprisonment Alfonso Quiroz CUal'on, Professor of Forensic Medicine, Presidente de la Sociedad Mexicana de Economic Co-operation and Development (OECD). against torture and other cruel, inhuman or degrading Ricardo E. Levene (Hijo) , Member of the Supreme treatment or punishment, and to report thereon to the Court of Justice, Argentina Criminologia, Mexico 447. Representatives of the following national Iib­ General Assembly at the thirtieth session. eration movements attended the Congress: the Pales­ Manuel Lopez-Rey, Professor of Criminology and Sir Leon Radzinowicz, formerly Director of the Institute of Criminology, Cambridge, England and vis­ tine Liberation Organization (PLO), the African Na­ 453. Five persons prominent in the field of the pre­ Criminal Law, Bolivia tional Congress of South Africa (ANC) and the Seychel­ vention of crime and the treatment of offenders were iting Professor at Columbia University, United States invited by the Secretary-General to deliver lectures at Fran90is Mbouyom, procureur general, Supreme of America les People's U ni ted Party. Court, thl~ United Republic of Cameroon the Congress. German Requena Herra, Director de Prisiolles, Ven­ 448. Thirty-two non-governmental organizations in Teodulo C. Natividad, Commissioner, National ezuela consultative status with the Economic and Social Documentation Police Commission, the Philippines Council designated a total of 82 representatives. The . Jose Arthur Alves da Cruz Rios, Professor of So­ International Penal and Penitentiary Foundation Jan Pjescak, Deputy Minister, Ministry of the In­ CIOlogy, Catholic University, Brazil terior, CZ1echosiovakia (IPPF) designated 18 representatives. 454. The documentation prepared by the United Nations Secretariat was intended to provide a com­ ~hors.ten Sellin, Professor Emeritus of Criminology, Andrew Saikwa, Commissioner of Prisons, Kenya Umverslty of Pennsylvania, United States of America 449. Attending the Congress as individual par­ prehensive background for the discussions at the Con­ ticipants were 240 persons, including some experts and gress by examining the elements of the problems and Andre Touren, Premier A vocat General ala Cour de Georg Sturup, M.D., formerly Director of Hersted­ officials from countries not officially represented at the indicating the aspects that were of major concern to cassation, France vester, Denmark

60 61 ~.

Juhei Takeuchi, Member of Legislative Council, Vice-Chairman: Keppel E. Enderby (Australia) Panel: Dudley Allen (Jamaica); Juan Carlos Garda Chairman, Section IV: Atsushi Nagashima (Japan) Ministry of Justice, Japan Basalo (Argentina); Paul Cornil (Belgium); Suhariah Benigno di Tullio, President of Centre for Interna­ Rapporteur: Severin-Carlos Versele (Belgium) Soetarman (Indonesia); Alfons Wahl (Federal Re­ Chaii'man, Section V: Leszek Lernell (Poland) public of Germany) tional Co-operation in the Prevention and Treatment of Criminal Behaviour, Italy. Panel: Tolani Asuni (Nigeria); Erich Buchholz (Ger­ Executive Secretary of the Congress: Gerhard O. W. man Democratic Republic); Nils Christie (Norway); Consultants: M. Cherif Bassiouni (United States of Mueller 457. Helvi SipiJa, Assistant Secretary-General for Guido Gonella (Italy); Jorge A. Montero Castro America); Giuseppe di Gennaro (Italy); Torsten Social Development and Humanitarian Affairs and (Costa Rica) Eriksson (Sweden); Albert Metzger (Sierra Leone); Co-opted members George D. Howard, Director of the Social Develop­ Herman G. Moeller (United States of America). ment Division, Centre for Social Development and Consultants: Orlando Contreras Pulido (Venezuela); Jose Arthur Alves da Cruz Rios, Brazil Humanitarian Affairs, Department of Economic and John Hogmih (Canada); Constantijn Kelk (Nether­ Representative of the Secretary-General: Peider Konz Social Affairs, represented the Secretary-General at lands); Christian Nils Robeli (Switzerland); Ab­ ljaz Bukhari, Pakistan the Congress. Gerhard O. W. Mueller, Assistant delaziz Shiddo (Sudan) Secretary. Adrian Brown Director-in-Charge of the Crime Prevention and Crimi­ Lombe P. Chibesakunda. Zambia nal Justice Section, Social Development Division, Representative of the Secretary-General: Antonio J. Co-secretary: Clas Amilon Centre for Social Development and Humanitarian Af­ Uy Giinter Giel, German Democratic Republic fairs, Department of Economic and Social Affairs, Section V. Agenda item 9. Economic and social served as Executive Secretary of the Congress. Secretary: Arkadij Nekrassov consequences of crime.' !/ell.' challenges for research Harold Tyler. United States of America 458. In accordance with rule 14 ofthe rules of pro­ and planning cedure, the Secretary-General dl:!signated, in advance Co-secretary: Johanna van del' Vaart 460. Pursuant to rule 26 of the rul~s of procedure. of the Congress, the General Rapporteur of the Con­ Chairman: Leszek Lernell (Poland) the Steering Committee elected the following officers gress and the Chairman, Vice-Chairman and Rappor­ Section III. Agenda item 7. The emerging roles of the from among its members. Chairman: President of the teurfor each of the five sections. These officers, whose police and other [alt' enforcement agencies, with Vice-Chairman: Eric P. Kibuka (Uganda) Congress, Inkeri Anttila (Finland); Vice-Chairman: designations were affirmed by the Congress at its first special reference to changing expectations and Lombe P. Chibesakunda (Zambia); Rapporteur: Jose plenary meeting, are listed below under each section. minimum standards of pe,jormance Rapporteur: Warren Woodham (Jamaica) Alihur Alves da Cruz Rios (Brazil). Also listed under each section below are the panelists, consultants and other officers of the Congress. Chairman; Sergio Garcia Ramirez (Mexico) Panel: Pier AlIewijn (Netherlands); Peter P. Lejins Organization of work (United States of America); Denis Szabo (Canada); General Rapporteur of the Congress: Sir Arthur Peter- Vice-Chairman: Essa Shuaib Al Ali (Kuwait) Patrik Tornudd (Finland); Yat-Hoong Yip (Malaysia) 461. In accordance with rule 7 of the rules ofproce~ son (United Kingdom of Great Britain and Northern dure the substantive items on the agenda of the Con­ Ireland) Rapporteur: Philip John Stead (United Kingdom of Consultants: Marshall Clinard (United States of gress were allocated to five sections. Each section held Great Britain and Northern Ireland) America); Marco A. GonzaIez Berendique (Chile); seven meetings, following more or less the proposed Sectioll I. Agenda item Changes ill forms and di­ 5. Alberto Izaguirre (Costa Rica); Philippe Robert time-table contained in the annex of the annotated pro­ mellsiolls of crimillality-transnational and national Panel: Oemar Seno Adji (Indonesia); Graeme Augus­ (France); Richard F. Sullivan (United States of visional agenda and programme of work America) Chairman: Rolger Romander (Sweden) tine Dallow (New Zealand); Kazumi Ito (Japan); (A/CONF.56/I/Rev.l and Corr.!). Consideration of Geza Katona (Hungary); Egon Schlanitz (INTER­ the respective agenda items took the for~l of a discus­ Vice-Chairman: Subramanya Iyer Balakrishnan (India) POL) G

62 63 meetings to members of government delegations, as in United Nations Standard Minimum Rules for the the plenary meetings, and to recommend that the Treatment of Prisoners. Committee on Crime Prevention and Control review the rules of procedure of the Congress with a view to 469. The International Society of Social Defence, bringing them into conformity with current practice in the International Association of Penal Law and the other United Nations bodies. The Congress then International Society for Criminology held separate meetings to discuss the following subjects: legal policy adopted the rules of procedure, as amended (see ANNEXES annex II). as related to the new forms and dimensions of delin­ quency; the international criminal court; and new forms Annex I Small-group meetings and dimensions of criminality. 470. The Alliance of Non-Governmental Organiza­ List of participants a 465. While it was not possible to provide interpreta­ tions on Crime Prevention and Criminal Justice held a tion services in the four working languages of the Con­ meeting to discuss the subject of women in criminal I. Members of Government delegations gress at all the meetings of small groups, all other justice. facilities were made available at such gatherings and a ALGERIA Owen L. Davis, Ambassador, Permanent Mission to the United total of 10 small-group meetings were held. Workshop on evaluative research Nations Office at Geneva Ali Berchiche, professeur de droit, Faculte de droit Robin M. Durant, Assistant Director, Probation and Parole, South 466. The Howard League for Penal Reform, the d'Alger-Ben-Aknoun, Alger Hocine Ait Hadi, conseiller, Alger Australia, Adelaide International Council for Alcohol and Addiction and 471. A workshop on evaluative research was or­ ghnized by the United Nations Social Defence Re­ Youssef Mehdi, directeur, Laboratoire de police, Direction generale Joseph D, Dwyer, Secretary Attorney-General's Department, the International Prisoners' Aid Association held ajoint de la surete nationale, Alger Tasmania-Hobart meeting during the course of the Congress on the sub­ search Institute (UNSDRI). The discussions centred Benaouda Merad, inspecteur general, Ministere de lajustice, Alger Keppel E. Enderby (head of the delegation), Attor~ey-Genera' of ject of the transfer of sentences to the home country. on two main themes: the different types of data and Abdelkader Semmache, sous-directeur, Ministere de "interieur, Di­ Australia, Canberra methods of evaluative research; and the impact of rection generale de la surete nationale, Alger John B. Holliday, Under-Secretary, Department of Police and Ser- 467. The International Society of Criminology, the evaluative research on practical policy and decision­ Mustapha Zerrouki (chef de la delegation), directeur de vices, New South Wales, Sydney International Association of Penal Law, the Interna­ making. l'administration penitentiaire, magistrat, Cour supreme, Ministere W. Vasey Houghton, Minister for Social Welfare, Victoria tional Penal and Penitentiary Foundation and the Inter­ de lajustice, El Biar, Alger Francis Rau Iramu, Resident Magistrate, Lae, Papua New Guinea national Society of Social Defence held ajoint meeting Cedric Lindsay Johnson, Under-Secretary, Department ofCommu .... A report on the conclusions and recommendations of ity and Welfare Services, Queensland, Brisbane to discuss the subject of the loss of liberty as seen in the the workshop will be issued as a pUblication of ARGENTINA William E. Knox, Minister for Justice and Attorney-General, fight against clime, particularly in regard to its new UNSDRI.6 Queensland, Brisbane forms and dimensions. Ruth Guevara Achaval. Secretario de Embajada, Mision Perma­ John M. Lavan, Judge and Chairman, Parole Board of Western nente ante los Organismos Internacionales, Ginebra Australia, Dalkeith 468. Amnesty International held two meetings to Ricardo E. Levene (Hijo) (jefe de la delegacion), Ministro de la Corte Colin Edwin Lehmann, Detective Superintendent of Police, South discuss the subjects of the legal and ethical aspects of 6 All inquiries should be addressrd to the Director, United Nations Suprema de Justicia, Buenos Aires Australia, Adelaide torture and the strengthening and implementation of the Social Defence Research Institute, Via Giulia 52, Rome 00186, Italy. Santos N. Martinez, Consejo de Emb~ada, Mision Permanente ante Peter Ronald Loof, Senior Assistant Secretary, Human Rights los Organismos Internacionales, Ginebra Branch, Attorney-General's Department, Canberra, A.C.T. Elena Julia Palacios (jefe adjunto de la delegacion), Embajador John C. Maddison, Attorney-General and Minister of Justice, New Argentino, Berna South Wales, Sydney Carlos A. Passalacqua, Secretario de Embajada, Mision Permanente Francis J. Mahony, Deputy Secretary, Attorney-General's Depart­ ante los Organismos Internacionales, Ginebra ment, Canberra Adolfo Saracho, Secretario de Embajada, Mision Permanente ante Bryan Matthews, Legal and Treaties Division, Department of los Organismos Internacionales, Ginebra Foreign Affairs, Canberra, A.C.T. Walter R. McGeechan, Commissioner of Corrective Services, New South Wales, Sydney AUSTRALIA Neil McNeill, Minister for Justice and Chief Secretary, Western Australia. Perth Frederick N. Albietz, Executive Officer, Department of Justice, Roma Mitchell, Judge and Chairman of Parole Board of South Aus­ Queensland, Brisbane tralia, Adelaide Phillip Allen, Judge and Chairman, Parole Board of New South John A. Morony, Member of Parole Board of New South Wales, Wales, Sydney Cremorne David Biles, Assistant Director (Research), Australian Institute of O. R. Schmalzbach, Government Consultant Psychiatrist to New Criminology, Woden South Wales Government, Sydney Bennie David Bodna, Deputy Director General of Social Welfare, John E. Starke, Judge and Chairman of Adult Parole Board of Vic­ Victoria toria, Victoria Ronald W. Braybrook, Deputy Commissioner of Police, Victoria Victor K. Taylor, Superintendent of Police, New South Wales, Syd­ Colin W. Campbell, Director, Department of Corrections, Western ney Australia, Perth Tony Vinson, Director, Bureau of Crime Statistics and Research, Roy McG. Christie, Under-Secretary for Law, Western Australia, New South Wales, Sydney Perth Sir Charles Wanstall, Senior Puisne Judge, Supreme Court of Julian Douglas Claessen, Criminologist, Attorney-General's De­ Queensland, Brisbane partment, South Australia, Adelaide Raymond W. Whitrod, Commissioner of Police, Queensland, William Clifford, Director, Australian Institute of Criminology, SI. Lucas Woden Roy A. Wilson, Commissioner of Police, Canberra, A.C,T, Geoff T. Cuddihy, Director, Probation and Parole, Victoria Rodney C. Wood, Magistrate, Tasmania, Hobart

