To crush crime, humanize justice.

A new breed of crime fighters from all over the world will assemble in Havana, Cuba, from 27 August to 7 September 1990, in a major international effort to hinder the growth of criminality everywhere-from petty or violent street crime bred by drug addiction, poverty or despair to increasingly sophisticated "white collar" crimes and organized crime syndicates.

Hundreds of ambassadors and other diplomats and representatives of international and non-governmental organizations will join police chiefs, wardens, criminologists, attorneys, judges and ministers of interior and justice, among others, in this global exercise against crime the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders.

"International Co-operation in Crime Prevention and Criminal justice for the 21st Century" is the theme of the Eighth Congress. Its five-point substantive agenda deals with international terrorism and organized crime, especially drug trafficking, juvenile justice conditions for prisoners worldwide, and community-based alternatives to traditional imprisonment.

At least 14 new international documents pertaining to crime prevention and control, including five model treaties, are expected to be approved, and the creation of a world crime foundation is to be considered.

The Congress will also focus on ways to combat crimes against the cultural patrimony and the environment, governmental corruption and organized crime, money laundering and financial fraud.

It will continue the process of humanization of criminal justice that began in 1955 when the first UN Crime Congress adopted a landmark bill of rights for inmates -a set of Standard Minimum Rules for the Treatment of Prisoners.

In the Cuban capital, participants will also seek to replace the traditional approach to criminal justice with a more comprehensive one that takes into account social, political and economic factors.

Overcrowded prisons and the spread of acquired immuno-deficiency syndrome (AIDS) among inmates may lend a particular poignancy to debates on prison management. Preventive measures, particularly for juveniles, will be stressed. Thriving transnational criminality

"The key importance of the Congress derives from the fact that transnational criminality has become one of the most pressing problems confronting contemporary society", Secretary-General javier Perez de Cuellar reported to the forty-fourth General Assembly session.

Transnational criminality "is thriving at unprecedented levels and in ways previously unheard of", he added. It threatens the lives, security and property of individuals and communities, and has profound political implications.

Mr. Perez de Cuellar stated that violence within nations and across national boundaries strains public institutions because of the social and political upheaval it causes, 'most brutally epitomized in terrorism". World-wide trafficking in drugs and other forms of organized crime are especially serious manifestations of this phenomenon, he said.

"Criminality, once traditionally regarded as being of purely domestic concern, can no longer be tackled by Governments individually. Its political, economic, social, cultural and human costs can only be substantially reduced by nations acting in concert", the SecretaryGeneral concluded. Ground-breaking work UN Crime Congresses have met every five years since the first one in Geneva in 1955. They have played a crucial role in the formulation of international instruments in that field. The Seventh Congress (Milan, Italy, 1985) adopted a ground-breaking declaration seeking compassionate and respectful treatment for victims of crime and abuse of power. The Eighth Congress will assess how countries are applying measures recommmended by past conclaves, in particular the Milan gathering. In addition to the Milan Plan of Action, which focuses on crime prevention and criminal justice in the context of development, the Seventh Congress adopted guidelines for crime prevention in the context of development, and instruments on juvenile justice ("The Beijing Rules"), independence of the judiciary, and transfer and treatment of foreign prisoners. Five new treaties

The 14 major texts expected to be approved include five model treaties: on prevention of crime against cultural heritage, extradition, mutual assistance in judicial matters, transfer of supervision of offenders, and transfer of criminal proceedings.

Other texts would set guidelines on the role of lawyers and prosecutors, use of force and firearms by law enforcement officials, prevention of juvenile delinquency, protection of juveniles deprived of their liberty, and non-custodial measures. An inventory of measures for crime prevention, a manual on measures against corruption, another on computerization of criminal justice, and a guide for practitioners dealing with victims are also to be submitted to the Congress.

These documents, along with 10 draft resolutions on issues ranging from urban crime and sentencing policies to protection of human rights of victims of crime and abuse of power and computerization of criminal justice, were recommended by the UN Committee on Crime Prevention and Control as it wound up preparations for the Eighth Congress.

At its eleventh session (Vienna, 5-16 February), the body also adopted three resolutions by consensus-one proposing a world foundation for crime control and assistance to victims-and recommended a text on prison education and five other drafts for action by its parent body, the Economic and Social Council.

The proposed foundation would provide funds for international crime control programmes and raise global awareness of crime, crime trends and victim issues.

