Ukrainian association of prosecutors / NEWSLETTER 36

The 12^th IAP Annual Conference will be held in Hong Kong, China, from the 16^th to the 20^th September 2007 at the Hong Kong Convention and Exhibition Centre, (HKCEC), and will be hosted by the Hong Kong Director of Public Prosecutions, Ian Grenville Cross SC.

The way in which the prosecutor relates to the victim of crime, the investigator, the politician, media, court, legal profession and the public at large is constantly evolving, and we must move with the times.

Although transparency and accountability in the public prosecutions area are now far more important than before, there are limits.

As one of Asia's most popular destinations for business and leisure, the city offers unrivalled facilities, capabilities and hospitality.

The HKCEC is an award-winning venue, noted for its consistently superior standards of service, its wide range of facilities and its dramatic location fronting Hong Kong's famed Victoria Harbour.

It is just a few minutes walk from a wide range of hotels, and is readily accessible by various means of public transport.

Preparation for the conference is well underway and the Organising Committee has planned a variety of evening functions for participants.

The Conference Dinner will be held at the renowned Jumbo Floating Restaurant, which is decorated in the style of a gorgeous and exquisite ancient Chinese imperial palace; and the Farewell Party at Café Deco on the Peak will offer a panoramic view of the city and harbour with their glittering lights.

The conference offers a unique opportunity for prosecutors from all over the world to share their experiences, to foster understanding and to discuss issues of common concern.

We anticipate that registrations will be high, and places are limited; so members are invited to book as early as possible.

The preliminary program will be circulated in early March, at which time the website for the conference (www.iap2007.hk) will be up and running.

Once again, our numbers will be limited to 500 participants. Last year we reached this number over three weeks before the conference began and we had to disappoint a number of members who had left their registrations late.

We would encourage members to book as early as possible to benefit from both the early booking discount and to avoid the risk that registrations will have closed. For further general information, please contact the Secretary-General (sg@iap.nl.com).

The theme will be "Mutual Legal Assistance" and there will be opportunities for participants to consider the subject in a European and wider context through plenary presentations and workshop discussions and in a visit to Eurojust.

As ever, this will be an excellent opportunity for more junior prosecutors, and those who do not have regular contact with colleagues from other countries, to meet their counterparts and to broaden their experience of differing jurisdictions and prosecutorial practices.

The conference costs just €130 and those wishing to attend should contact the Secretary-General (sg@iap.nl.com) as soon as possible.

This message is going to be relatively short this time. I have been busy with domestic reform questions and those of you who have experienced reforms recently know what that implies in terms of decision-making and difficult issues, which must be solved here and now.

Moreover, our domestic reform is of a far-reaching nature. We are, for instance, reducing the number of local districts from 54 to 12.

Anyhow, reforms and changes must always be considered not only in domestic systems but within our Association as well.

I expect to present a report on the progress made with regard to a layout for our new IAP website and administrative systems during our next Executive Committee meeting in Santiago in Chile at the end of March 2007.

The meeting is to be hosted by the Chilean National Prosecutor Mr. Piedrabuena, who very generously offered to arrange a northern spring meeting during the southern autumn.

The convening of the meeting in Chile is another example of the Association's strengthened engagement in South America, and will be followed by a regional conference in Venezuela this July.

I had the pleasure to be the official guest of the Hong Kong authorities in December 2006 and thereby also had an opportunity to see first-hand the planning for the conference and to visit the venue.

Our host, the Director of Public Prosecutions, Ian Grenville Cross SC, and his deputy, John Reading, took care of me in the most magnificent way during my stay and so I can without any hesitation assure you that the next conference is in very good hands.

We can expect something truly special involving state-of-the-art facilities, a very beautiful conference setting and, again, a very professionally planned organisation of the activities both inside and outside the conference rooms.

One word of caution: the number of participants is once again limited to 500. So, please book early if you are interested in the theme, "Relations with Others: Accountability, Transparency and Independence" and interested to see and experience Hong Kong.

Following a series of discussions and negotiations, Eurojust and the United States completed an agreement on judicial co-operation.

The agreement makes it incumbent on the States to facilitate cooperation, co-ordination and the exchange of information between European Union and US prosecutors on terrorism and cross-border criminal cases.

