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.