Most proposals adopted by the Committee resulted from the work of five regional preparatory meetings held in 1989, in Bangkok, Thailand Asia); Helsinki, Finland (Europe and North America); San jose, Costa Rica (Latin America); Cairo, Egypt (Western Asia); and Addis Ababa, Ethiopia (Africa). Some were formulated at five expert meetings-one on each of the five substantive Congress agenda items-held in Vienna in 1988. More than 600 participants from 129 countries and a large number of organizations attended the regional meetings. How to improve UN work

The Eighth Congress will discuss how to improve UN work in the field of crime prevention and criminal justice, including the possibility of establishing a new agency or at least upgrading the Crime Prevention and Criminal justice Branch of the Vienna-based UN Centre for Social Development and Humanitarian Affairs. The Branch-with a small staff and budget-currently serves as the focal point for all UN anticrime activities,

Available multilateral mechanisms to help countries fight crime and improve their justice systems are grossly inadequate", the Committee on Crime Prevention reported.

Traditionally, most co-operation has been bilateral, it said. But sophisticated international criminals may make a mockery of bilateral arrangements, moving their administrative and financial operations from one country to another, and staying ahead of frustrated diplomats attempting to work out a string of bilateral agreements".

The Committee recommended an expansion of UN advisory and technical aid, paired with an energetic fund-raising campaign.

The United Nations, it stated, is the only existing entity with the mandate and international constituency needed to provide countries with effective assistance in preventing and controlling national and transnational crime". However, it lacks "the organizational capacity to fully and effectively discharge this responsibility", it concluded.

Although it has not been given the means to do so efficiently, the United Nations has been mandated to assist countries in reducing crime levels, set basic standards for the administration of justice, prevent victimization and protect the rights of victims, promote humane treatment of offenders, foster viable crime prevention and criminal justice policies, and improve the collection and dissemination of information on these issues. The anti-crime agenda

The following items are on the provisional agenda for the Eighth Congress:

Topic 1: Crime and DevelopmentCrime prevention and criminal justice in the context of development: realities and perspectives of international co-operation

Topic 2: Prison and AlternativesCriminal justice policies in relation to problems of imprisonment, other penal sanctions and alternative measures

Topic 3: Organized Crime and Terrorism-Effective national and international action against (a) organized crime; and (h) terrorist criminal activities

Topic 4: juvenile justicePrevention of delinquency, juvenile justice and the protection of the young: policy approaches and directions

Topic 5: United Nations Guidelines-United Nations norms and guidelines in crime prevention and criminal justice: implementation and priorities for further standard setting. To catch a culture thief A model treaty to prevent crimes against the cultural heritage:

Outlaws the import of "movable cultural property" if stolen from a museum or public monument or if export is specifically forbidden by the originating State. Property taken without authorization will be confiscated and returned.

"Movable cultural property" includes products of archeological explorations; ancient objects; parts of historical monuments; materials of anthropological, historical and ethnological interest; antiquities more than 100 years old; historical objects; rare collections and examples of zoology, botany, mineralogy, anatomy and objects of palaeontological interest; and objects of artistic interest-paintings, drawings, engravings, prints, stamps, archives and furnishings more than a century old. The art of transfer A model treaty on transfer of supervision of offenders:

The sentencing State may request the administering State to apply the final court decision when a person has been found guilty and placed on probation (but not imprisoned), or has been given a suspended sentence or placed on parole. Complements a treaty on transfer of imprisoned offenders adopted at the Seventh Congress, in 1985. A model treaty on transfer of criminal proceedings:

Allows States to request transfer of criminal proceedings to another country to help avoid pre-trial detention and reduce conflicts of competence. A State may refuse to transfer criminal proceedings against someone who committed what it considers a political offence in another country, or when the act is only an offence under military law or has to do with taxes, customs or exchange. Bringing in the thieves A model treaty on extradition:

Extraditable offences are those punishable under the laws of both countries by imprisonment or other deprivation of liberty for a maximum period of at least [one/two] year(s), or by a more severe penalty. The draft deals with mandatory and optional grounds for refusing extradition, provisional arrest, surrender of the sought person and surrender of property. Helping one another A model treaty on mutual assistance in criminal matters:. Will make it easier for law-enforcement agencies in different countries to lend each other a helping hand in executing searches and seizures, providing bank and corporate records and taking evidence from persons. Jail as a last resort Rules for protection of juveniles deprived of their liberty:

Jail or institutionalization should be a "disposition of last resort" for juveniles. And if it happens at all, it should be "for the minimum necessary period".

