| |
|
DOJ/OPDAT Latin America and the Carribean Programs
Recent Activities
During the Fourth Quarter of Fiscal Year 2005 (FY05), the
Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT),
U.S. Department of Justice, focused on criminal justice sector reform in
Latin America and the Caribbean in the following Department of Justice and
OPDAT priority areas: counter terrorism and terrorist financing; trafficking
in persons (TIP); cyber crime and intellectual property rights (IP); justice
sector reform; and combating corruption. Assessments, program design or
technical assistance programs this quarter were conducted in Belize, Brazil,
the Dominican Republic, Mexico, Nicaragua, Paraguay, and Central America
(regional) and the Caribbean.
The Latin America team continued to develop plans for training in the Dominican
Republic and Mexico; however, political unrest put discussions with posts
in Bolivia and Ecuador on hold. Finally, plans were made to place a second RLA in Nicaragua and funding for
the RLA in Paraguay was assured.
Central America
On August 16-18, 2005, in San Salvador, El Salvador, OPDAT held a Central
America regional workshop on combating trafficking in person (TIP). The
workshop was the result of a collaborative effort involving U.S. embassies
in San Salvador, Guatemala City, Tegucigalpa, Managua, San Jose, Panama
City, and Lima, the U.S. Department of Justice's Office of Overseas Prosecutorial
Development, Assistance and Training (OPDAT), and Office to Monitor and Combat Trafficking in Persons (G/TIP). This multi-disciplinary
workshop - which included government officials and victim service providers
from Guatemala, Honduras, Nicaragua, El Salvador, Costa Rica, and Panama
-- focused on three core areas: victim services, law enforcement techniques,
and inter-governmental coordination. The enthusiastic participants heard
from experts from the U.S., Central America, and Peru; they also participated
in practical exercises and developed a list of best practices for combating
TIPs in Central America. In addition to enhancing the skills of the participants,
the workshop enhanced the ability of all the participating countries to
network with each other and collaborate on combating human trafficking.
During the three-day workshop there were a number of important presentations
by presenters from Central America and elsewhere. For example, the Nicaraguan
participants made a compelling presentation on their successful investigation
and prosecution of cross-border human trafficking. Also, two nuns with the
Sisters of Adoration, Slaves of the Blessed Sacrament and of Charity, Lima,
Peru, made a fascinating presentation on their efforts to rescue women caught
in the web of prostitution. The Sisters support missions worldwide assisting
trafficking victims by providing education, medical attention, counseling,
and job training for girls and women liberated from prostitution. This organization
came to OPDAT's attention because they were listed as one of the "Heroes
Acting to End Modern-Day Slavery" in the State Department's 2005 Trafficking
in Persons report. The U.S. presenters - including two victim service providers,
an FBI agent, and a federal prosecutor with global experience combating
TIPS - made presentations on victim services, inter-governmental cooperation,
and law enforcement techniques to investigate and prosecute human trafficking.
During the workshop there was a series of small group problem-solving sessions.
These sessions served several purposes: First, they provided the participants
the opportunity to meet their counterparts in other Central American countries
- sessions designed to enhance cross-border cooperation. Second, they provided
the participants the opportunity to engage in a meaningful dialog in a multi-disciplinary
setting - sessions designed to break down the barriers between the various
disciplines involved in combating human trafficking (including victim service
providers, investigators, prosecutors, and foreign affairs officials).
The small group problem-solving sessions culminated in a drafting session
in which three teams (victim service providers, foreign affairs officials,
and law enforcement officials), equipped with laptop computers and printers,
identified and documented over twenty-five "best practices" for combating
human trafficking in Central America. Here are some examples:
- Law enforcement: (a) Conduct interviews of victims
and witnesses as soon as possible as a joint police-prosecutor effort
in an environment specially designed for such; (b) In police headquarters,
implement a commercial registry database of all businesses that could
potentially involve commercial sexual exploitation and the trafficking
of persons; (c) Implementation of anonymous declarations or confidential
information in order to maintain the secret identity of the person reporting
a crime; (d) Surveillance of motels and hotels by tourism security police;
and (e) Identification of the traffickers as much as is possible, including
obtaining data on home, assets, vehicles, telephone numbers, and places
of operation.
- Victim services: (a) Initially, the main objective
is not to gather information. Psychological effects are very particular
and very different than, for example, those of persons experiencing
domestic violence; the victim of trafficking does not have the same
conditions. There is a third party in control of her life. In this situation
the trafficker's threats are affirmed; through police intervention she
is living an affirmation of the threat: if you talk (to the police),
the police are going to take you away; (b) The person who first approaches
should have a set of criteria to determine whether the victim is prepared
to be listened to by several people. In this matter, it is important
to coordinate all interested parties: the service providing organization,
the family, the police, and the prosecutor; (c) The platform of services
should provide services for the victim's protection, as well as address
structural factors that pose a threat of re-victimization: the family's
poverty, need for employment; (d) The (victim services) platform should
quickly facilitate repatriation when deemed necessary. Investigate what
the role of the family was to detect early on any type of participation
the family had in her trafficking which, upon return, would put the
victim at risk;
- Inter-governmental cooperation: (a) Incorporate the
issue of trafficking of persons into the global and regional agenda
in order to promote an active participation from states; in Central
America at a SG-SICA (Department of the Central American Integration
System) level; (b) Active coordination and participation from the Central
American ministries of foreign affairs, embassies, and consulates; (c)
Harmonize or create counterpart legislation regarding the creation of
regional codes tending to the victim's protection and penalties for
the criminals; and (d) Establish mechanisms for regional coordination
and exchanges of experiences between specialized institutions; conduct
joint regional informational and awareness campaigns about trafficking
in persons; and (e) Sign regional agreements for the respectful and
safe repatriation of trafficking victims; and hasten the receipt of
evidence between countries, shortening the required formalities in each
country.