This agreement will allow the EU's Judicial Co-operation Unit, Eurojust, to exchange information with US counterparts on cases under investigation, and will also facilitate the co-operation between all 27 European Union Member States and the US.

The agreement is exhaustive and particularly ensures the protection of personal information and individual privacy for both citizens of the US and the EU - beyond the arrangements between the US and other EU institutions in cooperation agreements.

US Attorney General Alberto R. Gonzales, who visited Eurojust in The Hague on the 26^th October 2006, announced that the agreement establishes the position of a US Liaison Prosecutor to Eurojust.

The Liaison Prosecutor, Mary Ruppert, will be based at Eurojust headquarters in The Hague, and will facilitate law enforcement cooperation between the US and EU on a day-to-day basis.

"This agreement is just one more example of the strong relationship that exists between the United States and the EU on law enforcement issues," said Mary Ruppert.

"It represents an important part of our ongoing efforts to combat transnational crime and international terrorism, while protecting the civil liberties of our citizens."

The President of the College of Eurojust, Michael Kennedy, said: "Crime is not only increasingly transnational but frequently trans-global. I am delighted we have concluded this very important agreement with the United States." "It is a very significant milestone in Eurojust's development of partnerships with countries outside the European Union," he said.

"Investigators and prosecutors have to be able to work together effectively and this agreement provides a framework for coordination and co-operation to thrive between the United States and EU authorities with, and through, Eurojust."

The IAP publishes materials of various kinds, including the Best Practice Series, manuals and journals. It is also pleased to endorse other publications of benefit to prosecutors.

Members will find enclosed with this edition of the Newsletter a copy of the fifth volume in the IAP Best Practice Series, "Victims".

This is the result of a survey carried out on behalf of the IAP by Dr. Heike Gramckow of the National Center for States Courts in the United States.

It looks at good practice in the field of handling victims within the prosecutorial process and will, we hope, provide a useful series of benchmarks for our members who are considering their own activities in this area.

Since its launch in 2003, the IAP's Human Rights Manual for Prosecutors has become a standard reference work in this area for all prosecutors.

Indeed, translations are now available in Arabic, French, Russian, Turkish and Ukrainian and a version for China is now being prepared.

Standards for Prosecutors — An Analysis of the United Kingdom National Prosecuting Agencies,is co-written by the IAP General Counsel, Barry Hancock, and Professor John Jackson of Queen's University, Belfast, and provides an analysis of the three national prosecution services in the United Kingdom.

The Crown Office in Scotland, the Crown Prosecution Service of England and Wales and the Public Prosecution Service for Northern Ireland are examined against the international standard and norms for prosecutors.

The book includes sections on accountability and independence, a history of each service and detail on how each delivers its service against the benchmarks set by the United Nations Guidelines for Prosecutors; Council of Europe Recommendation 19 (2000), and the IAP's own Standards.

The most dramatic development recently in the European arena of criminal initiatives is the European Arrest Warrant.

The European Union (EU) by its Council Framework Decision of the 13^th June 2002, established the European Arrest Warrant and surrender procedures between Member States.

The European Arrest Warrant in effect replaces extradition amongst the 27 EU Member States with a fast-track, domestic-style return-of-offenders procedure, based on the principle of "mutual recognition", whereby the judicial authority of a requested State will act on a warrant issued by a judicial authority of another State.

The judicial authority of the requested State has a 90-day time limit within which to determine whether the warrant will be executed.

By this judicially focused process, the formal diplomatic and political processes of extradition are totally eliminated, enabling a more expeditious system.

The European Arrest Warrant became operational on the 1^stJanuary 2004, and as of the 21^stJuly 2005, was implemented by all (then) 25 Member States, in terms of incorporating the Framework Decision into their national laws.

The Handbook on the European Arrest Warrant by Judge Rob Blekxtoon, Editor-in-Chief (Retired Vice-President, Presiding Judge Extradition Chamber, District Court of Amsterdam), and Wouter van Ballegooij, Managing Editor (researcher in EU law with T.M.C. Asser Press, The Hague), which is published by T.M.C. Asser Press, is a collection of articles by European Judges, Prosecutors and Professors of International Law, discussing every aspect of the European Arrest Warrant, so you have everything you want to know or need to know about it in one place.

The book is organised into four parts: General, Special Issues, Implementation and Relation with Other Relevant Legal Instruments, and a commentary on a clause-by-clause basis of the Framework Decision itself by Judge Blekxtoon.