In an effort to humanize the administration of justice, the guidelines specify the circumstances under which young persons may be deprived of their freedom and how to ensure their fair treatment and safeguard their individual rights and well-being. Children at risk Guidelines to prevent juvenile delinquency ("Guidelines of Riyadh"):

"Children at social risk" should be priority targets of early preventive and protective intervention for young persons. The guidelines spell out fundamental principles and objectives of delinquency prevention at the pre-conflict stage and address issues relating to socialization processes-through the family, education, community and mass media. Who shoots first? Basic principles on the use of force and firearms: A police officer should try to use non-violent means to subdue a suspect. And when lawful use of force is unavoidable, restraint should be exercised, injury or damage minimized, and respect for human life preserved.

Guidelines should specify under what circumstances law enforcement officials are authorized to carry and use firearms and which types of firearms and ammunition are permitted. They should prohibit firearms and ammunition that cause unwarranted injury or present unwarranted risk. Prosecutors-without intimidation Guidelines on the role of prosecutors:

Governments must ensure that prosecutors are able to function without intimidation, improper interference or unjustified exposure to civil, penal or other liability. Along with their families, they must be physically protected by the authorities when threatened as a result of their professional action.

Prosecutors must be impartial and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination. They should give special attention to serious crimes committed by public officials, particularly corruption, abuse of power and grave violations of human rights. House arrest, Community service. . . Standard minimum rules for non-custodial measures ("Tokyo Rules"):

The ultimate goal of the criminal justice system is the reintegration of the offender into society. And this text states: "The restriction of liberty is justifiable only from the viewpoints of public safety, crime prevention, just retribution and deterrence."

Overcrowded prisons are often not the best settings to promote social reintegration. Humane treatment of prisoners in such circumstances is often difficult.

All this points to finding reasonable alternatives to imprisonment. The Tokyo Rules articulate some of those alternatives-from sentencing offenders and house arrest to doing community service or placement in half-way houses or work programmes. Equal access to legal service Basic principles on the role of lawyers:

All persons arrested, detained or imprisoned should have access to a lawyer within 48 hours. Governments must guarantee equal access to lawyers for all, including the poor. Lawyers must not be threatened with prosecution or any type of sanction for performing their professional duties.

C rime mocks frontiers", says Margaret Anstee, SecretaryGeneral of the Eighth Crime Congress, describing the upsurge in transnational criminality that lends a particular sense of urgency to the Havana meeting. Ms. Anstee believes that crime fighters must also transcend frontiers and national differences. Drug crimes increased worldwide by an amazing 120 per cent between 1976 and 1980, according to the Second UN World Crime Survey. This massive increase in organized drug crime-the biggest international criminal business today-dwarfs the relentless global increase of other types of crime during the same period. Intentional homicide went up by almost 30 per cent, theft by 22 per cent, fraud by 40 per cent and kidnapping by 16 per cent. "Massive power and organizational strength are the novel aspects of transnational criminality", says Eduardo Vetere, Executive Secretary of the Congress, and several States are being reduced to [virtual impotence". Mr. Vetere heads the Crime Prevention and Criminal justice Branch of the UN Centre for Social Development and Humanitarian Affairs-the focal point for all UN anti-crime activities.

Along with drug trafficking, newly prominent transnational crimes include environmental offences, terrorism, illegal arms trading and computer crimes. "It is this new criminality that disturbs the international community, throwing the socio-political culture and the consolidated machinery of existing norms into crisis", Mr. Vetere says.

Organized crime is infiltrating legitimate business, he says. Its reach has extended into the international financial system and its association with economic and white-collar crime is becoming increasingly evident.

Mr. Vetere believes that intelligence sharing among countries and an expansion of the concept of jurisdiction are essential to beat transnational crime. Although broadened somewhat in recent years, the traditional, almost exclusively territorial concept of jurisdiction is still inadequate to cope with the complexity of transnational criminality in the modern world, he asserts.

All five model treaties that the Eighth Congress is expected to adopt try to expand that concept, in particular the texts on extradition and mutual judicial assistance. that are, therefore, considered as terrorist conduct should be compiled", a draft resolution before the pi Congress states. Further shifting the focus away from definition, it goes on to list a number of "issues of particular including absence of a concern , I I clear definition of victims of terrorism, limits of use of force in connection with wars of national liberation and non-international conflicts and lack of international control of arms trade. Resort to terrorist violence by States, "that by their conduct violate international law,", should be more effectively curbed by the international community. The UN should develop mechanisms to control such conduct. The draft recommends considering the possibility of establishing a special penal jurisdiction on international terrorism within the International Court of justice or a separate international criminal court. The document includes sections on international co-operation for prevention and control of terrorism, jurisdiction, extradition, nonapplicability of defence to terrorist violence based on obedience to superior orders or acts of State, protection of highly vulnerable targets, judiciary and criminal justice personnel, victims, control of weapons, treatment of offenders, role of mass media and codification of international criminal law. The crime: environmental damage Nature knows no borders neither does the destruction of nature. Contaminated garbage from developed countries has been routinely dumped in a number of third world countries. Acid rain generated by one country's polluting industries falls over another country's pristine forests and lakes.

