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U.S.
Department of Justice
Criminal Division
Office of Overseas Prosecutorial Development,
Assistance and Training
Strategic
Plan
Fiscal Year 2005 - 2006
"The
dignity and stability of government in all its branches, the
morals of the people, and every blessing of society depend
so much upon an upright and skillful administration of justice
. . . "
John
Adams
Second President of the United States
Thoughts on Government, 1776
TABLE OF CONTENTS
- MISSION
STATEMENT:
The expansion and increasing sophistication of international
crime and terrorism represent a growing threat to important
domestic and international U.S. interests. This threat is
manifested by the orchestrated attacks against the United
States on September 11, 2001; the expansion of violent organized
crime groups from various regions of the world into the
United States; and the perpetuation of criminal activity,
including violent crimes, financed by illegal proceeds laundered
through domestic and international financial institutions.
To respond to the threat posed by international criminals
and terrorists, the United States must extend its first
line of defense beyond U.S. borders. In order to do so effectively,
U.S. law enforcement officials need capable, reliable counterparts
overseas. However, "police and judicial systems in many
developing countries are ill-prepared to combat sophisticated
criminal organizations because they lack adequate resources,
have limited investigative authorities or tools, or are
plagued by corruption. Many countries have outdated or nonexistent
laws to address corruption, money laundering, financial
and high-tech crimes, intellectual property violations,
corrupt business practices, or trafficking in persons. Moreover,
many governments have been slow to recognize and address
the threat posed by criminal activities and increasingly
powerful organized crime groups. Criminals use these shortcomings--and
their tremendous resources to corrupt and intimidate public
officials and business leaders--to find safe havens for
themselves, their illicit operations, and their tainted
money." Without capable and reliable foreign law enforcement
partners, criminals and terrorists will continue to threaten
U.S. interests by conducting their activities from countries
where law enforcement is weak.
To address these shortcomings, one element of the U.S. international
law enforcement strategy is to foster international cooperation
and the rule of law by providing technical assistance and
training to improve the criminal justice systems of foreign
governments, including establishing a legislative framework,
turning their police and prosecutors into more effective
crime fighters, and training judges in the techniques to
fairly and effectively adjudicate complex criminal cases.
Such assistance enhances the ability of foreign governments
to control their own crime problems before they reach our
borders, and establishes a framework for effective international
law enforcement cooperation.
The Office of Overseas Prosecutorial Development, Assistance
and Training (OPDAT) was established to help harness the
Department of Justice's resources to strengthen foreign
criminal justice institutions and enhance the administration
of justice abroad. OPDAT supports the law enforcement objectives
of the United States and the Department's international
law enforcement priorities by preparing foreign counterparts
to cooperate more fully with the United States in combating
transnational crime and terrorism, by improving foreign
judicial assistance to the United States, and by promoting
the rule of law and respect for human rights. Where appropriate,
OPDAT also works closely with the International Criminal
Investigative Training Assistance Program (ICITAP), another
unit within the Criminal Division of the Department of Justice,
which provides assistance to civilian police forces throughout
the world. Currently, OPDAT provides justice sector development
assistance in practically every region of the world. OPDAT
focuses its resources on seven core, substantive crime areas
that are critical to the efforts of the Department and the
Criminal Division to combat international crime: 1) terrorism,
2) organized crime, 3) money laundering and asset forfeiture,
4) corruption, 5) narcotics trafficking, 6) trafficking
in persons, and 7) cybercrime and intellectual property.
These seven core, substantive areas are critical to the
mission and work of the Criminal Division and constitute
major international crime threats affecting U.S. interests.
[ Top ]
OPDAT's OPERATIONAL
STRUCTURE:
Washington Office
OPDAT's headquarters staffs are responsible for the development
and supervision of OPDAT assistance programs.
1. Supervisory
Responsibility
OPDAT has supervisory personnel consisting of a Director
and Deputy Director. The Director ensures that the organization's
mission is consistent with and implements relevant Justice
Department policy. The Deputy Director is responsible for
the delegation and supervision of managerial assignments
to OPDAT program staff and for the implementation of the
OPDAT mission. The Director and Deputy Director are assisted
by a Strategic Planner and five Regional Directors who manage
the day-to-day implementation of the office's criminal justice
sector development programs.
