ASEAN urged to harmonize criminal laws to remove 'safe havens'
ASEAN urged to harmonize criminal laws to remove 'safe havens'
Agence France-Presse, Kuala Lumpur
Malaysia urged Southeast Asian nations on Thursday to harmonize
criminal laws to wipe out "safe havens" for cross-border criminal
networks and enable their successful prosecution.
Deputy Home Minister Chor Chee Heung, opening a two-day ASEAN
senior officials meeting on transnational crime, said cross-
border crime had flourished in the region due to a lack of
legislations.
Chor said prosecution had been made difficult especially when
a criminal act occurred in different jurisdictions because what
was defined as a crime in one country may not be criminalized in
another.
"Harmonization of national laws is thus necessary for regional
and international cooperation to be effected through extradition
and mutual legal assistance treaties," he said.
"Such treaties and cooperation would require, as of principle
in international law, the dual criminality concept."
He said there could only be effective cooperation among the
10-member Association of Southeast Asian Nations (ASEAN) if there
was a convergence in national jurisdictions of what constitutes a
crime.
"Harmonization of substantive and procedural laws will spread
the risks that criminal organizations will have to confront and
therefore provide fewer safe havens from which transnational
organized crime organizations can operate," he added.
Chor called for the establishment of a framework for
confiscation and seizure of proceeds and property from criminal
organizations to deplete their financial resources and halt their
expansion.
He said intimidation and threats to potential witness was
another major hindrance to successful prosecution of criminals
and urged ASEAN countries to give full protection of witnesses.
Chor said the "pace of technological improvements is rapidly
outstripping the abilities of law enforcement agencies" and urged
the region to develop expertise to counter new trends in Internet
crime.
"Let us send a strong signal to transnational organized
criminals and organizations that we are serious in our efforts
and ASEAN is never more determined and focused to eradicate
transnational crime," he added.
Apart from terrorism, the two-day meeting also focused on arms
smuggling, money laundering, human trafficking, piracy,
international economic crimes, drug trafficking and cyber crimes.
Senior officials will on Saturday start to lay the groundwork
for a special two-day ASEAN home (interior) ministers' session on
terrorism starting on Monday.
Officials said ASEAN ministers may unveil an anti-terrorism
pact amid criticism that the region had been slow to forge a
collective action against terror in the aftermath of the Sept. 11
attacks in the United States.
Indonesia, Malaysia and the Philippines started the ball
rolling last week when they signed a trilateral anti-terrorism
pact in Kuala Lumpur. Thailand has expressed interest in
joining.
The agreement sets out a framework for the countries to
cooperate to combat terrorist groups and prevent them from using
their assets for transnational criminal activities.
The ASEAN session comes a month after Malaysia played host to
a special meeting of the Organization of Islamic Conference (OIC)
on terrorism.
ASEAN also groups Brunei, Cambodia, Laos, Myanmar, Singapore
and Vietnam.