COMPARATIVE POLICE SYSTEM

Comparative Police System is the science and art of investigating and comparing the
police system of nations. It covers the study of police organizations, trainings and methods of
policing of various nations.

While Comparative Criminal Justice is a subfield of the study of criminal justice that
compares justice systems worldwide. Such study can take a descriptive, historical, or political
approach. It studies the similarities and differences in structure, goals, punishment and
emphasis on rights as well as the history and political structure of different systems.

Furthermore, International Criminal Justice is the study and description of one country’s
law, criminal procedure, or justice process (Erika Fairchild). Comparative criminal justice system
attempts to build on the knowledge of criminal justice in one country by investigating and
evaluating, in terms of another country, culture or institution.

Why compare systems and issues in criminal justice?

According to Harry Damner there are many reasons we need to compare but the basic
reasons are:
 To benefit from the experience of others
 To broaden our understanding of the different cultures and approaches to problems.
 To help us deal with the many transnational crime problems that plague our world today.

Comparative Research Methods

A. “Safari” Method (a researcher visits another country) or “collaborative” method (the
researcher communicates with a foreign researcher)
B. Published works tend to fall into three categories:
a. Single-culture studies - the crime problem of a single foreign country is
discussed
b. Two-culture studies – comprehensive textbooks (it covers three or more
countries). The examination of crime and its control in the comparative context
often requires a historical perspective since the phenomena under study are
seen as having developed under unique social, economic, and political
structures.
C. Historical- comparative method – the most often employed by researchers. It is basically
an alternative to both quantitative and qualitative research methods that is sometimes
called historiography or holism.

Theories of Comparative Criminology

1. Alertness to crime theory – as a nation develops people’s alertness to crime is

heightened, so they report more crime to police and also demand the police become
more effective at solving crime problems.
2. Economic or Migration Theory – crime is everywhere is the result of unrestrained
migration and overpopulation in urban areas such as ghettos and slums.
 3. Opportunity Theory – along with higher standards of living, victims become more
careless of their belongings, and opportunities for committing crime multiply.
4. Demographic Theory – is based on the event of when a greater number of children
are being born, because as these baby booms grow up, delinquent subcultures
develop out of the adolescent identity crisis.
5. Deprivation Theory – holds that progress comes along with rising expectations, and
people at the bottom develop unrealistic expectations, and people at the top don’t
see themselves rising fast enough.
6. Modernization Theory – sees the problem as society becoming too complex.
7. Theory of Anomie and Synomie (the latter being a term referring to social cohesion
on values), suggests that progressive lifestyle and norms result in the disintegration
of older norms that once held people together.

Globalization

Globalization is a process of interaction and integration among the people, companies

and governments of different nations. A process driven by international trade and investment
and aided by information technology. This process has effects on the environment, on culture,
on political systems, on economic development and prosperity, and on human physical well-
being in societies around the world.

In law enforcement parlance, globalization is the process of interaction and integration

among police officers, and law enforcement organizations of different nations aided by
information technology purposely for combating crimes and attainment of a more peaceful local
and international world.

Nowadays, there are few places a person can’t get to within a day of travel, and few
people a person can’t reach via telephone or internet. Because of modern modes of travel and
communication, citizens of a nation are more conscious of the world at large and may be
influenced by other cultures in a variety of ways. Time and space matter less, and even
language barriers are being overcome as people all over the world communicate through trade
and social internet forums, various media sources, and a variety of other ways.

Charles Taze Russell - who coined the term 'corporate giants' in 1897 early description for
globalization

Saskia Sassen - writes that "a good part of globalization consists of an enormous variety of
micro-processes that begin to denationalize what had been constructed as national — whether
policies, capital, political subjectivities, urban spaces, temporal frames, or any other of a variety
of dynamics and domains.

Tom G. Palmer - defines globalization as "the diminution or elimination of state-enforced

restrictions on exchanges across borders and the increasingly integrated and complex global
system of production and exchange that has emerged as a result.
Thomas L. Friedman - argues that globalized trade, outsourcing, supply-chaining, and political
forces have changed the world permanently, for both better and worse.

Takis Fotopoulos - argues that globalization is the result of systemic trends manifesting the
market economy’s grow-or-die dynamic, following the rapid expansion of transnational
corporations.

