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COURSE TITLE: COMPARATIVE MODELS OF POLICING

COURSE NO.: LEA 131

I. CHAPTER TITLE: POLICING IN A GLOBAL PERSPECTIVE

A. POLICING IN ACROSS NATIONAL BORDERS

In recent years, police research has been concerned, more than ever before, with
dimensions of law enforcement that traverse the borders of national-legal jurisdictions. This
research has revealed that police officials often operate outside the borders of their countries,
although police institutions are by definition sanctioned by the governments to fight crime and
maintain order within the borders of their country.

International police research has been applied in a variety of contexts. Thus, research has
been devoted to recent developments in the control of national borders, the international activities of
national and local police organizations, and the formation of international network of police.

Research has revealed that:


a. Police agents working abroad are less guided by judicial control and political supervision and
more likely to do whatever tasks they see fit given the circumstances.
b. Police abroad may as such be less guided by concerns related to civil rights and democratic
procedure.
This democratic deficit of international policing is seen as an important social problem,
because it can lead to abuses by police. James Sheptycki (1996), for instance, has raised concerns
over the lack of accountability that arises from the police agents investigating suspects in foreign
countries without the limitations that are placed on police organizations in their own country.
Particularly in the fight against drugs and drug trafficking, Sheptycki notes that police agencies rely
on international networks that can be effective, but difficult to monitor, thus undermining the ideal of
democratic oversight.

Also related to democratization in the new global order are the efforts by the police from
established democratic regimes to assist with the reorganization of law enforcement in the newly
formed and evolving democracies of the world. Comparative police expert David Bayley (1995) has
argued that police institutions are central in the democratization process, because law enforcement
agencies are such a visible instrument of power with which many citizens are confronted. Bayley
suggest that US authorities can assist foreign governments with democratizing their police, if at
least some conditions are fulfilled. For example, Bayley argues, foreign police should be assisted by
US agents only if the political system of the foreign country is genuinely democratic and if efforts are
made by foreign police to eliminate all forms of corruption.

B. LAW ENFORCEMENT IN GLOBAL ARENA


How can the police or law enforcement agencies safeguard life and human dignity in a global
scale?

The system and norms are codified in a widely endorsed set of international undertakings, like:
a. the "International Bill of Human Rights" Universal Declaration of Human Rights, international Covenant
on Civil and Political Rights, and
b. International Covenant on Social and Economic Rights; phenomenon specific treaties on war crimes

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c. Geneva Conventions, genocide, and torture; and protections for vulnerable groups such as the UN
Convention on the Rights of the Child and the Convention on the Elimination of Discrimination against
Women.
d. International dialogue on human rights has produced a distinction between three "generations" of
human rights, labeled for their historical emergence.
e. Security rights encompass life, bodily integrity, liberty, and sometimes associated rights of political
participation and democratic governance.
f. Social and economic rights, highlighted in the eponymous International Covenant, comprise both
negative and positive freedoms, enacted by states and others: prominently, rights to food, health care,
education, and free labor.

With this is the creation of an international regime to enforce these UN declarations, bills and
other international standards. We may call it "Universal Declarations". However, the very process of
globalization blurs distinctions among categories of law enforcement due to racial differences and states
own standards or laws.

Analyst on crime control have identified of psychological, social, economic, and political
patterns that put societies "at risk" of law and other violations. These generally include authoritarian
government, civil war, strong ethnic cleavages, weak civil society, power vacuums, critical junctures
in economic development, and military dominance. Above all, the study of human rights teaches us
that human rights violations usually reflect a calculated pursuit of political power, not inherit evil or
ungovernable passions.

C. EFFECTS OF GLOBALIZATION TO LAW ENFORCEMENT


Every law enforcement agency in the world is expected to be the protector of the people's
rights. Globalization has great impact on every human right.

The emergence of an "international regime" for state security and protection of human
rights, growing transnational social movement networks, increasing consciousness and information
politics have the potential to address both traditional and emerging forms of law violations. Open
international system should free individuals to pursue their rights, but large numbers of people seem
to be suffering from both long-standing state repression and new denials of rights linked to
transnational forces like international terrorism and other acts against humanity.

The challenge of globalization is that unaccountable flow of migration and open markets
present new threats, which are not amenable to state based human rights regimes, while the new
opportunities of global information and institutions are insufficiently accessible and distorted by
persistent state intervention.

D. OPPORTUNITIES FOR LAW ENFORCEMENT


While globalization brings the threats and many other threats to law enforcement,
opportunities like the following are carried:
a. Creation of International tribunals to deal with human rights problems
b. Humanitarian interventions that can promote universal norms and link them to the enforcement
power of states;
c. Transnational professional network and cooperation against transnational crimes;
d. Global groups for conflict monitoring and coalitions across transnational issues

E. CHALLENGES OF GLOBALIZATION IN THE FIELD OF LAW ENFORCEMENT


In the law enforcement and security sphere, states respond with increased repression to
fragmentation, transnationalized civil war, and uncontrolled global flow such as migrants and drug
trafficking. Transborder ethnic differences help inspire civil conflict, while the global arms trade
provides its tools.

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Even extreme civil conflicts where states deteriorate into warlordism are often financed if not
abetted by foreign trade: diamonds in the Congo and Sierra Leone, cocaine in Colombia. While non-
state actors like insurgents and paramilitaries pose increasing threats to human rights, state
response is a crucial multiplier for the effect on citizens. Since all but the most beleaguered states
possess more resources and authority than rebels, they can generally cause more damage-and
human rights, monitoring in a wide variety of settings from Rwanda to Haiti attributes the bulk of
abuses to state (or state-supported) forces. States also differ in their ability and will to provide
protection from insurgent terror campaigns (like that in Algeria).

Global economic relationships can produce state policies that directly violate social and
labor rights and indirectly produce social conflict that leads to state violations of civil and security
rights. While global windfalls of wealth may also underwrite repressive and predatory states, as in
Angola, where oil revenues have fueled repression and civil war Harden 2000). It is stated that it
largely determines labor rights and security response to labor dissidence; states also regulate
multinationals, certify unions, and form joint ventures with global inventors.

The challenge now is on how every state pursues a strong relationship in the area of
policing these global wrongs.

F. THREAT OF GLOBALIZATION TO LAW ENFORCEMENT


Some threats brought about by globalization are:
a. Increasing volume of human rights violations evident by genocide or mass killing;
b. The underprivileged gain unfair access to global mechanism on law enforcement and security;
c. Conflict between nations;
d. Transnational criminal networks for drug trafficking, money laundering, terrorism, etc.

G. EFFECTS OF GLOBALIZATION ON HUMAN RIGHTS

The effect of globalization on state-based human rights violations will depend on the type
of state and its history. In newly democratizing countries with weak institutions and elite-controlled
economies (Russian, Latin American, and Southeast Asia), the growth of global markets and
economic flow tends to destabilize coercive forces but increases crime, police abuse, and
corruption.

Global mobility and information flow generally stimulate ethnic mobilization, which may promote self-
determination in responsive states but more often produces collective abuses in defense of
dominant-group hegemony. On the other hand, the same forces have produced slow institutional
openings by less fragmented single-party states (like China and Mexico). In much of Africa,
globalization has ironically increased power vacuums, by both empowering sub-state challengers
and providing sporadic intervention, which displaces old regimes without consolidating new ones.
Some of the most horrifying abuses of all have occurred in the trans nationalized Hobbesian civil
wars of Sierra Leone, Angola, and Congo.

In general, analyst of globalization finds that states' international integration improves


security rights, but increases inequality and threatens the social rights of citizens. However, neither
economic development nor economic growth in and of themselves improves law enforcement
capabilities and human rights performance. In addition to globalization and growth, findings on the
effectiveness of international pressure on state human rights policy suggest that target states must
be structurally accessible, internationally sensitive, and contain local human rights activists for
linkage.

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A. THEORIES OF POLICING

Schneider (2001) summarizes the various theories that exist with empirical support:

a. The first theory, which might be called the alertness to crime theory. Is that as a nation
develops, people's alertness to crime is heightened. They report more crime to police and demand
the police to become more effective in solving crime problems.

b. The second theory, which might be called the economic or migration theory, is that crime
everywhere is the result of unrestrained migration and overpopulation in urban areas such as
ghettos and slums.

c. The third theory, opportunity theory, is that long with higher standards of living, victims become
more careless of their belongings, and opportunities for committing crime multiply.

d. The fourth theory, called demographic theory, is based on the event when a greater number of
children are being born. As these baby booms grow up, delinquent subcultures develop out of the
adolescent identity crisis.

e. A fifth theory, deprivation theory, holds that progress comes along with rising expectations.
People at the bottom develop unrealistic expectations while people at the top don't see themselves
rising fast enough.

f. A sixth theory, modernization theory, sees the problem as society becoming too complex
g. A seventh theory, the theory of anomie and synomie (the latter being term referring to social
cohesion on values), suggest that progressive lifestyle and norms result in the disintegration of older
norms that once held people together (anomie).

B. COMPARATIVE LAW ENFORCEMENT


Generally, the practice of law enforcement emanates from the following Societal Type of
Police System.

There are four kinds of societies in the world, these types of society prescribe different perspective
of police system which will match to their interest and motivations. The police structure and
management differ significantly in each of these types of society.

a. Folk-communal society - has little codification of law, no specialization among Police, and a
system of punishment that just let things go for a while without attention until things become too
much, and then harsh, barbaric punishment is resorted to. Classic examples include the early
Roman gentiles, African and Middle Eastern tribes, and Puritan settlements in North America

b. Urban-commercial society - has civil law (some standards and customs are written down),
specialized police forces (some for religious offices, others for enforcing the King's law), and
punishment is inconsistent, sometimes harsh, sometimes lenient. Most of the Continental Europe
developed along this path.

c. Urban-industrial society - not only has codified laws (statutes that prohibited) but laws that
prescribe good behavior, police become specialized in how to handle property crimes, and the
system of punishment is run on market principles of creating insensitive and disincentives. England
and the U.S. followed this positive legal path.

d. Bureaucratic society - has a system of laws (along with armies of lawyers), police who tend to
keep busy handling political crime and terrorism, and a system of punishment characterized by over

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criminalization and overcrowding. The U.S. and perhaps only eight other nations fit the bureaucratic
pattern. Juvenile delinquency is a phenomenon that only occurs in bureaucratic society.

Some people also talk about a fifth type:


e. Post-modern society, where the emphasis is upon the meaning of words and the deconstruction
of institutions.

Developing countries tend to be lumped into the first two (1) and (2) types, and the study
of culture becomes more important in these contexts. Developed countries tend to be the last two
(3) and (4) types, and the study of the structures becomes more important. The study of culture
involves the study of customs and folkways of the people. The study of social structure involves the
study of institutions, like economic and political systems.

VARIABLE AFFECTING SYSTEM COMPARISON ON POLICE SYSTEM

a. Many comparativists romanticize the folk-communal society for its low crime rates as well as the
way most quarrels and conflicts are settled privately. However, folk societies are also known for
"lumping it" which, is the process of letting things go on longer until it's too much to tolerate
anymore. Nonetheless, folk societies work very hard to avoid the over criminalization common to
modern bureaucratic societies.

b. The most frequently studied variable in comparative police system and criminal justices is
urbanization, or the process of internal migration from the countryside to the cities. It is suspected
that urbanization dissolves family ties, creates culture of poverty, and produces a stabilized criminal
underworld consisting of well-defined criminal career pathways.

c. Also of importance are the variables of colonization and underdevelopment, as these processes
of globalization shape underdog ideologies among exploited Third World people which come back
in the form of terrorism against the more developed countries. However, an event is not the cause
of crime if it occurs when crime rates are falling.

C. TYPES OF POLICE SYSTEMS


It is the consensus of experts that there are four types of police system adopting the
criminal justice systems in the world:

a. Common law systems - are also known as Anglo-American justice, and exist in most English-
speaking countries of the world, such as the U.S ., England, Australia, and New Zealand. They are
distinguished by a strong adversarial system distinctive in the significance they attach to precedent.
They primarily rely upon oral system of evidence in which the public trial is a main focal point.

b. Civil law systems - are also known as Continental justice or Romano-Germanic justice, and
practiced throughout most of the European Union as well as elsewhere, in places such as Sweden,
Germany, France, and Japan. They are distinguished by a strong inquisitorial system where less
right subject is granted to little interpretation.to the accused, and the written law is taken as gospel
and subject to little interpretation.

For answer, example, a French maxim goes like this: "If a judge knows the answer, he must not be
prohibited from achieving it by undue attention to regulations of procedure and evidence." By
contrast, the common law is for a judge to at least suspend belief until the event of the trial is over.
Legal scholarship is much more sophisticated and elitist in civil law system, as opposed to the more
democratic common law countries where just about anybody can get into law school. Romano-
Germanic systems are founded on the basis of natural law, which is a respect for tradition and
custom.

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c. Socialist system- is also known as Marxist-Leninist justice, and exists in many places, such as
Africa and Asia, where there had been a Communist revolution or the remnants of one. They are
distinguished by procedures designed to rehabilitate or retrain people into fulfilling their
responsibilities to the state. It is the ultimate expression of positive law, designed to move the state
forward toward the perfectibility of state and mankind. It is also primarily characterized by
administrative law, where non-legal officials make most of the decisions. For example, in a socialist
state, neither judges nor lawyers are allowed to make law. Law is the same as policy, and an
orthodox Marxist view is that eventually, the law not be necessary.

d. Islamic system - are also known as Muslim or Arabic justice, and derive all their procedures and
practices from interpretation of the Koran. There are exceptions, however. Various tribes are
descendants of the ancient Greeks and practice Urrf law rather than the harsher Shariah
punishments. Islamic systems in general are characterized by the absence of the positive law and
are based more on the concept of natural justice. Regional plays an important role in Islamic
systems. Most nations of this type are theocracies, where legal rule and religious rule are together.

Each society also has its own customary law or tribal traditions. Many parts of Africa, for
example, have reverted back to a tribal system because they could not accommodate their heritage
of colonialism, which essentially involved the problem of mixed Common, Civil, Socialist and Islamic
influences. Tribal justice systems tend to be characterized by arrest without trial and other summary
procedures.

In other parts of the world, such as Latin American, the problem has been modernization.
Advances in technology and the profits of drug crime have outpaced the capability of Western-
oriented justice systems, and what would normally be a trend toward decriminalization has become
a haphazard set of legal practices that are sometimes lenient and the sometimes harsh.
Traditionalism, colonialism, modernization, and increasing tendency for crime to become
transnational in an international marketplace from the components of the globalization problem in
criminal justice.

e. Each type of system - Common, Civil, and Socialist, Islamic-has local variation. Even in English-
speaking countries, for example, there is variation in;
a. Canadian justice, places more emphasis upon the right to a fair trial, free from
prejudicial publicity. In Canada, the public and the media are usually banned from the
courtroom, and there is little interest in crime news.

b. In England, there is more emphasis upon fairness in sentencing, and making sure the
guilty being punished. English police dossiers along with two types of lawyers and two types
of courts help ensure this.

POLICE SYSTEM VS. CRIMINAL JUSTICE SYSTEM


With these influences of societal systems, Police system and Criminal Justice System
around the world varies depending on the kind of legal system. With the exceptions of Japan and
the Common Law nations, few countries hold their police officers accountable for violations of civil
rights. In Socialist and Islamic countries, the police hold enormous political and religious powers. In
fact, in such places, crime is always seen as political crime or co-occurring religious problem

A. SELECTED LAW ENFORCEMENT MODELS


 MODEL POLICE SYSTEM

a. Continental policing- is traditional in nature as it based its crime control efficiency to the
number of arrests and people being put to jail for punishment.

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b. The modern system - uses measurement of crime control efficiency and effectiveness
based on absence of crime or low crime rate to include citizen’s satisfaction in terms of
peace and order that propels progress.

 SELECTED POLICE MODELS


1. SWITZERLAND POLICE
Country - Switzerland
Police system- iron fist: punishment of the offender in accordance with law
- Velvet glove : Government analyze the family background of the offender and
employ a long term treatment plan
Organization- hierarchical
Divisions –traffic
b) Internal security
c) Other specialized units
Jurisdictions-as to:
a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
International relations – network with the Interpol
Crime Status: very low, reason: the government controls the publication of negative issues.

2. IRELAND POLICE
Country - Ireland
Police system- centralized
Organization- hierarchical
Divisions –traffic
b) Internal security
c) Other
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
International relations – network with the Interpol
Crime Status: unexpectedly low crime rate, Reason: citizens confidence on the efficiency
and dedication of the local authorities

3. EGYPT POLICE
Country - Egypt
Police system- based on communal and informal justice system
Organization- hierarchical
Divisions – a) traffic
b) Internal security
c) Other
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – submission to the law enforcement officers or the folk
leader
International relations – network with the Interpol
Crime Status: little or no crime, Reason: conflicts are resolved by tribal council, no prison
(ex. Siwa Oasis) usual punishment is astracization.

4. POLICE IN CONGO
Country - Congo
Police system- Force Publique, military and police work together; after independence, the
military focuses on external security and the police on domestic security.

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Organization- alternating from centralization to decentralization and transfer of authority to
local forces.
a. Garrison troops – external security
b. Territorial service – internal security
Divisions – a. Chief's Police, a rural force based in the local territories, maintained order
and also functioned as messengers, jailers, and court attendants.
b. province maintained its own force, which was officered by former Belgian
policemen
Head- National Police chief under the ministry of interior and security
Ranks: a) commission officers – chiefs
b) Non-commission officers – Gendermares or paratroopers
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
International relations – under the supervision of the Belgian and British police
Crime Status: from chaotic to moderate; Reason: brought about by transition of
governments from Post-colonial to post-colonial and independence in 1975.

5. Royal Bahamas Police Force


Country - Bahamas
Police system- Royal Bahamas Police Force, primary line of defense and protection for
Bahamians.
Organization- centralized, under the Free National Movement government which took over
in 1992.
Divisions – localized to municipalities and islands
Head- commissioner of police
Ranks: a) commission officers – chiefs
b) Non-commission officers – junior police officers
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
International relations – with network to United Kingdom, Canada and U.S
Crime Status: fairly peaceful but under threat from terrorism.