AUSTRIA a The information conc~rning partrcipants is, as a rule, given in the working language in which it was communicated to the Secretariat. The names of participants are listed in alphabetical order. In some Wolfgang Doleisch (head of the delegation), Head of the Depar(ment cases, the names of participants appear several times in this list for Planning and Organization in the Field of Enforcement of Penal because they attended the Congress in several capacities; the profes­ Measures, Ministry of Justice, Vienna sional titles of such persons are only give!' in the first listing of their Roland Miklau, Civil Service Officer, Department of Penal Law, names. Ministry of Justice, Vienna .

64 65

, reb· Viktor Pickl. Director, Re\earch Department. Ministry of Justice. Maurice Gauthier, sous-ministre associe, Ministere de la justice. Hans Henrik Brydensholt (head of the delegation), Director General Hans Heilborn, Head of Main Division. Ministry of Justice. Berlin Vienna Quebec of the Prison and Probation Administration, Ministry of Justice, Rudolf Koblischke, Scientific Staff Member for Legal Affairs, Minis­ Willibald Sluga. Consultant psychiatrist. Ministry of Justice, Vienna John G. Hadwen, Director General. Bureau of Consular Affairs, Copenhagen try of the Interior, Berlin Hans Wagner. Department of Crime Prevention, Ministry of Interior, Department of External Affairs, Ottawa Lothar Kolb. Scientific Staff Member for Legal Affairs, Ministry of Vienna Donald Irwin. Canadian Participation Director, Ottawa DOMINICAN REPUBLIC the Interior, Berlin Gilles Marceau (chef de la delegation), depute, secretaire parlemen­ Horst Petermann, Adviser, Berlin BAHAMAS taire au Ministere de la justice, Ottawa Fabio Herrera-Roa (chef de la delegation). ambassadeur, Gert SchUsseler, Professor of State Law. Hochschule del' Deutschen Frank P. Miller, Canadian Co-ordinator, Ottawa representant permanent aupres de I'Office des Nations Unies it Volkspolizei, Berlin Darrel E. Rolle (head of the delegation). Minister of Home Affairs, W. R. Outerbridge, Chairman, National Parole Board, Ministry of the Geneve Bernhard Schwarz, Adviser. Berhn Na~~au Solicitor General, Ottawa Reinhard Theilig, Adviser, Berlin Salathaniel Thompson. Commissioner of Police. Nassau G. W. Pritchett, Assistant Commissioner, Director Criminal Inves­ ECUADOR tigation, Royal Canadian Mounted Police, Ottawa GERMANY (FEDERAL REPUBL.IC OF) BANGLADESH G. O. Robinson, President Elect, Canadian Association of Chiefs of Jose Serrano, Primer Secretario de Embajada, Mision Permanente Police, Halifax ante la Oficina de las Naciones Unidas en Ginebra Mohiuddin Ahmed, First Secretary. Permanent Mission to the Roger Tasse, C. R., solliciteur general adjoint du Canada, Ottawa Eduardo Tobar (jefe de la delegacion), Consejero de la Mision Per­ Elich Corves, Assistant Ministerial Director, Federal Ministry of United Nations Office at Geneva manente ante la Oficina de las Naciones Unidas en Ginebra Justice, Bonn CENTRAL AFRICAN REPUBLIC Gerhard Deimling, Professor. University of Wuppertal BELGIUM EGYPT Karl-Heinz Gemmer, Head of Division, Federal Office for Criminal Philippe Crozon-Cazin, directeur general de la police, Bangui Investigation, Wiesbaden Juliann de Ridder, directeur general de I'Administration Didace Ndayen, commandant en second de la gendarmerie, Bangui Abdullah Abd-EI-Rasoul, directeur executif de I'Union de la protec­ Karl-Heinz Gossel. Professor. University of Erlangen/Nlirnberg penitcntiaire. Bmxelles tion des prisonniers GUnther Kaiser, Professor, University of Freiburg Jean Dupreel, secretairegeneral du Ministere de lajustice. Bmxelles CHILE AdIi Baghdadi (chef de la delegation), premier sous-secretaire d' Etat, Gunther Klihne, Counsellor, Federal Ministry of Justice, Bonn Herman Vanderpoorten (chefde la delegation), ministre de lajustice, Ministere de la justice, Le Caire Karl-Heinz Kune11, Leading Ministerial Counsellor, DUsseldorf. Ministcre de la justice, Bmxelles Pedro Barros. Tercer Secretario de Embajada, Mision Permanente SeHm EI-Kafrawi, directeur general au Ministere des affaires Government of North Rhine-Westphalia ante las Organizaciones Internacionales, Ginebra sociales, Le Caire Gerhard von Loewenich, Assistant Ministerial Director, Federal BOLIVIA Mostafa EI-Sheikh, premier assistant du Ministre de l'interieur, Le Ministry of the Interior, Bonn COLOMBIA Caire JUrgen Mutz, Counsellor, Director of Prison Administration. Adel­ Vilma Banzer, Primer Secretario, Mision Permanente ante la Oficina Leila Emara, troisieme secretaire it la mission permanente aupres de sheim de las Naciones Unidas en Ginebra Carlos Osorio, Segundo Secretario de Embajada, Mision Permanente l'Office des Nations Unies it Geneve Paul GUnter Potz, Ministerial Counsellor. Federal Ministry of Jus­ Tomas Guillermo Elio, Embajador. Representante Permanente ante ante la Oficina de las Naciones Unidas en Ginebra Mahmoud Khalil, Director General, Prison Administration, Cairo tice, Bonn, President of the European Committee on Crime Prob­ la Oficina de las Naciones Unidas en Ginebra Rafael Enrique Martinez Diaz (Jefe de la delegacion), Secretario Mohamed Reda, conseiller it la Cour d'appel du Caire lems Manuel Lopez-Rey (head of the delegation), Visiting Fellow, Insti­ General Comision Nacional de Prevencion del Delito, Bogota El Sayed Ali Sheta, chef de la Section des recherches sur la Martin Rudolph (deputy-head of the delegation), Ministerial Direc­ tute of Criminology, Cambridge University. United Kingdom of criminalite it l'Institut des recherches sociologiques, Le Caire tor, Federal Ministry of Justice, Bonn Great Britain and Northern Ireland COSTA RICA Eckehard Schober. First Secretary, Permanent Mission to the United Nations Office at Geneva FINLAND BRAZIL Jorge A. Montero, Asesor, Ministerio de Justicia, San Jose Peter Strothmann, Minister Counsellor, Federal Ministry for Foreign Inkeri Anttila (head of the delegation), Minister of Justice. Helsinki Affairs, Bonn Armida Bergamini Miotto. assesseur pour ies affaires penitentiaires, CUBA Olavi Heinonen, Justice of the Supreme Court, Helsinki Richard Sturm, Assistant Ministerial Director, Federal Ministry of Ministcrc de la justice, Brasilia Matti Joutzen, Research Institute of Legal Policy, Helsinki Justice. Bonn Jose Arthur Rios (head orthe delegation). Head of the Department of Rene Burguet Flores, Vice-Fiscal General, Habana Kai Korte, Under-Secretary of State, Ministry of Justice, Helsinki Alfons Wahl, former Federal Attorney, Bonn Sociology, Catholic University. Rio de Janeiro Miguel Ascension Espinosa, Diplomatico, Ministerio de Relaciones Karl Johan Li'mg, Director-General of the Prison Administration, Hans de With (head of the delegation), Parliamentary State Secre­ Diwaldo Azevedo Sampaio, Director do Depa11amento dos Instituto~ Exteriores, Habana Helsinki tary, Federal Ministry of Justice, Bonn Pcnais do Estado de Sao Paulo, Sao Paulo Jose Garcia Alvarez (jefe de la delegacion), Presidente, Sala de 10 Per-Johan V. Lindholm, Director of Legislative Affairs, Ministry of Milton Silva, deuxieme secretaire d'ambassade. mission permanente Criminal del Tribunal Supremo, Habana Justice, Helsinki GHANA aupres de I'Office des Nations Unies a Geneve Jesus Loforte Palomo, Jefe, Seccion Instruccion Policial. Direccion Patrick A. Tornudd, Director, Research Institute of Legal Policy, de Policia, Habana Helsinki Ernest KWame Awuah, Superintendent of Police, Accra BULGARIA Cristobol Martinez Gomez. Medico Psiquiatra. Habana James Y. Boamah, Chief Superintendent of Prisons, Accra Raul O'Fanil Bermudez. Segundo Jefe, Direccion Nacional, Estab­ FRANCE Osafo Sampong (head of the delegation), State Attorney, Svetla Daskalova (chef de la delegation). ministre de la justice de la lecimientos Penales, Habana Attorney-General's Oftice, Accra Republique populaire de Bulgarie, Sofia Humberto Rivero Rosario, Tercer Secretario de Embajada, Mision Marc Ancel, president de Chambre honoraire it la Com de cassation. Gueorgui Krask"'. directeur adjoint de la Milice populaire. Sofia Permanente ante la Oficina de las Naciones Unidas en Ginebra Paris Ivan Nenov. ministre adjoint de lajustice de la Republique populaire Pedro Rodriguez Trujillo, Juez, Tribunal Supremo Popular, Habana Suzanne Balous, premier secretaire, mission pennanente aupres de GREECE de Bulgarie. Sofia Sergio Vigoa Urrutia, L1iplomatico, Ministerio de Relaciones Ex­ I'Office des Nations Unies it Geneve Maria Peneva, specialiste au Departement legislatif du Ministere de teriores, Habana Jacques Bigay, magistrat au Ministere de lajustice, Paris Alexander Afenduli, Deputy Permanent Representative to tile United la justice, Sofia Bernard Delafaye, magistrat au Ministere de la justice, Paris Nations Office at Geneva Bogomil Todorov. Counsellor, Ministry of Foreign Affairs. Sofia CZECHOSLOVAKIA Christian Le Gunehec, directeurdes affaires criminelles et des graces Nicolas Androulakis, professeur de droit penal a l'Universite Ivan Voivodov, chef de departement au Conseil d'Etat, Sofia au Ministere de la justice, Pari] d'Athenes Jozef Fulier, Chief of Section, General Prosecutor's Office, Prague Jacques Megret, directeur de I'administration penitentiaire au Minis­ Alexander Mallias, Technical Counsellor, Permanent Mission to the BYELORUSSIAN SOVIET SOCIALIST REPUBLIC Karel Matys, Vice-President, Supreme Court, Prague tere de la justice, Paris United Nations Office at Geneva Jil'i NezkusiJ, Director, Criminology Research Institute, General Simone Rozes, directeur de I'education surveillee au Ministere de ja Anestis Papastephanou (chef de la delegation), secretaire genera], Adam Mogilnitsky (head of the delegation). Procurator General. Prosecutor's Office, Prague justice, Paris Ministere de la justice, Athenes Minsk Jan Pjescak (head of the delegation), Deputy Minister of the Interior Jean-Charles Sacotte, magistrat au Ministere de la justice, Paris Alice Yotopoulos-Marangopoulos, avocat it la Cour de cassation, Ivan Timoshenko. Deputy Minister of the Interior. Minsk of the Czechoslovak Socialist Republic, Prague Andre Touren (chef de la'delegation), premier avocat general a la vice-batonnier de l'orJre des ayocats d'Athenes Zdenek Rajchart. Deputy Minister of the Interior of the Czecho­ Cour de cassation, conseiller du gouvemement pour les affaires CANADA slovak,Socialist Republic, Prague judiciaires. Paris GUATEMALA Dagmar Rehakova. interpreter, Ministry of Foreign Affairs, Prague Warren AlJmnnd (head of the delegation). Solicitor General of Jaroslav Stahl. Counsellor of Embassy, Permanent Mission to the GERMAN DEMOCRATIC REPUBLIC Canada, Ottawa United Nations Office at Geneva Fernando Gonzalez-Davison, Secretario de Embajada, Mision Per­ Dorothy Betz. Court Worker, Native Clan Organization, Winnipeg Erich Buchholz, Professor of Penal Law, Humboldt-Universitat, manente ante la Oficina de las Naciones Unidas en Ginebra J. R. Boyce. Minister of Corrective and Rehabilitative Services. DENMARK Berlin Flavio Guillen-Castanon (Jefe de la delegacion), Magistrado de la . Department of Health and Socia! Development, Winnipeg JUrgen Fleischer. Scientific Staff Member for Legal Affairs, Ministry Corte Suprema de Justicia, Guatemala Ian Dubiens1,j, President, Canadian Criminology and Corrections K. V. Arildsen, Head of Department, Ministry of Justice. of the Interior, Berlin Hernan Hurtado Aguilar, Magistrado de la Corte Suprema de Ju~­ Associatiool. "Vinnipeg Copenhagen GUnter Giel (head of the delegation), Deputy Minister of the Interior. ticia, Guatemala John W. Ekstedt, Executive Director, Justice Devd lpment Com­ Tage Baekgaard, Head of Department, Ministry of Justice, Berlin Maria K. NuiJa-Noriega, Delegada, Mision Permanente ame la mission. Departn'ent of the AttorneY-General, Victoria Copenhagen Harri Harrland, Deputy Procurator-General, Berlin O1icina de las Naciones Unidas en Ginebra