During the fourth quarter of FY2005, OPDAT organized a regional event which
served as the culmination of a year's TIP programming in Central America,
Belize and Suriname. OPDAT had sponsored more than a dozen bilateral training
sessions focused on investigating, prosecuting and adjudicating TIPS cases,
forensics and victim-witness interviewing and protection, all funded by
the Department of State's Office to Monitor and Combat Trafficking in Persons
(GTIP).
Argentina
There is nothing new this period.
Belize
On July 25-29, 2005, OPDAT held a criminal forensic trial advocacy technical assistance program
in Belize City, Belize. Based on the feedback from Belizean
participants and Department of Justice instructors who took part in earlier
OPDAT programs in Belize, the Department of Justice determined that the
country was in need of basic trial advocacy training for both prosecutors
and judges. Of particular importance was the need for training to stress
how the investigation process directly affects the prosecutor's ability
to win cases and the need for early communication between police and prosecutors.
OPDAT therefore planned a technical assistance program for both police and
prosecutors in which they worked together with two detailed fact patterns
at each step of the investigation and prosecution process - from the time
a first responder arrives on the scene to the time a final decision is handed
down by a judge. Both patterns contained issues including identification,
first responder investigation, defendant statements, chain of custody and
civilian witness problems. Participants broke down into role-playing groups
to present their cases in a moot court.
An Assistant U.S. Attorney for the District of Colombia led the program.
OPDAT worked closely with the Director of Public Prosecutions (DPP) in Belize
to plan and implement the program. The Director acquired the approval of
the Belizean Chief Justice for all civilian prosecutors and Crown Counsel
to be excused from court during the scheduled training days so that OPDAT
could have a full complement of prosecutors attending the training. Additionally,
the Chief Justice offered OPDAT the use of two courtrooms in Belize City
for the duration of the training. DEA Agent at post in Belize City worked
with police units in Belize City and around the country to select and invite
appropriate police participants. OPDAT therefore had a large turnout of
police and prosecutors for the one week training.
OPDAT sent an instructor team of four experienced U.S. prosecutors and two
U.S. police detectives to travel to Belize as instructors. The instructors
were the Chief of Grand Jury Section; a Community Prosecutor and former
Violent Crime Prosecutor; a Public Corruption and Fraud prosecutor and former
Homicide prosecutor; Assistant U.S. Attorney for the District of Colombia;
a Detective from the D.C. Metropolitan Police Department; and a Detective
in the Special Victims Unit with the D.C. Metropolitan Police.
Civilian and Police Prosecutors from the Magistrate Courts and the Supreme
Courts countrywide attended the five day training seminar. The focus of
the training was for investigating police officers and prosecutors to work
hand in hand from the initial stage of suspected criminal activity through
the closure of trial. Presentations on the investigator-prosecutor relationship
and prosecution techniques, including opening statements, direct and cross
examination, and closing statements were made at the Radisson Hotel Fort
George on the first and second day of the program. The trainings then moved
to the Supreme Court Building in downtown Belize City, where all participants
participated in mock trials. The prosecutors presented opening statements,
directly examined and cross examined investigator witnesses, and ended with
closing statements. These mock performances were observed by the Director
of Public Prosecutions in Belize and a Belizean Magistrate judge, who offered
their feedback to participants at the end of each portion of the exercise.
In addition, the US instructors offered their feedback and provided demonstrations.
Brazil
In July a team from US DOJ's Computer Crime and Intellectual Property Section
(CCIPS), the Department of Homeland Security's Immigration and Customs Enforcement
(ICE) Unit, and Office of US Trade Representation (USTR) met with counterparts from the Ministry of Justice,
Federal Police, Receita Federal and Foreign Ministry for the first meeting
under an informal technical cooperation initiative on IPR enforcement. The
technical cooperation initiative is a by-product of discussions with the
Government of Brazil over the last year regarding the possible withdrawal
of Brazil's trade benefits under the Generalized System of Preferences (GSP)
due to ineffective copyright protection. On April 4, the GSP Review was
extended until September 30, 2005. While the threat of the GSP Review has
remained in place, the USG has also sought since April to foster a bilateral
exchange between law enforcement and customs agencies specifically to support
a timely implementation of Brazil's recently formulated national anti-piracy
plan.