People who are in favor of globalization are often called globalist, and people who are
against globalization are often called anti-globalist.

Measuring globalization

Four main economic flows that characterize globalization:

 Goods and services, e.g., exports plus imports as a proportion of national income or per
capita of population
 Labor/people, e.g., net migration rates; inward or outward migration flows, weighted by
population
 Capital, e.g., inward or outward direct investment as a proportion of national income or
per head of population
 Technology, e.g., international research & development flows; proportion of populations
(and rates of change thereof) using particular inventions (especially 'factor-neutral'
technological advances such as the telephone, motorcar, broadband).

Negative Effects of Globalization

 It hinders the efforts of poor countries to work their way out of poverty.
 With globalization, countries are forced to conform to the dictates of competition that
force them to lower social standards in order to be competitive.
 They are oppressed instead by competition.
 Other negative effects of globalization are job insecurity.

Positive Effects of Globalization

 It reduce poverty and raise the standard of living, globalization spreads democracy.
 Globalization also introduces new technology into developing countries
 It makes the world a better place because economic and social indicators like poverty
rates, infant mortality and education reflect that many people are better off than they
were before globalization, even though they are still very poor.

Globalization as Internationalization

- is planning and implementing products and services so that they can easily be
localized for specific languages and cultures.
 - This process requires a combination of both international and technical expertise, and
generally involves both deploying new systems and reengineering existing ones. Once the
internationalized platform is in place, rollouts in new countries or cultures should be significantly
more cost efficient, timely and market effective.

Internationalization may include:

 Creating illustrations for documents in which the text can easily be changed to another
language and allowing expansion room for this purpose
 Allowing space in user interfaces (for example, hardware labels, help pages, and online
menus) for translation into languages that require more space
 Creating print or web site graphic images so that their text labels can be translated
inexpensively
 Leaving enough space in a brochure to drop in different length languages
 Separating the language elements from the graphic elements, or abstracting content
from markup in a web application and software
 Using written examples that have global meaning
 Insuring that the tools and product can support international character sets
 For software, ensuring data space so that messages can be translated from languages
with single-byte character codes (such as English) into languages requiring multiple-byte
character codes (such as Japanese Kanji).

Globalization towards Liberation

Full liberation is the dream of everyone in the world. To achieve liberation in all respects
man dreams, imagines, thinks, plans, works and dies in the world. After the World War II many
nations got liberation from British Imperialism. Four decades after World War II also nations got
liberation from Imperialism, Nazism, communism and Socialism. Yet some nations are still
under the control of monarchical rules, dictatorship regimes and military rules waiting for
liberation under some kind of support, which is gathering strength everywhere.

Since 1990 onwards, globalization has the world door wide open for the developing
nations like India, China and others to transform past losses into profits through new
developments in the field of knowledge based computer and information technologies as well as
biotechnology. Privatization, liberalization and globalization of economy of these nations have
created opportunities for the people to try their level best through knowledge. Among these
nations, India has got a wonderful chance in biotechnology and information technology to come
up top most in the near future because of their English knowledge, sincerity and hard work.

In the South Asian Association meetings of various nations’ revival of the past cultural
ties were being discussed and the possibility for the promotion of free trade, tourism and
communication, and information technology among the nations was explored. There is a
proposal being arrived at for the laying of road links from Singapore to Istanbul via Myanmar,
India and Afghanistan. The impediments to the realization of such goals in the process of
globalization are international terrorism and the unresolved dispute between India and Pakistan
over Kashmir due to cross border terrorism and infiltration of terrorists across the Line of Control
between them.

Globalization as Universalization

Universalization - to make universal.

Universal - including or covering all or a whole collectively or distributively without limit or

exception ; especially : available equitably to all members of a society

Description of Universalization

o In the 1940s, globalization was thought to mean universalize. In this usage, 'global' means
'worldwide', and globalization is the process of spreading various objects and experiences to
people at all corners of the Earth.
Ex. - Globalization of automobiles, Chinese restaurants, decolonization, cattle farming, etc.

o Frequently, globalization-as-universalization is assumed to entail standardization and

homogenization with worldwide cultural, economic, legal and political convergence. Scholte
stresses that the assumption of globalization-as-universalization means the same as
globalization-as-homogenization is WRONG.
Ex. - some economists have assessed globalization in terms of the degree to which prices
for particular goods and services become the same across countries.

o Universalization is an age-old feature of world history.

