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Corruption Control in the Judiciary and Prosecutorial Authorities

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Corruption Control in the Judiciary and Prosecutorial Authorities FIRST REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES CORRUPTION CONTROL IN THE JUDICIARY AND PROSECUTORIAL AUTHORITIES Co-hosted by UNAFEI, the Office of the Attorney General of Thailand, and the UNODC Regional Centre for East Asia and the Pacific under the auspices of the Japan International Cooperation Agency (JICA) 17-21 December 2007, Bangkok, Thailand September 2008 TOKYO, JAPAN The views expressed in this publication are those of the respective presenters and authors only, and do not necessarily reflect the views or policy of UNAFEI, the Office of the Attorney General of Thailand, the UNODC Regional Centre for East Asia and the Pacific, or other organizations to which those persons belong. CONTENTS CORRUPTION CONTROL IN THE JUDICIARY AND PROSECUTORIAL AUTHORITIES Foreword ………………………………………………………………………………………………… i Seminar Schedule ……………………………………………………………………………………… iii List of Participants, Visiting Experts & Organizers …………………………………………………… v General Rapporteur’s Report …………………………………………………………………………… 1 Final Recommendations ………………………………………………………………………………… 26 Opening Session ………………………………………………………………………………………… 29 Introductory Remarks by Mr. Keiichi Aizawa, Director, UNAFEI ………………………………………… 31 Opening Address by Mr. Chulasingh Vasantasingh, Deputy Attorney General of Thailand ……………… 34 Address by Mr. Akira Fujino, Representative, UNODC Regional Centre for East Asia and the Pacific … 35 Special Address by His Excellency Mr. Hideaki Kobayashi, Ambassador of Japan ……………………… 37 Presentation Session I …………………………………………………………………………………… 39 Paper – Mr. Michel Bonnieu, UNODC Regional Centre for East Asia and the Pacific …………………… 41 Paper – Ms. Piyaphant Udomsilpa, OAG Thailand………………………………………………………… 57 Paper – Ms. Sar Chanrath, Cambodia ……………………………………………………………………… 68 Paper – Mr. Ferdinand Tandi Andi-Lolo, Indonesia ……………………………………………………… 74 Paper – Ms. Ifa Sudewi, Indonesia ………………………………………………………………………… 78 Paper – Mr. Anthony Kevin Morais, Malaysia …………………………………………………………… 84 Presentation Session II ………………………………………………………………………………… 95 Paper – Ms. Lwin Lwin Aye Kyaw, Myanmar …………………………………………………………… 97 Paper – Ms. Deana Penaflorida Perez, Philippines ………………………………………………………… 104 Paper – Mr. Nguyen Dang Thang, Vietnam ……………………………………………………………… 111 Paper – Mr. Nitithorn Wongyuen, Office of the Judiciary, Thailand ……………………………………… 118 Paper – Ms. Sirirat Vasuwat and Ms. Supinya Berkfah, NCCC, Thaliand ………………………………… 129 Presentation Session III ……………………………………………………………………………… 135 Paper – Mr. Takeshi Seto, UNAFEI ……………………………………………………………………… 137 Paper – Mr. Jun Oshino, UNAFEI ………………………………………………………………………… 147 Paper – Mr. Oliver Stolpe, UNODC ……………………………………………………………………… 157 Presentation Session IV ……………………………………………………………………………… 167 Paper – Mr. Patrice Davost, France ………………………………………………………………………… 169 Paper – Mr. Peter Ainsworth, USA ………………………………………………………………………… 184 Closing Ceremony …………………………………………………………………………………… 193 Address by Mr. Keiichi Aizawa, UNAFEI ………………………………………………………………… 195 Address by Mr. Keisuke Senta, UNODC Regional Centre for East Asia and the Pacific ………………… 197 Closing Remarks by The Honourable Mr. Chaikasem Nitisiri, Attorney General of Thailand …………… 199 FOREWORD It is my great pleasure and privilege to present this publication of the report of the First Regional Seminar on Good Governance for Southeast Asian Countries which was held in Bangkok from 17 to 21 December 2007. It was fortunate that we had the opportunity to hold the Seminar in Bangkok, a city which combines Thailand’s gentle culture with the liveliness of a great and dynamic metropolis. The main theme of the Seminar was “Corruption Control in the Judiciary and Prosecutorial Authorities” and it was attended by criminal justice practitioners from Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Thailand and Vietnam. UNAFEI, the Office of the Attorney General of Thailand, and the UNODC Regional Centre for East Asia and the Pacific, under the auspices of the Japan International Cooperation Agency (JICA), held this Seminar to deepen mutual understanding of the situations facing the respective countries in regard to corruption in the judiciary and prosecutorial authorities and to assist them in strengthening their rule of law, judicial systems and legal infrastructure. It is one of the most important duties of a criminal justice system to detect corruption and impose appropriate punishment on corrupt politicians and/or public officials through the criminal justice procedure. However, if the criminal justice system itself is corrupt, there are grave consequences for society. In particular, corruption in the judiciary and prosecutorial