United Nations Office on Drugs and Crime Regional Office for West and Central Africa

Transcription

1 United Nations Office on Drugs and Crime Regional Office for West and Central Africa Office des Nations Unies contre la drogue et le crime Bureau Régional pour l Afrique de l Ouest et du Centre Report of the Joint Meeting of the West African Network of Central Authorities and Prosecutors Against Organized Crime (WACAP), the Asset Recovery Inter-Agency Network for West Africa (ARINWA) and the Sahel Platform for Judicial Cooperation 5-8 October 2015, Ibeto Hotel Abuja, Nigeria 1

2 Meeting Report The fifth WACAP plenary meeting was held with the Asset Recovery Inter-Agency Network for West Africa (ARINWA) and the Sahel Platform for Judicial Cooperation in Abuja, Nigeria from 5 to 8 October The meeting was organised in cooperation with the Office of the Attorney General and in particular, with the Director of Public Prosecutions and the office of international affairs. The three networks were presented by Mrs. Obianuju Obiora, focal points of the WACAP in Nigeria, the Chairman of ARINWA, Mr. Samuel Thompson Essel, and Mrs Guadalupe Megre, UNODC coordinator of the Sahel Platform. ECOWAS was represented by their WACAP focal point, Mrs. Lisete Neves Cruz, Advisor for the President of the ECOWAS Commission on Drugs and Organized Crime. The Master of Ceremony, Mr Pius Ukeyima Akutah, Principal State Counsellor of the international affairs unit, acknowledged the problem of organized crime and terrorism in the sub-region, underscored the need for judicial cooperation and thanked UNODC and all the technical and financial partners for their support. The opening ceremony was attended by representatives of the Embassies of Burkina Faso, the European Commission, France, Japan and dignitaries from Nigeria and ECOWAS. The US attended through its DOJ expert. Ms. Karen Kramer, speaking on behalf for the Representative of the UNODC Nigeria Country Office, reaffirmed UNODC s commitment to support West African states to strengthen knowledge and operational cooperation to better investigate and prosecute serious and organized crime through its different networks and related UNODC programmes run from our office in Abuja and also from HQ. She thanked all focal points for their work, donors France, Norway and the US for their support and the Government of the Federal Republic of Nigeria for hosting this meeting and for its financial contribution. The Honorable Justice Micah Wilkins Wright, ECOWAS, Court of Justice, transmitted the President of the Court s encouragement for this initiative. The keynote address was delivered by Mr. Mohammad Saidu Diri, Director of Public Prosecutions who emphasized that the porosity of borders requires a common initiative to control the growing threat of crime. He encouraged delegates to exchange information and use these three networks to facilitate contacts. 2

3 Summary of discussions Day 1 1. A panel discussion on the networks and their role in supporting international cooperation in criminal matters led to a number of suggestions but with no final decisions taken. Create one umbrella West African network that would include all three existing networks, possibly as sub-groups. Such a network could be run with a Secretariat sitting in Dakar or in ECOWAS. Merge the Sahel Platform into WACAP but continue to work with the Sahel region on specific issues of concern and especially in countering terrorism. Have a working group of focal points to study further how the networks can work together in a manner that avoids unnecessary duplication and to find common goals and synergies. ARINWA and WACAP should continue to prioritize legislative work to support the harmonization of laws on international cooperation and related matters and provide capacity building activities. 2. On the recovery and management of proceeds of crime in Nigeria, Mr. Chukwuemeka Castro Nwabuzor, Nigerian Institute of Advanced Legal Studies spoke about the purpose of having proceeds of crime laws and types of proceed of crime regimes. Among other issues that are faced by Nigeria, he listed the lack of a single proceed management center, the lack of accountability and funding and the absence of detailed regulations in relation to management of seized assets. He noted that to address these issues, a new Proceeds of Crime law has been sent to the President for approval. 3. Regarding asset recovery and management: best practices and update on legislative developments, Mr. Samuel Thompson Essel, Director, Financial Intelligence Unit, Ghana, noted that to achieve positive results in asset recovery and asset management, countries must put in place legal and institutional frameworks that include an institution in charge of the management of assets. He highlighted different challenges to asset management without such institutions. Day 2 Mrs. Lilian William Kafiti, Focal Point of Asset Recovery Inter-Agency Network for Eastern Africa (ARIN-EA) network provided her perspective about challenges and good practices related to asset recovery and management in East Africa. She underlined the importance of collaboration between law enforcement agencies and noted that because of ARIN-EA, the Sudan, Ethiopia, Uganda, South Sudan and the United Arab Emirates could cooperate to identify fraudulent bank transfers and corruption cases. In terms on difficulties experienced, which hindered judicial cooperation, Ms. Kafiti cited: 3