The U.S. delegation was led by the International Coordinator for CCIPS and
included a trial attorney with CCIPS; the Section Chief of the ICE Cyber
Crimes Center; and the USTR Director for Mercosul; representatives from
AmEmbassy Brasilia Econ, DHS, the US Embassy Legatt, and FCS also attended.
Heading up the Brazilian Delegation were the Executive Secretary of Brazil's
National Anti-Piracy Council (CNCP). He was joined by representatives of
the Federal Police; the head of a specialized enforcement section within
Receita Federal's customs unit; a prosecutor from the Public Prosecutor's
office in the state of Rio de Janeiro; and two officials from the Foreign
Ministry.
The discussions focused on three subject areas identified during a June
1 bilateral digital video conference: risk analysis relating to customs,
cybercrime, and legislative initiatives.
One official noted an interest in working with other countries to obtain
information that would enhance Brazilian customs' ability to evaluate the
risk associated with particular importers and exporters. The USTR representative
noted that some countries have set up a registry to identify legitimate
importers of blank CDs. One official said the CNCP was considering establishing
one central office for registration of copyright titleholders to enable
better coordination between right-holders and law enforcement. Other Brazilians
noted that customs would like to work more closely with the United States
and other countries to address under-invoicing. The Deputy DHS Attache encouraged
the Brazilians to use a bilateral cooperation agreement between Brazilian
customs and DHS as a vehicle for seeking information that would be useful
in their efforts. It was agreed that the subject of risk analysis would
be taken up in greater detail during subsequent discussions.
The Receita Federal's customs modernization plan was discussed, including
plans to improve infrastructure and increase the use of technology, such
as scanners and optical character reading cameras, to enhance customs' ability
to regulate the entry of products. In March 2005, Brazilian customs established
a special coordination unit for inspection oversight, establishing five
separate sections to deal with: international trade related duties, enforcement
(smuggling), classification of goods, risk analysis, and security. According
to one Brazilian official, the special enforcement unit is slated to grow
from 200 to 1,000 officers within two years, and by the end of three years
it should be sufficiently large to deploy throughout the entire country.
In addition to using scanners, the unit will have an aviation team outfitted
with planes, helicopters and speedboats. Brazilian customs has also been
exploring tax evasion control measures, such as the application of seals
or serial numbers for CDs and DVDs, but is still discussing the issue with
domestic industry which has not yet supported the approach.
The Brazilian delegation displayed an intense interest in discussing an
array of issues related to the protection of intellectual property and the
internet. An official from the Federal Police said that although formally
a new unit within the Federal Police to combat cybercrime has not been formed,
it is functioning in practice and she requested that an informal channel
of communication be established between Brazilian and U.S. authorities to
enable quick communication for time sensitive inquiries. The U.S. delegation
welcomed direct inquiries to CCIPS and ICE from Brazilian authorities, but
noted that inquiries directed through either the DHS or Legatt offices at
post would probably be the most expeditious approach, particularly given
language differences.
During the meeting, information was exchanged regarding internet service
provider (ISP) liability within the U.S. and Brazilian legal systems, legal
processes and mechanisms for securing evidence, difficulties and potential
options for determining domain name ownership, and problems with the improper
use of trademarks within worldwide web domain names. The Brazilian delegation
requested copies of pertinent U.S. legislation for reference as further
changes in Brazilian laws are contemplated; they described current legislation
as not very advanced.
It was learned that Brazilian sellers of illegitimate products over the
internet are increasingly acquiring domain names abroad to avoid penalties
within Brazil. The International Coordinator from CCIPS noted that a substantial
portion of enforcement in the United States is as a result of civil action.
The difficulty of monitoring service providers and auction sites for the
sale of counterfeit goods was discussed, but the U.S. delegation also pointed
out that auction sites are a resource for information useful for law enforcement.
In general, the U.S. delegation described the benefits of working in partnership
with the large service providers and auction sites, which have a self-interest
in denying access to purveyors of pirated goods, and U.S. law enforcement's
focus on smaller providers who may be actual collaborators in criminal activity.
The U.S. delegation explained that U.S. law distinguishes between an attempt
by a domain name holder to extort a trademark owner, which is illegal, and
the legal use of trademarks in domain names if for the purpose of education
or comparison.
Both sides conveyed an interest in continuing the discussion in this area.
And the Brazilian delegation was encouraged to forward any questions they
have in writing in order to keep the dialog going and to increase the productivity
of a future meeting.
Legislative Initiatives: One official provided an overview of changes to
Brazilian IPR law in recent years, including the ability to hold owners
of buses used to transport counterfeit goods as liable and the elimination
of customs-free transit for blank CDs through Brazil to Paraguay. Another
change has enabled a copyright association to be considered an "associated
party" within legal proceedings. Another claimed that copyright enforcement
problems stem not so much from a need to change legislation, but from a
lack of consistent application of the existing law. One change being considered
to Brazilian law would enable law enforcement to retain only a sample of
counterfeit products seized, either destroying or donating the remainder.
In response to a question from the Brazilian side, the U.S. delegation explained
that by working closely with right-holders, U.S. law enforcement typically
is able to determine definitively before seizure that the products are in
fact counterfeit. The quantity and monetary damage thresholds of the U.S.
criminal copyright law were also explained.