Ex. - The spread of the human species, the extension of world religions across large
expanses of the earth, transoceanic trade has distributed various goods over long distances.

Universalization (in respect to globalization) is the spreading of new ideas, technologies,

and practices to all parts of the world. Including, religion, McDonalds, school curricula, tobacco,
coffee, etc.

THE NEED FOR INNOVATIVE POLICING

Theories and practices in law enforcement have been compared in several studies
under diverse circumstances, the goal is to test whether the theory and practice in policing
needs innovation to meet the demands of the present trends in crime fighting. Comparative
research is usually carried out by the “safari” method (a researcher visits another country) or
“collaborative” method (the researcher communicates with a foreign researcher). Published
works tend to fall into three categories: single – culture studies (the police and the crime
problem of a single foreign country is discussed), two-culture studies (the most common type),
and comprehensive textbooks (which cover three or more countries). The examination of crime
and its control in the comparative context often requires historical perspective since the
phenomena under study are seen as having developed under unique social, economic, and
political structures. Hence, the method most often employed by researchers is the historical-
comparative method. On the other hand, whatever method used in comparative research in this
subject matter, one thing is evident – police systems are now moving towards innovative law
enforcement.

GLOBALIZATION AND LAW ENFORCEMENT

Every nation has its own law enforcement agency called the Police. One thing is
common, The police symbolize the presence of a civil body politics in everyday life; they
symbolize the capacity of the state to intervene and the concern of the state for the affairs of
citizenry. It is therefore timely to discuss the connection of globalization to policing.

EFFECTS OF GLOBALIZATION ON LAW ENFORCEMENT

Every law enforcement agency in the world is expected to be the protector of the
people’s rights. Globalization has great impact on every human right.

The emergence of an “international regime” for state security and protection of human
rights, growing transnational social movement networks, increasing consciousness and
information politics have the potential to address both traditional and emerging forms of
violations. Open international system should free individuals to pursue their rights, but large
numbers of people seem to be suffering from both long standing state repression and new
denials of rights linked to transnational forces like international terrorism and other acts against
humanity.

The challenge of globalization is that unaccountable flows of migration and open

markets present new threats, which are not amenable to state-based human rights regimes,
while the new opportunities of global information and institutions are insufficiently accessible
and distorted by persistent state intervention.

Threats on Law Enforcement: Some threats brought about by globalization are:

 Networking of criminal syndicates had been strengthened;

 Integration of local and national criminals like terrorist. It increased their
cooperation in illicit activities;
 Emerging and development of modern crimes like cybercrimes;
 Accessibility of information by the criminals as regards to local and
national security concerns. Sidestepping to law enforcement investigation is easy;
 Criminals have taken advantage of transitioning and more open
economics to establish front companies and quasi-legitimate businesses that facilitate
smuggling, money laundering, financial frauds, intellectual piracy and other illicit ventures.
Opportunities for Law Enforcement: While globalization brings the threats and many other
threats to law enforcement, opportunities like the following are carried:

 Networking of police organizations around the world;

 Creation of international organizations like INTERPOL, EUROPOL, ASEANAPOL, IACP
etc.. to upgrade police training and equipment;
 Faster investigation of transnational crimes;
 Creation of International tribunals to deals with human rights problems;
 Humanitarian interventions that can promote universal norms and link them to the
enforcement power of states;
 Transnational professional network and cooperation against transnational crimes;
 Global groups for conflict monitoring and coalitions across transnational issues.

TRANSNATIONAL CRIMES

Transnational crime

 Refers to crime that takes place across national borders.

 The word "transnational" describes crimes that are not only international (that is, crimes that
cross borders between countries), but crimes that by their nature involve border crossings
as an essential part of the criminal activity.
 Transnational crimes also include crimes that take place in one country, but their
consequences significantly affect another country. Examples of transnational crimes include
the human trafficking, people smuggling, smuggling/trafficking of goods (such as arms
trafficking and drug trafficking), sex slavery, and (non-domestic) terrorism.