This type of organisation turns the book into an easy reference guide, enabling quick access to specific topics.

In the General portion, Michael Plachta, (Polish Professor of international law and procedure) and Wouter van Ballegooij, trace the evolution of extradition amongst the Member States, through previous European extradition conventions and ultimately conclude that "the attacks on New York and Washington, however, redefined the goal of judicial cooperation in criminal matters.

"The European Arrest Warrant was introduced to meet the immediate need for a quick system for surrender of suspected terrorists."

How the European Arrest Warrant reconciles with longstanding principles, which are the cornerstone of extradition, is thoroughly canvassed in the Special Issues portion of the book.

With respect to the fundamental principle of "double criminality," or the requirement that the offence for which extradition is requested must be a crime in both States, Nico Keijzer, (Justice extraordinary, Supreme Court of the Netherlands) explains and interprets how the Framework Decision for the European Arrest Warrant, which lists 32 categories of crimes for which an offender can be surrendered, is a significant step in relaxing the "double criminality" condition.

The section of the book dealing with Implementation and Relation with Other Relevant Legal Instruments includes a chapter on "The European Arrest Warrant and the ECHR (European Court of Human Rights)" by Paul Garlick (Queens Council, London).

Mr. Garlick deals with the issue as to whether the judicial authorities will have the right to refuse extradition on the ground of violations of the provisions of the ECHR and opines that the system will be undermined if human and fair trial rights are not taken into consideration in the execution of the European Arrest Warrant.

Or, if you are interested in dramatic developments in the criminal area in Europe, you may find the book interesting because, as Antonio Vitorino, the former Commissioner for Justice and Home Affairs, European Commission, said in the Foreword: "The European Arrest Warrant will, in time, become a landmark in criminal judicial co-operation throughout the European Union — it has lived up to expectations, made surrender procedures faster, more effective and less political."

Each year, the IAP makes a number of awards for services to the Association and to prosecuting in general. The awards are:

The IAP Medal of Honour is awarded from time to time to a prosecutor who has exemplified, in the domestic or international context, the key attributes of the prosecutor and, more particularly, the qualities of integrity, fairness and professional ethics set out in the IAP Standards and which are expected from a holder of this important office.

It may also be awarded to a person who has made a significant contribution to the promotion of the IAP Standards and to the role of the prosecutor in the pursuit of justice under the rule of law in the domestic or international context.

Past recipients have been Louise Arbour, Canada (1999), Nelson Mandela, South Africa (2000) the late Simon Wiesenthal, Austria (2002), Pierre Truche, France (2004) and Minoru Shikita, Japan (2006).

The IAP Special Achievement Award is given to a prosecutor, whether a member of the IAP or not, who has demonstrated special dedication in the pursuit of his/her professional responsibilities, or who has discharged his/her professional responsibilities in the face of special hardship or adversity or under other circumstances which deserve special recognition.

The award of the IAP Certificate of Merit seeks to express the gratitude of the Association to members of the IAP (individual or organizational) for work in the pursuit of the Objects of the Association.

The award of an IAP Thank you Certificate seeks to express the gratitude of the Association to non-members for their work in support of the IAP or in pursuit of the Object of the Association.

Nominations should be sent, along with full supporting documentation, to the Secretary-General (sg@iap.nl.com).

It is with great sadness that we it report the death of Klas Bergenstrand, former Prosecutor General of Sweden and member of the IAP Executive Committee.

As Prosecutor General, Klas, who was 61, led a comprehensive re-organisation to modernise and centralise Sweden's entire prosecution authority.

He started a similar re-organisation at SAPO, the Swedish Intelligence Service, putting more focus on anti-terrorism efforts.

"His passing is a great loss to the entire judicial system," said the Justice Minister Beatrice Ask. "Klas combined skill with enthusiasm, modesty and unlimited energy.

Klas Bergenstrand was a longstanding supporter of the Association and, indeed, was present when it was founded in Vienna in 1995.

In 1990, the Board of Directors of the National District Attorneys Association (NDAA) welcomed a new member from South Carolina, Solicitor John R. Justice (1943-2006).

Over the next 16 years, John's stature within the NDAA grew, due to the keen insight he demonstrated at various committee meetings, his parliamentary experience as a former South Carolina State legislator, and his ever-present and unique sense of humour.