Reflecting growing international concern over the health of the planet, the Eighth Crime Congress is expected to recommend the criminalization of acts that damage the environment "as a last resort" measure. Environmental offences are often only dealt with under administrative or civil law.

A draft resolution before the Congress specifically asks countries under national criminal laws", to protect nature and the environment against the dumping of hazardous wastes or other, similar materials and against the operation of dangerous technical installations that they consider involve unacceptable margins of risk.

It also asks the UN SecretaryGeneral to encourage the incorporation, future international conventions for the protection of the environment, "of provisions under which States would be expected to enact sanctions under national criminal law". Changes in national banking and finance legislations are needed to control money laundering and to trace and confiscate the proceeds of crime. An interdisciplinary approach has been proposed, involving lawyers, police, accountants, financial analysts, computer specialists and corporate affairs investigators. But many experts consider that tracing international money flows would nevertheless continue to be extremely difficult. Ten resolutions before Congress The Eighth Congress will consider a set of 24 guidelines for the prevention and control of organized crime. The guidelines recommend research on the structure of organized crime, the causes, nature and effect of corruption and its links to organized crime, and anti-corruption measures. Anti-corruption agencies or similar mechanisms should be created. Criminal legislation should define new offences with respect to money laundering and organized fraud. Attention should be focused on new methods of criminal investigation and techniques developed in various countries to follow the 'money trail" and on the use of telecommunications and electronic surveillance methods, subject to human rights considerations. Drug trafficking, computer fraud, official corruption and environmental damage are covered in a set of 29 draft recommendations on international co-operation for crime prevention and criminal justice in the context of development. These recommendations call on Governments to devise administrative regulatory mechanisms to prevent corrupt practices or abuse of power by public officials, create legal provisions to forfeit corruption-tainted funds and property, and adopt economic sanctions against enterprises involved in corruption. International instruments should include standards for global assistance in relation to bank secrecy-to facilitate seizure and confiscation of funds derived from criminal acts-as well as more effective norms to inhibit crime related money laundering and investment. The guidelines on organized crime and the recommendations on international co-operation are contained in draft resolutions sent to the Congress by the Committee on Crime Prevention and Control, through the UN Economic and Social Council. Other drafts deal with terrorism, urban crime, environmental protection, treatment of prisoners, protection of human rights of victims of crime and abuse of power, and review of UN work programmes in crime prevention and criminal justice. Against officialy corruption Where organized crime is entrenched, government corruption often flourishes, even within the criminal justice system itself The Crime Congress will consider a manual on practical anti-corruption measures, prepared by Michael DeFeo, Deputy Chief of the Organized Crime and Racketeering Section of the United States Department of justice. The original draft was reviewed by an interregional seminar on corruption in government held in The Hague in 1989. The manual, commissioned by the UN Crime Prevention and Criminal justice Branch, deals wit penal laws, procedures to ensure the detection, investigation and conviction of corrupt officials, "free of intimidating influences and unnecessarily technical impediments' forfeiture of funds and property obtained by corrupt officials and mechanisms to prevent corrupt practices or abuse of power, including corporate and citizen reporting and means to combat intimidation. While threats of physical violence against magistrates, prosecutors, police officials and witnesses are not uncommon, intimidation frequently takes a subtler form-for example, 'suggestions of a diminution of career opportunities, of bad results in future matters before a certain court, of unfortunate budget consequences for the investigating unit". These threats are easy to convey in terms which make criminal prosecution difficult, but they are clearly understood by civil servants whose professional and personal lives are very dependent upon persons who move in the same circles as those persons under investigation", the manual states. To counter this type of subtle, pervasive intimidation, it advises countries to develop "an institutional culture of independence and professionalism in criminal justice authorities which reinforces the strong and compels the weak to rise to the group norms of honesty and integrity". Terrorism: issues and answers Lack of agreement on what and who is included under the term "international terrorism" has hampered efforts to forge a common international strategy against that form of violence since the first UN study on that issue was conducted in 1972. The Eighth Crime Congress is expected to propose a practical way to get around that hurdle. "Instead of attempting to define the phenomenon in an abstract way, a list of concrete activities or actions that the international community considers unacceptable and

What happens after the accused is tried and found guilty?

jail is the usual next step for the criminal who is convicted. But in this age of severe prison overcrowding and the AIDS epidemic, the Eighth Crime Congress is expected to recommend that judges consider jail as a "sanction of last resort".