66 67 GUYANA IRAN Kazumi Ito, Assistant Director of First Investigation Division. Crim­ Yassin Ali Elkabir, Assistant Director. Chairman of the Department inal Investigation Bureau, National P-olice Agency, Tokyo of Sociology, University of Benghazi George H. R. Jackman, Assistant Director of Public Prosecutions, Yahya RaYs Samii, directeur general des affairesjuridiques au Minis­ Yoshihiko Kawamoto. Foreign Liaison Officer. Ministry of Justice. Abdulwahab Siala. Director General. National Legislature and Crim­ Georgetown tere de lajustice, Teheran Tokyo inal Research Centre, Ministry of Justice, Tripoli Vibert Mingo (head of the delegation), Minister of Home Affairs, Abolfath Vaziri (chef de la delegation), conseiller it la Courde cassa­ Atsushi Nagashima. Director General, Bureau of Correction, Minis­ Gheith Ibrahim Zlitni (head of the delegation), General Director of Georgetown tion, Teheran try of Justice, Tokyo Public Security, Tripoli Joachim Wilburg, Deputy Chief Probation and Welfare Officer, Masayuki Nishioka, Counsellor, Rehabilitation Bureau, Ministry of Georgetown IRAQ Just;ce, Tokyo MALAWI Kiyoshi Saikawa, Judge of tht! Tokyo District Court HAITI Ali Ahmed AI-Naqeeb (head of the delegation), Director General of Yoshinori Shibata, Division Chief, Public Security Bureau, National Richard Allen Banda (head of the delegation), Attorney-General and the Ministry Jf Interior, Baghdad Police Agency, Tokyo Minister of Justice. Lilongwe Khaled Abdul-Aziz Areim, Professor, University of Baghdad Max Antoine (chef de la d~legation), secretaire d'Etat aux affaires Minoru Shikita, Deputy Director, Asia and Far East Institute for the James B. Kalaile, Parliamentary Draftsman, Ministry of Justice. sociales, Port-au-Prince Ghazzi Abdul Hady, Legal drafter, Ministry of Justice, Baghdad Prevention of Crime and the Treatment of Offenders, Fuchu, Lilongwe Adnan Ra'aof Hassan, Director of Legal Branch, Police Headquar- Tokyo William M. Longwe. Senior Assistant Commissioner of Police. Roger Riviere, directeur-administrateur du Centre de reeducation, ters Directorate General of Police, Baghdad Departement des afl'aires sociales, Port-au-Prince Yoshio Suzuki, Deputy Vice-Minister for Criminal Law, Ministry of Zomba Justice, Tokyo IRELAND Juhei Takeuchi (heaf of the delegation), Member of the Legislative MALAYSIA HOLY SEE Council, Ministry of Justice, Tokyo Sean Gaynor, Ambassador, Permanent Mission to the United Na­ Tatsuo Yamamoto, Chief, Public Information and Foreign Liaison Ahmad Fairuz (head of the delegation), Senior Federal Counsel, Charles Guggenheim,juge au Tribunal cantonal de Fribourg, Suisse tions Office at Geneva Office, Ministry of Justice, Tokyo Ministry of Home Affairs, Kuala Lumpur Silvio Luoni (head of the delegation), Permanent Observer to the John Old\!n (head of the delegation), Assistant Secretary, Depart­ Abdul Rahman H. Ismail, Deputy-Director of the Department of United Nations Office at Geneva ment of Justice, Dublin JORDAN Criminal Investigation. Royal Malaysia Police, Kuala Lumpur Rene Stauffer, aumonier de prison, Hermance, Suisse John Sheehan, Assistant Commissioner, Garda Siochana Sulaiman H. Sani, Deputy-Director General (Inspectorate). Prisons Herman van den Bulcke, president de la Commission internationale Zousef Gharaibeh, Chief of the Department of Criminal Investiga­ Headquarters, Taiping • des aumoniers generaux des prisons, Bruges, Belgique ITALY tion, Amman Anwar Mohammed Ismail (head of the delegation), Director General MAURITANIA HONDURAS Adolfo Beria di Argentine, Judge of the Supreme Court of Cassation, of Public Security Forces, Amman Milan Saleh Kabariti, Counsellor, Permanent Mission to the United Na­ Sail Djibril, commissaire de police, Nouakchott Jose Fernandez, Corte Suprema de Justicia, Tegucigalpa Massimo Bonomo, Judge attached to the Ministry of Justice, Rome tions Office at Geneva Alberto Galeano M, Uefe de la delegacion), Presidente, Corte Su­ Renato Dell' Andro (chef de la delegation), sous-secretaire d'Etat, MAURITIUS prema de Justicia, Tegucigalpa Ministere de la justice, Rome KENYA Antonio Fariello, Chief, INTERPOL Division, Ministry of the In- Doorgesh Ramsewak, avocat, Port Louis terior, Rome HUNGARY Judy Chemirmir, Senior Superintendent of Prisons, in charge of Ferdinando Li Donni, Deputy Chief of the National Police, Rome women's prisons. Nairobi MEXICO Pietro Nuvolone, Professor of Criminal Law, University of Milan Francis Okowba, Assistant Commissioner of Police. Nairobi Attila Frankovszky, Adviser to the Minister of Justice, Budapest Alessandro Padrono, First Senior Officer of the Unit on Legislative Andrew K. Saikwa (head of the delegation), Commissioner of Pris­ Jozsef Godony, Director of the Institute of Criminology, Budapest Gustavo Barreto Rangel, Asesor en Criminologia del Estado de Problems of the Ministry of Interior, Rome ons, Nairobi Sandor Halasz, Chairman of Criminal Collegium at the Supreme Jalisco. Guadalajara Bruno Pannain, Professor of Legal Medicine, Naples G. M. Thuo, Senior Assistant Commissioner of Prisons, Nairobi Manuel Casaopriego, Directordel Centro Penitenciario del Estado de Court, Budapest Giandomenico D. Pisapia, Professor of Criminal Procedure, Chair­ Geza Katona, Chief of the Department of Investigation, Budapest Tabfl~C:o, Mexico man of the Committee on the Reform of the Code of Criminal KUWAIT Imre Markoja (head of the delegation), Secretary of State, Ministry of Procedure, Milan Luis Fernandez Doblado, Jefe de la Unidad Tecnica de Amparo de la Justice, Budapest Procuraduria General de la Republica, San Jeronimo, Mexico Raffaele Santoro, Senior Officer, Head of the Division of Legislative Issa Shuaib AI-Ali, Director of Emergency Police and Communica­ Affairs, Ministry of Interior, Rome Sergio Garda Ramirez Uefe de la delegacion), Subsecretario de tions, Kuwait Gobernacion, Mexico INDIA Salvatore Zhara-Buda. Deputy Chief of Cabinet of the Ministry of Adnan AI-Dawry, Professor of Criminology, University of Kuwait, Justice, Rome Javier Lozano y Romen, Asesor Juddico del Instituto Nacional de In Kuwait Juventud Mexicana, Mexico S. 1. Balakrishnan (head of the delegation), Joint Secretary to Muhammad Ahmad AI-Hamad, Director, Department of Public Gustavo Malo-Camacho, Presidente de la Comision Administradora Government of India, Ministry of Home Affairs, New Delhi IVORY COAST Security, Kuwait de Reclusorios en el D.F., Mexico K. R. Ramachandran, Joint Secl'etary, Department of Social Wel­ Fahad AI-Thakeb, Assistant Professor, Department of Sociology, Francisco Nunez-Chavez, Director General de Servicios Coor­ fare, New Delhi Alphonse Boni, premier president de la Cour d'appel, Abidjan University of Kuwait dinados de Prevencion y Readaptacion Social, Mexico Venugopal Rao, Director, Bureau of Poli--:e Research and Develop­ Jean Brizoua-Bi, directeur de cabinet du President de la Cour Su­ Abdul-Latif Faisal AI-Tuwainy (head of the delegation), Under­ Alfonso Quiroz Cuaron, Presidente de la Sociedad Mexicana de ment, New Delhi preme, Abidjan Secretary, Ministry of Interior, Kuwait Criminologia, Mexico G. S. Sharma, Dean, Faculty of Law, Rajasthan University Bogui Marcel Ette, professeur it la Faculte de medecine, directeur de Rafael Ruiz Harrell, Jefe de Estudios Sociales de la Procuraduria Hira Singh, Director, National Institute of Social Defence, Depart­ l'Institut de criminologie, Abidjan LEBANON General de la Republica, Mexico ment of Social Welfare, New Delhi Patrice Nouama (chef d,: la delegation), procureur general, Abidjan Marcos Manuel Suarez, Asesor Juridico de la Procuraduria General Hari Sukhdev, Counsellor, Permanent Mission to the United Nations Mustafa EI Augi, conseiller it la Cour de cassation, Beyrouth de la Republica, Mexico Office at Geneva JAMAICA Gabriel Meouchy (chef de la delegation), president de la Cour Jose Luis Vega Rodriguez. Director del Centro Penitenciario de San criminelle de Beyrouth Luis Potosi, Mexico INDONESIA Dudley Allen, Acting Commissioner of Co'rrections. Kingston Neville Barrington Ernandez, Dep'lty Commissioner of Police, LESOTHO MONGOLIA Oemar Seno Adji (lwad of the delegation), President of the Supreme Kingston Court, Jakarta Ira de Cordoba Rowe, Judge Supreme Court, Kingston Stephen Mokone Chobokoane, Director of Prisons, Maseru Sodnombaljiryn Budragtchaa (head of the delegation), First Deputy Budiart, Senior Official, Department of Justice, Jakarta Warren Woodham (head of the delegation), Permanent Secretary, E. S. Monaheng, Colonel, Lesotho Police, Maseru Minister, Ministry for Public Security and Director of the Depart­ A. M. Lubis, Senior Official, Police Headquarters, Jakarta Ministry of National Security and JU.Mice, Kingston Motsoahae Thomas Thabane (head of the delegation), Permanent ment of Police, Ulan Bator Wiyoksana Soegarda, Attache, Permanent Mission to the United Secretary for Justice, Maseru Choidogiin Gal, member-translator, Ministry of Foreign Affairs, Nations Office at Geneva JAPAN Ulan Bator A. Soenah, Director of Child and Family Welfare, Department of LIBERIA Social Affairs, Jakarta Koichi Haraguchi, First Secretary, Permanent Mission to the United Rudolph Sherman, Assistant Minister of JustiCe, Ministry of Justice, MOROCCO Soetarman, Senior Official, DepaJiment of Justice, Jakarta Nations Office at Geneva Monrovia Sunah-Achsam, Senior Official, Department of Social Affairs, Susumu Horie, Third Secretary of Embassy, Permanent Mission tel Jakarta Mustapha Alaoui (chef de la delegation), directeur general de. the United Nations Office at Geneva LIBYAN ARAB REPUBLIC l'Administration penitentiaire, Rabat Dading SupaI', Senior Official, Office of Attorney General, Jakarta Kanehiro Hoshino, Chief Research Officer, National Research Insti­ Slimane Alaoui, procureur du Roi, Tribunal de premiere instance, Sutaryo, Colonel of Police, Police Headquarters, Jakarta tute of Police Science, Tokyo . Ali EI-Hawat, Lect~rer in Sociology, University ~f Tripoli Rabat Tsmael M. Thajeb, Ambassador and Permanent Representative to the Yuji Ikeda, First Secretary of Embassy, Permanent Mission to the Abdelmalek Hamiani, commissaire divisionnaire, direction genel'ale United Nations Office at Geneva Masoud Elhofari, Counsellor, Permanent Mission to the United Na­ United Nations Office at Geneva tions, New York de la surete nationale, Rabat 68 ... 69