4 - Differences between legal systems and problem of funding and expertise to translate requests into the language of the requested country; - Need for more precise information when submitting requests (eg. information that describes in more details to which paragraphs of the criminal code of the country of destination corresponds to the criminal code of the requiring country); - Lack of awareness about the appropriate channel(s) for routing requests; - Lack of awareness of informal networks by stakeholders; - Difficulties of addressing money laundering by religious organizations; - Reluctance of some jurisdictions to provide cooperation. Issues raised by participants, included the problem of translating requests into the language of requested state, money laundering through the funding of religious organizations, techniques for tracing assets and the need for legislative provisions on the allocation of confiscated assets. Ms Kafiti concluded her presentation by inviting stakeholders for more cooperation to eradicate transnational organized crime, as a threat to public security. Samuel Essel presented the research paper developed by CARIN on non-conviction based forfeiture typologies 1, highlighting three cases of confiscation without conviction: - In the first case, the defendant was being prosecuted for drug trafficking. He died before the trial was concluded. But because of the non-conviction based forfeiture law, the procedure continued after his death and proceeds of the crime could be forfeited to the State. - The second case relates to the extended confiscation. It affects assets that have no direct connection with the offense. In this case, the person continued to furnish proof of the lawful origin of the property in his possession. - The third case is related to civil forfeiture of property that has been used in criminal activity as an instrument to commit the crime(for example, for vehicles, airplanes or boats used to transport the drugs). This presentation was followed by a discussion that reveals a controversy about the concept of confiscation without conviction, some participants thought that it is not possible to consider this kind of confiscation without prejudice to the criminal law rules and principles which provide that the death of the defendant is a cause for abandoning the prosecution, while others think that such confiscation is possible. Mrs. Jones-Nebo Nkiruka, Assistant Director, Ministry of Justice, Nigeria made a presentation on Legal challenges to addressing the problem of Boko Haram in Nigeria and neighbouring countries. She explained the evolution of the legislative system in the fight against terrorism. She emphasized Nigeria s political will to combat terrorism as well as its underlying causes such as poverty and unemployment. The challenges she describe in the prosecutions of terrorism cases are worthy of repeating because they are common to other complex cases, and include: 1 The CARIN Typology paper is available upon request and was included in the presentation on the USB card provided to participants. 4

5 Incomplete investigations- over dependence on confessional statements rather than use of independent corroborative evidence Prolonged detention of suspects awaiting investigation breakthrough infringes on their human rights Lack of capacity of prosecutors, investigators, judges and defense counsel in handling complex terrorism cases Need for earlier engagement and better collaboration among the law enforcement agencies Lack of clear harmony between the 2011 Act and its 2013 amendment lead to issues in application of the law. Turning intelligence to evidence JTF Inadequate prison facilities, need to prevent recidivist tendencies amongst prison inmates and suspects Lack of protection for prosecutors and other criminal justice officials. Her suggestions for improvement were: Provide intensive training of prosecutors and investigators and judges train the trainers, mentoring, in house courses and refresher courses, joint trainings, sponsored by the EU through UNODC, British High Commission, J4ALL, WACAP, etc. Attach legal officers to JTF to recover admissible evidence. Hold frequent high level meetings of law enforcement stakeholders to create synergies. Encourage frequent contacts of investigators and prosecutors to overcome turf protection through joint trainings. Early engagement of prosecutors in the investigative process to achieve better investigations leading to conviction based upon evidence. Engage skilled law enforcement personnel in JTF to sieve admissible evidence from intelligence. Provide protective measures for prosecutors. UNODC wishes to add that Nigerian authorities may wish to undertake threat and risk assessments in sensitive cases to assess the need for protection measures to criminal justice officials (investigators, prosecutors and judges) and provide such measures. Discussions touched upon, inter alia, evidentiary problems when the military is the first responder and is in contact with physical evidence and persons, protecting judiciary actors and the interactions between the politicians and the judiciary. Dr. Ferdinand Ikwang, National Coordinator of the Office of the National Security Adviser, Nigeria provided information about the deradicalisation program implemented in Nigeria. He stated that the government is addressing the recruitment of new terrorism fighters through three pillars: 5