6. Royal Canadian Mounted Police


Country - Canada
Police system- Royal Canadian Mounted police (Mounties).
Organization- RCMP enforce federal laws; localized, Provincial and municipal police, under
the provincial government.
Divisions – federal, provincial and municipal
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
International relations – with network to Interpol through the RCMP International
Operations branch (IOB)
Crime Status – fairly peaceful, reason: all police forces are well coordinated from local to
the federal

7. Mexico Police
Country - Mexico
Police system- diverse
Organization- multiple forces
Divisions – federal states to municipal levels
a. Judicial police- responsible in the investigation of cases

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b. Preventive police- maintaining order and law at all parts of the nation
Head- attorney general, heads the federal judicial police, the most important police force
Jurisdictions-as to: a) operations - departmentalize
b) Investigations - specialized
c) Arrest – regular; with warrant and without warrant
d) Traffic police the biggest force
International relations – with network to Interpol
Crime Status-fairly peaceful, have the biggest trouble in drugs

8. Australian POLICE-
Country - Australia
Police system- federal and state police system, under the office of the minister
Organization- federal police in each territory, under commonwealth agency
Divisions – eight separate forces; 6 state police force; federal police and specialized
government police force, i.e: health inspectors, tax officials etc.
Jurisdictions- detecting and investigating crimes against commonwealth laws; arrest,
search and seizures are done on regular rules.
International relations – with link to the Interpol
Crime Status- peace and order is moderate due to police discretion which they are allowed
to use:
a. Appropriate force
b. Lethal force

9. Hawaii Department of Public Safety


Country - Hawaii
Police system- homeland Security
Organization- a) department of public safety, governs the Hawaii sheriff office
b) Hawaii Police department – tasked to preserve the spirit of aloha
Divisions – a) departmentalized ex. Narcotics enforcement division
b) Sheriff division patch – performs general police functions
Jurisdictions- departmentalized; a) NED
b) Highway patrol group
c) K9 etc.
International relations- with network to Interpol
Crime Status- stable with strict reference to:
Core Values
a. Integrity
b. Professionalism
c. Compassion
d. Teamwork
e. Community Satisfaction

10. Royal Papua New Guinea Constabulary


Country - Papua New Guinea
Police system- localized
Organization- Royal Papua New Guinea Constabulary (RPNGC)
Divisions – a) police commissioner acts as head under the ministry
b) Constables – tasked to all law enforcement functions
c) Community Auxiliary Police, volunteer forces that aid in policing rural
communities.
d) Does not have a tradition of strong local police authorities.
Jurisdictions- general police functions all throughout
International relations- emanates and linked to British and Australian colonial
administration

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Crime Status- unstable due to presence of police abuses specially on women

11. New Zealand Police


Country - New Zealand
Police system- centralized
Organization- single national force under the Police Force Act of 1886. New Zealand
National Police, headed by the Minister of Police
Divisions – a) constables holds common law power to arrest, their power is given by
magistrates
b) Entire police force is headed by a commissioner
Jurisdictions- enforcement of criminal and traffic laws
International relations- linked with Royal Irish constabulary and Wales police force
Crime Status- stable, no noted police abuses

12. Law enforcement in Argentina


Country - Argentina
Police system- twin; Federal and Provincial
Organization- a) Argentina Federal Police, most important police force, territorial force;
b) 23 provincial police force, which conduct and manage their own
administration
Divisions – interior security tasks:
a. President of Argentina
b. Governors and police agencies of the Argentine provinces
c. Argentine National Congress
d. Ministries of Interior, Defense, and Justice
e. Policía Federal Argentina (Argentine Federal Police; PFA)
f. Gendarmería Nacional Argentina (Argentine National Gendarmerie; GNA)
g. Prefectura Naval Argentina (Argentine Naval Prefecture; PNA)

Argentina has the longest police transitions due to its history of police force starts in
1580 and is divided in three stages. The first one includes the Policía de Buenos Aires
(Buenos Aires Police), for the first three hundred years up to 1880. The second stage (1880-
1943) corresponds to the Policía de la Capital (Police of the Capital), and the last one to the
present PFA (since 1943).
Jurisdictions- a) federal police – acts as nationwide police force
b) Provincial assumes functions of local police
International relations- with network to Interpol
Crime Status- stable, the recruitment process and qualifications are rigid

13. Law enforcement in Brazil


Country - Brazil
Police system- multiple;
Organization- Federal and State Government
Divisions – the Federal Constitution establishes five different law enforcement
institutions: the Federal Police, the Federal Highway Police, the Federal Railway Police, the
State Military Police and Fire Brigade, and the State Civil Police. Of these, the first three are
affiliated to federal authorities and the latter two subordinated to state governments. All
police institutions are part of the Executive branch of either federal or state government.
Jurisdictions- There are two primary police functions: maintaining order and law
enforcement. When criminal offences are committed in violation of federal laws, federal
police forces carry out those functions. Likewise, when state laws are violated, the
corresponding state police forces undertake police activities.
International relations- with link to Interpol
Crime Status- stable due to well defined functions

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14. Law enforcement in British Columbia, 2005
Country - British Columbia (Canadian Territory)
Police system- localized
Organization- law enforcement supplied mainly by municipal forces with funds from the
federal government
Divisions – a) federal forces
b) Great Vancouver Transport Authority Police Service
c) Organized crime Agency (combined force special enforcement unit)
d) Conservation officer service
e) Canadian National and Pacific Railway Police forces (dependencies of
Canada)
f) Municipal law enforcement officers
Jurisdictions- the federal police serves as national law enforcer; the special units enforces
their specific functions
International relations- dependent to Royal Canadian Mounted Police
Crime Status- stable, the Canadian government gives full support

15. Japan Police


Country - Japan
Police system- centralized police system which is apolitical body (introduces the coban
system) National Public Safety Commission is to guarantee the neutrality of the police by
insulating the force from political pressure and to ensure the maintenance of democratic
methods in police administration.
Organization- a) National Police Agency – conducts general supervision
b) Independent judiciary – conduct checking
c) Free and active press – conducts monitoring of police functions
Divisions – a) special higher police (Tokko) – regulate content of motion pictures,
meetings, and election campaigns
b) Imperial Japanese Army/Military Police (Kempetai)and Imperial Japanese
Navy (Toketai) operates in their respective services
c) Justice and Home ministries – aid the civilian police limiting proscribed
political activity.
Local forces include:
a. forty-three prefectural (ken) police forces;
b. Tokyo Metropolitan (to) police force, in Tokyo;
c. two urban prefectural (fu) police forces, in Osaka and Kyoto; and
d. One district (dō) police force, in Hokkaidō.
Jurisdictions- The centralized police system controlled almost all aspects of daily life,
including fire prevention and mediation of labor disputes. The system regulated public
health, business, factories, and construction, and it issued permits and licenses. The Peace
Preservation Law of 1925 gave police the authority to arrest people for "wrong thoughts".
International relations- internationally linked, it is the only Asian police system which is
most researched and patterned?
Crime Status- most stable due to well defined functions and motivated police officers

16. Police Organization in China


Country - China
Police system- Prefecture system: diverse law enforcement, policing is just one function
predominated by order preservation
Organization- first police system was traced from France under King Louis XIV,
Divisions – prefects were government officials appointed by local magistrates, who in
turn were appointed by the head of state, usually the emperor of the dynasty. The prefects
oversaw the civil administration of their "prefecture," or jurisdiction.

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Jurisdictions - Prefects usually reported to the local magistrate, just as modern police
report to judges. Under each prefect were "subprefects" who helped collectively with law
enforcement of the area. Some prefects were responsible for handling investigations, much
like modern police detectives.
International relations-internationally linked
Crime Status - stable

17. Singapore Police Force


Country - Singapore
Police system- centralized; Singapore Police Force, tasked in maintaining law and order in
the city state.
Organization- split between staff and line functions
Divisions – a) 15 staff departments
b) 13 line units
Jurisdictions –
a) Police national servicemen, with the primary aim of guarding key installations and to act
as a reserve unit. it expanded their role to more functions, which ranges from administration,
investigation to front-line policing alongside their regular counterparts.
b) Volunteers- Civilian staff -Civilian staff in the Police Force is deployed in areas such as
technology, logistics, and human resource and administrative and finance services as well
as planning and intelligence. The civilian staff schemes fall under the general civil service
schemes managed by the Public Service Division.
International relations- internationally linked because of its consistent public image ratings.
Crime Status - stable due to its positive public image, ranked top five in police
competitiveness despite its low police to citizen ration, the anti fire arm law of 1823 is strictly
implemented

 POLICE MODEL COMPARISON

PARTICULAR PHILIPPINES COLUMBIA MYANMAR JAPAN NEW ZEALAND

Philippine National Police of


Organizational People’s Police Law Enforcement New Zealand
National Columbia Policia
Name force in Japan Police
Police(PNP) National

Department of
the Interior and New Zealand
Ministry on Ministry of Home National Police
Agency local Government/
National Defense Affairs Agency or NPA
Government Ministry of Police
(DILG)

Entrance Age 21 years old 21 years old 18 years old 21 years old 20 years old

Retirement age 56 years old 50 years old 60 years old 60 years old 55 years in service

Patrolman Police Officer


Minimum Rank Patroller Constables Constable
(Junsa)

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Commissioner of Chief
Police Director
Highest Rank Police General Columbia/Nation Superintendent Commisioner
General
al Police (Keishie)

Upper-secondary-
High school
Minimum Baccalaureate Baccalaureate school graduate
Graduate/Colleg Tertiary Education
Qualification Degree Holder Degree Holder and university
e Graduate
Graduates

PARTICULAR AUSTRALIA AFGHANISTAN SRI LANKA SPAIN INDIA

Australia
Organizational Federal Afghanistan Cuerpo National Indian Police
Sri Lanka Police
Name Police (AFP) National Police Police (CNP) Service (IPS)

Federal North Atlantic Ministry of


Bureau of Treaty defense, Public Cuerpo Superior India Police Agency
Agency
Narcotic Organization(NA Security, Law De Policia (CSP) (IPC)
Australia TO) and order

Entrance Age 21 years old 18 years old 22 years old 18 years old 21 years old

Retirement age 57 years old 58 years old 58 years old 67 years old 60 years old

Probation Police Constable Police Constable


Minimum Rank Sergeant Private
Constable Rank4 (PC)

Director
Master General Inspector
Highest Rank Commissioner Lieutenant Intelligence Bureau
Chief General of Police
(DIB)

Minimum Bachelor’s High School Secondary


Baccalaureate Bachelor Degree
Qualification Degree Graduate Education

PARTICULAR MALAYSIA HONGKONG THAILAND CHILE PAKISTAN

Organizational Royal Malaysia Hongkong Police Carabeneros de Pakistan National


Royal Thai Police
Name Police (RMP) Force (HKPF) Chile Police (PNP)

13
Thailand National
Malayan Union Federal
Security Bureau Police Ministerio de
Agency Police Force Investigation
of Hongkong Department Defensa Nacional
(MUPF) Agency
(TNPD)

Entrance Age 20 years old 18 years old 20 years old 15 years old 20 years old

Retirement age 58 years old 60 years old 50 years old 49 years old 60 years old

Aspiranti a Official
Police constable
Minimum Rank Constable Constable/Police (Officer Aspirant) Constable
(PC)

Inspector
Commissioner of Director General Inspector General
Highest Rank General Police Police General
Police (General Director of Police
(IGP)

Five Subjects
Have a High including
Minimum High School Baccalaureate High School
School Chinese
Qualification Graduate Degree Degree
Diploma language and
English language

PARTICULAR ARGENTINA INDONESIA BRUNEI LAOS FRANCE

National Police
Police Federal
Organizational Indonesia Royal Brunei Laos National France (Police
of argentine
Name National Police Police Force Police Nationale de
(PFA)
France)
Under Secretary
Policia de for Public Polis Diraja Brunei Ministry of
Agency Ministry of Interior
Buenos aires Diplomacy and (PDRB) Defense
Public Affairs

Entrance Age 21years old 18 years old 18 years old 21 years old 17 years old

Retirement age 55 years old 45 years old 60 years old 60 years old 60 years old

Second
Gardien de la paix
Candidate or Bhayangkara/
Minimum Rank Corporal Private (Keeper of the
Cadet bhayangkara
peace)
Dua (Bharada)

Superintendent Directeur general


Police
General or de la police
Highest Rank General/Jenderal Inspector General General
Commissioner nationale (Derictor
Polisi (Jend.Pol.)
General General)

14
voluntary military
required to posses
service; 2years
atleast the Brunei French
Minimum University conscript service
Junior Certificate Bachelor Degree Baccalaureate
Qualification Degree obligation to age
of Degree
45;Indonesia
Education(BJCE)
citizens only

UNITED
PARTICULAR URUGUAY GERMANY ABU DHABI CHINA
KINGDOM

Organizational National Police Federal Police of Abu Dhabi Police Metropolitan National Police
Name of Uruguay Germany (ADP) Police Service Agency

Ministry of the
Federal Ministry Ministry of
Agency Interior of Ministry of Interior Ministry of Interior
of Interior defense
Uruguay

Entrance Age 21 years old 16 years old 18 years old 18 years old 18 years old

Retirement age 54 years old 60 years old 60 years old 62 years old 60 years old

Republican
Guard Policemen/
Minimum Rank Senior Constable Policeman Police Rank 4
Metropolitan Constable
Guard
Police Supervisor
Ministry of the Commander National
Highest Rank Inspector Police Rank 1 (Police
Interior General Commissioner
General)

High school
Minimum High School Complete college Bachelor’s High School
/College
Qualification Degree Education Degree Graduate
Graduate

UNITED STATE
PARTICULAR SUDAN SINGAPORE ISRAEL BRAZIL
OF AMERICA

Organizational Sudan Police Policia Militar


Singapore Police Israel Police State Police
Name Force (PM)
National Public
Department of
Ministry Singapore Minister of Internal Security And
Agency Laws and Public
Interior Agency Affairs Social Defense
Safety
System
Entrance Age 18 years 18 years old 21 years old 18 years old 21 years old
55 years old
Retirement age 55 years 45 years old 55 years old 49 years old Except
Superintendent
Volunteer
Lance Private
Minimum Rank Special Constable Trooper
Corporal (Soldado)
Constable

15
Inspector Commissioner of Colonel
Highest Rank Inspector General Superintendent
General Police (Coronel)

 Must be
proficien
t in
Secondary
English Bachelors Degree
Minimum School High School
 Minimu Bachelor’s Degree of Accredited
Qualification Certificate Graduate
m3 University
Examination
GCE’O’
level
credited

PARTICULAR MEXICO

Organizational Federal Police Of


Name Mexico

 Secretariat of
Public Security
 Mexican
Army’s3rd
Brigade of the
Military Police
(Terecera
Brigada E
Policia Federal
Agency
De Caminos)
 Fiscal Police
(Policia Fiscal Federal)
 Interior
Ministry’s Investigation
And National
Security Center(Center
E Investigacion Y
Seguridad Nacional)

Entrance Age 18 years old

Retirement age 60 years old

Minimum Rank Seargent /Private

Highest Rank General/Colonel

Minimum
High School Graduate
Qualification

B. POLICE RANKS OF SELECTED MODEL COUNTRIES IN GENERAL

1. Philippines
Police Director General - Police General, PGEN
Police Deputy Director General - Police Lieutenant General, PLTGEN
Police Director - Police Major General, PMGEN
Police Chief Superintendent - Police Brigadier General, PBGEN
Police Senior Superintendent - Police Colonel, PCOL

16
Police Superintendent - Police Lieutenant Colonel, PLTCOL
Police Chief Inspector - Police Major, PMAJ
Police Senior Inspector - Police Captain, PCPT
Police Inspector - Police Lieutenant, PLT
Senior Police Officer IV - Police Executive Master Sergeant, PEMS
Senior Police Officer III - Police Chief Master Sergeant, PCMS
Senior Police Officer II - Police Senior Master Sergeant, PSMS
Senior Police Officer I - Police Master Sergeant, PMSg
Police Officer III - Police Staff Sergeant, PSSg
Police Officer II - Police Corporal, PCpl
Police Officer I - Patrolman/Patrolwoman, Pat

2. Australia
A. Commissioned Ranks
a. deputy commissioner
b. assistant commissioner
c. commander
d. superintendent
e. inspector
B. Senior non-commissioned Rank
a. senior sergeant
b. sergeant
C. Non-commissioned Rank
a. senior constable
b. constable
c. probationary constable
D. Recuit

3. Belgium
A. Highest Commissioned Rank
a. Hoofdcommissaris/ chief commissioner
b. commissioned rank
c. commissaris/ commissioner
B. Senior non-commissioned Rank
a. hoofdinspecteur/chief inspector or superintendent
C. Non-commissioned Rank
a. inspecteur/ inspector
b. auxiliary rank
c. agent van politie/ auxiliary officer

4. Brazil
A. at the federal level, there are federal police (policia federal equivalent to FBI
a. Federal road police / policia rodoviaria federal
b. Train network police / policia ferroviaria federal
B. at the state level, there are military police/ policia military andpolicia civil
C. at a city level, there are city guards / guardia municipal

5. Canada
A. Royal Canadian Mounted Police
a. Commissioner
b. Deputy Commissioner
c. Assistant Commissioner
d. Chief Superintendent
e. Superintendent
f. Inspector

17
g. Corps sergeant major*
h. Sergeant major*
i. Staff Sergeant Major*
j. Staff sergeant
k. Sergeant
l. Corporal
m. Constable
n. Cadet
B. Police ranks for provincial
a. Commissioner/ chief constable
b. Deputy chief constable
c. Staff superintendent
d. Superintendent
e. Staff inspector
f. Inspector
g. Sergeant major
h. staff sergeant
i. sergeant/ detective
j. Cadet
C. Police ranks for Alberta sheriff
a. chief sheriff
b. deputy chief
c. superintendent
d. inspector
e. branch sergeant major
f. sergeant
g. sheriff III
h. sheriff II
i. Sheriff I
D. Ranks of Surete du Quebec
a. Director General of the QPP
b. Deputy Director
c. Chief Inspector
d. Inspector
e. Captain
f. Lieutenant
g. Sergeant
h. Agent
E. Ranks of the Service de Police de la Ville de Montreal
a. Executive Officers
Director (Directeur)
Associate Director (Directeur-Adjoint)
b. Staff Officers
Chief Inspector (Inspecteur-chef)
Inspector (Inspecteur)
Commander (Commandant)
c. Superior Officers
Lieutenant (Lieutenant)
d. Officers
Sergeant
e. Constables
Senior Constable (Agent Sénior)
Constable (Agent)
F. Canadian Auxiliary Police Ranks
a. Auxiliary staff superintendent
b. Auxiliary superintendent

18
c. Auxiliary staff inspector
d. Auxiliary inspector
e. Auxiliary sergeant major
f. Auxiliary staff sergeant
g. Auxiliary sergeant
h. Auxiliary constable

6. CHINA
a. Police Rank 4 警佐四階
b. Police Rank 3 警佐三階
c. Police Rank 2 警佐二階
d. Police Rank 1 警佐一階
e. Police Officer Rank 4 警正四階 (Inspector)(Sub-Lieutenant)
f. Police Officer Rank 3 警正三階 (Senior inspector)(Captain)
g. Police Officer Rank 2 警正二階 (Superintendent)
h. Police Officer Rank 1 警正一階 (Senior Superintendent)
i. Police Supervisor Rank 4 警監四階 (Superintendent General)
j. Police Supervisor Rank 3 警監三階
k. Police Supervisor Rank 2 警監二階
l. Police Supervisor Rank 1 警監一階
m. Police Supervisor Rank Supreme (Police General) 警監特階

7. MALAYSIA
Senior Officers

Gazetted Officers Commissioners Inspector-General of Police (IGP)


Deputy Inspector-General of Police (DIGP)
Commissioner of Police (CP)
Deputy Commissioner of Police (DCP)
Senior Assistant Commissioner of Police I (SAC I)
Senior Assistant Commissioner of Police II (SAC II)
Assistant Commissioner of Police (ACP)
Superintendents
Superintendent of Police (SP)
Deputy Superintendent of Police (DSP)
Assistant Superintendent of Police (ASP)
Non-gazetted Officers Inspectors Chief Inspector (C/Insp)
Inspector (Insp)
Probationary Inspector (P/Insp)

Rank In File Officers


Subordinate Officers Sub-Inspector (SI)
Sergeant Major (SM)
Sergeant (Sgt)
Corporal (Cpl)
Lance Corporal (L/Cpl)
Constable (PC)

8. INDONESIA
 High ranking officers
o Police General / Jenderal Polisi (Jend. Pol.) - equivalent General in the army
o Police Commissioner General / Komisaris Jenderal Polisi (Komjen Pol.) - equivalent
Lieutenant General

19
o Police Inspector General / Inspektur Jenderal Polisi (Irjen Pol.) - equivalent Major
General
o Police Brigadier General / Brigadir Jenderal Polisi (Brigjen Pol.) - equivalent Brigadier
General
 Mid rank officers
o Police Grand Commissioner / Komisaris Besar Polisi (Kombespol) - equivalent
Colonel
o Police Grand Commissioner Adjutant / Ajun Komisaris Besar Polisi (AKBP) -
equivalent Lieutenant Colonel
o Police Commissioner / Komisaris Polisi (Kompol) - equivalent Major
 Low rank officers
o Police Commissioner Adjutant / Ajun Komisaris Polisi (AKP) - equivalent Captain
o First Police Inspector / Inspektur Polisi Satu (Iptu) - equivalent First Lieutenant
o Second Police Inspector / Inspektur Polisi Dua (Ipda) - equivalent Second Lieutenant
 Warrant officers
o First Police Inspector Adjutant / Ajun Inspektur Polisi Satu (Aiptu) - equivalent Chief
Warrant Officer
o Second Police Inspector Adjutant / Ajun Inspektur Polisi Dua (Aipda) - equivalent
Warrant Officer
 Non-commissioned officers
o Chief Police Brigadier / Brigadir Polisi Kepala (Bripka) - equivalent Sergeant Major
o Police Brigadier / Brigadir Polisi (Brigadir) - equivalent Chief Sergeant
o First Police Brigadier / Brigadir Polisi Satu (Briptu) - equivalent First Sergeant
o Second Police Brigadier / Brigadir Polisi Dua (Bripda) - equivalent Second Sergeant
 Enlisted
o Police Brigadier Adjutant / Ajun Brigadir Polisi (Abrip) - equivalent Chief Corporal
o First Police Brigadier Adjutant / Ajun Brigadir Polisi Satu (Abriptu) - equivalent First
Corporal
o Second Police Brigadier Adjutant / Ajun Brigadir Polisi Dua (Abripda) - equivalent
Second Corporal
o Chief Bhayangkara / Bhayangkara Kepala (Bharaka) - equivalent Chief Private
o First Bhayangkara / Bhayangkara Satu (Bharatu) - equivalent Private First Class
o Second Bhayangkara / Bhayangkara Dua (Bharada) - equivalent Private

