NINTH REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES Hosted by UNAFEI With the support of the Corruption Eradication Commission and the Attorney General’s Office of Indonesia 24-26 November 2015, Jakarta, Indonesia March 2016 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 policies of UNAFEI, the Government of Japan, or other organizations to which those persons belong. YAMASHITA Terutoshi Director United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 1-26 Harumi-cho, Fuchu, Tokyo 183-0057, Japan http://www.unafei.or.jp [email protected] FOREWORD It is my great pleasure and privilege to present this report of the Ninth Regional Seminar on Good Governance for Southeast Asian Countries, which was held in Jakarta, Indonesia from 24–26 November 2015. The Good Governance Seminar was held in Indonesia for the first time, and we were deeply impressed and touched by the warm hospitality afforded to us by our Indonesian hosts. The main theme of the Seminar was “Current Challenges and Best Practices in the Investigation, Prosecution and Prevention of Corruption Cases—Sharing Experiences and Learning from Actual Cases”. The Seminar was attended by one visiting expert from Hong Kong and 19 criminal justice practitioners who attended from Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Viet Nam. The Seminar was co-hosted by UNAFEI, the Corruption Eradication Commission (KPK) and the Attorney General’s Office of the Republic of Indonesia. The Seminar explored the legal frameworks and techniques for anti-corruption enforcement in the participating countries, particularly in reference to international cooperation, asset recovery, and public–private partnerships to combat and prevent corruption. Through discussion of the issues, participants exchanged knowledge, experiences, effective strategies, and best practices in the field of anti-corruption. In addition, the Seminar enabled the participants to develop personal and professional contacts between anti-corruption authorities and investigators in Southeast Asia. The discussions during the Seminar emphasized the following lessons, such as the importance of: (1) informal information sharing among anti-corruption authorities, (2) enhancing specialized financial knowledge among investigators and prosecutors to increase the effectiveness of asset recovery, and (3) engaging the private sector and the general public to identify and prevent acts of corruption. The Chair’s Summary, published in this report, details the key findings and conclusions of the Seminar. It is a pleasure to publish this Report of the Seminar as part of UNAFEI’s mission, entrusted to it by the United Nations, to widely disseminate meaningful information on criminal justice policy. Finally, on behalf of UNAFEI, I would like to express my sincere appreciation to the KPK and the Attorney General’s Office of the Republic of Indonesia for their tremendous support in co-hosting the Ninth Regional Seminar. YAMASHITA Terutoshi Director, UNAFEI March 2016 INDEX CURRENT CHALLENGES AND BEST PRACTICES IN THE INVESTIGATION, PROSECUTION AND PREVENTION OF CORRUPTION CASES—SHARING EXPERIENCES AND LEARNING FROM ACTUAL CASES Introduction ................................................................................................................................... 1 Opening Remarks by Mr. Terutoshi Yamashita, Director, UNAFEI ........................................ 2 Opening Remarks and Keynote Address by Mr. Adnan Pandu Praja, Vice Chairman, Corruption Eradication Commission of the Republic of Indonesia ................................. 4 Keynote Address by Mr. Taro Morinaga, Deputy Director, UNAFEI ..................................... 9 Report of the Seminar Chair’s Summary..................................................................................................................... 16 Papers and Contributions ............................................................................................................ 25 Visiting Expert, Mr. Tony Kwok Man-wai, Anti-Corruption Consultant and former Vice Commissioner of the Independent Commission Against Corruption, Hong Kong ...... 26 Brunei Darussalam .................................................................................................................. 58 Cambodia ................................................................................................................................ 67 Indonesia ................................................................................................................................. 78 Lao PDR .................................................................................................................................. 88 Malaysia ................................................................................................................................ 101 Myanmar ................................................................................................................................ 112 Philippines .............................................................................................................................. 118 Thailand................................................................................................................................. 169 Viet Nam ............................................................................................................................... 176 List of Participants, Speakers and Organizers ........................................................................... 185 Seminar Schedule ...................................................................................................................... 187 Appendix ................................................................................................................................... 189 Photographs ....................................................................................................................... 190 INTRODUCTION Opening Remarks by Mr. Terutoshi Yamashita Director of UNAFEI *** Mr. Adnan Pandu Praja Vice Chairman Corruption Eradication Commission Republic of Indonesia *** Keynote Address by Mr. Taro Morinaga Deputy Director, UNAFEI - 1 - OPENING REMARKS YAMASHITA Terutoshi* Honourable guests, distinguished experts and participants, ladies and gentlemen, Good morning. I am YAMASHITA Terutoshi, Director of UNAFEI. First of all, I would like to apologize for not being able to attend the seminar this year. Personally, I have deep interest in this seminar in Jakarta because I had made the acquaintances of many criminal justice officials including many Indonesian practitioners when I was a faculty member of UNAFEI for three years beginning in 1995. Also, I conducted research on the judicial system of Indonesia as a member of a JICA research group in 2002 and published a research report on the Indonesian justice system in Japanese. I believe that the report has led to JICA projects in the field of Indonesian civil and commercial law. So, I am filled with fond memories when I reflect upon those days. As for this seminar, its main theme is “Current Challenges and Best Practices in the Investigation, Prosecution and Prevention of Corruption Cases – Sharing Experiences and Learning from Actual Cases”. Not only legal systems but also actual practices are important when considering the criminal justice response to corruption. Sharing actual cases is the most effective way for practitioners to learn the current situations and challenges in each country. In this seminar, you will focus especially on the following two sub-topics: The first is “Mutual Legal Assistance and Recovery of Proceeds of Corruption” and the second is “Public–Private Partnership to Prevent and Detect Corruption”. Nowadays corruption crosses international borders easily, and criminal justice officers need to cooperate with foreign authorities in collecting evidence during the investigation and prosecution of corruption cases. We are expected to rapidly identify, trace, freeze, confiscate and repatriate illicit proceeds of corruption that have poured out to other countries. So, importance should be placed on strengthening cooperation with authorities in other countries through mutual legal assistance and informal information exchanges. On the other hand, investigative and prosecutorial authorities to detect and punish corruption have faced difficulties because the modus operandi of corruption is becoming more complicated and sophisticated. Cooperation with the private sector must also be strengthened in order to prevent and detect corruption effectively. We need to improve information sharing related to corruption cases from the private sector through effective whistle-blower protection programmes, witness protection programmes and so on. It is important to collaborate with private companies and the general public before corruption is committed. Eradication of corruption is difficult unless we take general and comprehensive countermeasures not only from the perspective of law enforcement but also from the perspective of prevention. I hope this seminar will enhance and improve the practices of investigation, prosecution and prevention of corruption in Southeast Asian countries through * Director, United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of