2. International Visitors
Program
To complement its overseas programs, OPDAT also serves as
the Department's liaison between various private and public
agencies which sponsor visits to the United States by foreign
officials interested in a closer examination of the United
States legal system. International visitors with specific
interests are given the opportunity to meet with practitioners
in more specialized components of the Department via OPDAT's
International Visitors Program. In this way, OPDAT builds
long-term justice sector relationships, bilateral and multilateral,
with foreign criminal justice sector experts and helps to
promote their responsiveness to United States requests for
case-specific legal assistance.
[ Top ]
Field Operations
1. Long Term Assistance/Resident Legal Advisors
OPDAT programs overseas are implemented by experienced federal
prosecutors who are stationed in the host country for at
least one year. OPDAT operates on the premise that its long
term programs and Department policy will be enhanced by
the use of government prosecutors, Resident Legal Advisors
(RLA), rather than private attorneys in such a capacity.
OPDAT field operations provide an unparalleled opportunity
to improve law enforcement cooperation through the establishment
of direct ties and professional relationships with our counterparts
and colleagues overseas. Providing opportunities for prosecutors
and judicial personnel from different countries and from
different legal systems engaging in mutually beneficial
legal cooperation is fundamental to the OPDAT mission.
RLAs represent the U.S. Department of Justice in establishing
and maintaining relationships with host country law enforcement
and government officials, including prosecutors, judges,
and parliamentarians. Working closely with the OPDAT/Washington
staff, the RLAs are instrumental in developing and implementing
tailored criminal justice assistance programs in the host
countries. Such programs may involve judicial and prosecutorial
skills development, advice and commentary on criminal justice
legislation, and technical assistance in areas such as prosecution
guidelines, mentoring, security, and case management.
2. Short and Mid Term Assistance/Intermittent
Legal Advisors
OPDAT operates on the premise that its limited resources
are best used by focusing on long term democratic justice
sector institution building. However, when requested by
the host government, assistance for discrete short term
projects, implemented by Intermittent Legal Advisors (ILA),
is initiated although it tends to focus on targeted needs
and short term goals. OPDAT has successfully coordinated
short and mid term assistance programs in such varied areas
as terrorism, corruption, trafficking in humans and in narcotics,
cybercrimes, task force development, ethics and professional
responsibility, and financial institution fraud. These types
of projects generally range from one week to six months
duration.
[ Top ]
INTERNAL AND EXTERNAL
PARTNERSHIPS AND COORDINATION MECHANISMS:
Inside the Department
1. International Criminal Investigative
Assistance Training Program (ICITAP)
OPDAT carries out its mission in close coordination with
the Criminal Division's International Criminal Investigative
Training Assistance Program (ICITAP). Both OPDAT and ICITAP
consider overseas criminal justice training and development
as an integrated whole. Sound criminal laws and procedures
are worth little to emerging democracies without well trained
and professional police forces.
As part of the process of deciding whether to establish
an assistance program in a particular country, OPDAT consults
ICITAP to determine whether an investigator training and
technical assistance program exists in that country. If
an ICITAP program does not exist, OPDAT and ICITAP will
consider the merits of establishing joint in-country programs.
However, the feasibility of establishing an OPDAT program
without ICITAP is also explored. This is often warranted
by limited funding or when the needs of the host country
are rather discrete, for example, legislative assistance
on organized crime laws or ethics training for prosecutors.
Notwithstanding any limitation due to lack of funds, our
goal in all circumstances is to establish programs that
are beneficial to the investigative and prosecutive functions
of a country's criminal justice system.
2. Justice Department Litigating
Divisions and the Executive Office for United States Attorneys
(EOUSA)
OPDAT's mission depends on its ability to identify and utilize
experienced federal prosecutors in its assistance programs
overseas. As previously indicated, DOJ prosecutors serve
as RLAs and on a more short term basis, as ILAs. In addition
to developing tailored skills development programs, RLAs
and ILAs are both used as advisors for specific draft legislation
such as electronic surveillance, bail, or RICO-type laws.