9. SINGAPORE
A. Police Officers
a.Constable
b. Special Constable
c. Corporal
d. Sergeant
e. Staff Sergeant
f. Senior Staff Sergeant
g. Station Inspector
h. Senior Station Inspector
i. Senior Station Inspector (2)

B. Senior Police Officers

a. Inspector
b. Chief Inspector
c. Assistant Superintendent
d. Deputy Superintendent
e. Superintendent
f. Deputy Assistant Commissioner

20
g. Assistant Commissioner
h. Senior Assistant Commissioner
i. Deputy Commissioner of Police
j. Commissioner of Police

10. INDIA
A. Ranks of Gazetted Officers
a. Director Intelligence Bureau (post held by senior most Indian Police Service officer; not a
rank)
b. Commissioner of Police (State) or Director General of Police
c. Special Commissioner of Police or Additional Director General of Police
d. Joint Commissioner of Police or Inspector General of Police
e. Additional Commissioner of Police or Deputy Inspector General of Police
f. Deputy Commissioner of Police or Senior Superintendent of Police
g. Deputy Commissioner of Police or Superintendent of Police
h. Additional Deputy Commissioner of Police or Additional Superintendent of Police
i. Assistant Commissioner of Police or Deputy Superintendent of Police
j. Assistant Superintendent of Police (IPS Probationary Rank: 2 years of service)
k. Assistant Superintendent of Police (IPS Probationary Rank: 1 year of service)

B. Ranks of Non-Gazetted Officers


a. Inspector of Police
b. Sub-Inspector of Police
c. Assistant Sub-Inspector of Police
d. Police Head Constable
e. Senior Police Constable
f. Police Constable

11. Hongkong
a. Commissioner of Police (CP)
b. Deputy Commissioner of Police (DCP)
c. Senior Assistant Commissioner of Police (SACP)
d. Assistant Commissioner of Police (ACP)
e. Chief Superintendent of Police (CSP)
f. Senior Superintendent of Police (SSP)
g. Superintendent of Police (SP)
h. Chief Inspector of Police (CIP) (insignia of a Captain)
i. Senior Inspector of Police (SIP)
j. Inspector of Police (IP)
k. Probationary Inspector of Police (PI)
l. Station Sergeant (SSGT)
m. Sergeant (SGT)
n. Senior Constable (SPC)
o. Police Constable (PC)

12. United Kingdom


a. Police Constable (PC) (Divisional call sign and shoulder number)
b. Sergeant (Sgt or PS) (three point down chevrons above divisional call sign and Shoulder
Number) – an "acting" Sergeant, i.e. a substantive constable being paid an allowance to
undertake the duties of a sergeant for a short period of time, displays two point down chevrons
above divisional call sign, and Shoulder Number. The use of the three chevrons by an acting
Sergeant is technically incorrect, and should only be used during a period of temporary
promotion.
c. Inspector (Insp) (two Order of the Bath stars, informally known as "pips")
d. Chief Inspector (C/Insp) (three Order of the Bath stars)

21
e. Superintendent (Supt) (single crown)
f. Chief Superintendent (Ch Supt) (crown over one pip)
g. Commander (Cmdr) (crossed tipstaves in a bayleaf wreath); the first ACPO rank.
h. Deputy Assistant Commissioner (DAC) (one pip over Commander's badge)
i. Assistant Commissioner (AC) (crown over Commander's badge);
j. Deputy Commissioner (crown above two side-by-side small pips, above Commander's badge)
k. Commissioner (crown above one pip above Commander's badge)

13. United States

a. Chief of police/commissioner of police/superintendent/sheriff: The title commissioner of police is


used mainly by large metropolitan departments, while chief of police is associated with small and
medium-sized municipalities; both are typically appointed by a mayor or selected by the city council
or commission. In some cities, "commissioner" is the member of the board of officials in charge of
the department, while a "chief" is the top uniformed officer answering to the commissioner or
commission. In very large departments, such as the New York City Police Department, there may
be several non-police officer deputy and assistant commissioners, some of whom outrank the chief
of department and others on par with the uniformed chief. There may be a chief of operations who
is second in command to the top-ranking chief. In contrast, sheriffs in the United States are usually
elected officials, one in each county, who head the sheriff's department (or sheriff's office).

b. Assistant chief of police/assistant commissioner/assistant superintendent: Only seen in some


departments. In New York City, assistant chiefs head borough commands.

c. Deputy chief of police/deputy commissioner/deputy superintendent/chief


deputy/undersheriff/assistant sheriff: The top subordinate of the chief of police, commissioner,
superintendent, or sheriff; may or may not have a specific area of responsibility. In some places the
undersheriff is the warden of the county jail. The New York City Sheriff's Office has five
undersheriffs: each one is responsible for a borough of New York City, with the Sheriff of the City of
New York overseeing all of them. In some Sheriff's Offices, the rank of Assistant Sheriff exists,
below the Undersheriff, but still above Commander and other ranks.

d. Inspector/commander: Sometimes have an insignia of a single star, analogous to brigadier


generals, but in other areas wear a gold or silver eagle, similar to a colonel. "Inspector" is also used
as a term for "detective" in the San Francisco Police Department but is two ranks above captain in
the NYPD and the Philadelphia Police Department. In the NYPD, inspectors command divisions,
which may be groups of precincts within a borough or specialized branches of the police service.

e. Colonel or lieutenant colonel: A majority of state police as well as some municipal agencies use
"colonel" or "lieutenant colonel" as their senior executive rank, often jointly with a civilian title such
as "superintendent, deputy superintendent", "commissioner, deputy commissioner" or "director,
deputy director", "Chief, Deputy Chief", etc. Conversely, the colonel or lieutenant colonel rank is
rarely employed by other agencies, though it is used by the Baltimore Police Department and
other Maryland agencies as either an executive or commander-like rank. Colonels generally wear
the gold or silver eagle of a military colonel, and Lieutenant Colonels have the oak leaf of a Military
lieutenant colonel, from the U.S. armed forces. Many sheriffs also wear the eagle insignia, and use
colonel as an official rank.

f. Major/deputy inspector: Sometimes Majors/Deputy Inspectors have the insignia of a gold or


silver oak leaf, similar to a major or lieutenant colonel in the armed forces. In the Baltimore Police
Department and Atlanta Police Department, majors supervise police stations.

g. Captain: Two gold or silver bars ("railroad tracks"). A Captain often supervises a police
station but can supervise another division or unit (detectives, patrol, etc.) in smaller departments

22
and only certain sections of a police station in larger departments. In the NYPD, captains are the
normal commanders of precincts.

h. Lieutenant: Wearing a single gold or silver bar, a Lieutenant supervises two to three or more
sergeants. Lieutenants can supervise an entire watch shift in a police station or detective squad
(narcotics, homicide, etc.) in larger police departments and entire barracks in state
police departments, and entire precincts in smaller police departments.

i. Sergeant: Three chevrons, a police officer who supervises an entire watch shift in smaller
departments and areas of a precinct and individual detective squads in larger departments. Some
agencies, such as the New Jersey State Police, use a para-militaristic range of sergeant ranks,
such as staff sergeant and sergeant first class, in addition to the basic sergeant rank.

j. Detective/inspector/investigator: An investigator/detective/investigator usually works in plain


clothes. This may be in several classes that correspond to higher supervisory and pay grades. In
the NYPD, the detective rank is technically a designation: detectives do not actually outrank police
officers although they are in charge of cases and are often senior in years of service, and so have a
certain degree of authority beyond police officers in specific situations.

k. Officer/deputy/trooper/corporal: A regular officer or deputy wears no rank insignia, and there may
be several pay grades. Corporals, who may be senior officers or acting watch commanders, wear
two chevrons. A police corporal is generally employed as an officer as an entry level supervisor
position. These duties may include one or more of the following roles.

C. TYPES OF LAW ENFORCEMENT

COUNTRY TYPE OF LAW ENFORCEMENT


International  Ameripol, (Police Community of the Americans or Ameripol)
 ASEANAPOL, (Inter-Asean Police)
 EUROGENDFOR (European Gendarmerie Force)
 European Union Police Mission in Bosnia and Herzegovina
 European Union Rule of Law Mission in Kosovo
 Europol (European Police Office)
 Interpol (International Criminal Police Organization)
 Law Enforcement Intelligence Unit
 United Nations Interim Administration Mission in Kosovo
Afghanistan Afghan National Police
Afghan Border Police
Afghan National Civil Order Police.
Albania[ Albanian State Police
Algeria Directorate General for National Security
National Gendarmerie
Argentina Argentine Federal Police
Buenos Aires City Police
Argentine National Gendarmerie
Airport Security Police
Argentine Naval Prefecture
Armenia Police of Armenia
Australia Australian Federal Police
New South Wales Police Force
Victoria Police
Queensland Police Service
Western Australian Police

23
South Australian Police
Tasmania Police
Northern Territory Police.
Austria Federal Police (Bundespolizei)
Federal Criminal Police Office (Bundeskriminalamt),
Municipal Police (Stadtpolizei)
Azerbaijan National Police of the Republic of Azerbaijan
Bahrain Public Security Forces
Bangladesh Bangladesh Police

24
Barbados Royal Barbados Police Force
Barbados Defence Force (BDF)
Regional Security System
Belgium Federal Police
Bhutan Royal Bhutan Police
Botswana Botswana Police Service
Bosnia and Federation of Bosnia and Herzegovina
Herzegovina Republika Srpska
Brazil Brazilian Federal Police
Brazilian Federal Highway Police
Brazilian Federal Railroad Police,
Military Police/Polícia Militar
Civil Police/Polícia Civil
Municipal Guards
Bulgaria National Police Service
National Gendarmerie
Border Police Service
National Investigative Service,
Burund National Police of Burundi
 Internal Security Police (Police de sécurité intérieure)
 Judicial Police (Police judiciaire)
 Air Police (Police de l'Air)
 Border and Aliens Police (Police des frontières et des étrangers)
( Prison Police (Police pénitentiaire)

Cambodia National Police of Cambodia (Nokorbal Chéat)

Canada Royal Canadian Mounted Police


Ontario Provincial Police
Sûreté du Québec
Royal Newfoundland Constabulary
China, People's People's Police
Republic of People's Armed Police

Hong Kong Hong Kong Police Force

Macau Corpo de Polícia de Segurança Pública (CPSP – Public Security


Police Force)

Polícia Judiciária (PJ – Judiciary Police


Serviços de Polícia Unitários (SPU) Unitary Police Service

Colombia Policía Nacional de Colombia


Costa Rica Public Force of Costa Rica
Cyprus Cyprus Police Aviation Unit
Cyprus Port and Marine Police
Emergency Response Unit
Presidential Guard
Cyprus Prisons Department
Czech Republic Policie ČR

25
Denmark Police of Denmark (da: Politiet)
the state nationwide police force Rigspolitiet,
the national intelligence service Politiets Efterretningstjeneste
the special tactical forces Politiets Aktionsstyrke.
Danish military police branch (da: Militærpolitiet)
Danish home guard unit Politihjemmeværnet
El Salvador National Civil Police of El Salvador (Spanish: Policía Nacional Civil de
El Salvador
Egypt Egyptian National Police
elshorta elwatnia elmasriya
Estonia Police and Border Guard Board (Estonian: Politsei- ja Piirivalveamet)
Ethiopia Ethiopian Federal Police (EFP)
Fiji Fiji Polic
Finland patrol police (järjestyspoliisi, "order police")
criminal investigation (rikospoliisi, "crime police").
National Bureau of Investigation (Keskusrikospoliisi, KRP)
Finnish Security Intelligence Service (Suojelupoliisi, Supo)
France Police nationale
Gendarmerie nationale
Germany Landespolizei (State Police)
Bundeskriminalamt (BKA, "Federal Criminal Police Office")
Bundesgrenzschutz (Federal Border Protection)
Ghana Ghana Police Service
Greece Hellenic Police Force
Guatemala Policia Nacional Civil (PNC)
Hungary
Rendőrség (Police) Hungarian Police
Police and Border Guards
Customs and Excise Authority
Iceland Icelandic Police (Lögreglan
India Border Security Force (BSF)
Central Industrial Security Force's (CISF)
Central Reserve Police Force's (CRPF)
Indo-Tibetan Border Police (ITBP)
National Security Guard (NSG)
Sashastra Seema Bal (SSB)
Special Protection Group (SPG
Central Bureau of Investigation (CBI)
Central Economic Intelligence Bureau (CEIB)
National Investigation Agency (NIA)
Narcotics Control Bureau

Indonesia Indonesian National Police (POLRI)


Indonesia Forest Rangers
Remote Islands and Coastal Development Police
Agricultural and Animal Quarantine Police
national civilian police
municipal police
Military Police Corps.

26
Iran Law Enforcement Force of the Islamic Republic of Iran
Prevention Police
Security Police
Traffic Police
Cyber Police
Anti-Narcotics Police
Criminal Investigation Department
Special Units
Guidance Patrol
Iraq Iraqi National Intelligence Service (INIS)
Iraqi Police Service
Ireland Garda Síochána
Israel Israel Police (Mishteret Yisra'el)
National Traffic Police
Civil Guard ("Mishmar Ezrahi")
Israel Border Police (MAGAV)
Italy Arma dei Carabinieri (gendarmerie)
Polizia di Stato (national police)
Guardia di Finanza (customs police, border police and financial police);
Polizia Penitenziaria (prison service
Japan National police agency
Imperial Japanese Army
military police (Kempeitai)
Imperial Japanese Navy' (Tokkeitai)
Jordan Public Security Directorate
Kenya Kenya's National Police Service
Administration Police
Criminal Investigation Department
General Service Unit
Kenya Wildlife Service
Kenya Forest Service
Luxembourg Grand Ducal Police (French: Police Grand-Ducale
Lithuania Lithuanian Police Force Lietuvos Policijos pajegos
Lithuanian Criminal Police Bureau
Malaysia Royal Malaysian Police or Polis Diraja Malaysia
Federal Reserve Unit

Malta Malta Police Force


Mexico Agencia Federal de Investigación (Federal Investigations Agency)
Policía Federal Preventiva (Federal Preventive Police)
Agencia Estatal de Investigación (State Investigations Agency)
Policía Estatal Preventiva (State Preventive Police)
Policía Municipal Preventiva (Municipal Preventive Police)
State police (Spanish: Policia Estatal)
Morocco Sûreté Nationale
Royal Moroccan Gendarmerie
Myanmar Myanmar Police Force
Nauru Nauru Police Force
Netherlands Dutch national police

Nepal The Nepal Police

27
New Zealand New Zealand Police (Māori: Ngā Pirihimana o Aotearoa)
Nicaragua National Police of Nicaragua
Nigeria Nigeria Police Force
Nigerian Mobile Police
Kano State Hisbah Corps
Norway Norwegian Police Service (Norwegian: Politi- og lensmannsetaten
Pakistan Law enforcement in Pakistan
Panama The Panamanian National Police
Papua New Guinea Royal Papua New Guinea Constabulary
Paraguay National Police of Paraguay
Peru National Police of Peru (Policía Nacional del Perú
Philippines Philippine National Police
National Bureau of Investigation (Philippines)
Maritime Group (MG
Intelligence Group (IG
Police Security and Protection Group (PSPG
Criminal Investigation and Detection Group (CIDGSpecial Action
Force (SAF
Aviation Security Group (AVEGROUP)
Highway Patrol Group (HPGPolice-Community Relations Group
(PCRG).
Civil Security Group (CSGCrime Laboratory (CL)
PNP Anti-Kidnapping Group (PNP-AKGPNP Anti-Cybercrime
Group (PNP- ACG).

Poland Policja (police)


Straż Graniczna (SG) (border guard), also have coast
guarddepartment.
Agencja Bezpieczeństwa Wewnętrznego (ABW)
– counterintelligence agency for internal security tasks
Żandarmeria Wojskowa (ŻW) (military police, military provost)
Centralne Biuro Antykorupcyjne (CBA) – law enforcement agency
designed to fight against corruption
Prokuratura – Polish public prosecutor office (chief section of the
Prokuratura is Prokuratura Generalna)
Służba Celna – Poland's customs
Straż miejska City Guard

Portugal Polícia de Segurança Pública (PSP – Public Security Police)


Guarda Nacional Republicana (GNR – Republican National Guard
Polícia Judiciária (PJ – Judiciary Police)
Autoridade de Segurança Alimentar e Económica (ASAE – Food and
Economic Safety Authority)
Polícia Marítima (Maritime Police)
Serviço de Estrangeiros e Fronteiras (SEF – Foreign and Border
Service) polícias municipais (municipal police).

Qatar Law enforcement in Qatar


Romania Romanian Police (Romanian: Poliția Română
Politia de frontiera
Jandarmeria romana

28
Russia Police of Russia are called полиция (Politsiya)
Investigative Committee of Russia (the "Russian FBI")
Federal Security Service (formerly the KGB)
Rwanda Rwanda National Police
Saudi Arabia Royal Saudi Arabian Police Force
Saudi Arabian Traffic Police Force
Saudi Arabian Border Guard
Saudi Arabian Coast guard
Saudi Arabian Customs and immigration department
Mabahith (secret service)
Hay’ah (Religious Police)
Singapore Singapore Police Force (SPF)

Slovenia Slovenian National Police Force


Somalia Somali Police Force (SPF; Somali: Ciidanka Booliska
Soomaaliya (CBS)
South Africa South African Police Service
South Korea Korean National Police Agency (KNPA)

Spain Guardia Civil


Policía Nacional or Cuerpo Nacional de Policía (the National Police
Corps, or CNP)
Policía Local or Policía Municipal (known as Urban Guard in the city of
Barcelona)

Sri Lanka Sri Lanka Police


Criminal Investigation Department
The Sri Lanka Customs and Department of Excise
Commission to Investigate Allegation of Bribery or
Corruption (CIABOC)
Sudan Sudanese Police Force
Sweden Swedish Police Authority (in Swedish: Polismyndigheten)
Switzerland[edit] The Federal Office of Police
Federal Criminal Police
Syria The Administrative Police, also known as Neighbourhood Police
The Emergency Division, deals with emergency situations and
operates roving patrols.
Criminal Security Department
Riot Division
Electronic Criminal Branch
gendarmerie forces
Asayish police force

Taiwan (Republic of National Police Agency


China Criminal Investigation Bureau (CIB)
Special Police Corps
The First Corps
The Second Corps
The Third Corps
The Fourth Corps
The Fifth Corps
The Sixth Corps

29
Taiwan Special Police Corps
Telecommunication Police Corps
Environmental Protection Police Corps
Forest & Nature Conservation Police Unit

Thailand Royal Thai Police

Tunisia Tunisian National Police


Judicial Police
Tunisian National Guard and Presidential Guard
Turkey Turkish National Police (Turkish: Polis
Gendarmerie (Turkish: Jandarma
Turkish Coast Guard (Turkish: Sahil Güvenlik Komutanlığı)
National Intelligence Organization (Turkish: Millî İstihbarat Teşkilâtı)
Uganda Uganda National Police

Ukraine National Police of Ukraine

United Arab Emirates Police Special Unit


Emirati police forces[edit]
 Abu Dhabi Police
 Dubai Police Force
 Sharjah Police Force

United Kingdom Special police forces


Non-police law enforcement
Military police
Territorial police forces
United States Federal Bureau of Investigation (FBI)
Bureau of Alcohol, Tobacco, Firearms and Explosives
Drug Enforcement Administration
U.S. Immigration and Customs Enforcement
United States Secret Service
United States Marshals Service
United States Park Police
United States Capitol Police
United States Mint Police
United States Postal Inspection Service
United States Pentagon Police
Uruguay National Police of Uruguay
Venezuela Venezuelan National Police
Vietnam Vietnam People's Public Security, w
Zambia Zambia Police Service
Zimbabwe Zimbabwe Republic Police

A. BRIEF HISTORY OF INTERPOL

INTERPOL is the world’s largest international police organization, with 188 member
countries. Created in 1923, it facilitates cross-border police co-operation, and supports and
assists all organizations, authorities and services whose mission is to prevent or combat
international crime.