6 Deradicalisation Counter radicalization (preventing especially young people to join terrorist organizations) Communication and education The objectives and work of the deradicalisation program, along with services provided, were described with some chilling details. It is a relatively new programme and therefore still not broadly known in Nigeria. Mrs. Guadalupe Megre, Program Coordinator, Terrorism Prevention Branch, UNODC made a presentation about foreign terrorist fighters in the region. She discussed the outcomes of the first UNODC meeting on this issue that had been held in Dakar the previous week. In sum, with more than 25,000 Foreign Terrorist Fighters globally, this issue has become a global security threat. The growing number of recruits is mainly due to three factors: Operational emphasis of the groups Easy access to the operational areas Effectiveness of the groups propaganda and recruitment machinery Day 3: Mr. Michael Surgalla, Office of International Affairs, US Department of Justice spoke about the organization of the Office of International Affairs (OIA). Operating since 1979, OIA is the focal point for extradition and MLA requests. It is divided into 7 teams divided by geographical area and Mr. Surgalla is the focal point for all of the West African countries. With dedicated experts but one single point of contact per zone, the work of the CA is timely, accountable and efficient. A group exercise for focal points was held to have them exchange information about their central authority (CA) or focal points, including location, functions and responsibilities. 2 Nigeria: Created in 2012, it has a unit on international cooperation located in the office of the Attorney General and reports quarterly on all cases. Providing legal advice to police and political heads, they also take part in negotiating treaties alongside with the Ministry of Foreign Affairs. The CA has contributed to the development of international cooperation in Nigeria. Mali: It has a CA divided in two sections dealing respectively with legal assistance and monitoring of regional and international agreements. The Ministry of Foreign Affairs is always involved and requests are controlled and monitored. WACAP was congratulated for its interventions that led to better coordination and better centralization of requests. 2 We were not able to hear from all the countries because we were behind schedule. 6

7 Sierra Leone: It does not have a dedicated CA. The Ministry of Justice is responsible for incoming MLA or extradition requests. Quality control is very limited but authorities are taking steps to improve their legal system. Benin: The CA is a department of the Ministry of Justice. The Ministry of Foreign Affairs is involved by receiving and transmitting requests. Guinea Bissau: Do not have any CA but are planning to create one. Their Ministry of Justice currently deal with all international cooperation requests. Cape Verde, Mauritania, Ivory Coast and Niger all report having a dedicated CA. Burkina Faso, Niger, Benin and Mali noted that the Ministry of Foreign Affairs serves in most of the West African countries as a transmission channel used for requests. This, according to participants, provokes delays in the processing of cases. Mr. Muslim S. Hassan, Deputy Director of the International Cooperation Unit, Nigeria, presented a brief outline of the work of the Central Authority of Nigeria and its challenges. He highlighted that in May 2015, the first extradition between Togo and Nigeria was made possible thanks to contacts made through WACAP that allowed focal points to exchange information (Ikechukwu Metu Case). Presentation and discussion of cases and/or issues of concern Cabo Verde, Mr. Franklin Furtado, noted that although Cabo Verde allows for the extradition of its nationals in principle, the requirements are very difficult to be met so in practice it is rarely able to extradite nationals even if it would make sense under the circumstances. He advocated for changes to Cabo Verde s laws to allow more extradition cases to be processed and granted. 3 Niger, Mr. Bachir Mai Moussa, noted that Niger has been recently successfully collaborating with the USA, Algeria and the International Criminal Court on transnational criminal cases. Mali, Mr. Boubacar Sidiki Samake, informed the participants that Mali was currently cooperating with Burkina Faso to extradite two Malians accused of trafficking starters possibly for the purpose of making bombs. He emphasized that for these types of requests, the WACAP is the perfect platform to exchange information. Mr. Isaac Armstrong, Programme Officer, Regional Security ECOWAS Commission, made a presentation on the Security situation in the ECOWAS region. Mr. Armstrong stated that ECOWAS countries are facing a number of challenges, such as: porous borders, poverty, youth unemployment, lack of rule of law, religious extremism and, radicalization, among others. To deal with these challenges, ECOWAS has initiated a number of legal regimes for peace and security based on three pillars: prevention, prosecution and reconstruction. 3 If we recall correctly, the issue is that Cabo Verde does not extradite nationals. 7