I ------.~ Mohamed Khalil, chef BCN/INTERPOL, Direction generale de la NORWAY REPUBUC OF KOREA Jose Maria Rodriguez Devesa, Catcdratico de Dcrecho Penal, Uni­ siirete nationale, Rabat versidad de Madtid Abdelkhalek Senhadji, chef du Service des etudes de I'execution des Nils Christie, Professor, Institute of Criminology, University of Oslo Haechang Chung. Section Chief. Prosecution Section. Ministry of Manuel Santaella Lopez Uefe de la delegacion), Letrado Ministerio peines et de I'action sociale, Administration penitentiaire, Minis­ Rolv Ryssdal (head of the delegation), Chief Justice, Supreme Court, Justice. Seoul de Justicia, Madrid tere de la justice, Rabat Oslo Bohyung Lee, Counsellor, Permanent Observer to the United Na­ Alfonso Serrano Gomez, Profesor de Derecho Penal y Criminologia e Guttorm Vik, Secretary of Embassy. Permanent Mission to the Un­ tions Office at Geneva Inspector del Cuerpo General de Policia, Madrid NEPAL ited Nations Office at Geneva Chong Won Lee (head of the delegation), Director, Correctional Administration Bureau, Ministry of Justice, Seoul SRI LANKA Ramanand P. Singh, Attorney-General of Nepal, Office of the PAKISTAN Hichung Moon, Attache, Permanent Observer to the United Nations AttorneY-General, Kathmandu Office at Geneva Nihal Jayawickrama. Secretary for Justice, Ministry of Justice, Ijaz Bukhari, Second Secretary, Permanent Mission to the United Chan Woo Nam, Second Secretary, Permanent Observer to the Colombo NETHERLANDS Nations Office at Geneva United Nations Office at Geneva Afzal Mahmood (head of the delegation), Minister Plenipotentiary, SUDAN Pier Allewijn, Director. Traffic Security, Secretary-General of the Acting Charge d'Affaires, Permanent Mission to the United Na­ ROMANIA International Penal and Penitentiary Foundation, The Hague tions Office at Geneva Hassan Daoud, Director General, National Health Laboratory, WilIem Breukelaar, conseiller au Ministere de lajustice, La Haye Sever Georgescu (chef de la delegation), premier adjoint du Pro­ Ministry of Health, Khartoum Wouter Buikhuisen, General Research Consultant. Ministry of Jus­ PANAMA cUl'eur general, Bucarest Saeed Mohamed Ahmed EI Mahdi, Dean, Faculty of Law. University tice, The Hague Octavian Pop, officier superieur de police, Ministere de I'interieur, of Khartoum A. Jacques Fonteijn, Director-General, Head, Police Department, Delia Chevalier Villamonte, Tercer Secretario, Mision Permanente Bucarest EI Mansour Omar E1mansour, Director, Executive Office, Depart­ Ministry of Justice, The Hague ante la Oficina de las Naciones Unidas en Ginebra Mircea Manea, Counsellor, Permanent Mission to the United Na­ ment of Social Welfare. Khartoum Rolph A. Gonsalves, District Public Prosecutor Jose M. Espino-Gonzalez Ucfe de la delegacion), Embajador, Re­ tions Office at Geneva Khalid Ahmed Eseid, Deputy Commissioner of Prisons. Ptison Alfred Heijder, Professor of Penal Law, University of Amsterdam presentante Permanente ante la Oficina de las Naciones Unidas en Gheorghe Tinca, C~'unsellor, Permanent Mission to the United Na­ Headquarters, Khartoum Lodewyk Hulsman, Professor of Criminal Law and Criminology, Ginebra tions Office at Geneva Mohammed M. Abu Gisseisal Prosecutor General. Erasmus University, Rotterdam Aquilo P. Villamonte, Representante AHerno, Mision Permanente Attorney-General's Chamber, Khartoum Albert Mulder, secretaire general, Ministere de lajustice, La Haye ante la Oficina de las Naciones Unidas en Ginebra RWANDA Mohi Eddin Hamid, Assistant Commissioner of Police, Ministry of Willem Hendrik Nagel, Professor, Criminology and Penology, Uni­ Interior, Khartoum versity of Lelden PERU Fran90is Nshimyabarezi (chef de la delegation), fonctionnaire 11 Galnl Ali Lutfi (head of the delegation). Chairman of the Committee Antonius H. J. M. Speekenbrink, First Secretary of the Embassy, l'Etat major de gendarmerie, Kigali for Legislative and Legal Affairs of the People's Assembly. Khar­ Permanent Mission to the United Nations, New York Rodolfo Ballesteros Cueva, Consultant, Peruvian Police ofInvestiga­ Laurent Rutayisire, attache au Bureau central de criminologie, Kigali toum Daffala Radi Siddig, Judge of the High Court, Khartoum Hans Tulkens, Head of the Prison Administration, The Hague tion, Ministry of Interior, Lima Emile Tydeman, Deputy Permanent Representative to the United Louis Javier Bustamante Rodtiguez, Chief of the Treatment Divi­ SAUDI ARABIA SWAZILAND Nations Office at Geneva sion, General Director of Penal Centers, Ministry ofInterior, Lima Andreas A. M. van Agt (head of the delegation), Minister of Justice, Jesus M. Liza Fontinier, General Secretary of the Republican Guard, Yahya AI-Mouallimi, Director General of Prisons, Riyad Jeremiah Jabulane Dlamini, Prison Officer, Mbabane The Hague Ministry of External Affairs, Lima Abdullah Abdul Rahman AI-Nairn, Director General of Inspection, Darrell Hockett, Adviser in Development Management, U.B.L.S. Pedro Moron Puente (head of the delegation), General Secretary of Ministry of Justice, Riyad Mbabane Observers the Civil Guard, Ministry of the Interior, Lima Farouk A. Mourad (head of the delegation), Director General, Douglas Lukele, Deputy Attorney-General, Mbabane Jan M. M. Binda, Director General of Prisons, Surinam Bureau of Crime Prevention, Ministry of Interior, Riyad Robert M. Mabila (head of the delegation), Under-Secretary, Minis­ Henry Albert De Ryp, District Attorney, Paramatibo, Sutinam PHILIPPINES try of Justice, Mbabane Carlo R. Jadnanansing, Lawyer and Assistant Professor of Crimi- SENEGAL Steven M. Sihlongonyane, Senior Supetintendent of Prisons. nology, Univcrsity of Surinam Cicero C. Campos, Deputy Chief of Constabulary for Police Matters, Mbabane Quezon City Abdoulaye M. Diop (chef de la delegation), premier president de la NEW ZEALAND Calixto V. Espejo, Attache of Embassy, Permanent Mission to the Cour d 'appel, Dakar SWEDEN United Nations Office at Geneva EI-Hadji Diouf, procureur general pres la Cour d'appel, Dakar Graeme Augustine Dallow, Chief Superintendent of Police, National Arcadio S. Lozada, Chief of Police, Bacolod City Sadibou Ndiaye, directeur de la police judiciaire, Dakar Sven Andersson, Under-Secretary of State at the Ministry of Justice. Police Headquarters, Wellington Paciencio Magtibay, Chief, Secretariat, Peace and Order Coordinat­ Ibrahima Wone, directeurgeneral de la siirete nationale, Ministere de Stockholm Gordon Stewart Orr (head of the delegation), Secretary for Justice, ing Council, Manila I'interieur, Dakar Sven Fischier, Deputy Director General, National Correctional Ad­ Department of Justice, Wellington Teodulo C. Natividad (head of the delegation), Commissioner, Na­ ministration, Stockholm tional Police Commission, Quezon City SINGAPORE Lennart Geijer (head of the delegation). Minister of Justice, Stock- NICARAGUA Vicente Raval, Director ofPtisons, Bureau of Prisons , Muntinglupa, holm Nils R. Lar.sson, Director, Ministry of Foreign Affairs, Stockholm Rizal Reginald C. da Silva, Assistant Commissioner of Police. Police Johan Leche, Head of Division. Ministry of Justice, Stockholm Juan Jose Morales Marenco Uefe de la delegacion), Doctor en Dere­ Headquarters, Singapore cho, Ministerio de Gobernacion, Managua POLAND Abdul Wahab Ghows (head of the delegation), Solicitor General, Bo Martinsson, Director General of the National Correctional Ad­ ministration, Stockholm Maximiliano Perez Ramirez, Militar y Administrador de Er.';presas, Singapore Managua Wlodzimierz Berutowicz (head of the delegation), Minister of Jus­ Edwin Thompson, Deputy Director ofPtisons, Prison Headquarters. Carl Persson, Director General of the National Police Board, Stock­ holm tice, Warsaw Singapore NIGERIA Brunon Holyst, Director, Institute of Ctiminological Research, Ove Rainer, Chairman of the Council for the Prevention of Crime, Stockholm Ministry of Justice, Warsaw SOMALIA Mohammed Abubakar (head of the delegation), Deputy Permanent Marian Janicki, Commander-in-Chief of the Police, Ministry of Jus­ Holger Romander, Chief Public Prosecutor, Stockholm Secretary, Ministry of Internal Affairs, Lagos tice, Warsaw Jan Stahl, First Secretary of the Permanent Mission to the United Osman Ahmed Husein (head of the delegation), Chief of the Depart­ Usman Alabi Adeyemi, Assistant Commissioner of Police, Lagos Przemysjaw Mackowiak, Head of the Division of Foreign Co­ Nations, New York Tolani Asuni, Medical Supetintendent, Neuropsychiatric Hospital, operation, Ministry of Justice, Warsaw ment of Criminal InVestigation, Mogadiscio Knut Sveri. Professor, Institute of Criminal Science, University of Lagos Wojciech Michalski, Director of the Institute of Judicial Research, Ahmed Mohamed Mao, Criminal Investigation Officer, Investiga­ Stockholm Ezekiel Olu Babatunde, Deputy Director of Prisons, Prisons Head­ Warsaw tion, Police Headquarters, Mogadiscio quarters, Lagos SWITZERLAND Paul Nnodim Ibeku, Principal Assistant Secretary, Federal Ministry QATAR SPAIN of Internal Affairs, Lagos Pierre-Henri Bolle,juriste, Division federale de lajustice. Berne Kayode Ibidapo-Obe, Chief Registrar, Supreme Court of Nigeria. Ga'afarM. Abdel-Rahim, Police Official, Police Headquarters, Doha Jesus Alarcon Bravo, Funcionario del Ministerio de Justicia, La Fran90is Clerc (chef de la delegation), professeur 11 I'Universite de Lagos Abdulrahman Alattiya, Ambassador, Permanent Representative to Coruna Fribourg David R. L. Jack, Director of Social Development. Federal Ministry the United Nations Office at Geneva Luis Castillon Mora, Director de la Central de Observaciones de la Victor Martin, conseiller, mission permanente aupres des organisa­ of Social Development, Lagos Ghanem Sultan Alkuwari, Police Official, Police Headquarters, Doha Direccion General de Instituciones Penitenciarias, Madrid tions internationales. Geneve Femi Odekunle, Lecturer, Department of Sociology, University Fuad AI-Mudahki, Police Official, Police Headquarters, Doha Cesar Gonzalez Palacios, premier secretaire d'ambassade, mission Ahmadu Bello, Zatia Salah AI-Tajani, Police Official, Police Headquarters, Doha permanente aupres de 1'0ffice des Nations Unies 11 Geneve SYRIAN ARAB REPUBLIC Michael Agboola Olajumoke, Chief Superintendent of Police, Ikoyi Sheikh Hamad Bin Jassim Althani (head of the delegation), Chief of Jose Jl,llian Hernandez Guijarro, Fiscal (Procurador), Fiscalfa de la Olusiji Soetan, Deputy Legal Draftsman, Federal Ministry ofJustice, Police, Doha Audiencia Tertitorial, Madrid Mohammed Elfadel, Professor, Faculty' of Law. University of Lagos Salim HUssian, Police Official, Police Headquarters, Doha Joaquin Marlin Canivell, Magistrado, Palacio de Justicia, Jaen Damascus