The Criminal Division and the other Divisions in the Department
are primary sources of experienced prosecutors to assist
OPDAT. Federal prosecutors are identified for possible missions
in consultation with the appropriate Departmental component
official.
With supervisory responsibility over nearly 4,000 Assistant
United States Attorneys (AUSA), EOUSA's support for OPDAT
programs is essential. OPDAT works closely with EOUSA to
identify and obtain the best qualified AUSAs for participation
in OPDAT programs.
3. FBI and other U.S.
Law Enforcement Components
In addition to the prosecutorial and judicial assistance
provided by OPDAT, U.S. law enforcement agencies also establish
and maintain training and assistance programs for law enforcement
personnel overseas. When requested by other federal law
enforcement agencies, OPDAT assists them in their efforts
by sharing its expertise and resources for their programs.
To this end, OPDAT RLAs or other federal prosecutors are
made available, as feasible, to participate in these U.S.
law enforcement training efforts.
Similarly, OPDAT often calls upon U.S. law enforcement agencies
to participate in OPDAT assistance programs. In that regard,
OPDAT establishes liaison contacts with the relevant agencies
to coordinate these efforts. The goal is to establish a
mutually beneficial and supportive working relationship
with these agencies.
4. Coordination
of International Technical Assistance and Training at Departmental
Level
The Criminal Division participates in a number of international
forums aimed at developing common norms to fight international
crimes, promoting compliance with those norms, and encouraging
collaboration on law enforcement matters. Sections and Offices
in the Criminal Division participate in the G-8's Senior
Expert Group on Transnational Organized Crime, the UN Crime
Commission, the UN Drug Control Program, the Inter-American
Drug Control Commission (CICAD), the Financial Action Task
Force (FATF), and the Caribbean Financial Action Task Force
(CFATF) just to name a few. In addition to OPDAT and ICITAP,
other Sections and Offices within the Division provide technical
assistance and training overseas. The Asset Forfeiture and
Money Laundering Section and the Office of International
Affairs are often called to train overseas counterparts
in their areas of expertise. Other components of the Department
are also engaged in providing technical assistance and training
overseas. Among them, the FBI and the Drug Enforcement Agency
(DEA) are the most active. With such widespread engagement
on the part of the Department in overseas technical assistance
and training, OPDAT endeavors to encourage the development
of an effective mechanism to assure that the resources of
the Department are properly focused on achieving departmental
objectives.
[ Top ]
Outside the Department
1. Department of State
International crime has become a major area of concern in
U.S. foreign and national security policy. As a result,
the development of effective foreign law enforcement partners
and effective justice sectors around the world is a particular
priority to U.S. foreign policy. The Department of State,
therefore, has a strong interest in the development of criminal
justice assistance programs. The State Department's Bureau
for International Narcotics and Law Enforcement Affairs
(INL) has a major responsibility for developing and implementing
the State Department's policy in this area.
OPDAT is funded primarily by INL and thus coordinates its
activities closely with INL and other Department of State
bureaus to ensure consistency between U.S. law enforcement
interests and U.S. foreign policy. This coordination includes
discussion of the Justice Department's law enforcement interests
as State Department funded criminal justice assistance programs
are being considered. OPDAT proposes programs in areas of
particular interest to the Justice Department, and responds
to State Department requests for justice sector assistance
programs.
2. U.S. Agency for International
Development
Establishing sustainable democracies around the world is
also a major focus of U.S. foreign policy. The Agency for
International Development (USAID) has the mandate for the
development of international programs to build lasting democracies
around the world. A key component of this effort is assistance
with the establishment of legal systems based on the rule
of law as a means of strengthening democracy. Central to
functional legal systems is the efficiency and equity of
the judicial process. As part of the Department's responsibility
in furthering U.S. law enforcement interests, OPDAT is also
funded by and works closely with USAID in developing justice
sector assistance programs.
3. Other Government Components
Recognizing the importance of integrated and well-coordinated
justice sector assistance programs, OPDAT has developed
relationships with the appropriate components of the Departments
of Treasury and Homeland Security, and The International
Judicial Relations Committee of the Judicial Conference
of the United States, in order to foster interagency coordination
and collaboration in developing and implementing criminal
justice assistance abroad.