Although not directly related to legislation, this official described how
state level prosecutors have organized to standardize operations, procedures
and penalties to address organized crime and her efforts to apply this same
model for organizing state prosecutors to combat piracy. She is drafting
a handbook for use by civil, military, highway, state, and federal police
as well as customs agents to explain techniques for recognition, surveillance,
and intelligence gathering related to piracy.
At the conclusion of the meeting, both sides described the discussion as
very useful and expressed an interest in continuing the dialog, although
no date was set for a future meeting. Post continues to believe that this
type of exchange provides the USG with a useful mechanism for engaging the
GoB in a productive way on its efforts to combat piracy and to potentially
make a positive impact on implementation of the GoB's national anti-piracy
action plan.
Chile
There is nothing new this period.
Colombia
From October 10-15, OPDAT conducted two criminal trial advocacy programs for a total of 120 prosecutors and investigators, one in Medellin and one in Cali, Colombia. Both programs focused on trial techniques and implementation of the new criminal procedure code as Colombia continues to transition to an adversarial criminal justice system. Two AUSAs from the District of Utah and an OPDAT Resident Legal Advisor (RLA) to Colombia participated in the training in Medellin. An Assistant United States Attorney (AUSA) from the Eastern District of California, a Trial Attorney from the Narcotics and Dangerous Drugs Section, and an OPDAT RLA to Colombia assisted with the training in Cali.
On October 2-8, OPDAT conducted a program in Washington, DC, for 13 Colombian judges that enabled them to observe court proceedings such as arraignments, hearings, trials, and appeals; discuss court administration and case management; and attend meetings with prosecutors, judges, and other law enforcement officials. The purpose of the study tour was to engage the Colombians and their American counterparts in a comparative dialogue on their respective court systems and enhance the capacity of judges to operate in the more adversarial style criminal justice system in effect under Colombia's revised criminal procedure code. This US-based program was part of OPDAT's ongoing efforts under Plan Colombia to assist in the implementation of legal and judicial systems through exposure to and information about US legal practices and international legal norms. DOJ participants included OPDAT Justice Sector Reform Program Manager.
On August 8-12, OPDAT conducted a criminal trial advocacy program in Cali, Colombia, for 50 judges. Assisting in this training were Judge Justo Arenas (U.S. District Court, Puerto Rico), and the OPDAT Justice Sector Reform Program Manager. From August 8-20, OPDAT conducted two criminal trial advocacy programs for a total of 120 prosecutors and investigators in Paipa and Cali, Colombia. Both programs focused on trial techniques and implementation of the new criminal procedure code as Colombia continues to transition to an adversarial criminal justice system. DOJ participants in Cali were an AUSA from the District of Arizona and a Trial Attorney from the Office of International Affairs. US participants in Paipa were an AUSA from the Eastern District of California and an Attorney from the National District Attorney's Association.
On July 9-17, OPDAT provided basic criminal trial advocacy training to 35 Colombian prosecutors in Bucaramanga, Colombia, and on July 10-17, to 35 prosecutors in Medellin. DOJ participants in Bucamanga included an attorney from the Criminal Division's Office of Policy and Legislation, and the OPDAT Justice Sector Reform Program Manager. DOJ participants in Medellin included an AUSA from the Executive Office for US Attorneys, and two OPDAT Resident Legal Advisors.
Costa Rica
There is nothing new this period.
Ecuador
There is nothing new this period.
El Salvador
There is nothing new this period.
Guatemala
There is nothing new this period.
Mexico
The August 22-26, 2005 DOJ OPDAT Customs' IPR Training program was coordinated
by the U.S. Embassy and by U.S. Customs and Border Protection (CBP). The
trainers included a DOJ Criminal Division Trial Attorney, a CBP Attorney,
a CBP International Trade Specialist, a Senior Inspector for CBP, a CBP
Import Specialist Team Leader, an official from IMPI, the Mexican President
of the Alliance Against Piracy, an attorney representing numerous IPR clients,
and a PGR (Prosecutor's Office) official. Participants included Customs'
officers from all ports of entry of Mexico.
The training successfully met its goal of enhancing the ability of Mexican
Customs' officers to effectively detect, investigate, and refer leads to
prosecutors who specialize in counterfeit and pirated goods. The training
also covered Hands-on-Training at the Manzanillo Port co-led by CBP investigators.
The program also provided an opportunity for the Mexican Customs' officers
to understand the importance of intellectual property enforcement to protect
their economy and culture, and of the importance of finally starting a long-awaited
dialogue with PGR, the entity responsible for the criminal enforcement of
intellectual property theft in Mexico. The program also enabled the Customs'
officers to dialogue with the representatives of the various industries,
to understand the legitimacy of victims' needs, and to start a dialogue
with the victims on what steps should be taken to enhance better enforcement
of intellectual property rights in Mexico.