According to the United Nation (UN) the following are the different categories of
transnational crimes.

 Money Laundering  Environmental Crime

 Terrorist Activities  Theft of Art and Cultural Objects

 Theft of Intellectual Property  Illicit Traffic in Arms

 Sea Piracy  Hijacking on land

 Insurance Fraud  Computer Crime

 Trafficking in Persons  Trade Human Body Parts

  Illicit drug trafficking  Fraud Bankruptcy

 Infiltration of legal business  Corruption

 Bribery of public officials and other offences committed by organized criminal groups

Transnational Organized Crime (TOC) refers specifically to transnational crime carried out by
organized crime organizations.

According to the Convention on Transnational Organized Crime 2000, an offense is

transnational if;

1. Firstly, it is committed in more than one state.

2. Secondly, it is committed in one state but a substantial part of its preparation, planning,
direction, or control takes place in another state.
3. Thirdly, it is committed in one state but involves an organized criminal group that
engages in criminal activities in more than one state.
4. Finally, it is committed in one state but has substantial effects in another state.

CRIMES CONSIDERED AS TRANSNATIONAL

A. Human trafficking

 Human trafficking is commonly understood to evolve a variety of crimes and abuses

associated with the recruitment, movement and sale of people including body parts into
a range of exploitative conditions around the world.

Trafficking - the recruitment, transportation, transfer, harboring or receipt of person, of

fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving
or receiving of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation.

o Exploitation shall include, at a minimum, the exploitation of the prostitution of

others or other forms of sexual exploitation, forced labor or services, slavery or
practices similar to slavery, servitude of the removal of organs.

Smuggling - is the procurement, in order to obtain directly or indirectly, a financial or

other material benefit, of the illegal entry of a person into a state party of which the
person is not a national or a permanent resident.

o During the past decades, human smuggling across national borders grew from a
low – level border crossing activity in a handful of countries to a diverse
multibillion dollar business spanning the entire globe. It has historical parallels
with the traffic and exploitation of black Africans in previous centuries, when the
 colonial slave trade was considered not only on a lawful but desirable branch of
commerce by European empires.

Trafficking in Persons

 Trafficking in persons is a form of modern – day slavery.

 Trafficking organizations prey on individuals who are poor, often women who are lured with
false promises of good jobs and better lives and, instead, are forced to work under brutal
condition.

 International trafficking in women for the sex industry has been a characteristic of modern
international organized crime.

 Many countries grant “artistic” or “entertainer” visas that facilitates the movement and
exploitation of trafficking victims. Women are granted these temporary visas upon
presentation of a work contract or offer of engagement by a club owner, proof of financial
resources, or medical test results. Employment agencies, licensed under the laws of the
origin and destination countries, play a key role in the deception and recruitment of these
women. On arrival at their destination, victims are stripped of their passports and travel
documents and forced into situations of sexual exploitation or bonded servitude. Having
overstayed or otherwise violated the terms of visa, victims are coerced by their exploiters
with threats to turn them into immigration authorities.

Human trafficking is a growing transnational criminal phenomenon – conservative

estimates put the total number of persons trafficked globally at two million per year. It started in
the 1700’s when child labor was first started. Children worked long and dangerous hours for
little pay in factories and coal mines.

Philippines

In the area of human trafficking, the country, the Philippines continues to be a source,
transshipment point and destination for trafficked and smuggled persons mostly women and
children. Smuggling or trafficking incidents victimizing Filipinos are increasing due to worsening
push factors (e.g., poverty, unemployment), huge profits derived by human smuggling
syndicates, increasing and attractive opportunities in developed countries, and a rapid increase
in the number of “willing victims” who are desperate in improving their standards of living.
According to the National Commission on the Role of Filipino Women (NCRFW), an estimated
25,000 to 35,000 Filipino women are victims of trafficking, every year which already accounts for
50% of all women victims of trafficking in Southeast Asia.

Authorities have identified countries of destination as well as trafficking routes frequently

utilized by syndicates in moving their victims. These destination countries include the United
States, Canada, Italy, Japan, Jordan, South Korea, Singapore and even Malaysia. It was also
noted that several states specially those adjacent to the foregoing destination countries are
utilized as transshipment points to mislead Philippine immigration authorities.