John rose quickly in the leadership of NDAA, becoming a member of numerous committees and chairman of several.

As an elected official who continued to try cases, John's compassion for victims of crime and his devotion to the rule of law made him highly sought after as an expert on professional ethics and criminal justice issues. He spoke frequently and eloquently as a passionate advocate for law and order.

In 1999 John and his wife Gracy attended the IAP Executive Committee in Amsterdam; he also participated in a number of IAP Annual Conferences.

John and Gracy have three daughters: Dolly, Ivy (both prosecutors) and Tess. We send our deepest sympathy to all of them.

The International Association of Anti-Corruption Authorities (IAACA) announced its establishment on Wednesday, the 25^thOctober 2006 at Beijing, China.

Jia Chunwang, head of China's Supreme People's Procuratorate, was elected President of the IAACA, while IAP Vice-President Ye Feng was elected Secretary-General.

The establishment of the IAACA came on the closing day of a five-day conference, which was attended by more than 900 delegates from anti-corruption authorities in 137 countries and regions and from 12 international organisations.

"The successful conclusion of the meeting marks a new era of international co-operation in fighting graft," Jia said.

"I feel great responsibility as the president of the IAACA and sincerely hope members will try their best to assist the work of the IAACA."

The IAACA grew out of the United Nations Convention Against Corruption (UNCAC), which came into effect on the 14^thDecember 2006, said Ye Feng.

The association will "promote international co-operation in gathering and providing evidence, in tracking, seizing and forfeiting the proceeds of corrupt activities and in the prosecution of fugitive criminals," he said.

"The IAACA is aimed at strengthening international co-operation between national anti-corruption authorities."

Ye Feng noted that the IAACA is a non-profit organisation which is independent, professional and non-political.

According to the IAACA constitution, it offers professional training programs on anti-corruption and aims to facilitate the dissemination of expertise and experience.

Bulelani Ngcuka, the former National Director of Public Prosecutions of the Republic of South Africa, added: "The new association will help global anti-corruption authorities establish direct contact with one another."

At the time of this Newsletter going to press, 52 prosecution offices/associations of prosecutors have committed themselves to working in accordance with the IAP Standards.

This does not involve any detailed assessment but a statement by the head of the organisation that its day-to-day activities are within the spirit of the minimum standards set down in our own and, by definition, other international standards and norms for prosecutors.

We kindly invite those of our organizational members who have not yet forwarded such commitments to the Secretariat, to do so in the near future.

It is with great regret that we say farewell to Daniel Bellemare, MSM, QC, who has recently resigned from the IAP Executive Committee on his departure from the Canadian Federal Prosecution Service (FPS).

Daniel attended the first IAP Annual Conference and General Meeting in 1996; became a member of the Executive Committee; and in 1998 was elected a Vice-President of the Association.

The contribution Daniel has made over the years has been immense and includes the inauguration of the IAP Awards and the development of the French-language website, as well as ongoing work on the IAP communications strategy.

He was the host of the second IAP Annual Conference in Ottawa and has, over the years, invited many IAP members to address conferences organised by the FPS in Canada.

The 20^th Anniversary Conference of the International Society for the Reform of Criminal Law will be held from the 22^ndJune to the 26^th June 2007, Vancouver BC, Canada.

For registration and program information, contact the Secretariat, International Society for the Reform of Criminal Law, Suite 1000, 840 Howe Street, Vancouver, BC, V6Z 2M1, Canada.

As this Newsletter is going to press, preparations are being made for a fourth IAP Asia and Pacific Regional Conference and a second IAP Latin American Regional Conference.

These (low-budget) conferences will be held in Malaysia, in the second half of the year, and in Venezuela in the last week of July.

Members who wish to refer to the presentations made at the 11^th IAP Annual Conference (or earlier conferences) can find them at www.iap.nl.com

Members will have received individual reminders to pay their dues and the Secretary-General would be grateful if all members who have not yet done so would now arrange for payment; preferably by credit card. (A form is available on the website under "How to Apply".)

Organizational members will have received an invoice; they are kindly requested to pay their dues within two months.

Please inform the Secretariat of any change in your address details, so that no more mailings will be returned to us as undeliverable.

This is an urgent request, as too many mailings are returned to the Secretariat as "undeliverable" or "unknown".