4. Non-governmental
Organizations and Private Sector
Where appropriate, OPDAT interacts with private sector and
non-governmental organizations (NGOs). These groups include
organizations such as the American Bar Association's - Central
European and Eurasian Law Initiative (ABA-CEELI), American
University's Transnational Crime and Corruption Center (TraCCC),
Shared Hope International, and The National Center for State
Courts, to name a few.
- STRATEGIES
TO ACCOMPLISH MISSION:
OPDAT establishes judicial and prosecutorial assistance
programs that are appropriate for particular countries.
The appropriateness of a program for a particular country
is determined through consultation with host country officials,
the State Department and USAID, other Justice Department
officials, and those familiar with the country's criminal
justice infrastructures. Based upon this determination OPDAT
prepares a project implementation plan that describes the
nature, goals, duration, and cost of the proposed project.
[ Top ]
Available Developmental and Technical
Assistance
1. Legislative Reform Advice
At the request of a host government, OPDAT provides advice
and commentary on proposed criminal justice legislation.
This assistance may be provided directly by a Resident Legal
Advisor or though other qualified legal specialists in the
Department. Such advice may involve code reform or more
specialized legislative proposals, such as money laundering
and bankruptcy fraud statutes or electronic surveillance
and undercover operations. Commentary on proposed legislation
that is provided under an OPDAT program will be reviewed
by the appropriate Justice Department headquarters component
prior to submission to the host government to ensure that
the commentary is consistent with U.S. government and Department
policy.
2. Model Prosecutors' Offices
One highly effective method of providing institutional assistance
is to aid the host government in reorganizing and improving
the procedures utilized by a prosecutor's office. Such assistance
might range from ministerial matters such as case management
to advice on more sophisticated investigation and prosecution
techniques. An important goal in this effort is to take
steps toward implementing uniform standards for prosecutors
in evaluating evidence, handling witnesses, and deciding
whether or not to decline prosecution. Standardization of
office administration is also an important objective.
The theory behind this type of assistance is that progress
is more likely to occur initially in increments. Once reform
takes hold in one office in one locality, efforts can be
made to transfer those successful techniques to other offices
throughout the country.
3. Training Programs for Prosecutors
and Judges
In host countries where RLAs are stationed, the RLAs are
responsible, along with OPDAT/Washington, for the organization
and presentation of practical training programs for prosecutors,
judicial personnel, and, as appropriate, investigators.
The goals and objectives of training may vary, but the focus
will usually involve the development of an effective, yet
fair prosecutorial and investigative capability. Training
programs are generally presented by federal prosecutors
with experience and expertise in the subject matter; they
always involve host country personnel as organizers and
presenters and emphasize a "train the trainers" approach.
As a general rule, short term training programs without
attention to more fundamental deficiencies do not produce
lasting benefit. Factors such as personnel turnover, inadequate
judicial infrastructure, and insufficient host country willingness
to implement the content of the training reduce the long
term impact of training. OPDAT understands that training
programs without attention to democratic justice sector
institution building may well be a waste of effort and resources.
4. Administrative Assistance
OPDAT stands ready to assist Ministries of Justice and Attorneys
General offices in their efforts to improve the quality
and consistency of prosecutors and judges as they administer
justice. Available assistance ranges from advice on how
to restructure an entire Ministry, to how to institute a
system of case management and control. Of particular interest
to many emerging democracies is the establishment of an
office to monitor and review the ethical conduct and integrity
of their prosecutors and judges. One method of disseminating
information on fundamental criminal law and procedure as
well as essential administrative data is through the use
of prosecutors' manuals and other guidance materials. OPDAT
's assistance in this area is contingent upon substantial
host country support and participation.
5. Mentoring Programs for Prosecutors
and Judges
Dialogue and discussions between U.S. Resident Legal Advisors
and host country prosecutors and judges on strategies to
employ in particular criminal matters is an effective training
technique. The goal in this method of instruction is to
assist prosecution and judicial personnel to understand
the range of investigative and prosecution techniques that
are available to address particular crimes. It is imperative,
however, for U.S. representatives to avoid making direct
decisions on actual cases or even to give the appearance
of interfering in the internal affairs of the host country.