8 Mr. Aboubakar Djibo Diakité, Registrar, ECOWAS Court of Justice. Mr. Diakité spoke about the ECOWAS Court of Justice s competence regarding Human Rights and the consequences of terrorism and organised crime on those rights. Sahel Platform Coordination meeting The focal points proposed to establish a technical secretariat based in Dakar with a dedicated junior consultant in charge of centralisation and transmission of information. A ministerial meeting will be organised between April and May The memberships of Chad and Nigeria were discussed and Chad should join the platform shortly. As for Nigeria, the decision is postponed to the next annual meeting. Day 4: WACAP coordination meeting: Recommendations and highlights Ms. Geraldine Okafor and Mr. Bubacarr Drammeh, WACAP focal points for Nigeria and Gambia, chaired the Network coordination meeting. They asked participants to give their feedback on progress made since the last meeting, difficulties met and recommendations to improve results. Guinea gave two case examples to illustrate the benefits of the WACAP. Its representative also reiterated his request for training of Guinean prosecutors. Mali, the WACAP helped in the development of a law on International Cooperation. This bill was validated in September Senegal suggested that all focal points should draft s to their judicial peers in order to raise awareness and promote the network s activities. Mauritania highlighted the need to better sensitize Ministries of Justice about WACAP s role and achievements. It also renewed its request for training and tools in Arabic. It was also suggested to create a secured platform on the WACAP website to track the processing of requests. Information on Train the Trainer program in During 2015, UNODC conducted a pilot Train-the-Trainer course on MLA and international cooperation as well as covering other subjects, in 5 of the WACAP countries. Results of the adult training methodology (composed of various case studies and activities) were very positive. Pre-test and Post-test (true or false questions given before and after the training) were given to the participants to determine the learning gain ratio. In every training conducted, the learning gain ratio has always been positive, meaning that all participants improved their knowledge about international cooperation and MLA request process. Funding was obtained to implement a full programme to be implemented in the 15 ECOWAS member countries starting in March 2016 when the new MLA Request Writer tool will be 8

9 ready in English Due to the fact that funding and time will be needed to translate the MLA Writer tool into Arabic, training for Mauritania is envisioned for Conceptualization of the project in brief: Establish a baseline: Questionnaire and interviews will be conducted with senior officials to have a clear idea on needs and expectations, but also to convince them that this program will help build capacities and is a long-term investment for their organisation. Need for statistics from participating countries before & after the ToT: Focal points and governments will be contacted to obtain data in order to create some statistics on MLA requests. Training areas: The training will focus on MLA and provide the theory for issues covered by the MLA Writer tool modules on electronic evidence and asset recovery. Some basic issues related to extradition will be covered. Length of training: It will last ten (10) days with one weekend in between during which participants will have one day of rest. Activities and case studies will be performed, preparation in the evenings will be expected. Who will be trained: English, French and Portuguese speaking countries will be grouped together (except Mauritania). There will be two sets of training for English speaking countries, two sets for French speaking countries and one training for the Portuguese countries. Due to the need to have the MLA tool translated into Arabic, training for Mauritania is envisioned for Number of Students per class: Not more than 20 students per class to ensure that all students fully participate with from 5-12 participants per country depending on how they are grouped. Targeted trainees: Trainees need to be carefully identified in order for them to benefit fully from this opportunity and to be able to replicate this initiative in their home country. Transference: It is expected that each trainee will co-organize up to two trainings for their peers in their countries within 3 months after the 2 weeks course. They will be given a lesson plan and training aids. Monitoring and evaluation: Participants will be evaluated during the training (through pre and post-tests, and other assessment tools) and will be given a certificate when they pass the exam. Expected TOT impact: There will be greater awareness of the requirements for international cooperation requests and the role and responsibilities of central authorities and who to contact in one s country for information and support in drafting a request; Participants will be able to use the UNODC MLA Request Writer tool. Requests, in particular for MLA, will be more precisely and better drafted, resulting in faster and more positive responses from other jurisdictions. The expected indirect results are that countries will keep more accurate and through statistics on the number of incoming and outgoing requests, the time required for their processing and 9