authorities, which have the important role of maintaining the rule of law, not only decreases the capacity to curb corruption, but leads to the deterioration of trust in justice and ethical standards in general. The United Nations endeavours to promote the eradication of corruption and one of its most significant achievements in this regard is the United Nations Convention against Corruption (UNCAC). Other essential agreements include the Bangalore Principles of Judicial Conduct”1 and the “Guidelines on the Role of Prosecutors”.2 UNAFEI, as a UN Crime Prevention Programme Network Institute, reflects the concern of the United Nations that the UNCAC and other guidelines be used as effective frameworks for controlling corruption, including that of the judiciary and prosecutorial authorities. UNAFEI regularly focuses its training courses and seminars on the issue of corruption and the benefits of implementing the UNCAC and other international standards and norms. In addition to the United Nations’ efforts, the countries of Southeast Asia themselves, at the Tenth Summit of ASEAN in 2005, adopted the Vientiane Action Programme, declaring that Member States should “Establish programmes for mutual support and assistance among ASEAN member countries in the development of a strategy for strengthening the rule of law, judiciary systems and legal infrastructure, effective and efficient civil services, and good governance in the public and private sector”. The respective countries are making efforts to follow the Action Programme and this Seminar was a precious opportunity for them to further their work on this vital issue by exchanging information and experiences on the efforts of their respective governments to combat judicial and prosecutorial corruption. The five-day Seminar concluded with the adoption of the final recommendations, the quality of which reflect the hard work, dedication and enthusiasm of the participants. It is my sincere wish that the work of this Seminar will not only contribute to the development of human resources who will promote the advancement of sound criminal justice administration in Southeast Asian countries but will also contribute to their mutual understanding and friendship. 1 ECOSOC Resolution 2006/23 of 27 July 2006, annex. 2 Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August-7 September 1990: report prepared by the Secretariat (United Nations publication, Sales No. E.91.IV.2), chap. I, sect. C. 26, annex. General Assembly resolution 217 A (III). — i — Finally, on behalf of UNAFEI, I would like to express my sincere gratitude to the Office of the Attorney General of Thailand, especially the International Affairs Department, and the UNODC Regional Centre for East Asia and the Pacific for their unwavering support and commitment to the realization of this Seminar. Keiichi Aizawa Director, UNAFEI 19 September 2008 — ii — SCHEDULE FIRST REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES 17-21 DECEMBER 2007 CORRUPTION CONTROL IN THE JUDICIARY AND PROSECUTORIAL AUTHORITIES 17 December Opening Ceremony Introductory Remarks by Mr. Keiichi Aizawa, Director, UNAFEI Opening Address by Mr. Chulasingh Vasantasingh, Deputy Attorney General of Thailand Address by Mr. Akira Fujino, Representative, UNODC RC for East Asia and the Pacific Special Address by His Excellency Mr. Hideaki Kobayashi, Ambassador of Japan - Election of the Chairperson - Information from the General Editor of the Seminar - Photo Session Presentation Session I Presentation by Mr. Michel Bonnieu, Senior Legal Adviser, UNODC RC for East Asia and the Pacific Individual Presentation by Ms. Piyaphant Udomsilpa, Deputy Director General, Legal Counsel Department, Office of the Attorney General, Thailand Individual Presentation by Ms. Sar Chanrath, Deputy Director, Legal Education and Dissemination Department, Ministry of Justice, Cambodia Individual Presentation by Mr. Ferdinand Tandi Andi-Lolo, Investigator and Prosecutor, Office of the Deputy Attorney General for Special Crimes, Attorney General’s Office, Indonesia Individual Presentation by Ms. Ifa Sudewi, Judge, National Court of Central Jakarta, Indonesia Supplementary Commentary by Mr. Mangasi Situmeang, Public Prosecutor, Head of Genocide Section Attorney General’s Office, Indonesia Individual Presentation by Mr. Anthony Kevin Morais, Deputy Public Prosecutor, Law and Prosecution Department, Anti-Corruption Agency, Malaysia — iii — 18 December Presentation Session II Individual Presentation by Ms. Lwin Lwin Aye Kyaw, Judge, Director, Supreme Court, Myanmar Individual Presentation by Ms. Deana Perez, Senior State Prosecutor, National Prosecution Service, Department of Justice, the Philippines Individual Presentation by Mr. Nguyen Dang Thang, Legal Expert and Prosecutor’s Assistant, International Co-operation Department,
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