30
INTERPOL aims to facilitate international police co-operation even where diplomatic
relations do not exist between particular countries. Action is taken within the limits of existing
laws in different countries and in the spirit of the Universal Declaration of Human Rights.
Interpol’s constitution prohibits ‘any intervention or activities of a political, military, religious or
racial character.’

Interpol, whose full name is the International Criminal Police Organization - INTERPOL, is an
organization facilitating international police cooperation. It was established as the International
Criminal Police Commission in 1923 and adopted its telegraphic address as its common name in
1956.

In order to maintain as politically neutral a role as possible, Interpol's constitution forbids its
involvement in crimes that do not overlap several member countries, or in any political, military,
religious, or racial crimes. Its work focuses primarily on public safety, terrorism, organized crime,
war crimes, illicit drug production, drug trafficking, weapons smuggling, human trafficking, money
laundering, child pornography, white-collar crime, computer crime, intellectual property crime and
corruption.

Interpol was founded in Austria in 1923 as the International Criminal Police (ICP). Following
the Anschluss (Austria's annexation by Nazi Germany) in 1938, the organization fell under the
control of Nazi Germany and the Commission's headquarters were eventually moved to Berlin in
1942.

Its new headquarters were established in Saint-Cloud, a town on the outskirts of Paris. They
remained there until 1989, when they were moved to their present location, Lyon France.

Mission statement

With a view to supporting INTERPOL's core functions and activities, the Directorate will
focus its activities on three main areas:

Capacity building, with the aim of developing and enhancing close cooperation with the
NCBs in order to enhance their operational capacities and responsiveness

Police training, with the aim of strengthening NCB staff's abilities in INTERPOL's core
functions and their knowledge of INTERPOL's tools and services, and to increase awareness of
INTERPOL within national law enforcement departments

NCB staff training

Activity - The NCB staff training courses organized by the NCB & Regional Police Services
Directorate were carried out aimed at improving the ability of the officers to perform their duties
satisfactorily with regard to the requirements of international police co-operation and the range of
services developed at INTERPOL.

INTERPOL’S GENERAL SECRETARIAT

1. Oskar Dressler (Austria)- Secretary General 1932-1946


Oskar Dressler was originally appointed Secretary to the International Police
Congress in 1923. He continued in this position until appointed to a new post of Secretary
General, created by Article 5 of the revised statutes of 1932.

31
2. Louis Ducloux (France)- Secretary General 1946-1951
Louis Ducloux was Secretary General of the International Criminal Police Commission, the
precursor to INTERPOL.

2. Marcel Sicot (France)- Secretary General 1951-1963

3. Jean Népote (France)-Secretary General 1963-1978

4. André Bossard (France)- Secretary General 1978-1985

5. Raymond Kendall (United Kingdom)- Secretary General 1985-2000

6. Ronald K. Noble (United States)- Secretary General 2000-2014


First elected on 3 November 2000, Mr Noble was re-elected in 2005 and 2010 before
stepping down from the post on 7 November 2014.
During his tenure at INTERPOL, Mr Noble prioritized connecting all member
countries through a secure communications system, modernizing INTERPOL’s tools and
services, providing round-the-clock assistance and operational support to member countries,
and strengthening INTERPOL’s response to terrorism in the wake of the September 11
attacks in the US which marked a new era in global terrorism.
Prior to serving as INTERPOL's Secretary General, Mr Noble oversaw four of the
US’s largest law enforcement agencies, including the US Secret Service, the US Customs
Service, the Bureau of Alcohol, Tobacco and Firearms and the Internal Revenue Service’s
Criminal Investigation Division. He is a fully tenured Professor at New York University.

General Secretariat

Located in Lyon, France, the General Secretariat operates 24 hours a day, 365 days a
year and is run by the Secretary General. Officials from more than 80 countries work side-by-
side in any of the Organization’s four official languages: Arabic, English, French and Spanish.
The Secretariat has seven regional offices across the world; in Argentina, Cameroon, Côte
d’Ivoire, El Salvador, Kenya, Thailand and Zimbabwe, along with Special Representatives at
the United Nations in New York and at the European Union in Brussels.

Secretary General

The Secretary General of the Organization is appointed by the General Assembly for a
period of 5 years. He may be re-elected.

The Secretary General is effectively the Organization’s chief full-time official. He is


responsible for seeing that the day-to-day work of international police co-operation is carried
out, and the implementation of the decisions of the General Assembly and Executive
Committee.

National Central Bureaus (NCB) - Each INTERPOL member country maintains a National
Central Bureau staffed by national law enforcement officers. The NCB is the designated
contact point for the General Secretariat, regional offices and other member countries
requiring assistance with overseas investigations and the location and apprehension of
fugitives.

Advisers – these are experts in a purely advisory capacity, who may be appointed by the
Executive Committee and confirmed by the General Assembly.

32
Commission for the Control of Interpol’s Files (CCF) – this is an independent body whose
mandate is threefold:

 to ensure that the processing of personal information by INTERPOL complies


with the Organization's regulations,
 to advise INTERPOL on any project, operation, set of rules or other matter
involving the processing of personal information and
 To process requests concerning the information contained in Interpol’s files.

INTERPOL’S FORMER PRESIDENTS

1. Johan Schober (Austria) 1923-1932


2. Franz Brandl (Austria) 1932-1934
3. Eugen Seydel (Austria) 1934-1935
4. Michael Skubl (Austria) 1935-1938
5. Otto Steinhausl (Austria) 1938-1940
6. Reinhard Heydrich (Germany) 1940-1942
7. Arthur Nebe (Germany) 1942-1943
8. Ernst Kaltenbrunner (Austria) 1943-1945
9. Florent Louwage (Belgium) 1946-1956
10. Agostinho Lourenco (Portugal) 1956-1960
11. Sir Richard L. Jackson (United Kingdom) 1960-1963
12. Fjalar Jarva (Finland) 1963-1964
13.Firmin Franssen (Belgium) 1964-1968
14. Paul Dickopf (FRG) 1968-1972
15. William Leonard Higgitt (Canada) 1972-1976
16. Carl G. Persson (Sweden) 1976-1980
17. Jolly R. Bugarin (Philippines) 1980-1984
18.John R. Simpson (USA) 1984-1988
19. Ivan Barbot (France) 1988-1992
20. Norman D. Inkster (Canada) 1992-1994
21. Bjorn Eriksson (Sweden) 1994-1996
22.Toshinori Kanemoto (Japan) 1996-2000
23.Jesus Espigares-Mira (Spain) 2000-2004
24.Jackie Selebi (South Africa) 2004-2008
25. Khoo Boon Hui (Singapore) 2008-2012
26. Mireille Ballestrazzi (France) 2012-2016
27. Meng Hongwei (China) 2016-2018
28. Kim Jong Yang (South Korea) 2018-present

What is the main focus of its directorate?

a. Capacity building, with the aim of developing and enhancing close co-operation with the NCBs
in order to enhance their operational capacities and responsiveness
b. Police training, with the aim of strengthening NCB staff's abilities in INTERPOL's core functions
and their knowledge of INTERPOL's tools and services, and to increase awareness of INTERPOL
within national law enforcement departments

B. INTERPOL AWARENESS SEMINARS

Activity- A seminar consists of a one or two-day general programme with presentations on


INTERPOL's goals, structure and role,I-24/7 secure global police communications services
(Dashboard, expansion, etc.), operational databases, crime programmes and projects, operational

33
support provided by INTERPOL to major international events and incidents, structure and role of the
NCB and key activities at national level.

An INTERPOL Awareness Seminar is generally organized in a country at the request of


the NCB concerned. The NCB defines the contents of the seminar in close co-operation with the
General Secretariat, and is responsible for inviting representatives from national law enforcement
agencies, customs and immigration at different levels (managers, operational units, specialized
units, etc.).

This activity can equally be applied to international police academies worldwide as part of their
regular training curricula.

INTERPOL REGIONAL BUREAU

What are its Regional Bureaus and their scope?


a) Abidjan (serving West Africa),
b) Buenos Aires (South America),
c) Harare (Southern Africa),
d) Nairobi (East Africa) and
e) San Salvador (Central America). In addition,
f) Liaison office in Bangkok, serving Southeast Asia.

The duties of the RBs are the same as those of the General Secretariat, but each RB
deals with regional issues - based on its geographic proximity since it is best placed to provide the
most appropriate response in any particular situation.

a. Staffing - The RB staff are generally recruited from within the region and their number and role
can vary, depending on the specific needs, goals and priorities of each region. Generally, they
comprise the following:

b. Head of Bureau - responsible for applying the priorities of the organization and those of regional
police chiefs committees where they exist;

c. Specialized officers - police officers specialized in the different kinds of crime prevalent in each
region;

d. Network analyst - a technical officer responsible for providing technical support not only within
the SRB but also to National Central Bureaus in the region;

e. Crime analyst - provides analytical work on crimes in the region, related to work for the General
Secretariat and for the regional police chiefs committees;

C. INTERPOL: GENERAL OVERVIEW

INTERPOL is the largest international police organization police in the world. It was set up in 1923
to facilitate cross-border criminal police cooperation and today it has 194 member countries spread
over and five continents. It supports and assists all organizations, authorities and services whose
mission is to prevent or combat international crime.

 INTERPOL'S 4 Core Functions - In order to achieve these objectives, INTERPOL has


identified four core functions:
1. Secure global communications system known as 1-24/7 to enable police to exchange information
in real time,

34
2. Operational databases which are the active memory of police services
3. Operational support 24h/24
4. Training and development.

 INTERPOL'S 6 Priority Areas - INTERPOL's General Secretariat in Lyon, France, provides


a fast and reliable communication system that links police around the globe. Its priority
activities concern: 1. Public safety and terrorism,
2. Criminal organizations,
3. drug-related crimes,
4. Financial and high-tech crime,
5. Trafficking in human beings, anti-corruption and
6. Fugitive investigation support.

 INTERPOL Notices

1. INTERPOL'S Red Notice - One of Interpol's most important tasks is to place member countries
on alert about people who are being sought by police forces worldwide. Interpol's main tool for
helping police across its network of 194 member countries to track fugitives is its Red Notices, an
international wanted persons notice.

2. Blue notices - are used to seek information on the identity of persons or on their illegal activities
related to criminal matters.

3. Green Notices - are used to provide warnings and criminal intelligence about persons who have
committed criminal offenses and who are likely to repeat these crimes in other countries.

4. Yellow notices - are used to help locate missing persons including children, or to help people to
identify themselves.

5. Black notices - are used to determine the identity of deceased person

 INTERPOL'S RESTRICTION

"It is strictly forbidden for the Organization to undertake any intervention or activities of a political,
military, religious or racial character".

D. INTERPOL USE OF NETWORKING AND INTERNET IN GENERAL

 Identifying and Locating Wanted Persons

It is intended that the public is becoming increasingly aware of their opportunity to


anonymously and confidentially report any information to FIS through its Web Fugitive System.

 INTERPOL could thus assist in the following areas:

a. Search for location of Fugitives;


b. Identification by using DNA databases and fingerprints;
c. Freezing of money flows;
d. Research on criminal networks;
e. International dissemination of red notices through the member countries of INTERPOL;
f. Investigations through the use of open sources and internet forums (MySpace, YouTube, Facebook
i.e)

 INTERPOL's Leadership –

35
The President of INTERPOL and the Secretary General work closely together in providing strong
leadership and direction to the Organization.

 INTERPOL's Structure

As defined in Article 3 of its Constitution, INTERPOL (whose correct full name is 'The International
Criminal Police Organization - INTERPOL)) comprises the following:

a. General Assembly - INTERPOL's supreme governing tidy, it meets annually and comprises
delegates appointed byeach member country. The assembly takes all important decisions related to
policy, resources, working methods, finances, activities and programmes.

b. Executive Committee - this 13-member committee is elected by the General Assembly, and
comprises the president, three vicepresidents and nine delegates covering the four regions.

c. General Secretariat - located in Lyon, France, the General Secretariat operates 24 hours a day,
365 days a year and is run by the Secretary General. Officials from more than 80 countries work
side-by-side in any of the organization's four official languages: Arabic, English, French and
Spanish. The Secretariat has six Sub-Regional Bureaus; in Argentina, Cote d'Ivoire, El Salvador,
Kenya, Thailand and Zimbabwe, and a liaison office at the United Nations in New York.

d. National Central Bureaus - Each INTERPOL member country maintains a National Central
Bureau staffed by national law enforcement officers. The NCB is the designated contact point for
the General secretariat, regional offices and other member countries requiring assistance with
overseas investigations and the location and apprehension of fugitives.

e. Advisers- these are experts in a purely advisory and capacity, who may be appointed by the
executive committee and confirmed by the General Assembly.

E. INTERPOL MEMBER COUNTRIES

AFGHANISTAN BHUTAN CONGO


ALBANIA BOLIVIA CONGO
ALGERIA BOSNIA & (Democratic Rep.)
ANDORRA HERZEGOVINA COSTA RICA
ANGOLA BOTSWANA CROATIA
ANTIGUA & BRAZIL CUBA
BARBUDA BRUNEI CURAÇAO
ARGENTINA BULGARIA CYPRUS
ARMENIA BURKINA FASO CZECH
ARUBA BURUNDI REPUBLIC
AUSTRALIA CAMBODIA CÔTE D'IVOIRE
AUSTRIA CAMEROON DENMARK
AZERBAIJAN CANADA DJIBOUTI
BAHAMAS CAPE VERDE DOMINICA
BAHRAIN CENTRAL DOMINICAN
BANGLADESH AFRICAN REPUBLIC REPUBLIC
BARBADOS CHAD ECUADOR
BELARUS CHILE EGYPT
BELGIUM CHINA EL SALVADOR
BELIZE COLOMBIA EQUATORIAL
BENIN COMOROS GUINEA

36
ERITREA MARSHALL SOMALIA
ESTONIA ISLANDS SOUTH AFRICA
ESWATINI MAURITANIA SOUTH SUDAN
ETHIOPIA MAURITIUS (Rep.of)
FIJI MEXICO SPAIN
FINLAND MOLDOVA SRI LANKA
FRANCE MONACO ST KITTS &
GABON MONGOLIA NEVIS
GAMBIA MONTENEGRO ST LUCIA
GEORGIA MOROCCO ST VINCENT &
GERMANY MOZAMBIQUE GRENADINES
GHANA MYANMAR SUDAN
GREECE NAMIBIA SURINAME
GRENADA NAURU SWEDEN
GUATEMALA NEPAL SWITZERLAND
GUINEA NETHERLANDS SYRIA
GUINEA BISSAU NEW ZEALAND TAJIKISTAN
GUYANA NICARAGUA TANZANIA
HAITI NIGER THAILAND
HONDURAS NIGERIA TIMOR LESTE
HUNGARY NORTH TOGO
ICELAND MACEDONIA TONGA
INDIA NORWAY TRINIDAD &
INDONESIA OMAN TOBAGO
IRAN PAKISTAN TUNISIA
IRAQ PALESTINE TURKEY
IRELAND PANAMA TURKMENISTAN
ISRAEL PAPUA NEW UGANDA
ITALY GUINEA UKRAINE
JAMAICA PARAGUAY UNITED ARAB
JAPAN PERU EMIRATES
JORDAN PHILIPPINES UNITED
KAZAKHSTAN POLAND KINGDOM
KENYA PORTUGAL UNITED STATES
KIRIBATI QATAR URUGUAY
KOREA (Rep. of) ROMANIA UZBEKISTAN
KUWAIT RUSSIA VANUATU
KYRGYZSTAN RWANDA VATICAN CITY
LAOS SAMOA STATE
LATVIA SAN MARINO VENEZUELA
LEBANON SAO TOME & VIET NAM
LESOTHO PRINCIPE YEMEN
LIBERIA SAUDI ARABIA ZAMBIA
LIBYA SENEGAL ZIMBABWE
LIECHTENSTEIN SERBIA
LITHUANIA SEYCHELLES
LUXEMBOURG SIERRA LEONE
MADAGASCAR SINGAPORE
MALAWI SINT MAARTEN
MALAYSIA SLOVAKIA
MALDIVES SLOVENIA
MALI SOLOMON
MALTA ISLANDS

37
F. THE ROLE OF INTERPOL IN CRIME CONTROL

1. On Illicit Drug Control -The Criminal Organizations and Drug-sub directorate is located within
the specialized crime directorate of the Interpol general secretariat. It is the central repository of
professional and technical expertise in drug control within the Interpol framework. Essentially, it acts
as a clearing house for the collection, collation, analysis and dissemination of drug related
information's. It monitors also the drug situation on global scale, coordinates international
investigations, and maintains liaison with the United Nations, its specialized agencies and other
international and regional organizations involved in the drug control activities. One of its important
functions is to serve as a main source of professional and technical advice on narcotics matters to
Interpol bodies such as the General Assembly, Executive Committees and National Central
Bureaus.

The mission of the Criminal Investigation and the Drug sub-directorate is to enhance cooperation
among member countries and to stimulate the exchange information's among National and
International Law Enforcement bodies concerned to counter the illicit production, traffic and use of
these narcotic drugs and psychotropic substances. Drawing upon the wide investigative and
analytical experience ofits multinational staff, the Drug sub-directorate serves members states with
in the areas of:

a. information collection
b. response to international drug investigation inquiries, Collection and analysis of data
obtained from member states for strategic and tactical intelligence report, and the
dissemination of these reports to concerned member states.

c. identification of international drug trafficking syndicates

d. Coordination of international drug investigations where at least two member states are
involved.

e. holding of working meetings involving two or more states where the criminal
organizations and drug sub-directorate has identified common links in cases being
investigated in those member countries in order to exchange information's and establish
future strategies.

f. Organizing either regional or worldwide meetings on specific drug topics, on an annual


or ad hoc basis. The aims of such meetings includes assessing the extent of such
particular drug problem, the exchange of information's on the latest methods of
investigative techniques and to further strengthen cooperation within the law enforcement
communities.

2. On Children and Human Trafficking - Trafficking is a subject that divides those who come into
contact with it. Much of the concerned expressed about its cause and consequences have been
emotional. For example, dwelling on plight of women and children trafficked into prostitution and
sweatshop work. The role of criminal organizations has been highlighted in a human trade that
some put on a par with drugs and arms smuggling in its profitability and perniciousness.
Governments have announced measures to control what they deem to be an assault on their
borders.

Trafficking in human beings is considered one of the top priorities at Interpol and only by
ascertaining the true character of trafficking can we hope to adapt appropriate measures against it.

38
Definitions are given in the protocols supplementing the United Nations Convention
Transnational Organized Crime:

a. Smuggling of migrants- shall mean the procurement, in order to obtain, directly or


indirectly, a financial or other material benefit, of the person into a State Party of which the
person is not a national or a permanent resident.

b. Trafficking in person- shall mean the recruitment, transportation, transfer, harboring or


receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or
of the giving of receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to slavery, servitude of
the removal of organs.

