First global Counter Terrorism Prosecutors Network launched

BMUSONI — Fri, 25 Sep 2015 18:11:00 +0000

The Counter Terrorism Prosecutors Network was launched in Zurich, Switzerland.

In a first for prosecutors worldwide, a Counter Terrorism Prosecutors Network (CTPN) was launched on 14 September 2015. Terrorism is a global problem that requires a globalized response, including through cooperation between States and their criminal justice agencies.

“CTPN will help combat terrorism by providing avenues for collaboration between States in the prosecution of terrorism cases,” said André Vandoren, CTPN board member and Deputy Prosecutor General of Belgium.

A virtual network of prosecutors working on terrorism cases, CTPN provides a valuable forum in which prosecutors from around the world can exchange experiences and identify common challenges and how to address them.

“Eurojust is committed to providing the support to CTPN necessary for the network to share best practices in dealing with the effective prosecution of terrorism cases,” said Michèle Coninsx, CTPN board member and President of Eurojust.

The network was launched at the 20th Annual Conference and General Meeting of the International Association of Prosecutors (IAP) in Zurich, Switzerland. It has been established under the auspices of the IAP in partnership with the United Nations Counter-Terrorism Committee Executive Directorate (CTED) and the Institute for Security Studies (ISS).

CTPN provides IAP members with direct access to a number of useful tools:

A contacts database of fellow terrorism prosecutors from around the world;
A discussion board and individual database accessible through a secure online platform for the exchange of queries and advice;
A database of counter-terrorism training courses and presentations;
A resource-base and collection of counter-terrorism material; and
Opportunities for exchange of tools to counter and detect terrorism.

The network is an ideal vehicle to explore new ways to manage the increasing complexity of counter-terrorism prosecutions. Good practices identified by CTED in its assessment missions will be shared through the network. It will serve as a conduit for delivering technical assistance and capacity building for investigators, prosecutors, and judicial authorities at the national level. CTPN will also promote the implementation of United Nations Security Council resolutions 1373 (2001), 1624 (2005), and 2178 (2014).

CTPN is managed by a Board of renowned experienced terrorism prosecutors and practitioners from different countries, and international and regional organizations, including the Office of the Deputy Prosecutor General, Belgium; CTED; Eurojust; IAP; ISS; and the Office of Public Prosecutions, South Africa.

For additional information, please follow the links below:

For additional information, please follow the links below:
The Institute for Security Studies www.issafrica.org
The International Association of Prosecutors www.iap-association.org

Front Page Article:

Security Council receives report on challenges-and solutions-in prosecuting foreign terrorist fighters Counter-Terrorism Committe

BMUSONI — Mon, 16 Mar 2015 16:03:00 +0000

In adopting resolution 2178 (2014) on 24 September 2014, the Security Council delivered a clear message: Member States and the international community must take active measures to address the threat posed by foreign terrorist fighters (FTFs). According to this resolution, “all States shall ensure that their domestic laws and regulations establish serious criminal offences sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offense.” In the practical implementation of these measures, however, prosecutors from around the world are facing significant challenges. As terrorism is a unique and evolving crime, cases related to this type of offence pose questions about the collection of admissible evidence and successful prosecution. In an effort to share these experiences – and identify possible remedies to these challenges – the Security Council Counter-Terrorism Committee Executive Directorate (CTED) gathered prosecutors from various regions and legal systems in Valletta, Malta, 15-17 December 2014. A report just adopted by the Security Council (S/2015/123) summarizes the discussions and broad conclusions of these deliberations.

The report notes that although the phenomenon of foreign terrorist fighters is not new, it is unprecedented in terms of numbers, timeline, and impact, as well as closely related to the recently increasing incidence of terrorists acting alone or in small cells. Whereas some Member States have specific terrorism-related legislation in place to prosecute a broad range of terrorist acts, many countries rely on other offences, including legislation pertaining to fighting organized crime, or criminal code provisions prohibiting the change of the constitutional system by non-democratic means. Other types of legislation employed relate to immigration law offences to prevent individuals from travelling, provisions on threats to national security, or financial crimes committed prior to departure.

Relying on existing legislation can present its own set of challenges, however; courts can be unwilling to accept such innovative interpretation by the prosecution, or provisions used include different acts and intentions as basis for conviction and require different elements of proof. It can therefore complicate international legal cooperation, raising issues related to dual criminality or because the violation falls under exclusion clauses in extradition treaties, such as political offences.

Another topic that generated much discussion among prosecutors, according to the report, was how to obtain admissible evidence. This challenge can be related to the conversion of intelligence into evidence, the question of generating or capturing evidence from social media sources, or of how to prove the intent of committing an act of terrorism, for example. Other complicating factors include the claim by many individuals that the purpose of their travel is to provide humanitarian aid in destination countries, the diffuse structure of terrorist networks, which often makes the link between the individual planning to travel and the organisation tenuous, and the fact that many accused are youth without any criminal association, raising the question of rehabilitation, reintegration, and the impact of prosecutions.

In the concluding observations of the report, it is highlighted that lacking specific terrorism-related laws it is possible to apply existing legislation, with the prosecution mobilising various forms of cooperation and stressing the need to be practical. Underscoring the essential role of respect for the rule of law in effective counter-terrorism measures, including human rights, prosecutors concluded that the way their cases are conducted should never play into terrorists’ propaganda.

Front Page Article:

Security Council - Counter-Terrorism Committee (CTC) - prosecutor

First global Counter Terrorism Prosecutors Network launched

Security Council receives report on challenges-and solutions-in prosecuting foreign terrorist fighters Counter-Terrorism Committe