The representative from PGR (who drove 14 hours by bus to attend the training)
also committed to investigating any intellectual property theft leads that
Customs' officers would give him, and to dialogue with IMPI, the equivalent
of our US Patent and Trademark Office. The Customs' officers mentioned that
this was the first time that they had been trained in IPR matters, and that
they now understood the importance of intellectual property rights' enforcement.
The training also allowed the various participants to identify areas that
required strength, including, but not limited to, legal training on applicable
laws and training on legal requirements for enforcement.
The training generated much enthusiasm for enforcing intellectual property
rights, and many animated discussions on identifying areas of weakness in
the enforcement of intellectual property rights in Mexico. In the end, the
participants resolved to continue the dialogue that had been initiated for
the first time during the training between the various governmental entities.
The participants also committed to using the tools that would be put at
their disposal to further the enforcement of intellectual property rights.
In a trainers' Working Group meeting called after the training, the instructors
discussed ways to carry out this step and to provide tools for better enforcement
of intellectual property rights in Mexico.
Nicaragua
Early in 2005, the US Embassy in Managua hosted a G8 meeting where the Government
of Nicaragua presented proposals for assistance under the G8 Sea Island
Transparency Compact. Following the Nicaraguan officials' presentation,
the State Department and U.S. Embassy Managua decided to adopt the National
Anticorruption Task Force as the United States G-8 anticorruption initiative
in Nicaragua. Development of this Task Force is now a key Embassy initiative
and goal. The task force will be a vetted unit comprised of prosecutors
assigned permanently to the task force and would specialize in the prosecution
of corruption and money laundering cases. Corruption police would also be
assigned to the task force.
After the RLA departed in May, OPDAT recruited, selected a prepared a second
RLA to undertake the anti-corruption portfolio in Nicaragua. During the
interstices, the RLA-designate traveled to Nicaragua to present a round
table on "The Fight Against Corruption: Next Steps (La Lucha Contra la Corrupción:
El Próximo Paso)." The roundtable discussion was organized to bring together
the appropriate government officials from Nicaragua and the United States
to review the gains made in the past year in the country's fight against
corruption and to discuss the next steps to be taken to continue with our
mutual goal of attacking this grave ill which directly impact many of the
country's institutions. Additionally, the roundtable provided an excellent
opportunity for Nicaraguan officials to meet OPDAT's designate RLA to Nicaragua.
It also allowed the RLA-designate a good opportunity to ascertain the level
of commitment of the GON officials to fight corruption. Many of the participants
manifested their will to combat corruption by either sponsoring and/or supporting
legal and judicial reforms, which would establish a transparent means to
effectively investigate and prosecute embezzlement, fraud, theft of government
property/funds and related crimes involving corruption, which are often
prosecuted as money laundering.
The event provided a great opportunity for a diverse group of money laundering
and anti-corruption experts to meet and discuss current problems and offer
possible solutions. A broad segment of the Nicaraguan law enforcement community
and other stakeholders were represented. The participants included members
of the National Prosecutor's office; the Attorney General's office; the
Nicaraguan National Police; the General Assembly; the Superintendent of
the Banks; and the Executive's Ministry of Government. OPDAT's Nicaragua
RLA and a Special Agent from Department of Homeland Security (DHS)/US Immigration and Customs Enforcement (ICE) Attache's Office at the U.S. Embassy
in Panama City participated in the roundtable. Other participating agencies
were the Embassy's Political, Economic, International Narcotics and Law
Enforcement Sections, the DEA country attaché, as well as USAID permanent
and contract personnel. The Deputy Chief of Mission facilitated the discussion.
After the opening session, each participant gave a short presentation about
his or her institution and its efforts to combat corruption in Nicaragua.
The presentations opened the floor to discussion and the renewed commitment
by the RLA, on behalf of the Embassy, to create and support a specialized,
professional Anti-Corruption and Money Laundering Task Force. The event
finished giving participants an opportunity to brainstorm on improving the
assistance and cooperation between our two governments, and more importantly,
among the various Nicaraguan agencies represented therein, in devising a
coordinated, comprehensive effort to combat corruption.
Panama
There is nothing new this period.
Paraguay
OPDAT's Resident Legal Advisor in Asuncion started his third year this August.
Paraguay has yet to enact legislation to criminalizing money-laundering,
anti-terrorism and terrorist financing. A major problem, identified by the
RLA, is the absence of a champion in the senate who will push for the bill's
passage. In September the RLA, the US Embassy's political officer and other
representatives of the Embassy, as well as the Money Laundering legislation
drafting group held a meeting with several senators. The senators promised
to issue a dictamen requiring that the senate identify controversial passages
in the legislation and resolve those issues within 40 days, or otherwise
the dictamen would authorize sending the bill forward for official action.
No such action, however took place during this quarter.
The RLA and a number of US Embassy officers have been communicating to the
highest ranking officials a consistent message about passing the money laundering
legislation. The message of the need to approve the money laundering legislation
has even permeated the Fiscalia, with many prosecutors waiting to begin
enforcing its provisions. The RLA urged Supreme Court President Fretes to
sponsor a meeting/briefing session/legislation drafting session with supposedly
friendly Senators and Comision members. The Embassy team is working with
other Supreme Court justices to build their understanding and support for
the issue.