3. On Environmental Crime - Environmental crime is a serious and growing international problem,


with criminals violating international laws put in place to protect the environment. These criminals
are polluting the air, water and land. They are pushing commercially valuable wildlife species closer
to extinction and they are significantly impacting the biological integrity of the planet.

Across the world, environmental crime takes on a number of forms which include:
a. poaching,
b. trafficking in ozone-depleting substances (ODSs),
c. trafficking and use of illegal pesticides,
d. illegal diversion of rivers,
e. trafficking in endangered species,
f. and illegal dumping of hazardous waste onto land or in water.

Environmental criminal, including those associated with organized crime, regular cause
permanent and extensive damage to ecosystems, which may result in serious human health
problems. The incentives to carry out environment crimes are financial, coupled with a perception,
on the part of criminals, that they are illegal disposal of waste in an effort to avoid legitimate
disposal costs, which result in an unfair competitive advantage for the criminals over legitimate, law-
abiding businesses.

4. On Information Technology Crime - Interpol has actively been involved for a number for years
in combating Information Technology Crime. Rather than 're-inventing the wheel', the Interpol
General Secretariat has harnessed the expertise of its member in the field of Information
Technology Crime (ITC) through the vehicle of a 'working party' or a group of experts. In these
instances, the working party consists of the heads or experienced members of national computer
crime units. These working parties have been designed to reflect regional expertise and exist in
Europe, Asia, and America and in Africa. All working parties are in different stages of development.
It should be noted that the work done by the working parties is not Interpol's only contribution to
combating ITC, but it certainly represents the most noteworthy contribution.

5. On Criminal Intelligence Analysis - Concept: Criminal Intelligence Analysis (sometimes called


Crime Analysis) has been recognized by law enforcement as a useful support tool for over twenty-
five years and is successfully used within the international community.

International organizations, such as Interpol, Europol and the International Criminal


Tribunal for the Former Yugoslavia (ICTY), all have Criminal and the International Criminal
Intelligence Analyst among their personnel.

39
a. Definitions of Criminal Intelligence Analyst in use throughout the world- The
identification of and provision of insight into the relationship between crime data other
potentially relevant data with a view to police and judicial practice.

b. Purpose: the central task Analyst is to help officials - law enforces policy makers, and
decision makers - deal more effectively with uncertainty, to provide timely warning of
threats, and to support operational activity by analyzing crime.

c. Divisions: Criminal Intelligence Analysis is divided into operational (or tactical) and
strategic analysis. The basic skills required are similar, and the difference lies in the level
of detail and the type of client to whom the products are aimed.

d. Operational Analysis aims to achieve a specific law enforcement outcome. This might
be arrests, seizure or forfeiture of assets or money gained from criminal activities, or the
disruption of a criminal group. Operational Analysis usually has a more immediate benefit.

e. Strategic Analysis is intended to inform higher level decision making and the benefits
are realized over the longer term. It is usually aimed at managers and policy-makers rather
than individual investigators. The intension is to provide early warning of threats and to
support senior decision- makers in setting priorities to prepare their organizations to be
able to deal with emerging criminal issues This might mean allocating resources to
different arrears of crime, increased training in a crime fighting technique, or taking steps
to close a loophole in a process.

6. On fight against International Terrorism - Interpol's involvement in the fight against


international terrorism materialized during the 54th General Assembly in Washington in 1985 with
the creation of a specialized group within the then Police Division to 'coordinate and enhance
cooperation' in combating and international terrorism.

a. The Anti-Terrorism Initiatives are:

1. Interpol planned new identity travel document database designed to help customs,
border patrols and immigration service's share police information and verify the
authenticity of
documents;
2. The feasibility of setting up a special aviation database;
3. The financing of terrorism - expansion of anti-money laundering measures and studies
of alternative remittance systems.

b. Interpol's Position on Terrorism


Interpol is mandated to promote police co-operation in all cases of international crime
except those of;

1. Political,
2. Military,
3. Religious or racial character.

Although terrorist try to 'justify' their acts upon ideological, political or religious grounds,
Interpol has the authority to address all criminal activity, regardless of motivation.

Terrorist acts that are criminal in nature, constitute a serious threat to individuals' lives or
freedom.

c. What is Interpol doing to combat terrorism? - Interpol's role is twofold:


1. To prevent acts of international terrorism and, if carried out,

40
2. To ensure the perpetrators are brought to justice.

d. How Interpol can prevent terrorism?


Interpol is committed to detecting and preventing acts of terrorism;
1. It does this by exchanging information with all its member countries through its
secure messaging system or by convening experts to address the subject. Interpol
collects, stores, analyses and disseminates intelligences about suspect individuals
and groups and their activities.

2. This data is provided by its member countries and public sources of information
that it also monitors.

3. All terrorist-related information has to be shared in a systematic, timely and


accurate manner.

4. The veracity and timeliness of the information is often directly proportional to its
usefulness to the specialized officers within Interpol's Public Safety and Terrorism
Branch who are tasked with assessing the threat and issuing alerts and warnings.

To help member countries report on suspect individuals, Interpol has issued a number of
practical guidelines on the type of information needed;

1. This includes information about suspect individuals and groups.


2. They should also report on other crimes which may be linked to terrorism such
as, for example: seizure of nuclear material, weapons trafficking, money
laundering and falsified travel and other identity documents.

Apart from its vital intelligence work, Interpol has also urged its member countries to
intervene at the national level by monitoring suspicious financial transactions linked to
terrorist activities in order to freeze their assets and so disrupt the funding of terrorism.

e. How Interpol can help after a terrorist act has been committed?

In the immediate aftermath of a terrorist act, member countries are required to send
Interpol full particulars concerning the nature of the incident.

Next, they should report to Interpol on all the investigative developments. These should
include details of any individuals arrested or charged in connection with a terrorist incident,
or suspected as connected with a terrorist incident, and information concerning
organization on whose behalf the act was conducted.

Once in receipt of particulars concerning suspects, Interpol can instantly issue


international notices for fugitive terrorist whose arrest is sought by member countries.
Interpol can also offer many other backup services, by for example, its:

1. Disaster Victim Identification Unit with its wide network of international experts
and laboratories;
2. Computerized fingerprints capability for identifying suspects;
3. Forthcoming international database of counterfeit, forged and stolen identity
documents money laundering expertise;

National Central Bureau- Interpol Manila

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The NCB-Interpol Manila traces its beginnings in 1961 when the Philippines became a member of
the ICPO – INTERPOL, with the National Bureau of Investigation (NBI) as its focal point. Since then,
the NCB-Interpol Manila has undergone changes, which enable it to confront the challenges of the
times.

In one of the General Assembly meetings of the ICPO-INTERPOL, it has been decided and adopted
that the National Central Bureau shall be handled by the controlling body or Headquarters of the
Criminal Police Organization of a member State to be able to do its undertakings with authority.

In compliance thereto the President of the Philippines issued Memorandum Order Nr. 92 on
February 15, 1993 designating the Philippine National Police as the INTERPOL National Central
Bureau for the Philippines, with the Chief, Philippine National Police (PNP) as its concurrent
Chairman.

The Interpol National Central Bureau was Originally composed of the following members:

Director General Philippine National Police ——- Chairman


Director, National Bureau of Investigation ——– Member
Commissioner, Bureau of Customs ———Member
Commissioner, Bureau of Internal Revenue ———Member
Commissioner, Bureau of Immigration ———Member
Governor, Bangko Sentral ng Pilipinas ———Member
Executive Director, Dangerous Drug Board ———Member
Commissioner, EIIB ———Member

The first four were designated by the President, and the last four were unanimously chosen by
members of the NATIONAL Law Enforcement Coordinating Committee (NALECC) as authorized by
the President thru NALECC Resolution 93-10 dated 21 July 1993.

A significant change in its membership however was noted following the dissolution of EIIB in 1999.
The Execitive Director of PCTC was chosen to replace the Commissioner, EIIB pursuant to
NALECC Resolution No. 02-2000 dated 26 March 2002 and was subsequently designated as Head,
NCB Secretariat. The NCB Secretariat was transferred to PCTC pursuant to Executive Order No.
100 dated 7 May 1999. Subsequently, the Central Management Office of the Department of Finance
(DOF). The Presidential Anti-Organized Crime Commision, the Philippine Drug Enforcement
Agency, the Anti-Money Laundering Council and the Department of Finance become a member of
the NALECC Sub-Committee on Interpol pursuant to NALECC Resolutions. The member agencies
of the NALECC Sub-Committee on Interpol also serve as Functional Sub-agencies of the NALECC
Sub-Committee on Interpol also serve as Functional Sub-Committee on Interpol also serve as
Functional Sub-Bureaus of Interpol NCB Manila

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.

Mission and Function of Interpol NCB-Manila

NCB-INTERPOL Manila serves as the office and main coordinating body for international police
cooperation against transnational crimes representing all law enforcement agencies in the
Philippines. In the accomplishment of its mission, NCB-INTERPOL Manila has the following
functions.

1. Monitor and coordinate all activities of all law enforcement agencies relative to transnational
crime committed against or affecting the Philippines;
2. Maintain records and minutes of all meetings of NCB-INTERPOL Manila.
3. Operate and maintain the operation center of NCB-INTERPOL Manila as the focal point for
international cooperation against transnational crimes for all law enforcement agencies in the
Philippines; and
4. The NCB-INTERPOL Manila also functions as a sub-committee of the NALECC for the
monitoring of the sensitive activities of the latter.

Roles and Function of NCB Sub-Bureaus

1. Receives request for information and record checks of local and foreign nationals and reply
to such request.
2. Conduct investigation of cases brought to their attention involving Filipino’s and foreign
nationals as requested by other Interpol member countries.
3. Monitor result of investigation for cases referred by Interpol for compliance and feedback.
4. Ensures that cases referred for action are acted upon and reports are rendered promptly.
5. Informs Interpol Manila on any case being handled by their agency involving foreign
nationals or seek assistance for verification or any coordination needed with other Interpol
member countries based on the Standard Message Format.
6. Maintain a list of wanted persons (local/foreign) circulated by Interpol and inform Interpol
Manila of any arrest.
7. Gives summaries of the most important international cases in which their agency was
involved; and
8. Submits periodic activity report of accomplishments to Interpol Manila based on the
Standard Message Format.

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Information exchange between the Interpol General Secretariat and NCBs.

In its progress towards the goals and objectives set for the organization renewal of INTERPOL, the
organization has undergone enormous changes in recent years notably in the strengthening of
international police cooperation and in the modernization of telecommunications.

In order for Interpol to facilitate the rapid and reliable exchange of criminal investigative information
among the police of member countries, the NCBs used the Interpol Global Communication System
(I-24/7). In technical terms, I-24/7 is a security technology network which operates using Internet
protocols and state of the art security technology. It delivers fast, reliable and secure information in
a highly user-friendly manner permitting immediate analysis and identification. NCBs now have easy
and immediate access to criminal information (drugs, counterfeit credit cards and fraudulently
identity documents,stolen vehicles, international notices, weapons and explosives tracking system,
finger prints and DNA, Stolen works of art…)

Telecommunication Network (X-400 Communication System)

One of INTERPOL’s prime objective is to ensure that it’s Member States have rapid, reliable, secure
and permanently available system for transmitting to each other to the General Secretariat. The
telecommunication as network, security by encryption system. The information to be transmitted
maybe anything from typed text to images, fingerprints to database consolations, photographs to
facts files.

Benefits that the Philippines Derive as Member of the INTERPOL

1. As member of the ICPO-INTERPOL we can have access to police information on


international Criminal Cases.
2. Access to International Summaries of Criminal Cases.
3. Attend meetings and symposiums on case of special topics.
4. Request information about criminal intelligence in an international perspective through the
criminal intelligence subdivision.
5. Access to information dealing with economic and financial crime in an international level.
6. Access to information dealing with illicit drug trafficking in an international level.
7. Recipient of reference materials on criminology, crime prevention, criminal law and
procedures, techniques used by the police etc.
8. Participate in I.C.P.O – Interpol organized trainings.
9. Receives technical assistance and support on telecommunication and computerization.
10. Use of the IPSG to circulate information intended for International Circulation:a. Individual
notices
b. Stolen property notices
c. Modus operandi sheets
d. Facilitating identification
e. Criminal information on intelligence
11. Receives cooperation from other NCB’s in Combating International Crimes such as:a.
Crimes against person
b. Crime against property
c. Organized crime and terrorism
d. Firearms and explosives used for criminal purposes
e. Human trafficking, exploitation of prostitution, child abuse
f. Unlawful interference with international civil aviation
g. Trafficking of precious substance (gold, diamond, etc.)
h. Currency counterfeiting and forgery
i. Identification, tracing, seizure and forfeiture of assets derived from criminal activities

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j. Illicit drug trafficking
k. Drug related activities
12. Receives cooperation on matters involving extradition from other NCB’s.
13. Receives technical assistance granted by the more advanced countries to less advanced
countries especially in connection with training and specialization of police personnel.

A. EUROPOL

The European Police Office (Europol) is one of the most ambitious European projects in the
area of Justice and Home Affairs cooperation. It was created as a response to the ever-increasing
dimension of criminal and terrorist networks, which perpetrate their illicit activities at transnational
level posing a significant threat to the internal security of all the European countries as well as to the
safety of their citizens. Europol is an international organization with legal personality headquartered
in The Hague, Netherlands which can be considered the European Union’s law enforcement body.

It is controlled by a Management Board, which is formed by one representative from each


member state and an additional one from the European Commission. However, Europol’s day-to-
day management is in the hands of a Director and three Deputy Directors.

The European Union Agency for Law Enforcement Cooperation, better known under the
name Europol, formerly the European Police Office and Europol Drugs Unit, is the law enforcement
agency of the European Union (EU) formed in 1998 to handle criminal intelligence and combat serious
international organized crime and terrorism through cooperation between competent authorities of EU
member states. The Agency has no executive powers, and its officials are not entitled to arrest suspects
or act without prior approval from competent authorities in the member states

Catherine De Bolle (born 17 February 1970) is the executive director of Europol, succeeding Rob
Wainwright whose term expired on 1 May 2018.

EUROPOL AND CRIME CONTROL

The European Union Agency for Law Enforcement Cooperation (Europol) is the EU’s law
enforcement agency, whose remit is to help make Europe safer by assisting law enforcement
authorities in EU member countries.

What it does?
Benefiting from its central position in the European security architecture, Europol offers a unique
range of services:
-support for law enforcement operations on the ground
-a hub for information on criminal activities
-a centre of law enforcement expertise.

Europol employs some 100 criminal analysts who are among the best-trained in Europe.
This gives it one of the largest concentrations of analytical capability in the EU. Analysts use
state-of-the-art tools to support national agencies' investigations on a daily basis.
To give national partners a deeper insight into the criminal problems they face, Europol
produces regular long-term analyses of crime and terrorism.

Structure:

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Europol is headed by a Director, who is Europol’s legal representative and appointed by the
EU Council.
Europol’s Management Board gives strategic guidance and oversees the implementation of
Europol’s tasks. It comprises one high-ranking representative from each EU country and the
European Commission.
Each country has a Europol National Unit, which is the liaison body between Europol and the
other national agencies.

How it works?
Europol’s daily business is based on its strategy. Its specific objectives are set out in
the Europol annual work programme.
In 2010, the EU established a multi-annual policy cycle to ensure effective cooperation
between national law enforcement agencies and other bodies (EU and elsewhere) on serious
international and organised crime.
This cooperation is based on Europol’s Serious and Organized Crime Threat Assessment
(SOCTA).

Who benefits?
-Law enforcement agencies, who get 24/7 operational support.
-Government departments and private companies working in partnership with Europol.
-EU Member States, supported in their investigations, operational activities and projects to tackle
criminal threats.

Large-scale criminal and terrorist networks pose a significant threat to the internal security of the
EU and to the safety and livelihood of its people. The biggest security threats come from:
 terrorism;
 international drug trafficking and money laundering;
 organized fraud;
 the counterfeiting of euros;
 Trafficking in human beings.
The networks behind the crimes in each of these areas are quick to seize new opportunities,
and they are resilient in the face of traditional law enforcement measures.
The European security architecture allows to offer a unique range of services and to serve as a:
 support center for law enforcement operations;
 hub for information on criminal activities;
 Center for law enforcement expertise.

Analysis is at the core of the activities. Their criminal analysts are among the best trained in
Europe. They use state-of-the-art tools to support investigations by law enforcement in Member
States on a daily basis.

To give their partners deeper insights into the crimes they are tackling, they produce regular
assessments that offer comprehensive, forward-looking analyses of crime and terrorism in the EU,
including the:

 EU Serious and Organized Crime Threat Assessment (SOCTA), which updates Europe’s
law enforcement community and decision-makers on developments in serious and organized
crime and the threats it poses;
 EU Terrorism Situation and Trend Report (TE-SAT), which gives a detailed account of the
state of terrorism in the EU;
 Internet Organized Crime Threat Assessment (iOCTA), which reports on key findings and
emerging threats and developments in cybercrime;

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 Europol Review, an annual publication that details the progress that the organization and
their partners has made in fighting crime.

Through these reports and in other ways, Europol serves as an EU centre of expertise,
providing a central platform for law enforcement experts from the Member States.

International crime and terrorist groups operate worldwide and make use of the latest
technology. To ensure an effective and coordinated response, Europol needs to be equally flexible
and innovative, and to make sure its methods and tools are up to date.

That is why they are home to a number of specialized bodies and bespoke systems.
The bodies are:

 Europol’s operational center, the 24/7 hub for data exchange among Europol, Member
States and third parties;
 the European Cybercrime Centre (EC3), which strengthens the law enforcement response to
cybercrime in the EU and thus help protect European citizens, businesses and governments
from online crime;
 the Joint Cybercrime Action Taskforce (J-CAT), which drives intelligence-led, coordinated
action against key cybercrime threats and top targets by stimulating and facilitating the joint
identification, prioritization, preparation and initiation of investigations;
 the European Counter Terrorism Centre (ECTC), an operations centre and hub of expertise
that is a central part of the EU’s efforts to enhance its response to terror;
 the European Migrant Smuggling Centre (EMSC), which supports Member States in
targeting and dismantling the complex and sophisticated criminal networks involved in
migrant smuggling;
 The Intellectual Property Crime Coordinated Coalition (IPC3), which is central to the EU’s
efforts to stem the tide of intellectual property crime within and outside the EU.

Europol's specialized systems, which offer fast and secure capabilities for storing, searching,
visualizing and linking information, thus comprise a sophisticated crime-fighting toolbox, which
include:

 FIU.net, a decentralized and sophisticated computer network supporting the financial


intelligence units (FIUs) in the EU in their fight against money laundering and the financing of
terrorism;
 The Secure Information Exchange Network Application (SIENA), a state-of-the-art platform
that meets the communication needs of EU law enforcement;
 the Europol Platform for Experts (EPE), a secure, collaborative web platform for specialists
working in a variety of law enforcement areas;
 the European Information System, the reference system for offences, the individuals
involved in them, and other related data.

Europol is a high-security operational center that operates non-stop: 24 hours a day, seven days
a week.

Europol officers are always ready to travel at short notice and provide support through our
mobile office. Our presence is also in demand in the fight against illicit drugs, and we have a fully
operational team to help dismantle synthetic drugs laboratories on the spot.

Since Europol can respond flexibly, we focus on different areas of criminal and terrorist
activity from one year to the next, depending on requirements. Our main priorities, however, tend to
remain relatively stable, reflecting those of international criminal and terrorist groups. Over the years
we have built up substantial experience in fighting drug trafficking, illicit immigration

47
networks and trafficking in human beings, illicit vehicle trafficking, cybercrime, money
laundering and currency forgery. Europol is the central European office for combatting euro
counterfeiting.

Europol enjoys excellent cooperative arrangements with law enforcement partners in Europe
and beyond. It also values its accountability arrangements which are among the most robust and
transparent in the world.

B. ASEANAPOL

ASEANAPOL is the organization of the ASEAN Chiefs of National Police.