70 71

------~~-~--~~--,-,' Maurice Thieba (chefde la delegation), directeurgeneral adjomt de la Hassan Harfouche, directeur des prisons, Damas Uri Severin, Deputy Minister of Justice of the Russian Soviet Federal UNITES STATES OF AMERICA Sllrete nationale, Ouagadougou Najem Eddine Koussa, Director of the Department of Criminal In­ Socialist RepUblic, Moscow vestigation, Damascus Valeri Shupilov, Research Worker, Moscow Allen H. Andrews, Jr., Superintendent of Police, Peoria, Illinois VENEZUELA Moustafa Sharba (head of the delegation), Deputy Minister of In­ Nikolai Sitnov, Research Worker, Moscow Sylvia A. Bacon, Judge of the SupeIior Court of the District of Columbia, Washington, D.C. terior, Damascus Evgeni Smolentsev, Chief. Judicial Board, Supreme Court of the Juan Martin Echeverria, Director del Cuerpo Tecnico de Policia Mawia Sheikh Fadli, ministre conseiller, mission permanente aupres Union of Soviet Socialist Republics, Moscow George J. Beto, Institute of Contemporary Corrections and the Be­ Judicial, Ministerio de Justicia, Caracas it havioural Sciences, Sam Houston State University. Huntsville, de l'Office des Nations Unies Geneve Aleksandr Titov, Senior Researcher, Research Institute of the Procu­ Julio Cesar Pineda, Primer Secretnrio de Embnjada, M1si6n Per­ racy, Moscow Texas manente ante la Oficina de las Naciones Unidas en Ginebra THAILAND Anatoli Tkachev, Chief, Division of Foreign Relations, Ministry of Arthur F. Brandstatter, Sr., Director, School of Criminal Justice, German Requena Herrera, Director de Prisiones, Caracas the Intedor, Moscow Michigan State University, East Lansing, Michigan Victor Rodriguez-Cedeno, Segundo SecretaIio de Embajada, Misi6n Chuan Sriprasitdh, Assistant Inspector General of the Royal Thai Boris A. Viktorov (head of the delegation), Deputy Minister of the Nicholas P. Callahan, Associate Director, Federal Bureau of Inves­ Permanente de la Oficina de las Naciones Unidas en Ginebra Police Department, Bangkok Interior, Moscow tigation, Department of Justice, Washington, D.C. Deily Salazar-Hoffmann Uefe de la delegaci6n), Directora de Pong Thanusiri (head of the delegation), Director, Penology Division, Norman A. Carlson, Director, Bureau of Prisons, Department of Prevenci6n del Delito, Ministerio de Justicia. Caracas Department of Corrections, Ministry of Interior, Bangkok Justice, Washington, D.C. UNITED ARAB EMIRATES .lames B. Clawson, Deputy Assistant Secretary (Enforcement and TRINIDAD AND TOBAGO Operations) Department of the Treasury, Washington, D.C. YEMEN ARAB REPUBLIC Salem Agrobi, Assistant Adviser, Ministry of Justice, Abu-Dhabi Franklin J. Crawford, United Nations Political Affairs, Bureau of Desmond Cartey (head of the delegation), Adviser, Ministry of Na­ Ali Ismail Alswaid, Police Officer, Ministry of the Interior, Abu­ International Organization Affairs, Department of State, Washing­ Dhabi ton, D.C. Abbas AI-Qirshy, Deputy Permanent Representative to the United tional Security, Port-of-Spain Nations Office at Geneva Thomas Isles, Commissioner of Prisons, Port-of-Spain Abdulrahman Ameen, Director, Ministry of Social Affairs, Abu­ Francis L. Dale, Permanent Representative to the United Nations Dhabi Office and other international organizations at Geneva YUGOSLAVIA TUNISIA Abdulrida Mahmood, First Secretary, Ministry of Foreign Affairs, Jiro J. Enomoto, Director, Department of Corrections, State of Abu-Dhabi California, Sacramento, California Siaheddine Fourati, commissaire de police, Tunis Saeed Naser Saif (head of the delegation), Under-Secretary of the Edward R. Finch, Jr., Attorney, Finch and Schaefler, New York Ljubo Bavcon, Professor. Faculty of Law, University of Ljubljana Ridha Lamti, administrateur, Ministere de l'interitmr, Tunis Ministry of Youth and Sports, Abu-Dhabi Edith E. Flynn, Associate Professor of Criminal Justice, Northeast­ Georgi Caca, Republic Secretary of Justice. Socialist Republic of Ridha Mezghani (chef de la delegation) magistrat, detache aupres du ern University, Boston, Massachusetts Macedonia,Skopje Cabinet du Ministere de la justice, lc1nis UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Gloria L. Gaston, Office of the Co-ordinator for Multilateral De­ Bol'O Cejovic, Professor, Faculty of Law, University of Kragujevac velopment Programmes, Bureau of International Organization Af­ Dragoljub Cosic, Under-Secretary for Internal Affairs, Socialist TURKEY William Gordon Chalmers, Crown Agent for Scotland, Home Office, fairs, Department of State, Washington, D.C. Republic of Serbia, Belgrade London Howell T. Heflin, Chief Justice, Supreme Court, Montgomery, Dusan Cotic, Deputy Federal Secretary for Justice and Federal Ad­ Selahattin Keyman, Assistant Professor of Criminology, Faculty of John Anthony Chilcot, Head, CIiminal Policy Division, Home Of­ Alabama ministration, Belgrade Law, University of Ankara fice, London William L. Hungate, Member of the House of Representatives, Djuro Dabelic, Republic Secretary for Justice, Socialist Republic of Nuri YildiIim (head of the delegation), First Secretary, Permanent David Jarvis Cowperthwaite, Under-Secretary (Criminal Justice), Washington, D.C. Croatia, Zagreb Mission to the United Nations Office at Geneva Scottish Home and Health Department, Edinburgh Clarence Kelley, Director, Federal Bureau of Investigation, Depali­ Vuko Gozze-Gucetic, Federal Public Prosecutor, Belgrade Ivor John Croft, Head of Research Unit, Home Office, London ment of Justice, Washington, D.C. Pero Korobar (head of the delegation), President of the Supreme UGANDA John Vi.ctor Dance, Pdncipal. Home Office, London Robert J. Kutak, Attorney, Omaha, Nebraska Court, Belgrade David Gray, Her Majesty's ChiefInspector of Constabulary for Scot­ Peter P. Lejins, Director, Institute of Criminal Justice and Crimi­ Ljubo Kovacevic, Republic Public Prosecutor, Socialist Republic of Onguacen Valentine Amucu. Senior Superintendent of Police, Crim­ land, Home Office, London nology, University of Maryland, College Park, Maryland Bosnia and Herzegovina inal Investigation Department, Kampala Michael Anthony Hilton, Third Secretary, Foreign and Common­ Ferds E. Lucas, Executive Director, National Sheriffs' Association, Branko Petrie, President of the Supreme Court of Vojvodina E. George Edanyu, Statistician, Prison Officer, Kampala wealth Office, London Washington, D.C. Vidak Popovic, Consultant to the Federal Secretary for Justice and Lawrence M. Ibanda, Senior Superintendent of Prisons, Prisons Michael Henry Hogan, Chief Inspector, Probation and After-care, William Lucas, Sheriff, Wayne County, Detroit, Michigan Federal Administration, Belgrade Headquarters, Kampala Home Office, London Robert McClory, Member of the House of Representatives, Alenka Selih, Professor, Faculty of Law. University of Ljubljana Wycliffe R. Kanyike (head of the delegation), Assistant Commis- Beti Jones, Chief Social Work Adviser, Scottish Office, Edinburgh Washington, D.C. Miodrag Trifunovic, Republic Secretary for Justice, Socialist Repub­ sioner of Prisons, Kampala Michael John Moriarty, Head, CIiminal Policy Department, Home Robert B. McKay, Attorney, Institute for Humanistic Studies. lic of Serbia, Belgrade Andrew Lutakome Kayiira, Prisons Research Officer, Kampala Office, London Aspen, Colorado Bodgan Zlataric, Professor, Faculty of Law, University of Zagreb Robert M. Murasa, Principal Probation/Welfare Officer, Kampala Arthur Peterson (head of the delegation), Permanent Under­ Maurice H. Sigler, Chairman, Board of Parole, Department of Jus­ Boniface Aroan Okoth-Ogola, Senior Superintendent of Police, .(\ct- Secretary of State, Home Office, London tice, Washington, D.C. ZAIRE ing Director of Administration, Police Headqualiers, Kampala Albert R. G. Prosser, Adviser in Social Development to the Ministry Anthony P. Travisono, Executive Director, Amedcan Correctional • of Overseas Development, Home Office, London Association, College Park, Maryland Kusonika Gudalabuna, conseiller au Departement de la justice, UKRAINIAN SOVIET SOCIALIST REPUBLIC William Good Robinson, Senior Assistant Secretary, Prisons De­ Harold R. Tyler, Jr. (head of the delegation), Deputy Attorney Gen­ Kinshasa partment, Northern Ireland Office, Home Office, London eral, Department of Justice, Washington, D.C. Cinyati Mutati Kasasa, ambassadeur, representant permanent au­ Ivan F. GIishchenko, Permanent Representative to the United Na­ Dennis John Trevelyan, Assistant Under-Secretary of State, North­ Richard W. Velde, Administrator, Law Enforcement Assistance pres de 1'0ffice des Nations Unies it Geneve tions Office and other international organizations at Geneva ern Ireland Office, Home Office, London Administration, Department of Justice, Washington, D.C. Lukabu-K'Habouji, conseiller, mission permanente aupres de Valentin T. Kolomiets (head of the delegation), Deputy Minister for George Twist, Her Majesty's Inspector of Constabulary (South-East Ann Vihel, Office of International Conferences, Bureau of Interna­ 1'0ffice des Nations Unies it Geneve Internal Affairs. Ministry of the Interior, Kiev Region), Home Office, London tional Organization Affairs, Washington, D.C. Pandi Nkiama (chef de la delegation), procureur general pres la Cour Via~heslav A. Luzin, Third Secretary, Ministry of Foreign Affairs, Terence Weiler, Assistant Under-Secretary of State, Department of Maliha E. Wheeler, Chief, Division of Institutional Services, De­ d'appel, Lubumbashi Kiev Pdsons, Home Office, London partment of Rehabilitation and Corrections, Columbus, Ohio Walter G. Whitlatch, Judge of the Cuyahoga County Juvenile Court, ZAMBIA UNION OF SOVIET SOCIALIST REPUBLICS Advisers President-Elect, National Council of Juvenile Court Judges, Cleve­ land, Ohio L. P. Chivesakunda (head of the delegation), Minister of State and Stanislav Borodin, Director of the Research Institute, Moscow Thomas G. Garner, Commissioner of Prisons, Prison Headquarters, Evgeni Budanov, staff member, Division of Foreign Relations, UPPER VOLTA Solicitor General, Lusaka Hong Kong E. L. Imboela, Assistant Commissioner of Police, Lusaka Ministry of the Interior, Moscow Keith H. Lomas, SupeIintendent of Police ,Royal Police, Hong Kong Gennadi Efimov, First Secretary, Ministry of Foreign Affairs, Mos­ Jean Nebie, magistrat, Bobo-Dioulasso T. M. Mutwale, Deputy Commissioner of Prisons, Icabwe cow Assane Sawadogo, sous-lieutenant commandant de Cie, Gendar­ E. L. Sakala, Director of Public Prosecutions, Ministry of Legal UNITED REPUBLIC OF CAMEROON Vadim Kirin, Member, Research and Consultative Council, Supreme meIie nationale, Ouagadougou Affairs, Lusaka Court, Moscow Sergei Krylov, Chief of the Academy of the Ministry of the Interior, Fran!