10 the ultimate results obtained (was there some acknowledgement or communication from the receiving country, was further/additional information requested, was the request granted, etc.). Evaluation sheets and results based on data obtained will be presented to government officials. Concluding remarks The WACAP Coordinator, Veronic Wright, thanked all the presenters for their excellent presentations and congratulated all participants for the fruitful discussions. On behalf of UNODC, she thanked the government of Nigeria for the financial contribution and work to help organize the meeting, with special acknowledgement to the DPP, the Chief and staff of the Office of International Affairs and the WACAP focal points. She announced that the WACAP focal points have agreed to hold the next meeting in Niger. An important outcome of the meeting was that because it was held in Abuja, it allowed ECOWAS to send a number of officials from both the Commission and the Court and be informed about all three of the UNODC initiatives. In regards to WACAP, it was briefed on past work and the important involvement of the Commission and in particular of the ECOWAS Court in WACAP s creation in 2012 and in addressing the issues of human rights during the WACAP plenary meetings. It was suggested that the future collaboration may include participation in WACAP trainings, possible development of joint activities (such as a training module on human rights) and having WACAP hold a meeting with ECOWAS to discuss some formal legal integration. Acknowledgment is given to the ECOWAS focal point to WACAP (a former WACAP focal point for Cabo Verde), who has for almost one year worked hard to show how WACAP s impact could contribute to ECOWAS work in the region. Conclusions from the joint meeting of WACAP, ARINWA and the Sahel Platform. I. General 1. Countries should use when applicable the ECOWAS conventions and protocols to deepen cooperation to fight TOC and terrorism in the region. 2. Civil society should have a role in the prevention and investigation of terrorism and organised crime and their input should be sought in the work of the networks. 3. Governments should put in place measures to ensure the safety of prosecutors and judges (as well as for victims and witnesses) who deal with terrorism or other serious and organized crimes, because of the risks attendant to their work. 4. There is need for continued capacity building for practitioners, closer and better collaboration between investigating agencies as well as early engagement of prosecutors by investigators and the need for ensuring that intelligence can be turned into evidence that can be used in prosecutions. 5. There is need for better internal cooperation between agencies at the national level. 10

11 6. In terms of investigation, tracing and recovery of proceeds of crime, there is need for clear laws as well as the specialization of practitioners and establishment of asset management structures. 7. On the importance and functioning of central authorities, governments should have in mind the Accra Declaration which speaks about the need of every country to set up a central authority. WACAP may help facilitate the drafting of the necessary legislation and facilitate the training of officials. 8. WACAP should consider the inclusion of Arabic as a working language. 9. II. Countering terrorism 1. To improve prosecutions of terrorism related crime, measures should be taken to better ensure that when the military arrest fighters and secure locations, investigators are able to collect oral and physical evidence that will be admissible in court. 2. To curb the threat of radicalization in prisons, countries of the region should address inadequate prison facilities. 3. There is need for strengthened judicial cooperation to facilitate transfer of prisoners. 4. There is need to involve the press in awareness raising to ensure that their reporting does not jeopardise the investigations and prosecution of on-going terrorism cases. 5. There is need for the international community to look into better control of small arms that fuel the ability of terrorists to carry out their activities. 6. On the issue of foreign terrorist fighters, it is urgent for countries to look into effective ways of controlling the movement of known or suspected terrorist, in order to reduce the incidents of such movements. III. Coordination and collaboration between the networks and possible consolidation 1. The networks should increase communication and share information in order to avoid duplication. 2. There is need for greater awareness of the existence, work and benefits of the networks in the member countries. 3. There should be more integration of human rights in the work of the Networks, to ensure that the rights of the accused are safeguarded. 4. Each time the networks meet, a specific theme could be prepared by a focal point to be discussed. 11