The first formal meeting of the Chiefs of ASEAN Police was held in Manila, Philippines on
the 21 to 23 October 1981.This is to discuss matters of law enforcement and crime control. This
annual meeting was called ASEANAPOL Conference. The basic requirement for a country to
become a member of ASEANAPOL is that the country shall first be a member of ASEAN and the
application shall be tabled at the conference for approval. The members of ASEANAPOL were
originally Malaysia, Singapore, Thailand, Indonesia and the Philippines. 1984, Royal Brunei Police
joined the conference for the 1st time.1996, The Republic of Vietnam National Police joined the
conference. In 1998, Laos General Department of Police and Myanmar police force joined the
conference. In 2000, Cambodia National Police joined the conference. The current members of
ASEANAPOL are Brunei, Cambodia, Indonesia, Lao People Democratic Republic, Malaysia,
Myanmar, The Philippines, Singapore, Thailand and Vietnam.

The Secretariat of ASEANAPOL was on a rotational basis with member countries taking
turns to host the ASEANAPOL Conference and automatically assume the role of the secretariat for
the current year.

The 25th Joint Communique signed by the ASEAN Chiefs of Police during the 25th
ASEANAPOL Conference held in Bali, Indonesia, expressly stated the need to establish a
Permanent ASEANAPOL Secretariat.

Objectives of the establishment of a Permanent Secretariat:

 To harmonize and standardize coordination and communication mechanisms amongst


ASEAN police institutions;
 To conduct a comprehensive and integrative study concerning the resolutions agreed in the
ASEANAPOL Joint Communiqués
 To establish a mechanism with responsibility to monitor and follow up the implementation of
resolutions in the Joint Communiqués; and
 To transform the resolutions adopted in the Joint Communiqués into ASEANAPOL Plan of
Action and its work program

The working group which was set up to consider the viability of the permanent ASEANAPOL
Secretariat finalized that:

1. The Secretariat shall be administrated based on the Terms of Reference;


2. The Head of the Secretariat is an Executive Director and he is assisted by 2 Directors

The tenure of services are:


Executive Director - 2 years
Directors - 2 to 3 years

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 During the 29th ASEANAPOL Conference in Hanoi, Vietnam in 2009, the Terms of
Reference on the establishment of ASEANAPOL Secretariat was endorsed. Kuala Lumpur
was made the permanent seat for the Secretariat.
 The ASEANAPOL Secretariat was fully operational from the 1st January 2010.

OBJECTIVES:

 Ensure the effective implementation of all resolutions adopted at the ASEANAPOL


Conferences;
 Serve as a coordination and communication mechanism to allow members to establish and
to maintain all channels of interaction amongst members;
 Foster mutual assistance and cooperation amongst members; and
 Endeavour to increase regional cooperation efforts against transnational crime.

FUNCTIONS

 Prepare and implement work plans for effective implementation of all the resolutions
adopted in the annual Joint Communiqués signed at the ASEANAPOL Conferences;
 Facilitate and coordinate cross-border cooperation on intelligence and information sharing
and exchange;
 Facilitate and coordinate joint operations and activities involving criminal investigations, the
building and maintenance of the ASEANAPOL database, training, capacity building, the
development of scientific investigative tools, technical support and forensic science;
 Provide support and necessary assistance in organizing the ASEANAPOL Conferences;
 Submit on a quarterly basis to the Chiefs of ASEAN Police Forces proposals on all planned
programmed and activities to be carried out;
 Prepare an annual report on its activities and expenditure to be presented to the
ASEANAPOL Executive Committee immediately before the ASEANAPOL Conference, and
distributed to all members and to the ASEANAPOL Conference; and;
 Act as a custodian of all documents and records of ASEANAPOL

A. WHAT IS UN?

-It is an international organization composed of various member nations


-It has promulgated laws which are applicable to the member nation. The UN can intervene
wherever there is violation to the international law.
-Its aims and activities have expanded to make it the archetypical international body in the early
21st century.
-US president Franklin Delano Roosevelt - he first suggested using the name united nations to refer
to the allies of World War II.

-As to criminalities, UN has the major function of suppressing transnational and international crime
which is virtually done by organized crime groups.
-The idea for the future United Nations as an international organization emerged in a declarations
signed at the wartime allied conference:

The Moscow conference and Tehran Conference in 1943

-April 25, 1945 - UN conference on international organization began in San Francisco


-The leaders of the UN had high hopes that it would act to prevent future wars impossible.
-UN also becomes the agency for achieving world peace and cooperation.

49
-December 1945 - the US senate and House of Representatives by unanimous votes requested that
the UN make its headquarters in the United States.

The UN accepted the suggestion and they build their headquarters at New York City. The
UN headquarters officially opened on January 9,1951, although construction was not formally
completed until October 9, 1952. Under special agreement with the United States the UN enjoys
certain diplomatic privileges and immunities, but generally the laws of the New York, New York
state, and United States apply.

United Nations - coined by Franklin Roosevelt in 1941, UN describes the countries fighting against
the Axis, it was first used officially on January 1, 1992

-UN was conceived as an organization of peace-loving nations who were combining to prevent
future aggression and for other humanitarian purpose.
-The Security Council specially was expected to work in relative unanimity. The Security Council is a
military force.
-1899 - The international peace conference was held in the league to elaborate instruments for
settling crisis peacefully, preventing wars and codifying rules of warfare.
-The fore runner of the United Nations was the League of Nations, an organization conceived in
similar circumstances during the first world war and established in 1919 under the treaty of
Versailles to promote international cooperation and to achieve peace and security
-International labor organization - created under the treaty of Versailles as an affiliate agency of the
league.
-The league of the nations ceased its activities after failing to prevent the Second World War.
-1945 - Representatives of 50 countries met in San Francisco at the UN conference on international
organizations to draw up the UN charter

The charter was signed on 20 June 1945 by the representatives of the 50 countries. Poland which
was not represented at the conference, signed it later and became one of the original 51 member
states
-The UN officially came into existence on October 24, 1945, when the charter had been ratified by
China, France, the Soviet Union, the UK, US and by a majority of other signatures.
-October 24 - it's the United Nations day
-There are currently 193 member states in the UN

Resolution 2750 (XXVI), October 25, 1971 - the general assembly decided to restore all its right to
the peoples of China and to recognize the representative of its government as the only legitimate
representative of China to the United Nations.

-December 1991 - Russia resumed the permanent Security Council seat previously held by the
USSR

-Non-member observer state - are recognized as sovereign states and are free to submit a petition
to the security council join as a full member at their discretion

B. THE UN CONVENTION AGAINST TRANSNATIONAL CRIMES

Adopted by General Assembly resolution 55/25 of 15 November 2000

The Convention is the main international instrument in the fight against transnational organized
crime. It opened for signature by Member States in Palermo, Italy, on 12-15 December 2000 and
entered into force on 29 September 2003. The Convention represents a major step in the fight

50
against transnational organized crime, including human trafficking. It signifies the need to foster and
improve the international cooperation in order to tackle these problems. States that ratify this
Convention commit themselves to taking a number of measures against transnational organized
crime. These include the creation of domestic criminal offences; the adoption of new comprehensive
frameworks for extradition, mutual legal assistance and law enforcement cooperation; and the
promotion of training and technical assistance for building or upgrading the necessary capacity of
national authorities.

a. The Protocol against the Smuggling of Migrants -deals with the growing problem of organized
criminal groups who smuggle migrants, often at high risk to the migrants and at great profit for the
offenders.

b. The Protocols against Trafficking in Person -deals with the problem of modern slavery, in
which the desire of people to seek a better life is taken advantage of by organized criminal groups.
Migrants are often confined or coerced into exploitive or oppressive forms of employment, often in
sex trade or in dangerous occupations, with the illicit incomes generated from these activities going
to organized crime.

The Protocols also commit countries which ratify them to making the basic subject of the Protocol a
criminal offence and to adopting other specific measures, such as controls on travel documents, to
combat the problem. These supplement the more general measures found in the Convention, and
countries must become parties to the Convention itself before they can become parties to any of the
Protocols.

c. A third protocol, dealing with the illicit manufacturing of and trafficking in firearms, parts
and components, and ammunition, remains under discussion.

The Protocols:

1. Human trafficking
Trafficking in persons is the recruitment, transportations, transfer, harboring or receipts of
persons, by means of threat or use of force or other force of coercion, of abduction, of fraud, of
deception, the abuse of power for the purpose of exploitation.

The act (what is done)


-Recruitment, transportation, transfer, harboring or receipt of persons.

The means (how it is done)


-Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or
several slavery is the slavery of unwilling people who are coerced into that conditions for sexual
exploitation.

The purpose (why it is done)


-For the purpose of exploitation, which includes exploiting the prostitution of others, sexual
exploitation, forced labor, slavery/ similar practices and the removal of organs
- To ascertain whether a particular circumstance constitutes trafficking in persons protocol on the
constituent elements of the offence, as defined by relevant domestic legislation.

In adherence to the Protocol, the Philippine being a member nation promulgated a domestic law
known as;
R.A. 9208 - the anti-trafficking in persons act of 2003 (republic acts of the Philippines)

2. Sexual slavery
The incidence of sexual slavery by county has been studied and tabulated by UNESCO ,
with the cooperation of various international agencies, sexual slavery may include single owner

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sexual slavery, ritual slavery sometimes associated with certain religious practices, such as trokosi
in Ghana Togo/ Benin, slavery for primarily non-sexual purpose but where non-consensual sex is
common or forced prostitution, the Vienna declaration response in order to attempt to eradicate
sexual slavery on the basis that it is a human right issue.

C. CASES RELATED TO HUMAN TRAFFICKING

1. People of the Philippines vs. Hadja Jarma Lalli y Purih, Ronnie Aringoy y Masion, and
Nestor Relampagos (at large)

Issue: whether or not the above respondents are guilty of human trafficking.

Facts: Lolita Plado was forced to work as entertainer at Pipen Clib. She started working at 8:30 in
the evening of June 14, 2005. She was given the number 60 which was pinned on her. That night,
she has her first costumer who selected her among the other women at the club. He was a very big
man, about 32 years old, a Chinese-Malay who looked like a wrestler. The man paid for short time
service at the counter. Lolita was given by the cashier to a small pink paper. She was instructed to
keep it. A small yellow paper was given to the entertainer for overnight services. The costumer
brought Lolita to a hotel. She did not like to go with him but a "boss" at the club told her that she
could not do anything. At the hotel, the man poked a gun at Lolita and instructed her to undress.
She refused. The man boxed her on the side of her body. She could not bear the pain. The man
undressed her and had sexual intercourse with her.

He had sexual intercourse with her every 15 minutes or four times in one hour. When to costumer
went inside the comfort room, Lolita put on her clothes and left. The costumer followed her and
wanted to bring her back to the hotel but Lolita refused. At about 1:00 o'clock in the morning of June
15, 2005, Lolita was chosen by another costumer, a tall dark man, about 40 years old. The
costumer paid for an overnight service at the counter and brought Lolita to Mariner hotel which is far
from the Pipen club. At the hotel, the man told Lolita to undress. When she refused, the man
brought her to the comfort room and bumped her head on the wall. Lolita felt dizzy. The man
opened the shower and said that both of them will take a bath. Lolita's clothes got wet. She was
crying. The man undressed her and had sexual intercourse with her. They stayed at the hotel until
11:00 o'clock in the morning of June 15, 2005. The costumer used Lolita many times. He had sexual
intercourse with her every hour.

Decision: the regional trial court rendered its decision on 29 November 2005, with its dispositive
portion declaring:
Whereof, the court finds accused Hadja Jarma Lalli y Purih and Ronnie Aringoyy Mansion GUILTY
beyond reasonable doubt in Criminal case no. 21908 of the crime of trafficking in persons defined in
section 3(a) and penalized under section 10(c) in relation to section 4(a) and 6(c) of republic act
9208 known as the "anti-trafficking in persons act of 2003" and in criminal case no 21930 of the
crime of illegal recruitment defined in section 6 and penalized under section 7(b) of republic act no
8042 known as the "migrant workers and overseas filipinos act of 1995" and sentences each of said
accused:
1. In criminal case no 21908, to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of
P2,000,000.00 pesos;
2. In criminal case no. 21930, to suffer the penalty of LIFE TIME IMPRISONMENT and to pay a fine
of P500,000.00 pesos;
3. To pay the offended party Lolita Plando y Sagadsad, jointly and severally, the sum of P50,000.00
as moral damages, and P50,000.00 as exemplary damages, and

4. To pay the costs.

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The trial court did not find credible the denials of the accused-applelants over the candid, positive
and convincing the testimony of complainant Lolita Plando (Lolita). The accused, likewise, tried to
prove that Lolita was a Guest relations officer (GRO) in the Philippines with four children fathered by
four different men. However, the trial court found these allegations irrelevant and immaterial to the
criminal prosecution. These circumstances, even if true, would not exempt or mitigate the criminal
liability of the accused. The trial court found that the accused, without a POEA license, conspired in
recruiting Lolita and trafficking her as a prostitute, resulting in crimes committed by a syndicate. The
trial court did not pronounce the liability of accused-at-large Nestor Relampagos because
jurisdiction was not acquired over his person.

2. IACAT Lauds Victory vs. Human Trafficker in Malaysia

The inter-agency council against trafficking (IACAT), together with its non-government partner Blas
F. Ople policy center, lauded the Malaysian court for ending the human trafficking operations of
Singaporean national Eugene Lim Beng Huat aka "Alfred Lim", who victimized more than a hundred
Filipina workers overseas.

The session's court of Malaysia sentenced Lim to a total of six years imprisonment after finding him
guilty on two counts of human trafficking of two Filipinas about four years ago. Judge Ahmad
Zamzani handed down a jail sentence totaling six years on the two charges. Both the charges were
framed under section 12 of the "anti-trafficking in persons and anti-smuggling of migrants act 2007"
of Malaysia, a counterpart of the Philippines republic act 9208 or "anti-trafficking in act of 2003"

Earlier reports connect Lim to a pattern of illegal recruitment and trafficking in cahoots with some
immigration officials at the Diosdado Macapagal International Airport (DMIA), implicating eighteen
immigrations officers stationed therein. On 16 July 2010, justice Secretary Leila de Lima already
dismissed the 18 officials from service and issued a memorandum charging grave misconduct,
conduct prejudicial to the best interest of service, dishonesty, gross neglect of duty.

IACAT undersecretary-in-charge Jose Vincent Salazar expressed that "together with Blas F. Ople
policy center, we celebrate this as a major milestone inour fight against human trafficking."
Undersecretary Salazar also confirms the vital role of the private sector and nongovernment
organizations in dealing with individuals and entities violating the anti human trafficking law.

Based on the account of witnesses, Lim's pattern of operation is to recruit vulnerable women in
search for jobs overseas through scouts fanned all over the country. These victims were then made
to wear white t-shirts with their passports bearing a sticker formed into a letter "A" facilitating their
exit in DMIA. Upon deployment in Malaysia, mobile phones, passports and pocket money were
confiscated by Lim's cohorts. Most of the recruited women were made to suffer physical and sexual
abuse to employers who already paid Lim in advance. Some were subjected to prostitution, housed
at Lim's three-storey townhouse in Kuala Lumpur. There were even accounts specifically pointing to
Lim personally beating up women who were returned by their employers because he loses money
every time an employer seeks a refund citing dissatisfaction with the Filipina domestic worker.

"These atrocities should be brought to an end. This victory would help to reassure the public that the
government along with its partners is doing its best to protect their rights and interests, even outside
our borders." Added Salazar.

Justice Secretary Government’s De Lima similarly expressed her delight about this high point in the
government’s anti-human trafficking efforts. De Lima also declared in that this case is one of a
number cross-border and trans-atlantic human trafficking cases that the department is fervently
pursuing.

This case is among the resolved cross-border human trafficking cases since the passage of the RA
9208 creating the IACAT as the government's anti-human trafficking body. "This also highlights the

53
commitment of IACAT and its NGO partners in pursuing the fight against human trafficking," Salazar
added.

3. 5 cases vs. parents of victims (a typical issue of parent's abuses)

Cebu, Philippines - five cases will be filed against the couple who exploited their own children
through cybersex.

Prosecutor Nelia Sistoso recommended the filing of the case which was approved by
acting provincial prosecutor Joseph Berciles after the a resident of Cordova, Cebu waived their
rights to undergo preliminary investigation.
The cases are those filed by the national bureau of investigation (NBI) namely republic act
(RA) 9208 or qualified human trafficking, RA 9775 or child pornography and RA 7610 or the law
against child abuse.
Sistomo recommended the filing of the case for violation of section 4(a), which tackles the
act of hiring, employing, using, persuading, inducing or coercing a child to perform in the creation or
production of any form of child pornography.
The couple is also facing charges for violating section 4 (c) of the law, which tackles the
publishing, offering, transmitting, selling, distributing, broadcasting, advertising, promoting, exporting
or importing any form of child pornography.
Section 4 (g) of the law, deals with the parent, legal guardian or person having custody or
control of a child and knowingly permit the child to engage, participate or assist in any form of child
pornography.
Furthermore, Sistomo recommended the filing of charges for violating section 10 (a) of RA
7610, which deals with any person who commit any other acts of child abuse, cruelty or exploitation
or to be responsible for their conditions prejudicial to the child's development.
In this case, the victims aged 15, 13, 11, 9, 7, and 4 were told to pose in front of the
camera while foreign customers were watching them over an exclusive website.

D. UN MANDATES ON HUMAN TRAFFICKING

The UN define human trafficking as a crime against humanity. An act of recruiting,


transporting, transferring, harboring or receiving a person through the use of force, coercion or other
means, for the purpose of exploiting them.

United nation office on drug and crime (UNODC)


Established to execute the protocol to prevent, suppress and punish trafficking in person. It
is adopted by general assembly resolution 55/25 and entered into action on 25 December 2003.

The reason behind this definition of human trafficking by the UN is to facilitate national
governance in national approaches with regard to the establishment of domestic criminal offenses
that would support efficient international cooperation investigating and prosecuting trafficking in
person cases.

Thematic programme against transnational organized crime and illicit trafficking


This program explains on preventing and combating organized crime in globalized world.
It describes the work of DNODC to assists projects countries in in relation developingto all
strategies, aspects of the policies, united action nations plans, convention program against and
transnational organized crime.

Components of the protocol:


1. Research and awareness raising

54
Produces research and issue paper about trafficking through a campaign against human
trafficking.
2. Promotion of the protocol and capacity building
Providing legislative assistance for strengthened criminal justice responses and protection
and support to victim of trafficking in person.

3. The strengthening of partnership and coordination


Participating in inter-agency groups such as ICAT, GMG and its management of the Un
trust fund for victim in trafficking in person.

Inter-agency coordination group against trafficking in person (ICAT) Established in 2007, pursuant
to the untied nation general assembly revolution 61/180

The global application migration group (GMG)


the An inter-agency, group of bringing all together heads of agencies to promote the wider
application of all international and regional instrument and norms relating to migration and to
encourage the adaptation of more coherent, comprehensive and better coordinated approaches to
the issue of international migration.

United Nations voluntary trust fund


Is to provide humanitarian, legal and financial aid to victims of trafficking in persons
through established channels of assistance.

Criminalization of trafficking under the protocol

1. Acts
a. recruitment
b. transportation
c. transfer
d. harboring
e. receipt of persons

2. Means
a. use of force
b. threat of the use of force
c. other forms of coercion
d. abduction
e. fraud
f. deception

3. Purpose
a. Prostitution
b. Forms of exploitation
c. Forced labor or services
d. Slavery
e. Removal of organs

From the Philippines they adopted the protocol of the UN then created the provision:

RA 9208 the anti-trafficking in person act of 2003

It is defined as human trafficking as the recruitment, transportation, transfer or harboring receipt of


person with or without the victims consent or knowledge, within or across national boarder by

55
means of threat, coercion, abduction, fraud, deception, abuse of power or position, taking
advantage of the vulnerability of the person or the giving or receiving of payments or benefits to
achieve the consent of a person having control over the person for the purpose of exploitation which
includes at a minimum, prostitution of other or service, slavery, servitude or the removal or sale of
organs.