72 73 II. Observers INTERNATIONAL ASSOCIATION OF PENAL LAW Mario Fonlanesi, Secretary General, Italian Society for Criminolo­ gy, Rome A. Palestine Liberation Organization LEAGUE OF ARAB STATES Marino Barbero-Santos, Director del Departamento de Derecho Trevor Charles Gibbens, United Kingdom of Great Britain and Penal, Universidad de Valladolid, Espana Northern Ireland Faisal Aweidah, Head of the European Section, Political Depart­ Amer Ahmed AI-Mukhtar. Director General, International Arab Giacomo Barletta Caldarera, avocat, Catania, Italie PeterP. Lejins, Director, Institute ofCriminalJustice and Criminolo­ ment, Beirut, Lebanon Bureau for the Prevention of Crime, Baghdad, Iraq M. Cherif Bassiouni, Secretary-General. Professor of Law. De Paul gy, University of Maryland, College Park, Maryland, United Daoud Barakat, Permanent Observer to the United Nations Office at University, Chicago, Illinois, United States of America States of America Geneva Abdel-Wahhab EI-Aschmaoui, Executive Secretary, Arab Organiza­ Pierre Bouzat. president, professeur. doyen honoraire. Faculte de Thorsten Sellin, Honorary President. Pl'ofessor Emeritus, Univer­ Ahmed EI-Azhari (head of the delegationl, Deputy President of the tion for Social Defence, Cairo dl'Oit

74 75

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RosIer Other l1ofl-govel'llmenlai organization Felix B. Constantine, Assistant ~uperintendent of Police, Police Cheng-Hao Ho, former United Nations Security 1. ieutenant, Headquarters, St. Vincent Elmhurst, New York, United States of Amelica INllRl'oAI J()NAI HltMANIST!( AND ETHICAL UNION INTERNATIONAL PENAL AND PENITENTIARY FOUNDATION Orlando Contreras Pulid(', Profesor Universitario, Caracas, G. Peter Hoefnagels, Professor in Criminology "nd Juvenile Law, Venezuela Rotterdam, Netherlands Geoffrey T. Ror-sor., Magiqrate, Endon, Stoke-on-Trent. United Pier AlIewijn, Secretary-General, The Hague. Netherlands Carl-Johan CosmQ· 'Jirector at the Swedish National Council for Donna Hoff, Tear-her, Elmira, New York. United States of America Kingdom of Great Britain and i'torthern Ireland Marc Ancel, Paris Crime Prevention, Stockholm, Sweden Donald Robert Hoff, Professor, Corrections, Elmira College. New Inked Anttila, Vice-President, Helsinki, Finland Jean-Luc Cote, directeur, Division de la consultation, Mlnistere du York, United States of Amelica IN'I LRNATlONAL LEACiUr, 01· SURYblLLANCE SOCIETIES Norman Carlson, Washington, D.C. Solliciteur general. Ottawa, Canada Bernard Hofley, Assistant Deputy Minister, Department of the r FrancroL Clerc, tresorier, St. Blaise, Suisse Philippe Courvoisier, Advocate, Geneva Solicitor General, Ottawa, Canada John Horan. Secretary-General. New York Paul Cornil, president honoraire, Bruxelles. Belgique Bob Crook, Committee for the Abolition of Training Schools, Ot­ John Hogarth, Chairman, Police Commission of British Columbia, l Jakoo Manuel Spreng, president, Zollikofen. Suis~e Wolfgang Doleisch, Vienna. Austria tawa, Ontario, Canada Vancouver, Canada Ii Israel Drapkin, former Professor of Criminology, Chile Umberto d' Antini, Social Worker, John Howard Society of Toronto, Ute Hollrigl, Youth Counsellor, Schaftbausen, Switzerland IN I ER"ATIONAI POLICE ASSOCIATION Jean Dupreel, Bruxelles, Belgique Canada Barbara Huber, Research Associate, Max Planck Institute of Foreign Torsten Eriksson, Former United Nations Interregional Adviser on Beretta Delio, medecin, Milan, Italie and Internal Criminal Law, Freiburg, Federal Republic of Ger­ Andre P. Baumgartner. inspccteur chef de Ja sGrete. Geneve Crime Prevention and Criminal Justice, Stockholm. Sweden Derek Dempster. Director, John Howard Society of Quebec, Two many Alfred Heijder. Amtersdam, Netherlands Mountains, Quebec, Canada John W. A. Iremonger, Ministerial Officer to Australian Attorney­ WORLD AU.IANCF. OF REFORMED CHURCHES Manuel Lopez-Rey (Bolivia), Cambridge. United Kingdom ..,f Great Giuseppe Di Gennaro, Consultant, Rome General, Canberra Britain and Northern Ireland Lygia Dormont, chargee de cours de criminologie, Puteaux, France Akira Ishii, Assi~tant, Keio University Tokyo, and Member of the Howard Cumming~ Maxwell. Consultant. Justice System Issues, Bo Martinsson, Stockholm, Sweden Jeffrey Tan Dreben, President, W.P.E.C.C., Ottawa, Ontario, Max-Planck Institllt fijr ausUindisches und internationales Straf­ United Presbyterian Church. New York Atsushi Nagashima, Tokyo Canada recht, Freiburg, Federal Republic of Germany Gordon S. Orr, Wellington, New Zealand Dietlhar Ertmann, Post graduate, Max-Planck Institute, Freiburg, Alberto Izaguirre Aguirregaviria, Consejero Principal del Institute WORLD ~~t ('AL AS~OClAnON Alfonso Quiroz Cuaron, Mexico D.F. Federal Republic of Germany Latino Americano para la Prevencion del Delito y Tratamiento del Holger Romander, Stockholm, Sweden Maurice S. Flint, Co-ordinator, Chaplaincy Services, Ontario Civil Delincuente, San Jose, Costa Rica , William Ref~hauge, Secretary General. Ferney-Voltaire. France Alfons Wahl, Vice-Pr~o,jent, Bonn, Federal Rep!lblic of Germany Service Commission, Toronto, Ontario, Canada Ewart B. Jackson, Deputy Commissioner of police, Police Head­ Robert Paul Francis, Senior Counsel. Criminal Law Policy, Depart­ quarters, St. Vincent ment of Justice, Ottawa. Ontario, Canada S. D. Jamy, Deputy Director (Police and Administration) Academy Liliana Franco, Trabajadora Social, Buenos Aires. Argentina for Administrative Training, Cabinet Secretariat, Lahore, Pakistan Maren Sibylle Franke-Gricksch. Judge, Cologne, Federal Republic Biwe Janhager, Prison Governor, Boras, Sweden of Germany Jerzy Jasinski, Assistant Professor, Warsaw, Poland HI, Individual participants Stanislaw Frankowski, Professor, Depaltment of Criminal Law, U ni­ J. Avery Joyce (Versoix, Switzerland), Parrister, Professor of Law. versity of Warsaw, Poland United Kingdom of Great Britain and Northern Ireland Salah AbdelO1otaal. Research Expert. Department of Social and Erik Besier, Secretaire permanent de la Commission penitentiaire du John C. Freeman, Professor, University of London King's College, Reinhold Kaeser, medecill-chef du Comite international de la Croix Criminological Research. Council of Ministers. Kuwait Benelux, La Haye. Pays-Bas London ROl\ge, Geneve SWart Adams, Visiting Fellow. National Institute of Law Enforce­ Joan Bloomfield, Alcoholism Consultant and Counsellor, Toronto. Sy Gaines, Consultant, United States Department of Justice, Hidden Dimitri Kalogeropoulos, maitre de recherche, Centre national de la ment and Criminal Justice. Washington. D.C. Ontario. Canada Hills, California, United States of America recherche scientifique, antenne scientifique de l'Universite de Adcdokun Adebayo Adeyemi, Professor. Faculty of Law. University Sylvia Boecker, Law Student, Notre Dame University Law School, Arlene F. Gallagher, Educator, Canton, Massachusetts. United Paris of Lagos. Nigeria London States of America Constantijn Kelk, Member of the Teaching Staff (Criminal Law and Freda Adler. Professor. Rutgers University. New Jersey. United Emilia B. del Valle Bouzon de Terzano, Directora Secretariado de Edward Galway, former Chief, Social Defence Section, United Na­ Penology), University of Utrecht, Netherlands of States America Ayuda Cristiana a las Carceles, Buenos Aires, Argentina tions and former Director of the United Nations Social Defence Orman W. Ketcham, National Council on Crime and Delinquency. Rajcndra Saran Agarwal, Secretary-General, International Asso­ M. Bronstein-Laboucarie, assi~tante. Faculte de Paris, Ferney­ Research Institute, Rome Associate Judge, Supreme Court of the District of Columbia, ciation of Penal Law. Shamjamanpur. India Voltaire, France J. Carlos Garcia Basalo, former Inspector general of the Servicio Washington, D.C. Wassel Ajlani. assistant-juge, Beirut. Lebanon I Lee Patrick Brown, Sheriff and Director of Public Safe,ty, Multnomah Penitenciario Federal, Buenos Aires, Argentina Paul W. Keve, Director, Division of Adult Corrections, State of Domitilla Alfafara, Member of the Committee on Rehabilitation of COI)Oty, Portland, Oregon, United States of AmeIica Jean Jacques Gautier, retired Banker and Lawyer, Geneva Delaware, Newark, Delaware, United Slates of America Prisoners, Loyola Heights, Q.C .• Philip~ines Robin William Burnham, Senior Lecturer in Criminology, University Ghassan Ghandour, Executive Manager, M.O. Ghandour Factory, Riad Khani, Professor of Penal Law, Criminolog' and Penology, Dieter Ambach. Public Prosecutor. Dusseldorf. Federal Republic of of Keele, Staffs, United Kingdom of Great Britain and Northern Beirut, Lebanon Univc:rsity of Damascus, Damascus, Syria G