A 14-point draft resolution before the Congress suggests that judges should only imprison people "if it can be shown that there are reasonable grounds for believing that community sanctions would be inappropriate". Only the most serious offences should be excluded from the application of community sanctions, the document stresses.

When crime shakes society-for example, in the wake of a crime wave or of a particularly gruesome or sensationalized murder-the public may blame what it perceives as lenient judges for past, present, even future criminality.

"Sentencing practices", the draft resolution states, "should be seen neither as a cause of current levels of crime nor as solutions to crime problems in the future".

It recognizes that one of the goals of the criminal justice system as a whole is to reduce crime. "The purpose of sentencing is to contribute to that goal by responding in a just and measured fashion to wrongdoing in society". This should translate into sanctions "that preserve the authority of the law and promote respect for it", it states.

Prosecutors should not always formally charge an accused person. Sometimes, certain types of cases should be screened out of the criminal justice system. And they should use conflict-resolution techniques "such as those involving mediation and reparation". Minimal intrusion

Human rights always must be kept in sight: the draft recommends that countries develop "techniques for reducing to a minimum the intrusion of its criminal justice system into the lives of members of society"

Prison overcrowding could be countered and human rights served by reducing the use of custody and detention to a minimum, proclaiming amnesties and pardons and sup porting prison rehabilitation programmes.

Because overcrowding can make it difficult to apply the Standard Minimum Rules for the Treatment of Prisoners, the draft recommends judicial review and effective external control of prison administrations.

A set of "draft basic principles for the treatment of prisoners" also before the Congress states that, except for the "necessary limitation of the freedom of movement, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights" and other international instruments.

All prisoners shall be treated with the respect due to their inherent dignity and value as human beings". There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth "or other status".

Conditions should be created so that immates have access to education and can work for adequate pay, remain involved in the labour market and financially help their families and themselves.

"Criminal", "deviant", "delinquent", pre-delinquent'l-any or all of these labels may be mistakenly applied to a rebellious teen-ager. The question is: Is the label deserved, accurate, useful, harmless?

Margaret Anstee, SecretaryGeneral of the Eighth Congress, feels that such labels could have a stigmatizing effect and cause young people to adopt undesirable behaviour they otherwise would outgrow.

On the other hand, such behaviour often leads to "undue rigidity on the part of formal systems of social control" and results in "unwarranted, excessive and costly intervention in the private sphere of juveniles".

Knowing if and when to intervene, and to what extent, when a young person tests the limits of social tolerance, is essential not only for parents but for criminal justice systems. Ms. Anstee thinks that for society, the goal should be "to limit formal intervention and the application of legal sanctions". When official intervention is necessary, she advises avoiding "criminalizing behaviour that does not present serious harm to society".

Eduardo Vetere, ExecutiveDirector of the Congress, worries about children and teens in jail and the often horrifying sequel of physical and sexual abuse, emotional neglect, malnutrition, untreated illnesses, even suicide. It's what he calls "criminal contamination -jail turning into a school for crime.

Incarcerating young people, which he says is "a fairly widespread practice throughout the world", may contravene such international human rights instruments as the International Covenant on Civil and Political Rights and the 1989 UN Convention on the Rights of the Child.

A juvenile is not an adult in miniature, Mr. Vetere stresses, but a developing human being in her or his own right. A system of "small prisons for small persons", as some have proposed, is undesirable.

Mr. Vetere wholeheartedly agrees with two major instruments before the Congress-the "Guidelines of Riyadh" to prevent juvenile delinquency and the rules for the protection of juveniles deprived of their liberty-which stress prevention within the community and alternatives to imprisonment.

In many countries, children are committing crimes at an earlier age and such crimes are increasingly violent. They are the kind of crimes that only a few generations ago seemed to be the province of hardened, adult criminals. But these children still constitute a minority.

Most children and teens in trouble with the law may simply be trying to survive a disintegrating family or community. Petty theft, begging, drug trafficking and prostitution are their diversions on the street. On a collision course

Many children on a collision course with the law have been victims of violence within their families.

A draft resolution on urban crime before the Congress recommends criminalizing such acts, including sexual aggression and abusive treatment, and attempting to control them through integrated strategies that include education and assistance.

Poverty, unemployment, lack of decent housing at reasonable cost, unsuitable education systems and no prospect for social integration are also "factors conducive to crime", the text says.

Another factor is "the destruction of original cultural identities, together with racism and discrimination which may lead to disadvantages in the social, health and employment spheres".

States are asked to pay attention to the infrastructure of crime and, among other things, to develop a policy of support for single-parent families, involve tenants in housing administration and planning and turn crime prevention into "one of the essential tasks of the police", with community involvement.