UNODC objectives
-uniquely positioned to ensure an effective and comprehensive criminal justice response to
trafficking in person and smuggling of migrants founded in full implementation of the protocol to the
organized crime convention.

The protocol on human trafficking


-the protocol to prevent, suppress and punish trafficking in persons especially women and children.

The UN convention against transnational organized crime supplemented by three protocols, which
target specific areas which are the following:
-The protocol to prevent, suppress and punish trafficking in persons
-The protocol against smuggling of migrants by land, sea and air
-The protocol against the illicit manufacturing of and trafficking in firearms.

Agencies concerning the human trafficking


1. UN convention against transnational organized crime (UNTOC)
2. UNs office on drugs and crime (UNODC)
3. The inter-agency coordination group against trafficking in person (ICAT)
4. The global migration group (GMG)
5. UNs global initiative to fight human trafficking (UNGIFT)
6. UNs voluntary trust fund for victims of trafficking persons, especially women and
children.

The difference between human trafficking from migrant smuggling

1. Consent - migrant smuggling often under taken in dangerous or degrading conditions, involves
consent trafficking victims on the other hand, have either never consented or if they initially
consented that consent has been rendered meaningless by the coercive, deceptive or abusive
action of the trafficker.

2. Exploitation - migrant smuggling ends with the migrants arrival at their destination, whereas
trafficking involves the ongoing exploitation of the victim

3. Transnationality - smuggling as always transnational, whereas trafficking may not be. Trafficking
may occur regardless of whether victims are taken to another state or moved within a states border.

4. Source of profit - in smuggling cases are derived from the transportation of facilitation of the
illegal entry or stay of a person into another country, while in trafficking cases profits are derived
from exploitation.

E. UN INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted
by the United Nations General Assembly on 16 December 1966 through GA. Resolution 2200A
(XXI), and came in force from 3 January 1976.

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Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and
political rights,
Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized
in the present Covenant,
Agree upon the following articles:

PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity with the provisions of the Charter of
the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights
recognized in the present Covenant by all appropriate means, including particularly the adoption of
legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in
the present Covenant will be exercised without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national economy, may
determine to what extent they would guarantee the economic rights recognized in the present
Covenant to non-nationals.

57
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that, in the enjoyment of those rights
provided by the State in conformity with the present Covenant, the State may subject such rights
only to such limitations as are determined by law only in so far as this may be compatible with the
nature of these rights and solely for the purpose of promoting the general welfare in a democratic
society.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of the rights
or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the
present Covenant.
2. No restriction upon or derogation from any of the fundamental human rights recognized or
existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the
pretext that the present Covenant does not recognize such rights or that it recognizes them to a
lesser extent.
PART III
Article 6
1. The States Parties to the present Covenant recognize the right to work, which includes the right
of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will
take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of
this right shall include technical and vocational guidance and training programmes, policies and
techniques to achieve steady economic, social and cultural development and full and productive
employment under conditions safeguarding fundamental political and economic freedoms to the
individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just
and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in
particular women being guaranteed conditions of work not inferior to those enjoyed by men, with
equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present
Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level,
subject to no considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well
as remuneration for public holidays
Article 8

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1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right other than those prescribed by
law and which are necessary in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and the right of the
latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than those prescribed
by law and which are necessary in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the particular
country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces or of the police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or apply the law in such a manner as would
prejudice, the guarantees provided for in that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone to social security,
including social insurance.
Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the family, which is the
natural and fundamental group unit of society, particularly for its establishment and while it is
responsible for the care and education of dependent children. Marriage must be entered into with
the free consent of the intending spouses.
2. Special protection should be accorded to mothers during a reasonable period before and after
childbirth. During such period working mothers should be accorded paid leave or leave with
adequate social security benefits.
3. Special measures of protection and assistance should be taken on behalf of all children and
young persons without any discrimination for reasons of parentage or other conditions. Children and
young persons should be protected from economic and social exploitation. Their employment in
work harmful to their morals or health or dangerous to life or likely to hamper their normal
development should be punishable by law. States should also set age limits below which the paid
employment of child labour should be prohibited and punishable by law.
Article 11
1. The States Parties to the present Covenant recognize the right of everyone to an adequate
standard of living for himself and his family, including adequate food, clothing and housing, and to
the continuous improvement of living conditions. The States Parties will take appropriate steps to
ensure the realization of this right, recognizing to this effect the essential importance of international
co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be
free from hunger, shall take, individually and through international co-operation, the measures,
including specific programmes, which are needed:

59
(a) To improve methods of production, conservation and distribution of food by making full use of
technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by
developing or reforming agrarian systems in such a way as to achieve the most efficient
development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure
an equitable distribution of world food supplies in relation to need.
Article 12
1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization
of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy
development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the
event of sickness.
Article 13
1. The States Parties to the present Covenant recognize the right of everyone to education. They
agree that education shall be directed to the full development of the human personality and the
sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms.
They further agree that education shall enable all persons to participate effectively in a free society,
promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious
groups, and further the activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational secondary
education, shall be made generally available and accessible to all by every appropriate means, and
in particular by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as possible for those persons
who have not received or completed the whole period of their primary education;
(e) The development of a system of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material conditions of teaching staff shall be
continuously improved.
3. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to choose for their children schools, other than those
established by the public authorities, which conform to such minimum educational standards as may
be laid down or approved by the State and to ensure the religious and moral education of their
children in conformity with their own convictions.
4. No part of this article shall be construed so as to interfere with the liberty of individuals and
bodies to establish and direct educational institutions, subject always to the observance of the

60
principles set forth in paragraph I of this article and to the requirement that the education given in
such institutions shall conform to such minimum standards as may be laid down by the State.
Article 14
Each State Party to the present Covenant which, at the time of becoming a Party, has not been able
to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary
education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of
action for the progressive implementation, within a reasonable number of years, to be fixed in the
plan, of the principle of compulsory education free of charge for all.
Article 15
1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization
of this right shall include those necessary for the conservation, the development and the diffusion of
science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and
cultural fields.
PART IV
Article 16
1. The States Parties to the present Covenant undertake to submit in conformity with this part of the
Covenant reports on the measures which they have adopted and the progress made in achieving
the observance of the rights recognized herein.
2.
(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
copies to the Economic and Social Council for consideration in accordance with the provisions of
the present Covenant;
(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies
copies of the reports, or any relevant parts therefrom, from States Parties to the present Covenant
which are also members of these specialized agencies in so far as these reports, or parts therefrom,
relate to any matters which fall within the responsibilities of the said agencies in accordance with
their constitutional instruments.
Article 17
1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance
with a programme to be established by the Economic and Social Council within one year of the
entry into force of the present Covenant after consultation with the States Parties and the
specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under
the present Covenant.

61
3. Where relevant information has previously been furnished to the United Nations or to any
specialized agency by any State Party to the present Covenant, it will not be necessary to
reproduce that information, but a precise reference to the information so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights
and fundamental freedoms, the Economic and Social Council may make arrangements with the
specialized agencies in respect of their reporting to it on the progress made in achieving the
observance of the provisions of the present Covenant falling within the scope of their activities.
These reports may include particulars of decisions and recommendations on such implementation
adopted by their competent organs.
Article 19
The Economic and Social Council may transmit to the Commission on Human Rights for study and
general recommendation or, as appropriate, for information the reports concerning human rights
submitted by States in accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.
Article 20
The States Parties to the present Covenant and the specialized agencies concerned may submit
comments to the Economic and Social Council on any general recommendation under article 19 or
reference to such general recommendation in any report of the Commission on Human Rights or
any documentation referred to therein.
Article 21
The Economic and Social Council may submit from time to time to the General Assembly reports
with recommendations of a general nature and a summary of the information received from the
States Parties to the present Covenant and the specialized agencies on the measures taken and
the progress made in achieving general observance of the rights recognized in the present
Covenant.
Article 22
The Economic and Social Council may bring to the attention of other organs of the United Nations,
their subsidiary organs and specialized agencies concerned with furnishing technical assistance any
matters arising out of the reports referred to in this part of the present Covenant which may assist
such bodies in deciding, each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international action for the achievement of
the rights recognized in the present Covenant includes such methods as the conclusion of
conventions, the adoption of recommendations, the furnishing of technical assistance and the
holding of regional meetings and technical meetings for the purpose of consultation and study
organized in conjunction with the Governments concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of
the United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard
to the matters dealt with in the present Covenant.
Article 25

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Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.
PART V
Article 26
1. The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International
Court of Justice, and by any other State which has been invited by the General Assembly of the
United Nations to become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed the
present Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 27
1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of ratification or instrument of
accession.
Article 28
The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 29
1. Any State Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any
proposed amendments to the States Parties to the present Covenant with a request that they notify
him whether they favour a conference of States Parties for the purpose of considering and voting
upon the proposals. In the event that at least one third of the States Parties favours such a
conference, the Secretary-General shall convene the conference under the auspices of the United
Nations. Any amendment adopted by a majority of the States Parties present and voting at the
conference shall be submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of
the United Nations and accepted by a two-thirds majority of the States Parties to the present
Covenant in accordance with their respective constitutional processes.
3. When amendments come into force they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of the present Covenant and
any earlier amendment which they have accepted.
Article 30

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Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under article 26;
(b) The date of the entry into force of the present Covenant under article 27 and the date of the
entry into force of any amendments under article 29.
Article 31
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Covenant to all States referred to in article 26.

F. UN CONVENTION ON THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES

Also called the first Geneva Convention; The First Geneva Convention focuses on the rights of
Individuals, combatants and non-combatants, during war. It is lengthy and detailed, perhaps
because human rights are rarely at such risk as during war and, in particular, involving prisoners of
war or enemy captives.

G. CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMANE OR DEGRADING


TREATMENT OR PUNISHMENT

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46
of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)

The States Parties to this Convention,


a. Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
b. Recognizing that those rights derive from the inherent dignity of the human person,
c. Considering the obligation of States under the Charter, in particular Article 55, to promote
universal respect for, and observance of, human rights and fundamental freedoms,
d. Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the
International Covenant on Civil and Political Rights, both of which provide that no one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment,
e. Having regard also to the Declaration on the Protection of All Persons from Being Subjected to
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General
Assembly on 9 December 1975,
f. Desiring to make more effective the struggle against torture and other cruel, inhuman or
degrading treatment or punishment throughout the world,
Have agreed as follows:
PART I
Article 1

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1. For the purposes of this Convention, the term "torture" means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him for an act he or a
third person has committed or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a public official or other
person acting in an official capacity. It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does
or may contain provisions of wider application.
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of
torture.
Article 3
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there
are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall
take into account all relevant considerations including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The
same shall apply to an attempt to commit torture and to an act by any person which constitutes
complicity or participation in torture. 2. Each State Party shall make these offences punishable by
appropriate penalties which take into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over
the offences referred to in article 4 in the following cases:
(a) When the offences are committed in any territory under its jurisdiction or on board a ship or
aircraft registered in that State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its
jurisdiction over such offences in cases where the alleged offender is present in any territory under
its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in
paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal
law.
Article 6
1. Upon being satisfied, after an examination of information available to it, that the circumstances so
warrant, any State Party in whose territory a person alleged to have committed any offence referred
to in article 4 is present shall take him into custody or take other legal measures to ensure his

65
presence. The custody and other legal measures shall be as provided in the law of that State but
may be continued only for such time as is necessary to enable any criminal or extradition
proceedings to be instituted.
2. Such State shall immediately make a preliminary inquiry into the facts.
3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating
immediately with the nearest appropriate representative of the State of which he is a national, or, if
he is a stateless person, with the representative of the State where he usually resides.
4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify
the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the preliminary inquiry
contemplated in paragraph 2 of this article shall promptly report its findings to the said States and
shall indicate whether it intends to exercise jurisdiction.
Article 7
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any
offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not
extradite him, submit the case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any ordinary
offence of a serious nature under the law of that State. In the cases referred to in article 5,
paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be
less stringent than those which apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection with any of the offences
referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.
Article 8
1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in
any extradition treaty existing between States Parties. States Parties undertake to include such
offences as extraditable offences in every extradition treaty to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it has no extradition treaty, it may
consider this Convention as the legal basis for extradition in respect of such offences. Extradition
shall be subject to the other conditions provided by the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall
recognize such offences as extraditable offences between themselves subject to the conditions
provided by the law of the requested State.
4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they
had been committed not only in the place in which they occurred but also in the territories of the
States required to establish their jurisdiction in accordance with article 5, paragraph 1.
Article 9
1. States Parties shall afford one another the greatest measure of assistance in connection with
criminal proceedings brought in respect of any of the offences referred to in article 4, including the
supply of all evidence at their disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph I of this article in conformity with
any treaties on mutual judicial assistance that may exist between them.
Article 10
1. Each State Party shall ensure that education and information regarding the prohibition against
torture are fully included in the training of law enforcement personnel, civil or military, medical

66
personnel, public officials and other persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or imprisonment.
2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the
duties and functions of any such person.
Article 11
Each State Party shall keep under systematic review interrogation rules, instructions, methods and
practices as well as arrangements for the custody and treatment of persons subjected to any form
of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing
any cases of torture.

Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction.

Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture in
any territory under its jurisdiction has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall be taken to ensure that the
complainant and witnesses are protected against all ill-treatment or intimidation as a consequence
of his complaint or any evidence given.

Article 14
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation, including the means for as
full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture,
his dependents shall be entitled to compensation.
2. Nothing in this article shall affect any right of the victim or other persons to compensation which
may exist under national law.
Article 15
Each State Party shall ensure that any statement which is established to have been made as a
result of torture shall not be invoked as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was made.

Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of
cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in
article I, when such acts are committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. In particular, the
obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to
torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other international
instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or
which relates to extradition or expulsion.
PART II

67
Article 17
1. There shall be established a Committee against Torture (hereinafter referred to as the
Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of
ten experts of high moral standing and recognized competence in the field of human rights, who
shall serve in their personal capacity. The experts shall be elected by the States Parties,
consideration being given to equitable geographical distribution and to the usefulness of the
participation of some persons having legal experience.
2. The members of the Committee shall be elected by secret ballot from a list of persons nominated
by States Parties. Each State Party may nominate one person from among its own nationals. States
Parties shall bear in mind the usefulness of nominating persons who are also members of the
Human Rights Committee established under the International Covenant on Civil and Political Rights
and who are willing to serve on the Committee against Torture.
3. Elections of the members of the Committee shall be held at biennial meetings of States Parties
convened by the Secretary-General of the United Nations. At those meetings, for which two thirds of
the States Parties shall constitute a quorum, the persons elected to the Committee shall be those
who obtain the largest number of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
4. The initial election shall be held no later than six months after the date of the entry into force of
this Convention. At. Ieast four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to submit their nominations
within three months. The Secretary-General shall prepare a list in alphabetical order of all persons
thus nominated, indicating the States Parties which have nominated them, and shall submit it to the
States Parties.
5. The members of the Committee shall be elected for a term of four years. They shall be eligible for
re-election if denominated. However, the term of five of the members elected at the first election
shall expire at the end of two years; immediately after the first election the names of these five
members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this
article.
6. If a member of the Committee dies or resigns or for any other cause can no longer perform his
Committee duties, the State Party which nominated him shall appoint another expert from among its
nationals to serve for the remainder of his term, subject to the approval of the majority of the States
Parties. The approval shall be considered given unless half or more of the States Parties respond
negatively within six weeks after having been informed by the Secretary-General of the United
Nations of the proposed appointment.
7. States Parties shall be responsible for the expenses of the members of the Committee while they
are in performance of Committee duties.
Article 18
1. The Committee shall elect its officers for a term of two years. They may be re-elected.
2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia,
that:
(a) Six members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under this Convention.

68
4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee.
After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of
procedure.
5. The States Parties shall be responsible for expenses incurred in connection with the holding of
meetings of the States Parties and of the Committee, including reimbursement to the United Nations
for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to
paragraph 3 of this article.
Article 19
1. The States Parties shall submit to the Committee, through the Secretary-General of the United
Nations, reports on the measures they have taken to give effect to their undertakings under this
Convention, within one year after the entry into force of the Convention for the State Party
concerned. Thereafter the States Parties shall submit supplementary reports every four years on
any new measures taken and such other reports as the Committee may request.
2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.
3. Each report shall be considered by the Committee which may make such general comments on
the report as it may consider appropriate and shall forward these to the State Party concerned. That
State Party may respond with any observations it chooses to the Committee.
4. The Committee may, at its discretion, decide to include any comments made by it in accordance
with paragraph 3 of this article, together with the observations thereon received from the State Party
concerned, in its annual report made in accordance with article 24. If so requested by the State
Party concerned, the Committee may also include a copy of the report submitted under paragraph I
of this article.
Article 20
1. If the Committee receives reliable information which appears to it to contain well-founded
indications that torture is being systematically practised in the territory of a State Party, the
Committee shall invite that State Party to co-operate in the examination of the information and to
this end to submit observations with regard to the information concerned.
2. Taking into account any observations which may have been submitted by the State Party
concerned, as well as any other relevant information available to it, the Committee may, if it decides
that this is warranted, designate one or more of its members to make a confidential inquiry and to
report to the Committee urgently.
3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the
co-operation of the State Party concerned. In agreement with that State Party, such an inquiry may
include a visit to its territory.
4. After examining the findings of its member or members submitted in accordance with paragraph 2
of this article, the Commission shall transmit these findings to the State Party concerned together
with any comments or suggestions which seem appropriate in view of the situation.
5. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be
confidential, and at all stages of the proceedings the co-operation of the State Party shall be sought.
After such proceedings have been completed with regard to an inquiry made in accordance with
paragraph 2, the Committee may, after consultations with the State Party concerned, decide to
include a summary account of the results of the proceedings in its annual report made in
accordance with article 24.
Article 21
1. A State Party to this Convention may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider communications to the effect that a State

69
Party claims that another State Party is not fulfilling its obligations under this Convention. Such
communications may be received and considered according to the procedures laid down in this
article only if submitted by a State Party which has made a declaration recognizing in regard to itself
the competence of the Committee. No communication shall be dealt with by the Committee under
this article if it concerns a State Party which has not made such a declaration. Communications
received under this article shall be dealt with in accordance with the following procedure;
(a) If a State Party considers that another State Party is not giving effect to the provisions ofthis
Convention, it may, by written communication, bring the matter to the attention of that State Party.
Within three months after the receipt of the communication the receiving State shall afford the State
which sent the communication an explanation or any other statement in writing clarifying the matter,
which should include, to the extent possible and pertinent, reference to domestic procedures and
remedies taken, pending or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six
months after the receipt by the receiving State of the initial communication, either State shall have
the right to refer the matter to the Committee, by notice given to the Committee and to the other
State;
(c) The Committee shall deal with a matter referred to it under this article only after it has
ascertained that all domestic remedies have been invoked and exhausted in the matter, in
conformity with the generally recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged or is unlikely to bring effective
relief to the person who is the victim of the violation of this Convention;
(d) The Committee shall hold closed meetings when examining communications under this article;
(e) Subject to the provisions of subparagraph
(e), the Committee shall make available its good offices to the States Parties concerned with a view
to a friendly solution of the matter on the basis of respect for the obligations provided for in this
Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation
commission;
(f) In any matter referred to it under this article, the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered by the Committee and to make submissions orally
and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when five States Parties to this Convention
have made declarations under paragraph 1 of this article. Such declarations shall be deposited by
the States Parties with the Secretary-General of the United Nations, who shall transmit copies
thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is
the subject of a communication already transmitted under this article; no further communication by
any State Party shall be received under this article after the notification of withdrawal of the

