Seventh Crime Congress tackles problems of world-wide crime, adopts Milan Plan of Action.

Seventh Crime Congress tackles problems of world-wide crime, adopts Milan Plan of Action

Current world-wide problems of crime--terrorism, organized crime, drug abuse, computer crime, government corruption, domestic violence and the situation of crime victims-- were the focus of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

At a two-week session (26 August-6 September) held in Milan, Italy, the Congress adopted the Milan Plan of Action, recommending that the international community give priority to combating terrorism and continued attention to improving criminal justice systems. These systems should be responsive to the diversity of political, economic and social systems, the Congress said, asking Governments to accord high priority to strengthening crime prevention mechanisms and allocating adequate resources to that end.

Three other international instruments were adopted, relating to the application of norms and standards of criminal justice: Guiding Principles for Crime Prevention and Criminal Justice in the Context of Development and a New International Economic Order; Basic Principles on the Independence of the Judiciary; and Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign Prisoners.

Two other international instruments were approved for adoption by the General Assembly. They are the Draft Declaration of Basic Principles of Justice, and United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules').

Also approved by the Congress were 25 resolutions which covered a broad range of crime-related issues. All texts were adopted without a vote.

The Congress brought together internationally recognized experts from 124 States, including high-level policy-makers and administrators, criminologists, penologists, criminal law specialists, human rights advocates, social workers and other professionals concerned with different aspects of crime prevention and criminal justice.

The Crime Congresses meet every five years to promote and strengthen international co-operation in the field of crime prevention and control. The six previous Congresses were held at Geneva (1955 and 1975); London (1960); Stockholm (1965); Kyoto, Japan (1970); and Caracas (1980).

International instruments

The Milan Plan of Action contains a set of recommendations described as "essential elements of an effective plan of action' for consideation by the General Assembly this year. In the Plan, the Congress asks that the Secretary-General review the functioning and programme of work of the United Nations in the field of crime prevention and criminal justice in order to establish priorities and to ensure the responsiveness of the United Nations to emerging needs. Also recommended is "the immediate establishment in Africa of the long-delayed regional institute for the prevention of crime and treatment of offenders'.

In an introductory section, the text states that crime prevention and criminal justice should be considered in the context of economic development, political systems, social and cultural values and social change, as well as in the context of a new international economic order.

Interested Governments are asked to co-operate bilaterally and multilaterally, to the fullest extent possible, with a view to strengthening crime prevention measures and the criminal justice process.

"It is imperative to launch a major effort to control and eventually eradicate the destructive phenomena of illicit drug traffic and abuse and of organized crime, both of which disrupt and destabilize societies', the Plan states.

Another recommendation calls for continued attention to the improvement of criminal justice systems so as to enhance their responsiveness to changing conditions and requirements in society and to the new dimensions of crime and criminality.

Finally, Member States are urged to implement the Plan of Action "as the collective endeavour of the international community to deal with a major problem whose disruptive and destabilizing impact on society is bound to increase' unless priority is given to concrete and constructive action.

The Guiding Principles for Crime Prevention and Criminal Justice chart a course of action for crime prevention in the context of development. Crime prevention as a global phenomenon, the Guiding Principles state, should not be confined to common criminality, but also address itself to those acts that are especially harmful, such as economic crime, environmental offences, illegal trafficking in drugs, terrorism and apartheid.

The Principles also set guidelines for laws governing the functioning of business enterprises, penalties for economic crimes and legislative measures for crime victims. A multisectoral and integrated approach is urged in a section on national development and crime prevention. Legal systems are called on to promote beneficial and equitable development with due regard to consideration of human rights and social justice. "Less cumbersome and more effective' means of international co-operation is recommended in such matters as extradition, investigative and judicial assistance, service of writs and records of decisions, appearances of witnesses abroad, transfer of proceedings, and transfer of foreign prisoners and execution of sentences abroad.

The judiciary's independence should be guaranteed by the State and enshrined in the constitution or the law of the country, according to provisions of the Basic Principles on the Independence of the Judiciary. The Basic Principles also call for the judiciary to decide matters before it impartially, on the basis of facts and in accordance with the law, and to have jurisdiction over all issues of a judicial nature and exclusive authority to decide whether an issue submitted for its decision is within its legal competence.

The Model Agreement on the Transfer of Foreign Prisoners sets out principles on the social resettlement of offenders and on the transfer of prisoners, stating that the transfer should be effected on the basis of mutual respect for national sovereignty and jurisdiction and that the prisoner should be fully informed of the possibility and of the legal consequences of a transfer.

The second part of the instrument, Recommendations on the Treatment of Foreign Prisoners, states that the allocation of a foreign prisoner to a prison establishment should not be effected on the grounds of his nationality alone and that foreign prisoners should have the same access as national prisoners to education, work and vocational training. It is also recommended that foreign prisoners should in principle be eligible for alternative measures to imprisonment, as well as for prison leave and other authorized exits from prison on the same basis as accorded to nationals.

The situation of victims of crime and of abuse of power are two issues addressed in the Draft Declaration of Basic Principles of Justice, which is to be submitted to the General Assembly for approval. Victims of crime are defined as persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions which are in violation of criminal laws operative within Member States, including those laws which proscribe criminal abuse of power.

The Draft Declaration stipulates that victims are entitled to access to the mechanism of justice and to prompt redress as provided for by national legislation. It also calls for access to justice and fair treatment, and affirms that the responsiveness of judicial and administrative processes to the needs of victims should be facilitated by particular measures. It provides for fair restitution to victims, where appropriate, and for their financial compensation.

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