76 77 - •I

Dorothy Linkletter, Volunteer. Chairman of the Juvenile Court Citi­ Charles Chukwuma Okolie, Professor of Law and Director of Lewis Saleem Shah, Chief, Center for Studies of Crime and Delinquency, Daniel L. Teglia, Director, International Relations, International zen Committee, Pointe-Claire, Quebec, Canada University College of Law Center for International Criminal Jus­ National Institute of Mental Health,'Washington, D.C. Association for the Advancement of the Science of Creative Intel­ Ben Lobulu, Legal Practitioner, Legal Corporation of Tanzania, tice Studies, Glen Ellyn. Illinois, United States of America Roger Dean Sharpe. Co-ordinator of Corrections Program, Depart­ ligence, Seelisberg, Switzerland Dar-e~-Salaam, United Republic of Tanzania James H. Olila, Director, Rural Crime and Justice Institute. Dor­ ment of Criminal Justice, Western Piedmont Community College, Celso Telles, Director general de Policia Cientifica, Sao Paulo, Brasil Millon Luger, Director, New York State Division for Youth, Albany, drecht, Netherlands Morganton, North Carolina, United States of America Re~at Tesal. Professor, Regional Legal Adviser of the Tiirkiye Is NI:w York Bachir Omaira, avocat, Beyrouth. Liban Betty Shatwell, Member of the Advisory Council of the Institute of Rankasi, Academy of Economic Sciences, Istanbul, Turkey firederick McClintock, Professor of Criminology and Director of the David Orme-Johnson, Vice-Chancellor, Maharishi European Re­ Criminology of Sydney University Law School. Turramurra, New John Jacob Tobias, Principal. Civil Service Department, London School of Criminology University of edinburgh, United Kingdom search University and Director of the Institute for Social Rehabili­ South Wales, Australia Fernando Toro Sanchez, Profesor, Jnstituto de Criminologin de la of Great Britain and Northern freland tation, Weggis, Switzerland Kenneth O. Shatwell, President of the Australian and New Zealand Facultad de Derecho, Universidad de Carabobo-Valencia, Ven- Archibald MacCorquodale, National Director of the Salvation Army Paschal O'Toole, Director, Division of Communication, Ministry of Society of Criminology, Turramurra, New South Wales, Australia ezuela Correctional Services, Toronto, Ontario, Canada the Solicitor General, Ottawa, Ontario, Canada Abdelaziz Shiddo, Advocate, Khartoum, Sudan Marc-Adelard Tremblay, president, Service cle rcadaptation sociale, Alex MacDonald, Attorney General of British Columbia, Victoria. Sandra E. Oxner, Judg(' Judges'Chambers, Law Courts, Halifax" Stan Showalter, Special Assistant to the Deputy Director of Correc­ Quebec, P.Q., Canada Canada Canada tions, Indiana Department of Corrections. Three Oaks, Michigan, Otto W. F. Triffterer, Professor ofLaw , Giessen, Federal Republic of Jack MacDonald, Executive Assistant to the Solicitor General of Maria Paleologo, Director, Child Psychiatric In-patient Clinic, United States of America Germany Canada, Ottawa, Canada Halandrion, Atbens, Greece Georges Sliwowski, professeur, Faculte de droit et d'administration, Kyoko Tsunekawa, Assistant Chief, Liaison and Research Section, William T. McGrath, Executive Director, Canadian Criminology and Oliver N. Philip, Commissioner of Police, Police Headquarters, Universite Nicolas Copernic, Torun, Pologne Rehabilitation Bureau, Ministry uf Justice, Tokyo Correctional Association, Ottawa, Ontario, Canada Roseau, Dominica IsseI' Smith, Social Services Division, Indian and Eskimo Mfairs David Vanek, Judge of the Provincial Court of Ontario (Criminal Peter E. McRae, Third Secretary, Permanent Mission of Canada to Vallipuram N. Pillai, former Director of Prisons of Sri Lanka and Program, Ottawa, Ontario, Canada Division), Toronto, Canada the United Nations Office at Geneva former Director of the United Nations Asia and Far East Institute A. LaMont Smith. Deputy Director for Research, Program Planning Lode Van Outnve, professeur en sociologie cnminelle, Universite de Marika Magnoni. representante de la Societe internationale de for the Prevention of Crime and the Treatment of Offenders in and Evaluation, Phoenix, Alizona, United States of America Louvain, Belgique defense sociale, New York Japan, Colombo, Sri Lanka Marley C. Smith, Student in Social Work, George Warren Brown Gustavo-Adolfo Vargas. junste, Managua, Nicaragua. Gabriel Malik (pere), fondateur-directeur, Service du prisonnier, Juan Mendota Pimentel, Profesor de Criminologia a U.C. V., School of'Social Work, Washington University, St. Louis, Mis­ Charles C. Vermeer, Assistant Professor, Rotterdam, Netherhinds Universite Saint-Joseph, Beyrouth, Liban Caracas, Venezuela souri, United States of America Jose Benedito Viana de Mc;aes, Dlrecto\:, Departamento de Ronald N. Marken, Associate Professor of English, University of Christopher Poklewski-Koziell. Deputy Editor, State and Law Re­ Harry"A. Snyder, Consultant, Millersville State College, Director of Criminologia-Inst. Advogados, Sao Paulo, Brasil Saskatchewan, Saskatoon, Canada view, Institute of Legal Sciences, Warsaw. Poland the Bureau of Correction of the State of Pennsylvania, Glenshow, Jacques Vigne. Comite international de la Croix Rouge, Institut Gunnar Marnell, Director of the Stockholm Correctional Region, Narciso Ponferrada, Catholic Chaplain (Observing American Correc­ Pennsylvania, United States of America Henri Dunant, Geneve Stockholm, Sweden tional System-Texas Department of Corrections, Huntsville, James Kehinde Sofidiya, Managing Director, J. K. Sofidiya and Co.: Pekka Antero Viirre. Secretary of the Diakonia Board 'on Finnish Peter Marshall, Police Commander, New Scotland Yard, Broadway Texas), Philippines Commercial and Industrial Consultants. Assistant Secretary-in­ Lutheran Church, Helsinki, Finland London I Adrian Poole, Lecturer in Criminology, Department of Sociology, Charge of the Mid-Western State of Nigeria for the Nigerian Soci­ Hans-Georg Voelkel, Government Official, Berlin, Federal Republic Antoine Martin, chef adjoint de la Division juridique du Comite' University of Exeter, United Kingdom of Great Britain and North­ ety of Criminology, Benin City, Nigeria of Germany international de la Croix Rouge, Geneve ern Ireland Lucia Arabella A. Sofidiya, Deputy Matron, University of Benin Frederick Ward, Executive Vice President. National Council on Leonard Max, Barrister, Ottawa, Canada Houshang Poorkaj, Professor of Sociology, California State U:1iver­ Teaching Hqspital, Benin City, Nigeria Crime and Delinquency, Hackensack, New Jersey, United States Guadi Jose Melendez Rw,lirez, Ejercicio Libre de la Profesi6n sity, Fullerton, California, United States of America Ahmed Fathi Sorour, professeur de droit criminel, Faculte de droit, of America . Penalista, Caracas, Venezuela Klemens Potthoff, Senior Public Prosecutor, Hennef/Sieg, Federal Universite du Caire, Egypte Russel Earl Webb, Assistant Director, American Bar Association Albert Metzger, Vice President (lfthe Sierra Leone Bar Association, Republic of Germany Richard F. Sparks, Professor of Criminal Justice, School of Criminal Corrections Commission. Washington, D.C, FreetQwn, Sierra Leone Francis Joseph Prevost, Director, Courts Planning and Facilities, Justice, Rutgers University, Newark, New Jersey, United States Judith Weintraub, Secretary, Allian-.:e of Non-Governmental Organi­ Wolf Middendorff. Judge and Criminologist, Freiburg, Federal Department of the Attorney General, Vancouver, British Colum­ of America zations on Crime Prevention and Criminal Justice, New York Republic of Germany bia, Canada Walter Stansfield, Chief Constable of Derbyshire and Acting Presi­ Norman B. Willans, attache de recherches legales, Service des re­ Cynda Jane Miller, Adult Probation Officer, Ottawa, Canada Leon Radzinowicz, Professor, Trinity College. Cambridge, United dent, Association of Chief Police Officers of England, Wales and cherches, bibliotheque du Parlement, Ottawa, Canada Akira Mitsui, Practicing Lawyer, Member of the Daiichi Tokyo Bar Kingdom of Great Britain and Northern Ireland Northern Ireland. United Kingdom of Great Blitain and Northern Birgitta E. Wolf, President of N othilfe Birgitta Wolf E. V. German, Association, Chiba City, Japan Robert H. Ratcliffe, Director of the National Center for Law­ Ireland rehabilitation organization, and honorary member of the German Koichi Miyazawa. Professor of Criminal Law and Criminology, Keio Focused Education, Chicago, Illinois, United States of America Philip John Stead, Professor of Comparative Police Science, John Jay Society of Criminology, Murm,\u, Federal Republic of Germany University, Tokyo Albert Reiser, Secretary, Federal Prisoners Aid Association (Federal College of Criminal Justice, New York George Wright, Commissioner of Police, Police Headquarters, Republic of Germany), Bad Godesberg, Federal Republic of Ger­ Christina Steen-Sundberg, Public Prosecutor, Stockholm, Sweden Herman G. Moeller, Professor, East Carolina U nivers::y, Greenville, St. Johns. Antigua North Carolina, United States of America many Robert Stewart, Executive Officer, Police Commission of British Yat-Hoong Yip, Deputy Vice-Chancellor, University (If Malaya, Martin Moerings, Assistant Professor, Faculty of Law, Section of Bela Rektor, Professor, University of Arizona, Department of Public Columbia, Vancouver, Canada Criminology, Willem Fompe Instituut. Utrecht, Netherlands Administration, Tucson. Arizona, United States of America Georg Stilrup, M.D., former Director of Hersted'lester, Randers, Kuala Lumpur, Malaysia Carlo Moretti, directeur, ReVile int'ernationa/e de crimin%gie et de Sven Rengby, Chief of Section, Taby, Sweden Denmark Gary Youngman, Executive Assistant, Vancouver, British Colum­ po/iCt' techniqlle, Geneve Christian-Nils Robert, professeur-assistant, Faculte de droit, Richard Sullivan, Director of Research and Evuluation, Illinois Law bia, Canada Frederic Moyer, Director, National Clearinghouse for Criminal Jus­ Universite de Geneve, et conseiller technique de l'Office de la Enforcement Commission, Chicago, Illinois, United States of Hamid Uz-Zafar. retired Government Servant, Researcher in the tice Planning and Architectlll'e, Champaign, Illinois, United States jeunesse, Geneve America field of Correction, Karachi, Pakistan of America Philippe Robert, directeur de recherche, Service d'etudes penales et Jacob W. F. Sundberg, Professor of Law, Stockholm, Sweden Louis Ziskind, Executive Director, Gateways Hospital and Com­ Ella Mueller, Lutheran Church Auxihary, Salzgitter-Bad, Federal ctiminologiques. Ministere de lajustice. Paris, Britt Sveri. Research Assistant. Institute of Criminal Science, Uni­ munity Mental Health Center, Los Angeles, California, United Republic of Gel'many John Lochiel Robson, Director, Criminological Studies, Victoria versity of Stockholm, Sweden St'\tes of America John Ambrose Murphy, Ministry of the Solicitor General, Ottawa, University of Wellington, New Zealand Canada Mauro Antonio Rodriguez Leegi, Profesor de la Universidad de Mary Murphy, Ottawa, Canada Chihuahua, Mexico Tibamanya Mushanga, Lecturer, University of Nairobi, Kenya Carmen B. Romero de Encinoso, Juez Superior Septimo en 10 Penal George J. Myette, President, Alberta Seventh Step Society, Calgary. del Distrito Federal y Estado Miranda, Caracas, Venezuela Alberta, Canada Francis Rosenstiel, assistant du directeu!' des affaires politiques. Aimo Myllyla, Senior Inspector. Ministry of Justice, Helsinki, Fin­ France land Emanuel U. Ross, Jr. graduate student, George Washington Univer­ Annex II Khaleeq Ahmad Naqvi, Professor of Economic Policy, Delhi U niver­ sity, Department of Forensic Science, Annandale, Virginia. United sity, New Delhi, India States of America RULES OF PROCEDURE OF THE CONGRESS Thomas C. Neil, Co-ordinator, graduate work study, Probation­ Werner Roth, Senior Public Prosecutor, Frankfurt/Main, Federal Corrections-Parole, University of Georgia, Athens, Georgia. Republic of Germany 1. PARTICIPANTS IN THE CONGRESS criminological institutes and of national organizations concerned U niled States of America Gilbert St. Onge, Clergyman, The Salvation Army, Administrator with crime prevention and criminaljustice; Alvar F. A. Nelson, Professor (If Criminal Law, Uppsala. Sweden Correctional Services. Montreal, Canada Rule I Andre Normandeau, directeur de I'Ecole de criminologie. Universite Richard A. Salomon, Research Assistant, Center for Studies in Crim­ s~ (e) Observers designated by national liberation movements invited de Montreal, Canada inal Justice. University of Chicago Law School. Chicago, Illinois. The Congress shall include four categories of participants: to the Congress; Ola Nyquist. Member of Parliament, Committee on Justice, As­ United States of America (a) Members officially designated by their Governments as dele­ sociate Professor of Criminal Policy, Uppsala, Sweden John M. Sansone, Staff Attorney, Hartford'Institute of Justice, Hart­ Cd) Observers from the spec;alized agencies of the United Natiuns, Dietrich Oehler, Professor of Criminology. University of Cologne, ford, Connecticut, United States of America gates to the Cungress; or from other intergovernmental organizations or from non-govern­ Federal Republic of Germany Mitsuko Silto, Conciliation Commissioner, Tokyo Family Court, (b) Indivi!! ual members having a dir~'ct interest in the field of crim>:! mental organizations irt consultative status with the Economic and Willinm Patrick O'Hara, Police Officer, Metropolitan Police, London Volunteer Probation Parole Officer. Ministry of Justice, Tokyo prevention and criminal justice, including representatives of Social Council and inte-ested in the matters before the Congress,