70
declaration has been received by the Secretary-General, unless the State Party concerned has
made a new declaration.
Article 22
1. A State Party to this Convention may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the
provisions of the Convention. No communication shall be received by the Committee if it concerns a
State Party which has not made such a declaration.
2. The Committee shall consider inadmissible any communication under this article which is
anonymous or which it considers to be an abuse of the right of submission of such communications
or to be incompatible with the provisions of this Convention.
3. Subject to the provisions of paragraph 2, the Committee shall bring any communications
submitted to it under this article to the attention of the State Party to this Convention which has
made a declaration under paragraph I and is alleged to be violating any provisions of the
Convention. Within six months, the receiving State shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may have been taken
by that State.
4. The Committee shall consider communications received under this article in the light of all
information made available to it by or on behalf of the individual and by the State Party concerned.
5. The Committee shall not consider any communications from an individual under this article unless
it has ascertained that:
(a) The same matter has not been, and is not being, examined under another procedure of
international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall not be the rule where
the application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the
person who is the victim of the violation of this Convention.
6. The Committee shall hold closed meetings when examining communications under this article.
7. The Committee shall forward its views to the State Party concerned and to the individual.
8. The provisions of this article shall come into force when five States Parties to this Convention
have made declarations under paragraph 1 of this article. Such declarations shall be deposited by
the States Parties with the Secretary-General of the United Nations, who shall transmit copies
thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is
the subject of a communication already transmitted under this article; no further communication by
or on behalf of an individual shall be received under this article after the notification of withdrawal of
the declaration has been received by the SecretaryGeneral, unless the State Party has made a new
declaration.
Article 23
The members of the Committee and of the ad hoc conciliation commissions which may be
appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit an annual report on its activities under this Convention to the States
Parties and to the General Assembly of the United Nations.
PART III

71
Article 25
1. This Convention is open for signature by all States. 2. This Convention is subject to ratification.
Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 26
This Convention is open to accession by all States. Accession shall be effected by the deposit of an
instrument of accession with the SecretaryGeneral of the United Nations.
Article 27
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the
Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth
instrument of ratification or accession, the Convention shall enter into force onthe thirtieth day after
the date of the deposit of its own instrument of ratification or accession.
Article 28
1. Each State may, at the time of signature or ratification of this Convention or accession thereto,
declare that it does not recognize the competence of the Committee provided for in article 20.
2. Any State Party having made a reservation in accordance with paragraph I of this article may, at
any time, withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 29
1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-
General of the United Nations. The SecretaryGeneral shall thereupon communicate the proposed
amendment to the States Parties with a request that they notify him whether they favour a
conference of States Parties for the purpose of considering an d voting upon the proposal. In the
event that within four months from the date of such communication at least one third of the States
Parties favours such a conference, the SecretaryGeneral shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the States Parties present
and voting at the conference shall be submitted by the Secretary-General to all the States Parties
for acceptance.
2. An amendment adopted in accordance with paragraph I of this article shall enter into force when
two thirds of the States Parties to this Convention have notified the Secretary-General of the United
Nations that they have accepted it in accordance with their respective constitutional processes.
3. When amendments enter into force, they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of this Convention and any
earlier amendments which they have accepted.
Article 30
1. Any dispute between two or more States Parties concerning the interpretation or application of
this Convention which cannot be settled through negotiation shall, at the request of one of them, be
submitted to arbitration. If within six months from thc date of the request for arbitration the Parties
are unable to agree on the organization of the arbitration, any one of those Parties may refer the
dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State may, at the time of signature or ratification of this Con vention or accession thereto,
declare that it does not consider itself bound by paragraph I of this article. The other States Parties
shall not be bound by paragraph I of this article with respect to any State Party having made such a
reservation.
3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at
any time withdraw this reservation by notification to the Secretary-General of the United Nations.

72
Article 31
1. A State Party may denounce this Convention by written notification to the Secretary-General of
the United Nations. Denunciation becomes effective one year after the date of receipt of- the
notification by the Secretary-General .
2. Such a denunciation shall not have the effect of releasing the State Party from its obligations
under this Convention in regard to any act or omission which occurs prior to the date at which the
denunciation becomes effective, nor shall denunciation prejudice in any way the continued
consideration of any matter which is already under consideration by the Committee prior to the date
at which the denunciation becomes effective.
3. Following the date at which the denunciation of a State Party becomes effective, the Committee
shall not commence consideration of any new matter regarding that State.
Article 32
The Secretary-General of the United Nations shall inform all States Members of the United Nations
and all States which have signed this Convention or acceded to it of the following:
(a) Signatures, ratifications and accessions under articles 25 and 26;
(b) The date of entry into force of this Convention under article 27 and the date of the entry into
force of any amendments under article 29;
(c) Denunciations under article 31.
Article 33
1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to
all States.

H. ASEAN DECLARATION ON TRANSNATIONAL CRIME


Manila, 20 December 1997

WE, the ASEAN Ministers of Interior/Home Affairs and Representatives of ASEAN Member Countries,
participating in the first ASEAN Conference on Transnational Crime held in Manila on 18-20 December 1997;

CONCERNED about the pernicious effects of transnational crime, such as terrorism, illicit drug trafficking,
arms smuggling, money laundering, traffic in persons and piracy on regional stability and development, the
maintenance of the rule of law and the welfare of the region’s peoples;

RECOGNIZING the need for clear and effective regional modalities to combat these forms of crimes,
especially on the aspect of information exchange and policy coordination;

RECALLING the Naples Political Declaration and Global Plan of Action of 23 November 1994, which sought
international solidarity and effective legal cooperation against these forms of crime;

RECALLING FURTHER the Baguio Communique adopted during the first International Conference on
Terrorism held in Baguio City, Philippines, on 18-21 February 1996, which endeavoured to enhance
international cooperation against all forms of terrorism through such modalities as intelligence-sharing,
coordinated policies and law enforcement training;

NOTING the decision of the 29th ASEAN Ministerial Meeting (AMM) in Jakarta in July 1996 on the need to
focus attention on such issues as narcotics, economic crimes, including money laundering, environment and
illegal migration which transcend borders and affect the lives of the people in the region, and the urgent need

73
to manage such transnational issues so that they would not affect the long term viability of ASEAN and its
individual member nations;

ENDEAVOURING to further the decision of the First Informal ASEAN Summit in November 1996 in Jakarta to
request the relevant ASEAN bodies to study the possibility of regional cooperation on criminal matters,
including extradition;

PURSUANT to the decision of the 30th AMM in Kuala Lumpur in July 1997 which stressed the need for
sustained cooperation in addressing transnational concerns including the fight against terrorism, trafficking in
people, illicit drugs and arms and piracy;

AFFIRMING the agreement among Heads of Government during the Second Informal Summit in December
1997 in Kuala Lumpur to take firm and stern measures to combat transnational crime such as drug trafficking
and trafficking of women and children, as well as other transnational crime; and,

CONVINCED that the continuity of existing global framework against transnational crime rests on
consolidated regional action in the institutional and operational spheres:

HAVE RESOLVED TO CONFRONT THE PROBLEM OF TRANSNATIONAL CRIME THROUGH THE


FOLLOWING MEASURES:

1. Strengthen the commitment of Member Countries to cooperate at the regional level in combating the
transnational crime;

2. Convene at least once every two years ASEAN Ministerial Meeting on Transnational Crime in order to
coordinate activities of relevant ASEAN bodies, such as the ASEAN Senior Officials on Drug Matters (ASOD)
and the ASEAN Chiefs of National Police (ASEANAPOL);

3. Hold discussions with a view to signing mutual legal assistance agreements, bilateral treaties,
memorandum of understanding or other arrangements among Member Countries;

4. Consider the establishment of an ASEAN Centre on Transnational Crime (ACOT) which will coordinate
regional efforts against transnational crime through intelligence sharing, harmonisation of policies and
coordination of operations;

5. Convene a high-level ad-hoc Experts Group within one year to accomplish the following with the
assistance of the ASEAN Secretariat:

a. ASEAN Plan of Action on Transnational Crime,

b. Institutional Framework for ASEAN Cooperation on Transnational Crime, and,

c. Feasibility study on the establishment of ACOT;

6. Encourage Member Countries to consider assigning Police Attaches and/or Police Liaison Officers in each
other’s capital in order to facilitate cooperation for tackling transnational crime;

7. Encourage networking of the relevant national agencies or organizations in Member Countries dealing with
transnational crime to further enhance information exchange and dissemination;

8. Expand the scope of Member Countries’ efforts against transnational crime such as terrorism, illicit drug
trafficking, arms smuggling, money laundering, traffic in persons and piracy, and to request the ASEAN
Secretary-General to include these areas in the work programme of the ASEAN Secretariat;

74
9. Explore ways by which the Member Countries can work closer with relevant agencies and organizations in
Dialogue Partner countries, other countries and international organizations, including the United Nations and
its specialized agencies, Colombo Plan Bureau, Interpol and such other agencies, to combat transnational
crime;

10. Cooperate and coordinate more closely with other ASEAN bodies such as the ASEAN Law Ministers
and Attorneys-General, the ASEAN Chiefs of National Police, the ASEAN Finance Ministers, the Directors-
General of Immigration and the Directors-General of Customs in the investigations, prosecution and
rehabilitation of perpetrators of such crimes; and,

11. Strengthen the ASEAN Secretariat’s capacity to assist the Member Countries in initiating, planning, and
coordinating activities, strategies, programmes and projects to combat transnational crime.

I. INTERNATIONAL CASES THAT WERE DECIDED BY THE UN THROUGH ITS ARMS THE
INTERNATIONAL CRIMINAL JUSTICE

1. Territorial and Maritime Dispute (Nicarugua V. Colombia)

Issue: whether or not Nicaragua has the right of ownership/control over the dispute between
Nicaragua and Colombia involves issues "concerning title or control to territory and maritime
delimitation" in the Western Caribbean

Facts: on December 2001, Nicaragua instituted proceedings against Columbia with regard to "legal
issues subsisting" between the two states "concerning title to territory and maritime delimitation" in
the Western Carabbean. In its application, Nicaragua requested the International Court of justice to
adjudge and declare: first that Nicaragua has sovereignty over the islands of Providencia, San
Andres and Santa Calatina and secondly, to determine the course of the single maritime boundary
between the areas of continental shelf and exclusive economic zone appertaining respectively to
Nicaragua and Colombia.

Decision: the international court of justice decided unanimously that Colombia has sovereignty over
the disputed islands of Albuquerque, Nuevo, East-Southeast cays, Quitaseuno, Roncador, serrana
and serranilla

2. The corpu channel case (United Kingdom of Great Britain and

Northern Ireland vs. People's Republic of Albania)

Issue: whether or not the United Kingdom is entitled to compensation and damages to an incident
where two British destroyers hit sea mines in Albania naval personnel during the Corpu Channel
Incident.

Facts: on 22 October 1946 in the corpu strait, two British destroyers struck mines in Albania waters
and suffered damage, including serious loss of life. On 22 May 1947, the government of United
Kingdom filed an application instituting proceedings against the government of the people's republic
of Albania seeking a decision to effect that the Albania government was internationally responsible
for the consequences of the incident and must make separation or pay compensation.

Decision: Albania was responsible for the explosions resulting damage and loss of human life
suffered by the United Kingdom. The International Court of Justice ordered Albania to pay the UK
843,947 pounds in compensation.

Committee: MM. Alvarez, Winiarski, Zoricic, Badawi Pasha, krylov and Azevedo, Dr. Ecer, Judge
ad hoc.

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3. The southern bluefin Tuna case (Australia and New Zealand vs. Japan)

Issue: whether or not Japan has jurisdiction over the conservation and management of the
southern bluefin tuna.

Facts: on August 31, 1998, Australia and New Zealand delivered to Japan identical diplomatic
notes formally notifying Japan of the existence of a dispute between Australia and New Zealand on
the one hand, and Japan on the other, concerning the conservation and management of southern
bluefin tuna.

Decision: unanimously decides in accordance with article 290 (5) of the United Nations convention
on the law of the sea, that provisional measures in force by order of the international tribunal for the
law of the sea prescribed on August 27, 1999 are revoked the day of the signature of this award.
The international tribunal for the law of the sea ordered Japan immediately to refrain from
conducting an experimental fishing programme.

Committee: judge Stephen M. Schwebel, President H.E, Judge Florentino Feliciano, the Rt. Hon.
Justice Sir Kenneth Keith, KBE H.E. judge Per Tresslet Professor Chusei Yamada.

3. Asylum case (Colombia vs. Peru)

Issue: whether or not there is custom so established that it is binding to allow Colombia to grant
political asylum.

Facts: Haya de la Torre, a Peruvian national. He led an unsuccessful Rebellion against Peru in
1948. The Peruvian government issued a warrant for his arrest on criminal charges related to this
political uprising. He fled to the Colombian embassy in Lima. He there in requested, and was
granted, diplomatic asylum by the Colombian ambassador on behalf of the government of
Colombia. Colombia then requested permission from Peru for de la Torre's safe passage from the
Colombian embassy, through Peru, and into Colombia. Peru refused.

Decision: finds that the grant of asylum by the Colombian government to Victor Raul Haya de la
Torre was not made in conformity with article 2, paragraph 2 (first), of that convention. The court
declares that it has completed its task. It is unable to give practical advice as to the various courses
which might be followed with a view to terminating the asylum, since, by so doing, it would depart
from its judicial function.

Committee: President Basdevont, Vice President Guerro, judges Alvarez, Hack worth, Wixiarski,
Zoricic, de Visscher, klaestad, Badawi, Pacha, Mrylov, Read, Hsu Mo, Azavedo, and sir Arnold
McNair, and Judges ad hoc Alayza y Paz Soldan, Caicedo Castilla and Garnier Coign.

4. Fisheries case (United Kingdom vs. Norway)

Issue: whether or not the United Kingdom is entitled to damages in compensation for Norwegian
interference with UK fishing vessels in the disputed waters, claiming that Norway's claim to such an
extent of waters was against international law.

Facts: on 24 September 1949, the UK requested that the international court of justice determine
how far Norway's territorial claim extends to sea, and to award the UK damages in compensation for
Norwegian interference with UK fishing vessels in the disputed waters, claiming that Norway's claim
to such an extent of waters was against international law.

Decision: on 18 December 1951 the ICJ decided that Norway's claims to the waters were not
inconsistent with international laws concerning the ownership of local sea-space. The ICJ decided;

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a. to declare the principles of international law to be applied in defining the base lines, by reference
to which the Norwegian seaward 4 sea miles from those lines and exclusively reserved for its own
nationals, and to define the said base lines in so far as it appears necessary, in the light of the
argument of the parties, in order to avoid further legal differences between them.
b. to award damages to the government of the United Kingdom in respect to all interferences by the
Norwegian authorities with British fishing vessels outside the zone which, in accordance with the
court's decision under, the Norwegian government is entitled to reserve for its nationals. Committee:
MM. Alvarez, Hackworth and Hsu Mo, Sir Arnold McNair and Mr. J.E. read.

5. United Nations mandates about cybercrime

Budapest convention - a council of Europe agreement on cybercrime fighting


The convention on cybercrime elaborated by the council of Europe with the participation of
Canada, Japan, South Africa and the USA - opened for signature in Budapest in November 2001 in
force since July 2004

Scope:
-Framework of efficient internal cooperation
-Harmonies legislation with other countries
-Provide for mutual legal assistance and other provisions for internal cooperation

Issue: _ prevention of cybercrime criminals Hacking websites


_Computer-based fraud
_ Illegal interception of private communications
_Interference with data and misuse of electronic devices

Facts:
-Who were involved:
1. Innocent children
2. Website companies
3. Computer data programming
4. Website documents

-What are the main reasons of the criminals:


1. Seeking a share of illicit profits
2. To go throughout around the globe hacking website accounts, creating pirated objects/piracy,
especially child abuse depictions and child pornographic pictures.

-When will they commit crime


1. Anytime or they are taking-up opportunity or taking-up advantage to those websites that were
being opened especially those online company services.

-Why they are committing cybercrime


1. Due to the underlying network architecture and global availability of service (e-mail provider)

-The location of the criminals


1. Distributed around the globe and members are rarely coming into direct physical contact with one
another and only meeting online

-How will they execute the crime


1. By simply communicating with each other through online means/ online groups generally operate
on a "stand alone" basis (members are rarely coming into direct physical contact with one another
and only meeting online)

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* Counter implementation task force - Established a working group on countering the use of the
internet for terrorist purposes.

Objectives:

To identify and bring together stakeholders and partners with a view to sharing information, as well
as to identify possible ways to counter the threat at the national, regional and global to examine
what role the UN might play in coordinating action lay member states.

* Commission member states.on crime prevention and criminal justice (2009)

J. DOMESTIC LAW IN THE PHILIPPINES

Senate bill - the cybercrime prevention act of 2012 - regulation and control of cybercrime

Recommendations:
-Get the antivirus software, anti-spyware and firewall and do them up to date
-Don't reply spam
-Don't open unknown e-mails on attachments from unknown person and company
-Don't and never give passwords/ private and personal data to unknown e-mails or websites
-When requested to "permit"/ "reject" a request access to the internet, select reject except you are
sure about security of the site
-Be careful while you are shopping online
-Get back up from your PC information on disk/ CDs often
-Use difficult to guess passwords
-Don't go to access to your computers with strangers
-Disconnect from the internet when you do not in use
-Share these informations with your friends and family members

This bill was approved and made into law, RA no. 10175, known as Cyber Crime Prevention Act
of 2012, approved Sept. 12, 2012

Purpose of the Law;

It aims to address legal issues concerning online interactions and the internet in the
Philippines among cybercrime offenses included in the bill are cybersquatting, child pornography,
identity theft, illegal access to data and libel.

Section 2. Declaration of State Policy- the state recognizes the vital role of information and
communication industries such as content production, telecommunication, broadcasting, electronic
commerce and data processing in the nations over all social and economic development.

Section 3. Definition of Terms

Access- refers to the instruction, communication with storing data in, retrieving data from, or
otherwise making use of any resources of a computer system or communication network.

Alteration - refers to the modification or change, in form or substance, of an existing data or


program.

communication - refers to the transmission of information through ICT media, including voice and
other forms of data.

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Computer - refers to an electronic, magnetic, optical, electrochemical, or other data processing or
grouping of such devices, capable of preparing logical, arithmetic, routing, or storage function and
which includes any storage facility.

computer Data- refers to any representation of facts, information or concepts in a form suitable for
processing in a computer system including a program suitable to cause a computer system to
program a function and includes electronic documents.

Computer Program - refers to a set of instructions executed by the computer to achieve intended
results.

computer system- refers to any device or group of interconnected or related devices, and or more
of which, pursuant to a program performs automated processing of data.

without right - refers to either, (i) conduct undertaken without or in excess of authority; or (ii)
conduct covered by established legal defense, excuses, court orders, justifications, or relevant
principles under the law.

cyber - refers to a computer system, and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so vital to this country that the incapacity or
destruction of or interference with such system and assets would have a debilitating impact on
security, national or economic security, national public health and safety, or any combination of
those matters.

cyber security - refers to the collection of tools, polices, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the cyber
environment and organization and user's assets.

data base - refers to a presentation of information, knowledge, facts, concepts, or instructions


which are being prepared, processed or stored or have been prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.

interception - refers to listening to, recording, monitoring, or surveillance of the content of


communications, including the procuring of the content of data.

service provider refers to;


1. Any public or private entity that provides the users of its service the ability to communicate that by
processes means f an or computer stores computer system. data on behalf of
2. Any other entity such communication service or users of such service.

subscriber’s information - refers to any information contained in the form of computer data or any
other form that is held by a service provider, relating to a subscriber of its services other than traffic
or content data and by which identity can be established.

Traffic data - or non-content data - refers to any computer data other than the content of the
communication including, but not limited to, the communication's origin, destination, route, time,
date, size, duration or type of underlying service.

Punishable Acts;

Section 4. Cybercrime offenses - the following acts constitute the offense of cybercrime punishable
under this act.

A- Offenses against confidentiality, integrity and availability of computer data system.


1. Illegal access - the access to whole or any part of the computer without a right.

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2. Data interference - the intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document or electronic data message without right.

3. illegal interception- the interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic
emission from a computer system carrying such computer data.

4. System interference - the intentional or reckless hindering or interference with the functioning of
a computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data program.

5. Cyber squatting - the acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such domain is;

a. Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration.
b. Identical or in any way similar with the name of a person other than the registrant, in case of a
personal name,
c. Acquired without right or with intellectual property interest in it.

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