The RLA continued to search for the way to launch this issue before congress
as a matter of urgency, including looking toward the international community.
In June 2005, the RLA organized a teleconference between United Nations Office of Drugs and Crime Counterterrorism Committee (UNODC CTC), International Monetary Fund (IMF),
Organization of American States (OAS), DOJ RLA, Post Political Officer and State Department about options
to move the legislation in the face of Paraguayan intransigence. They followed
that conference call up on August 11, 2005 with participation from UNODC
CTC, IMF, OAS, OTA REA, DOJ RLA, State and the Post Political Officer. On
a recent visit, the IMF also informed Paraguayan representatives of the
importance of passing money laundering and counter-terrorism laws.
In addition to money laundering legislation, the RLA remains involved with
passage of Paraguay's draft anti-terrorism and terrorist financing legislation,
a bill which has not yet been introduced into their Congress for fear of
being confused with the money laundering draft. That strategy on the terrorism
project through this quarter has continued; the counter-terrorism/terrorism
financing bill remains shelved.
This quarter also the RLA continued to prepare for and lend material support
to the OTA Investigators Academy for Aduanas (Customs), Tributacion (IRS
equivalent), SENAD (drugs), and UTE (IPR) which was a month-long training
Academy for investigators and fiscales from September 12 through October
7, 2005. The assignment was to coordinate 40 hours of legal instruction
by prosecutors from the national Fiscalia, or Attorney General's Office.
The effort took on additional size and complexity as it became obvious that
there are few if any legal materials prepared or available from which the
prosecutor-presenters could begin to work to develop lesson plans. As a
result, the RLA continued to work with the office of the Fiscalia's Centro
de Capacitacion to recruit their support of the training Academy, organize
the training, identify presenters, review numerous possible operational
course materials, obtain and transmit materials, revise the agenda, look
for outlines for presenters, and other organizational details. The RLA held
pre-academy organizational and instructional sessions with the presenters,
specified assignments, offered suggestions, worked to help build several
of the training modules, and organized preparation of formal lesson plans.
The training began on schedule, and the 40 hours of legal instruction took
place four hours a day over a two week span beginning September 12 and continuing
to September 23. The RLA gave one of the first hours of instruction over
liability of investigators and fiscales, as well as other modules later
on. The remainder of the practical training was to continue until October
7, 2005 for the specialized investigators from customs, drugs, tax, IPR
and Hacienda units. During the academy, as before it began, the RLA met
repeatedly with the leaders of the Fiscalia General's Centro de Capacitacion
to ensure their help and support, suggest trainers, meet with the instructor
corps as a body and as individuals to offer support, suggestions and instruction
tips.
The Fiscalia Train-the-Trainers are all graduates of an earlier class on
"Didactica," (teaching techniques) and the level of instruction during the
legal portion of the academy was very high. The Centro de Capacitacion has
been using these trainers weekly to teach a number of classes and subjects
that were originally taught to them, and that have been adopted as regular
curriculum for the entire Fiscalia. An additional benefit was the interaction
of the instructors and investigators in breaking down the walls that have
historically prevented communication.
This was almost historic -- a first for Paraguay - the first time prosecutors
had developed and prepared quality training materials and presentations
to prepare criminal investigators (or other new fiscales for that matter)
to do their jobs at the time they enter service. The interchange between
the prosecutor instructors and their pupils was hopeful and inspiring -
especially in this land where they have never really spoken to each other.
An additional benefit is the permanent library of instruction modules developed
by the instructors in such a way that other fiscales in the future can take
the lesson plans and carry the torch of quality instruction of their colleagues
- the development of a permanent corps to instruct their brethren and raise
the quality of prosecutors and investigators.
The five year term of the present Fiscal General expired on August 31, 2005.
This was perceived as a potential blow to Fiscalia training programs. There
was especial concern with our Procedural Code reform project in that, despite
allegations of various types in the press and elsewhere against him, Latorre
was an ally in moving forward goals that the RLA has been trying to accomplish.
Many of his positions and policies were supportive of the U.S.
Prior to the end of Fiscal General term in office, the RLA arranged for
an introduction with the new Fiscal General. At this meeting
several of the fiscales presented their draft bill of the criminal procedure
code in such a way as to allow investigation and prosecution of complex
cases. The Fiscal General listened at first with skepticism, later with
growing interest. The Fiscal General took office the morning of September 1,
and since then the RLA has had fairly numerous contacts with him or his
office.
While working for passage of the two major pieces of legislation related
to terrorist financing, the RLA continues to lay a sound foundation for
professional and modern criminal investigations by assisting the Paraguayans
in their reform of the criminal procedure code, as referred to above. In
August, the RLA began planning for a very significant and effective program
to support criminal procedure code reforms. Following the highly successful
trip in February 2005, the RLA began formulating a second accusatory system
study tour to Puerto Rico. This study tour would be led by the Fiscal General,
and participants would include high ranking ministers, senators, deputies
and judges who would observe, absorb and hopefully better understand the
problems in their existing procedure code, and some solutions to those problems
which could be drawn from the accusatory system. The idea was met with great
enthusiasm and work began with Embassy personnel to plan and implement the
excursion on an October 22-30 timeframe. The RLA also visited Supreme Court
President in September and requested his participation and
the participation of other Ministros and judges in the study tour.