At its best, such mentoring takes the form of illustrative
examples to ensure that the prosecutor or judge is aware
of the best practices that have been developed by others
before the decision is made.
[ Top ]
Criteria for OPDAT Project
Involvement
Likely candidates for OPDAT-sponsored administration of
justice assistance are emerging democracies where the United
States and the Department have good access, good leverage,
and where there is a strong likelihood that efforts at democratic
justice sector institution building will have lasting and
favorable impact. OPDAT must be involved in a meaningful
fashion with the State Department and USAID early in the
process concerning fundamental decisions about potential
recipient countries and the scope of programs. A decision
to commit Justice/OPDAT resources in a particular country
or region should take into account the following factors.
1. Law Enforcement Interests
of the Department
OPDAT must be prepared to articulate the reasons why it
is in the interest of the Department to undertake a criminal
justice assistance project in a particular country. To this
end, OPDAT will explore and articulate Department of Justice
policy to the extent it impacts on a potential OPDAT mission
in a particular country or region. OPDAT will survey relevant
Department components (e.g. Office of International Affairs,
Fraud Section, Narcotic and Dangerous Drug Section, Organized
Crime and Racketeering Section, Asset Forfeiture and Money
Laundering Section, and the Counterterrorism Section) to
identify particular foreign criminal justice systems that
may or may not be desirable candidates for OPDAT assistance.
The Department's interests are primary in this process and
must be given due consideration and weight when OPDAT involvement
is being contemplated.
2. Prospect of Successful
Long Term Impact
Depending on the nature and duration of the mission, there
should be a realistic expectation of lasting and fundamental
criminal justice reform. As a general proposition, the scope
of any proposed program should match the needs and expectations
of the host country, and be designed in a manner consistent
with the laws and procedures of that country. For example,
if a program consists of a short term training for prosecutors
that concentrates exclusively on the investigation and prosecution
of organized crime, it is unrealistic to expect substantial
improvement in the level of corruption within the procuracy.
Moreover, such a program should be tailored to best utilize
the investigative and prosecution tools that are available
to attack organized crime.
In the absence of clearly articulated goals that include
sustainable democratic justice sector institution building,
OPDAT should be reluctant to commit substantial resources.
However, where available information and intelligence indicate
that a potential recipient country is politically and socially
prepared to undertake a substantial reform effort over a
period of time, an extended OPDAT program is more feasible.
3. Adequate Funding
Periodically, a fixed level of funding for an administration
of justice program in a country or region becomes available
to the State Department or USAID. Those agencies then request
that OPDAT, and others develop programs within the limitations
of the available funding. In our view, the law enforcement
interests of the Justice Department are better served where
OPDAT, rather than a private entity or non-governmental
organization, participates in the earliest stages of administration
of law programs. It is essential that, before agreeing to
enter any assistance venture, OPDAT and the Justice Department
be satisfied that sufficient funding is available in order
to attain articulated programmatic goals.
4. Host Government
Support
In addition to sufficient Justice Department interest, prospects
of positive long term success, and adequate funding, the
support and cooperation of the host country is essential.
This is best achieved though consultation with State Department
personnel and direct contact with host country officials.
These officials should understand the nature and extent
of the proposed OPDAT program. Their concrete assurances
of support and "buy-in" are a condition precedent to OPDAT
participation at any level of assistance.
[ Top ]
INTERNATIONAL JUSTICE SECTOR
DEVELOPMENT GOALS:
OPDAT advances the law enforcement interests of the Department
and the Criminal Division by providing justice-sector development
assistance in the seven core substantive areas listed above.
Specifically, over the course of the next several years,
significant resources will be devoted to accomplishing the
following critical goals:
GOAL
1: Develop the capacity of partner nations to
combat terrorism and terrorist financing.
GOAL 2: Assist partner countries
to control their domestic violent crime problems, including
organized crime, before they are exported to the United
States.
GOAL 3: Assist countries with
inadequate laws to address trafficking in persons, especially
women and children.
GOAL 4: Provide development
assistance to countries seeking to improve the effectiveness
of their justice sector in a manner consistent with the
rule of law.
GOAL 1: Develop the capacity of
partner nations to combat terrorism and terrorist financing.
