1. ASEAN v Transnational Crime and Terrorism…..an Introduction
Prof.Vitit Muntarbhorn
Law Faculty, Chulalongkorn University, Bangkok

2. Cross border crime
Transnational organised crime = 3 plus entities
Laws, policies, enforcement, cooperation

3. Cases/categories Illicit drugs Human trafficking Arms trafficking
Terrorism
Corruption, money laundering
Piracy/maritime………

4. 1997 ASEAN Declaration on Transnational Crime
Cooperation
ASEAN Centre onTransnational Crime
Expert groups
Presence of ASEANAPOL

5. 1998 Manila Declaration on the Prevention and Control of Transnational crime
And action plan:
Cooperation against crime and corruption;
Prosecutions
Laws, enforcement, ratification of treaties
Cooperation with agencies such as INTERPOL

6. Accession to international treaties ?
- UN Convention against Transnational Organised Crime and 3 Protocols on human trafficking, human smuggling, firearms trafficking; cooperation, criminalisation, extradition, mutual legal assistance, confiscation of assets, help victims

7. Case Action against transnational (organised) crime
What type of cooperation ?

8. Other Relevant Conventions
2000 UN Convention against corruption: criminalisation, cooperation, whistle blow, trace, track, confiscation of assets, v money launder, transparency measures

9. Drugs
1976 Declaration of Principles to combat the abuse of narcotic drugs
2000 Bangkok political declaration in pursuit of a Drug Free ASEAN 2015
Blueprints of ASEAN Communities 2015: security blueprint and socio-cultural blueprint

10. See:
ASEAN Socio-cultural Community Blueprint : Drugs Free ASEAN
E.g. prevention, demand reduction, rehabilitation, community awareness programmes……

11. Accession to international treaties ?
1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances; cooperation, search , seizure, confiscation of assets

12. Case Action against illicit drugs trafficking
What type of cooperation ?

13. Terrorism 2001 ASEAN Declaration on Joint Action to Counter Terrorism:
information exchange
Cooperation in legal matters
Cooperation in law enforcement matters

14. Institutional capacity-building
Training
Extra-legal cooperation
Also cooperation with UN Security Council/counter terrorism committee – state reports to committee

15. Accession to international treaties ?
Convention on offences and certain acts committed on board aircraft 1963
Convention for the suppression of unlawful seizure of aircraft 1970
Convention for the suppression of unlawful acts against safety of civil aviation 1971

16. Convention on the prevention and punishment of crimes against internationally protected persons 1973
International Convention against the taking of hostages 1979
Convention on the physical protection of nuclear material 1980

17. Protocol on the Suppression of unlawful acts of violence at airports serving international civil aviation supplementary to the Convention for the suppression of unlawful acts against the safety of civil aviation 1988

18. Convention for the suppression of unlawful acts against the safety of maritime navigation 1988
Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf 1988
Convention on the marking of plastic explosives for the purpose of detection 1991

19. International Convention for the suppression of terrorist bombings 1997
International Convention for the suppression of the financing of terrorism 1999
International Convention for the suppression of acts of nuclear terrorism 2005

20. ASEAN Convention on Counter Terrorism
Offence: per offences in the UN treaties such as the 1999 Financing of Terrorism Convention
Sovereignty
Convention not apply where offender commits offence in a State party, is a national of that State and is present there (not affecting other States)

21. Cooperation under ASEAN Convention
Take necessary steps to prevent, e.g. early warning
Prevent from using territories of members
Prevent and suppress financing of terrorist acts
Prevent movement of terrorists

22. Promote capacity building
Promote public awareness
Enhance cross border cooperation
Exchange intelligence
Regional databases
Capacity against chemical, biolog, radiological, nuclear terrorism, cyber terrorism..

23. Research
Video conf
Planners, financiers are brought to justice
Fair treatment: human rights

24. Not refugee status if terrorist
Rehabilitative programmes
Mutual legal assistance
extradition

25. CASE
Action against Terrorism
What type of cooperation ?

26. ASEAN Treaty on Mutual Legal Assistance in Criminal Matters
scope:
Assistance in investigations, prosecutions and resulting proceedings.
Coverage:
Article 1(2):
(a) taking of evidence or obtaining voluntary statements from persons;

27. (b) making arrangements for persons to give evidence or to assist in criminal matters;
(c) effective service of judicial documents;
(d) executing searchers and seizures;
(e) examining objects and sites;
(f) providing original or certified copies of relevant documents…

28. (g) identifying or tracing property derived from the commission of an offence…
(h) restraining of dealings in property or freezing of property derived from commission of an offence
(i) recovery, forfeiture or confiscation of property derived from commission of an offence

29. (j) locating and identifying witnesses and suspects
(k) other assistance consistent with the treaty

30. Designation of central authorities
Protection of confidentiality
Obtaining of evidence
Right to decline to give evidence
Safe conduct ( of persons giving evidence)
Search and seizure
Service of documents

31. Assistance in forfeiture proceedings
consultations

32. Case Action for mutual legal assistance in criminal matters
What type of cooperation ?

33. NB
Law enforcers – local
ASEANAPOL
Community vigilance

34. Implementation Measures
Laws
Policies
Programmes/practices
Mechanisms/personnel
Resources –material and non-material

35. THANK YOU! Education Capacity building
Monitoring and information tracking
Networking/cooperation/participation
ASEAN Charter…Rules-based organisation….Rule of Law, not Rule by Law!
THANK YOU!