The RLA also proposed that the Fiscal General visit Washington, DC as part
of the study tour in Puerto Rico to allow him to meet with DOJ officials
and learn about the structure and functions of Justice. This visit would
provide an opportunity for DOJ to have influence at the highest level within
the Paraguayan Fiscalia for the next five years, the Fiscal General term
of office. The Washington leg of the trip was scheduled for October 31 through
November 2, 2005.
Current Program Priorities:
The RLA arrived in Paraguay with several objectives on which he has worked
from the beginning. Increased pressure from Washington to show results by
next August, and the imminent departure of Treasury/OTA's Resident Economic
Advisor - with whom the RLA has collaborated on a number of projects - helped
focus efforts on those goals which are most important. An August program
assessment visit by OPDAT helped ordered those priorities as follows:
- Facilitating review/passage of the money laundering
law;
- Facilitating message of Procedure Code Reform;
- Introduction of Counter-terrorism law;
- Training efforts for Justice Penal Sector: Fiscalia,
investigators, magistrates.
Training Calendar:
- Procedure Code Reform: The schedule and deadlines
of the Procedure Code Reform Commission continued to push the procedure
code reform project. To influence the formidable nay-sayers within the
judiciary and the political structure, the RLA is planning a follow-on
to the February trip to Puerto for key judges, members of the Comision
on Code Reform, and the new Fiscal General and Minister Supreme Court.
The second on-site review in Puerto Rico, scheduled for October 2005,
will provide enough time for the group's observations to be reflected
in the Comision's final drafts, due about March 2006, to be tabled before
the Parliament resumes its sessions in 2006.
- Mentoring Training: The RLA continued mentor
training in Ciudad del Este with the Marcas unit and in Asuncion with
Delitos Economicos. The focus of this training planned over the next
year will be to continue refining methods for case investigation and
preparation/presentation in a real-life context.
Peru
There is nothing new this period.
The Caribbean
The Computer Crime and Intellectual Property Section (CCIPS) and OPDAT conducted
the Organization of American States (OAS) Cybercrime Workshop from September
12-15, 2005. The workshop targeted legislators, senior policymakers, and
law enforcement officials from Caribbean countries that were members of
the OAS. The workshop provided technical support in drafting or amending
cybercrime laws. It also focused upon capacity building for law enforcement
involved in the investigation of cybercrime. This workshop was the fourth
(and final) regional cybercrime training being conducted in the Caribbean
and Latin America under the auspices of the OAS Group of Government Experts
on Cybercrime.
The course materials focused upon the following critical elements of effective
cybercrime laws: the enactment of substantive cybercrime laws that appropriate
punish crimes that target information systems and crimes that are facilitated
by information systems; the enactment of procedural laws that enable law
enforcement to reliably obtain and preserve electronic evidence; and the
adoption of procedures that will facilitate international cooperation in
cybercrime investigations. The workshop also provided basic information
on creating a cybercrime unit and equipping a forensic laboratory for analyzing
electronic media and hardware.
The course instructors included U.S. law enforcement agents from the FBI
and the Bureau of Immigration and Customs, members of private industry from
Yahoo and Microsoft, the chief of the cybercrime unit from the Dominican
Republic, and prosecutors from CCIPS.
The participants each received a course book with hard-copies of the presentations
and a CD-ROM with the same materials in electronic format.
Bahamas
There is nothing new this period.
Dominican Republic
Earlier in 2005, OPDAT held a number of conversations with post and the
US Agency for International Development (USAID) Mission in San Salvador, concerning the possibility of collaborating
with AID on helping the government of the Dominican Republic implement a
new accusatory criminal justice system. In May 2005, OPDAT sent the RLA
from Nicaragua to the Dominican Republic to assess the appropriate role
for OPDAT to play which would complement AID's work and further DOJ goals
in the Caribbean. From May 3-5, 2005, the RLA, who had actually worked for
several months in the Dominican Republic a few years earlier, met with various
members of the Dominican Republic judicial sector to assess training needs.
His report recommended working collegially with AID and urged an additional
on-site visit to determine specific needs and plans.
Therefore, in August 2005, OPDAT sent an Assistant U.S. Attorney (AUSA)
for the Southern District of Florida to Santo Domingo to review the status
of the Dominican prosecutors' training and to determine how OPDAT could
most effectively provide assistance. This was accomplished by a series of
meetings with various Dominican Officials which were coordinated by USAID
during August 22-August 26, 2005.
The AUSA met with the General Development Officer of USAID, and the Justice
Program Manager for USAID. These USAID officials also accompanied the AUSA
to most of her meetings with the Dominican officials.