Assistance to partners around the world, designed to enhance
their ability to prevent, investigate and prosecute terrorist
activity constitutes a critical component of the Department's
plan for achieving its strategic goal of protecting America
against the threat of terrorism. OPDAT stands at the forefront
of the Department's efforts to implement this component
of its anti-terrorist strategy. Its programs focus on legislative
drafting, implementation of new laws and regulations, institution
building and training.
In response to the 1998 terrorist attacks on United States
embassies, OPDAT developed a program to assist overseas
partners in identifying and attacking the financial underpinnings
of terrorism. The program's first session for Philippine
officials took place in 2001, and resulted in a significantly
strengthened Philippine anti-money laundering law, enhancing
the country's ability to detect and disrupt terrorist financing.
Since the attacks of September 11, OPDAT offered another
session on the financial underpinnings of terrorism to additional
Philippine officials, provided direct bi-lateral assistance
to Azerbaijan on counter-terrorism legislation, in collaboration
with ICITAP brought together high-level policy makers from
11 Asian countries to develop a regional anti-terrorism
strategy, and participated in a Department of State counter
terrorism assessment in Pakistan. Cooperation between these
countries and the United States should continue to yield
major dividends as our partners fortify their ability to
counter the terrorist threats festering within their borders.
In 2002, OPDAT offered the program on the financial underpinnings
of terrorism to officials from Turkey and Qatar, provided
counter-terrorist legislative drafting seminars for several
countries in Central Asia, the Tri-border area of South
America, and other priority regions, and conducted a workshop
on the connection between organized crime and terrorism
for 11 Southeastern European countries. Bilateral technical
assistance follows many of these programs. For the foreseeable
future, OPDAT will remain at the forefront of the Department's
efforts to implement its counterterrorism strategic goal
on a world-wide level, helping our partners develop more
effective tools to fight terrorism and enhancing the cooperation
that links our countries in this fight.
Recently, the Criminal Division, through OPDAT, received
from the Department of State approximately $6.5 million
of the $10 million appropriated by Congress to fight terrorist
financing. This funding is slated for programs to combat
global terrorism in front-line countries known to harbor
or finance Al Qaeda operatives. OPDAT's programs, which
draw on the expertise of several sections in the Division,
include legislative drafting assistance to criminalize terrorist
financing, and training for prosecutors and judges on combating
money laundering and other complex financial crimes. OPDAT
will also use a portion of the $6.5 million to provide regional
assistance programs to combat terrorists' misuse of charitable
and non-profit organizations. To ensure sustainability,
bilateral programs focused on legislative drafting and implementation
will follow the regional charities regulation programs.
[ Top ]
GOAL 2: Assist partner countries
to control their domestic violent crime problems, including
organized crime, before they are exported to the United
States.
At the heart of the Justice Department's mission is its
responsibility to fairly and aggressively enforce federal
criminal laws. In order to achieve that objective, the Attorney
General has articulated strategies that include reduction
of violent crime, dismantling organized crime groups, and
increased cooperation with foreign law enforcement components.
(U.S. Department of Justice, Fiscal Years 2003-2008, Strategic
Plan, Goal II, p.2.23 et seq.) As we know, transnational
criminal activity poses a substantial threat to domestic
security in the United States. The international dimensions
of organized crime, which often involve terrorist activities,
corruption, trafficking in humans and drugs, financial frauds,
and the use of extensive violence, undermine the viability
of democratic institutions throughout the world. This in
turn reduces regional stability and international cooperation,
elements which are essential to United States security interests
in this era of international criminal and terrorist activity.
OPDAT plays a crucial role in the implementation of the
Justice Department strategy. The expansion of transnational
crime is often accomplished through well organized, sophisticated
criminal enterprises. OPDAT is at the forefront of the Department's
effort to engage with its justice sector counterparts overseas
to address the problem. OPDAT seeks to share with the Department's
foreign counterparts U.S. prosecutorial and judicial expertise,
resources, and experience in the common fight to disrupt
and dismantle complex organized crime structures.
OPDAT's organized crime assistance programs are developed
in partnership with the host country and the U.S. Embassy.