78 79 -- Rule 2 Rille 11 Rille 19 Rille 27

Each Government invited by the United Nations, which proposes The deliberations of each section shall be synthesized by the If the President is absent from a meeting or any part thereof, he The Steering Committee shall be the governing body of the Con­ to participate in the Congress shall communicate the names of its section's Rapporteur in a report which, together with the conclusions shall designate a Vice-President to take his place. A Vice-President gress. It shall assi~t the President in the general conduct of the work of '1 delegates to the Executive Secretary of the Congress via official adopted by the section, shall be presented by the Rapporteur to the acting as President shall have the same powers and duties as the the Congress, ensure the co-ordination of the work of the sections, channels. The name of the head of the delegation and of the delegate Congress in a plenary meeting. Summary records of the proceedings , President. review the progress of the Congress and make recommendations for 1 or delegates who in his absence are authorized to act as head of the will not be provided, although minutes will be taken for use by the fl,rthering sUl.:h progress. It shall also have the authority to decide on delegation, including the casting of votes for the delegation, shall be Rapporteurs and the Secretariat. Rille 20 the submis~ion to the Congress of any question not closely related to comm.unicated to the Secretariat upon registration at the Congress. the agenda items. III. OFFICERS A proposal for adoption by the Congress cannot be submltted for Rille 3 consideration at a plenary meeting unless it is sponsored by not less Rille 28 Rille 12 than three delegations and cleared by the Steermg Committee in Each specialized agency, intergovernmental organization, non­ advance of the plenary meeting. The text of any such proposal shall The decisions of the Steering Committee shaH be made. by a major­ At the opening meeting of the Congress, the representative of the governmental organization ant! national liberation movement which be circulated to the participants 24 hours before it is discussed and ity of its members present and voting. proposes to participate in the Congress shall communicate the names Secretary-General of the United Nations shall preside until the Con­ voted upon, unless the Congress decides otherwise. gress has elected a President. of its observers to the Executive Secretary of the Congress. VI. VOTING Rille 21 Rille 13 Rille 4 Rule 29 Each section shall be presided over by a Chairman whose powers At its opening meeting the Congress shall elect a President and up In plenary meetings, voting shall be confined to govenlment dele­ Persons who meet the requirements for individual participation, as and functions shall be similar to those of the President ofthe Congr~ss to 15 Vice-Presidents. The election of an honorary President and gations, each of which shall have one vote. The vO,te of each delega­ determined by the Secretariat, may attend the Congress as individual at plenary m-::etings, as provided in rules 15, 16, 17 and 18. honorary Vice-Presidents will be at the discretion of the Congress. tiun shall be cast by the head afthe delegation or by a duly authorized members upon 'acceptance of their applications by the United Na­ delegate. The vote shall normally be taken by show of hands, but any tions Secretariat. Nominations for President and Vice-Presidents may be made for any delegation and will be retained if seconded by another delegation. Rille 22 delegation may request a roll-call. The roll-call shall be taken in the If more nominations are received than are required to fill the offices English alphabetical order of the names of delegations, beginning II. ORGANIZATION OF THE WORK OF THE CONGRESS available, a vote shall be taken in accordance with the provisions of In section meetings where the discussions are being initiated or with the delegation whose name· is drawn by lot by the President. rule 29. guided by a panel of experts, the right to speak shall first be accorded Rille 5 to persons selected from the panel of experts or to persons who have Rille 30 Rille 14 completed a speaker's form in accordance with rule 16. In the ensur­ The Congress shall consider the items inclutled in the agenda ing general discussion all participants shall have the right to ask for Decisions of the Congress shall be made by a majority of govern­ prepared by the Secretariat of the United Nations with the approval The Secretary-General of the United Nations shall designate, in the floor, subjectto the provisions of rules 17 and 18. The Chairman's ment delegations present and voting. A delegation which abstains of the Committee on Crime Prevention and Control. advance of the Congress from among the registered members, a decision on recognition and order of speakers shall be final. from voting is considered as not voting. Chairman, a Vice-Chairman and a Rapporteur for each section and a Rille 6 General Rapporteurfor the plenary, and in their selection regard shall Rille 23 Rule 31 be had to an equitable geographical distribution of posts. The list of Subsequent to any vote taken in accordance with rule 29 the Presi­ The work of the Congress shall be conducted io plenary meetings these officers shall be placed before the Congress at its first plenary If the Chairman finds it necessary to be absent during a meeting or meeting for affirmation. The Secretary-General may also appoint any part thereof, the Vice-Chairman acting as Chairman shall have dent may request, for consultative purposes, that the views of obser­ and in me~tings of the Steering Committee and of not more than five Consultants to the Congress for the plenary meetings and the sec- the same powers and duties as the Chairman. vers and individual members be expressed by a show of hands. sections. tions. . If the Chairman or any other officer of the section must withdraw Rule 32 from the Congress, the Secretary-General shall designate a Iiew of­ Rille 7 IV. CONDUCT OF BUSINESS ficer for the post. In section meetings, all members shall have the right to vote. In accordance with a programme drawn up by the Secretariat, all Rille 15 Decisions shall be made by a majority of members present and voting. agenda items, with the exception of the elections and the adoption of Rille 24 the niles of procedure and of the agenda, shall ue assigned to the The President of the Congress sh:-.ll declare the opening and closing VII. LANGUAGES ~ections or the Steering Committee, and each item shall first be of each plenary meeting, accord the I • .;'ot to speak, direct the discus­ The representative of the Secretary-General, the Executive Sec­ considered by the section or the· steering committee to which it is sion in plenary meetings, ensure the ob:ervance of these rules, put retary of the Congress, or an officer of the Secretariat designated by Rille 33 assigned. Subsequently the conclusions of the sections shall be con­ questions to the vote and announce decis'.ms. He shall rule on points either of these officials may, at any time, make oral or written state­ sidered in plenary meetings. of order and, subject to these rules, shal' nave control of the proceed­ ments concerning any question under consideration by the Congress. English, French, Russian and Spanish shall be the languages of the Congress. Simultaneous interpretation to and from any of these lan­ The recommendations and decisions of the Steering Committee ings. He lTlay call a speaker to order ifhls remarks are not relevant to guages shall be provided in plenary meetings and section meetings. shall be transmiHed to the organ concerned for consideration or the subject under consideration. His decision on relevance shall be V. STEERING COMMITTEE information, as appropriate. final. Rille 25 VIII. REPORT OF THE CONGRESS Rule 16 Rille 8 Rule 34 The Ste:ering Committee shall be composed of the President of the The President may request that each participant who wishes to take Sections I, II and III shall meet simultaneously during the first part Congress, or. in his absence, a Vice-President designated by him, the The report of the Congress shall be prepared by the Secretariat of part in the discussion shall complete, in advance of the meeting, a representative of the Secretary-General of the United NatioIis, a orthe Congress; the plenary and sections IV and V shall meet simul­ speaker's form indicating briefly the subject of his intervention. the United Nations and distributed as soon as practical and not later taneously during the second part of the Congress. representative of the host Government of the next Congress, the than six months after the close of the Congress to the participants as Chairmen of the five sections and the Executive Secretary of the well as to all States Members of the United Nations. Rille 17 Congress. The Steering Committee may co-opt up to five additional Rille 9 members to participate in its meetings. IX. GENERAL PROVISION The President may limit the time allowed to each speaker and the Participants may elect to take part in the work and consideration of number of times each participant may speak on any question. When Rule 26 Rule 35 up to two agenda items, provided the items are not considered con­ debate is limited and a participant has spoken his allotted time, the currently. President shall call him to order without delay. The Steering Committee shall elect its own Chairman, Vice­ Any question not specifically covered by these rules shall be settled Chairman and Rapporteur from among its membership. The Steering by the President following as closely as possible the rules of proce­ Rille /0 Rule 18 Committee shall meet daily on each working day of the Congress, and dure of the functional commissions of the Economic and Social it shall sc::t the schedule of its meetings. Council of the United Nations. In section meetings the discussions shall be under the direction of Hthe time allotted to the item under consideration does not permit the Chairman of the section. At the discretion of the Chairman, the Congress to hear all participants who ~ignify their desire to speak, discussions may be initiated or guide.d by a [,ane! of experts desig­ the President may accord the right to speak to only a limited number nated in advRnce of the Congress by the United Nation~ Sec .. etariat of participants. In the choice of participants on the speakers 'list due from among the registcled participants with due regard to geographi­ regard shall be had to the points which each speaker proposes to cal representation. discuss as well as to equitable geographical representation.

80 81 n--'-~------,.------I i n Ii f 1

Annex III CORRIGENDUM

LIST OF DOCUMENTS Ref.: Sales No. E.76.lV.2 (A/C'ONF.56/1 0) Unless otherwise ;,ndicated, the basic documentation for the Congress listed below was published in July 19% Eng/ish, French, Russian and Spanish. A Congress information pamphlet, prepared in four languages by the United Nations Secretariat, was distributed to all participant~. The reports of the Rapporteurs New Yo.:'k were also made available to aU participants in the four languages. Minutes of the plenary and section ------_._---_._._------_._--_._------meetings were prepared for the use of the officers of the Congress and its secretariat only. The basic documentation·for the Congress was as follows:

A/CONF.56/I/Rev.I/Corr.l Provisional agenda and organization of work

A/CONF.56/2/ Amend.l Provisional rules of procedure

A/CONF.56/3 Changes in forms and dimensions of criminality-transnational ami FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION national OF CRIME AND THE TREATMENT OF OFFENDERS Working papel' prepared by the Secretariat A/CONF.56/4 CIiminallegislation, judicial procedures and other forms of social control in the prevention of crime Working paper prepared by the Secretariat Corrige/1dum A/CONF.56/5 The emerging roles of the police and other law enforcement agencies, with special reference to changing expectations and minimum Page 5, paragraph 22 s~andards of performance Working paper prepared by the Secretariat 1. Delete subparagraph (a) A/CONF.56/6 The treatment of offenders, in custody or in the community, with special reference to the implementation of the Standard Minimum 2. Reletter the following subparagraphs accordingly Rules for the Treatment of Prisoners adopted by the United Na- tions ' Working paper prepared by the Secretariat Page 59, paragraph 436 A/CONF.56/7 Economic and social consequences of clime: new challenges for research and planning Working paper prepared by the Secretaliat The paragraph should read A/CONF.56/8 Torture and other cruel, inhuman or degrading treatment or punish­ ment in relation to detention and imprisonment a 436. Meetings of working groups of experts were convened in the United States of America at College Park, Maryland, from 10 to 13 April 1975, with A/CONF.56/9 Health asrJt:cts of avoidable maltreatment of prisoners and detainees Paper prepared by the World Health Organization the Institute of Criminal Justice and Criminology of the University of Maryland acting as host~ at Reno, Nevada, 6 April 1975, with the National College of the A/CONF .56/BP/ I Report on the Asian Regional Preparatory Meeting of Experts on the Prevention of Crime and the Treatment of Offenders State Judiciary at the University of Nevada acting as host; at Aidie House, Note by the Secretary-General Virginia, from 7 to 10 January 1975, with the Police Foundation acting as A/CONF .56/BP/2 Report on the Latin American Regional Preparatory Meeting of Ex­ host; and at the Academy fot Contemporary Problems, Columbus, Ohio, from perts on the Prevention of Crime and the Treatment of Offenders 18 to 22 November 1974, with the American Bar Association Commission on Note by the SecretarY-Generai Correctional Facilities and Services and the Academy of Contemporary Prob­ A/CONF.56/BP/3 Report on the European Regional Preparatory Meeting of Govern­ lems acting as hosts. ments on the Prevention of Crime and the Treatment of Offenders Note by the Secretary-General A/CONF.56/BP/4 Report on the African Regional Preparatory Meeting of Experts on Page 74, E. Other illtergovernmental organizations the Prevention of Crime and the Treatment of Offenders Note by the Secretary-General At the end of the section add A/CONF.56/CRP.! Draft principles on freedom from arbitrary arrest and detention, and amendments thereto proposed in the study of the right to com­ ORGANISATION I'OR ECONOMIC CO-OPERATION AND DEVELOPMENT municate The role of the police-in terms of their clime prevention and social A/CONF.56/NGO/l Roy Alexander Carr-Hill, Administrator, Social Indicators Section, Directorate' for Social activities Affairs, Manpower and EdUcation, Paris Paper prepared by the International CIiminal Police Organization (INTERPOL) English and French A/CONF.56/NGO/2 Proposals on the protection of all persons subjected to any form of detention or implisonment against torture and other cruel, inhu­ ma:>, or degrading treatment or punishment Paper prepared by the International Commission of Jurists

For the general information of Congress participants, a list of documents and publications of the United Nations and the specialized agencies on the preventiolj of crime and the treatment of offenders was also distributed. .. a Analytical summary by the Secretary-General (A/t0158).

82 ------_. Litho in United Nations, New York A/CONF.56/10/C'orr.1 13187-July 1976-3,450 . English only , \..~-,!!.....,r-,,- '.~.__ ~'- __ ~ __~.. _"~_'.