Historically, in the Dominican Republic, after every election all the prosecutors
in the country resign and a new group of prosecutors are appointed based
on their political affiliation. However, the new government is now seeking
to change the situation by creating career prosecutor positions. To that
end, they have created a new prosecutor school and are hiring 75 new prosecutors.1
These new prosecutors are to have no political affiliation and, according
to the Prosecutor School administrator they
are to go through a 6-9 month intensive training at the school. Prosecutors
have traditionally been the weakest link in the judicial system because
of their strong political affiliations and lack of training.
While the AUSA was in the Dominican Republic, she noted that prosecutors
are not familiar with the new criminal code and do not always know what
type of evidence needs to be presented. The AUSA met a former Dominican
prosecutor who is now a defense attorney, and who had participated in an
OPDAT oral advocacy course the AUSA had presented several years ago. The
Dominican prosecutor stated that the prosecutors would benefit greatly from
the OPDAT classes.
The AUSA also met with the director of the Public Ministry School (Prosecutors
School) and her assistants. They are in the process of finalizing their
curriculum to train the current prosecutors who passed an evaluation exam.
In addition, the school will also be training the newly hired prosecutors.
The Dominican government envisions training all 776 experienced prosecutors
in the country on the new code, which primarily encompasses oral trials,
in a two month course, starting with groups of 60 prosecutors. The course
structure is similar to that of a college or graduate school classes and
is expected to be taught by professors. The order of the classes did not
follow the stages of a trial or investigation, but rather were based on
a particular professor's availability. There is a section on investigations,
trial preparation and the actual trial (opening, direct examination, cross
examination, exhibits, etc), for which the OPDAT basic trial advocacy course
would be particularly useful - especially because this would be the only
oral advocacy class the students would be participating in.
In a conversation with the Justice Coordinator with PARME, an organization
similar to USAID and funded by the European Union, the AUSA learned of their
assistance to the Judicial and Prosecutor Schools. They generally bring
in consultants from Spain and other European countries to train the judges
and prosecutors, as well as to prepare their training manuals. In addition,
they are providing funding to the Prosecutors' School to convert one of
the classrooms into a courtroom. PARME pledges its continued support to
educate Dominican judges, prosecutors and public defenders.
The deputy director of the National Judicial School explained that the school
provides training on the "national reform plan" (new code) to judges and
public defenders. They have a well developed training program which was
divided into 12 units. Apparently, during the initial phase, from September
through November 2004, training was provided on the fundamentals of an investigation
as required in the new code for prosecutors, judges, public defenders and
even law-enforcement officers. However, it was later decided that the prosecutors
and law-enforcement officers should not be trained in the Judicial School.
The Judicial School continues to provide advocacy skills training for public
defenders and judges. Nevertheless, the deputy director expressed interest
in whether there was any OPDAT training for judges. Apparently, many judges
have little experience on how to manage a bond hearing let alone a trial.
The AUSA was very impressed with the quality of the training materials available
at the Judicial School.
While visiting a small office (seven prosecutors) outside the capital city,
one of the "pilot" prosecutor's offices working with the new code, the AUSA
asked their Chief Prosecutor in which areas his prosecutors needed training.
He emphasized that they needed to learn how to prepare cases for trial,
present evidence at trial (i.e., chain of custody), and how to ask a witness
questions during a trial. The AUSA and the Chief Prosecutor discussed problems
in general: poor relationship between the police and the prosecutors, lack
of investigative skills (e.g., how to maintain a crime scene), and the lack
of familiarity with the new code by all the parties.
On the last day, the AUSA met the Attorney General who spoke of his plan
for three phases for training prosecutors. The first phase relates to the
new prosecutors. The Attorney General hopes to hire 75-100 new non-partisan
prosecutors between 23-26 years old and put them through intensive six month
training at the prosecutor school. These prosecutors will be the "career"
prosecutors, the new hope for the country. The second phase is to train
the current 750 prosecutors. This is to be done over the next three years,
starting in groups of sixty prosecutors at a time. The first twenty prosecutors
will become the future trainers. The third phase will be conducted simultaneously
with the other two phases. This third phase he referred to as a "triage"
- to provide immediate training for prosecutors in areas that required "emergency"
training (e.g., chain of custody, forensics, etc.). These classes would
be only 2-3 days long. The Attorney General hoped these "triage" type classes
could be taught by either the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA) agents.
In summary, the Dominican prosecutors expressed an interest in OPDAT trial
advocacy courses, particularly as they might be the only trial advocacy
course offered at the Prosecutors' School where the participants, prosecutors
and law enforcement officers would actually have the opportunity to practice
skills they needed for trials or hearings. In addition, especially since
the Dominican prosecutor school is just getting started, they thought it
would be highly beneficial if a few of the key personnel (i.e.,. the director
of the Prosecutors' School and her assistants) were able to visit the National
Advocacy Center and to observe an actual trial advocacy class for prosecutors
in the United States. Prosecutors also need training which emphasizes investigations
and working together with law enforcement officers in order to establish
a better working relationship between the parties. Additionally, a case
management accountability system might also be established. Finally, in
order for a courtroom to run smoothly, it might be beneficial to have additional
training for judges, provided either by other judges (perhaps from the US)
or by actually observing a U.S. courtroom.
Jamaica
There is nothing new this period.
[Top]
|
|
|