Such programs are customized to address the needs of the
host country and the surrounding region. They are designed
to have an enduring, positive impact on the ability of the
host country to combat organized crime through such institution
building measures as legislative reform, the development
of effective investigative tools (e.g., undercover operations
and electronic surveillance), internal integrity programs,
and task force techniques emphasizing prosecutor-police
teamwork.
OPDAT provides this assistance through: 1) integration of
anti-organized crime activities into an OPDAT Resident Legal
Advisor (RLA) program; 2) use of specialized experts to
advise host country officials on organized crime matters
(Intermittent Legal Advisors work on specific issues for
periods of three to six months); and 3) programs and conferences
designed to address specific organized crime issues.
[ Top ]
GOAL 3: Assist countries with inadequate
laws to address trafficking in persons, especially women
and children.
Trafficking in persons is defined as the use of force, coercion,
and/or deception to transfer individuals into situations
of extreme exploitation and, most often, violence. Although
loudly denounced by the international community as an egregious
and profound human rights abuse, a kind of modern-day slavery,
and a disturbing form of violence against women, millions
of young women and girls are lured, abducted, or sold into
forced labor, forced prostitution or other forms of sexual
servitude every year.
Further, the trafficking industry is affiliated with many
other criminal activities, including money laundering, extortion,
racketeering, bribery of public officials, drug use, and
illegal gambling. The corruption commonly associated with
the trafficking industry in many countries serves to undermine
law enforcement and the rule of law. A particularly dangerous
global trend is the increased involvement of organized crime
with this trade in human beings. Even in countries where
criminal groups are not directly responsible for trafficking,
they often provide security, protection, or fronts for operations.
Another trend, prevalent notably in the United States, is
supplying trafficked women with fraudulent state identification
and social security cards.
Despite mounting attention to this problem on a political
level, few countries have taken adequate measures to protect
individuals from such crimes, to investigate and prosecute
traffickers, and to provide effective remedies for victims.
In the most common source, transit, and destination countries-those
located in Eurasia, Central and Eastern Europe, and Asia-current
legal frameworks, investigative and prosecutorial tools,
and services provided for victims are inadequate to deal
effectively with this complex transnational problem. Coordination,
at both the national and international level, has been the
exception rather than the rule.
Recognizing the importance of strengthening the global response
to trafficking, OPDAT has developed a comprehensive assistance
program that focuses on identifying, investigating, prosecuting,
and preventing trafficking in persons, especially women
and children. In particular, OPDAT offers assistance to
host countries in building their legislative and regulatory
infrastructures to address trafficking in persons. OPDAT's
technical assistance programs have 1) enhanced host countries'
capacity to investigate and prosecute traffickers; 2) devised
multi-functional and multi-jurisdictional team-building
approaches to investigating and prosecuting trafficking
offenses that involve victim assistance NGO's; and 3) sustained
results achieved by developing permanent structures for
systemic capacity building in trafficking investigations
and prosecutions, administered by host country justice officials.
[ Top ]
GOAL 4: Provide development assistance
to countries seeking to improve the effectiveness of their
justice sector in a manner consistent with the rule of law.
Strong justice sector institutions are critical to the development
of an effective criminal justice system. Without such development, the
impact of technical assistance upon justice sector officials and their
ability to implement such assistance is greatly diminished. The Department
of State has acknowledged that in some countries an institutional base
for building adequate judicial institutions (including police) does
not exist. Progress in failed states, countries in transition, or other
crisis-ridden countries often depends on developing basic institutions
and fostering any other fundamental norms.
In countries where the need exists, OPDAT will provide assistance
in the development of basic justice sector institutions.
The OPDAT institutional development project will assist
the host country in developing and strengthening its criminal
justice infrastructure, i.e., its codes, laws, rules and
regulations addressing criminal law and procedure, and the
organizational structure of key criminal justice institutions.
It will provide skills development training to enhance the
knowledge and focus of justice sector officials, and endeavor
to build a permanent structure within the host country to
sustain enhanced skills development levels. It will also
encourage coordination between justice sector actors, particularly
prosecutors and police.
OPDAT will draw upon a wide range of experts and expertise
from the Department of Justice, United States Attorneys'
Offices, federal law enforcement agencies and, where appropriate,
the Federal judiciary, as well as ICITAP. OPDAT will also
utilize state and local prosecutors, judges and law enforcement
entities.
[ Top ]
MEASURES OF PERFORMANCE:
Program Plans and
Performance Indicators
OPDAT programs are described in Program Proposals and Work
Plans submitted to funders. These proposals and plans identify
the goals and objectives to be achieved, the activities
to accomplish the mission, and the performance indicators
by which program success will be measured. Several factors
are taken into account in developing the performance indicators.
1. Structural Reform
Whether the host country recipient of OPDAT rule of law
assistance has in place a criminal justice system that includes
accountability, oversight, and command control. In such
a system the official conduct of prosecutors and judges
is scrutinized and measured against accepted standards of
conduct. As appropriate, such officials are subject to disciplinary
action.
2. Host Government Commitment
Whether the host government leaders, professionals, and
organizations have reached the point where they are substantially
committed to institutionalizing a criminal justice system
that is efficient and that safeguards liberty and human
rights.
3. Positive Impact on Operational
Interests of the Justice Department
Whether Justice Department components are more successful
in their efforts to obtain information, evidence, witnesses,
and defendants from the host country. Any reduction in transnational
criminal conduct in the host country that reduces the impact
on the United States is also significant.
4. Decrease in Reported
Human Rights Violations
Whether the nature and quantity of reported human rights
abuses have been reduced. As an example, one measurement
might be whether there has been a reduction in the average
length of time arrestees spend in pretrial detention.
5. Quantitative and Qualitative
Improvements in the Administration of Justice
Whether there is a substantial increase in the number of
criminal cases processed from arrest to declination or incarceration,
and the quality of investigations resulting in successful
prosecutions.
6. Judicial Independence
Whether the host country's judiciary functions relatively
free from political influence, corruption, and unreasonable
administrative burdens.
7. Integration and Balance
Whether the criminal justice system functions with some
degree of symmetry. Ideally each component of the system,
from police and investigators through prosecutors and the
judiciary, plays an important role. There should be minimal
duplication of function.
8. Tools for Criminal Justice
Reform
Whether the host country has at its disposal the tools to
continue the process of criminal justice reform. Penal codes,
codes of procedure and investigative techniques that are
efficient and consistent with democratic principles should
be in place and available.
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RESOURCE AND MANAGEMENT
CHALLENGES:
Impediments to Accomplishment
of Mission
1. Host Country Commitment
to Reform
The political will to develop an efficient and fair criminal
justice system is a sine qua non to any long term OPDAT
program. Absent such commitment, OPDAT programs are likely
to be effective only marginally, if at all. The investment
of substantial resources in a judicial system that has no
intention of eliminating corruption or human rights abuses
is illogical. Accordingly, the host country's willingness
to provide political and, where feasible, economic support
should be evaluated 1) before OPDAT initiates a project,
2) periodically during the implementation of a project,
and 3) toward the end of a project to ensure proper resource
utilization.
2. Inadvertent Support of
Abusive Procedures
If during the course of an OPDAT assistance program, it
becomes apparent that organizations, personnel, or entities
within the host country are engaging in violations of human
rights and/or international law, the continuation of the
OPDAT program should be reviewed. The program should be
reviewed for the purpose of determining whether to terminate
the program or to continue the program after the host country
has been notified through appropriate channels that such
abuses, if intentional, will not be tolerated. There is
a risk of taint to OPDAT and the Justice Department in situations
where U.S. funded programs are perceived as supporting abusive
conduct on the part of foreign law enforcement and judicial
officials.
3. Unrealistic Goals and
Objectives
It is essential that OPDAT programs properly match available
resources with the criminal justice assistance needs of
the host country. Care should be taken in crafting any proposed
OPDAT program to ensure that adequate funding is available
and that the needs of the host country are realistic and
achievable within the scope of the OPDAT mission.
4. Safety and Security of DOJ
Personnel
The safety and security of Justice Department personnel
are paramount to any other concern. To the extent the implementation
an OPDAT program requires Justice Department sponsored personnel
to be placed in substantial jeopardy, safety considerations
shall prevail.
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