Several foreign nationals were also apprehended in different ports of entry for trying to
use the Philippines as a jump off point to their final destination. This was manifested by several
interdictions initiated by immigration and other law enforcement authorities. This includes the
arrest of Chinese nationals while trying to leave the Ninoy Aquino International Airport (NAIA)
bound for the United States or Canada. Eleven (11) Bangladesh nationals were also
apprehended in Southern Philippines as they prepared to leave for Japan aboard a cargo ship.
Several Iranian nationals en route to Japan were apprehended at the NAIA for entering the
country using fake European and pretending to be Spanish nationals.

As the destination country, several foreigners’ mostly Indian nationals intending to do

business in the country were apprehended by Philippine authorities and were subsequently
deported for illegal entry. These incidents of illegal migration, smuggling and trafficking are
general trends in almost all developing countries such that there is a growing perception for
undocumented migration to become an issue of major conflict in the very near future.

Elements of Human Trafficking

 The ACT – what is done – Recruitment, transportation, transfer, harboring or

receipt of person.

 The MEANS – how it is done – threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving payments or benefits to a
person in control of the victim.

 The PURPOSE – why it is done – for the purpose of exploitation, which include
exploiting the prostitution of others, sexual exploitation, forced labor, slavery or
similar practices and the removal of organs.

Various conceptions of Trafficking:

1. Slavery – human trafficking as a contemporary form of slavery is marked out by legal

ownership of one human being by another or long-term enslavement, but by temporary
ownership, debt bondage, forced labor and hyper-exploitative contractual arrangement
in the global economy.

Main Forms of Slavery

a) Bonded labor system and forced labor in sweatshops, private households and on
forms not only in poorer regions such as South Asia but also in Western Europe
and the United States.
 b) Exploitation of children as laborers in cottage industries or quarries on the Indian,
subcontinent, as camel jockup in Gulf States or as soldiers in Africa.

c) Servile marriage in South Asia and Muslim societies.

2. Prostitution - traffic women for commercial exploitation traced back about the “white
slave” trade of women and young girls into prostitution at the end of the nineteenth
century.

3. Organized Crime – the trafficking-as-transnational organized crime approach has been

promised on two contrasting views of the relationship between the state and the
trafficking problem.

4. Migration – forced migratory movements in various regions, which in turn have been
spurred on by economic crisis, lack of sustainable livelihoods, political conflict, civil war,
ethnic persecution, social inequalities, gender – based macroeconomic policies and
wider processes of global social transformation. For many trapped in dire poverty,
displaced by political turmoil, and turned away by increasingly restrictive immigration and
asylum policies termed as broad zone of exclusion, migration through irregular channels
of smuggling and trafficking has become their only means of escape. The desire to
escape from chronic economic and social crisis makes many of the women highly
vulnerable to trafficking harm.

5. Human rights – trafficking has been seen as a violation of basic human rights of a
person under the 1948 Universal Declaration of Human Rights, including the right to be
free from slavery or servitude; right to freedom of movement; right to life, liberty and
security; right to health; and right to free choice of employment.

Six Primary Reasons for Increasing International Flow of People

1. Geographic differences in supply and demand for labor which encourage decisions to
move and to make more money in the new host country.

2. Benefits of additional markets and other benefits in the target country.

3. Demands by developed countries for cheap labor.

4. Feedback: penetration of migration by existing networks of immigrant families in the host

countries and by organizations there which promote migration.

5. Environmental degradation, where the physical or agricultural environment in the home

country no longer proves acceptable.

6. Involuntary migration caused by civil war or oppression.

 Human Trafficking as a Form of Transnational Crime

The Criminal Actor

Traffickers are enormously diverse. They range from diplomats and employees of
multinational organizations who traffic a young, women for domestic labor to the large
organizations of Asia which specialize in human smuggling and trafficking. Women assume a
larger role of transnational crime as recruiters, madams and even kingpins of major smuggling
operations. This is the only aspect of transnational crime where women assume a leading role.

Human smugglers and traffickers are not always exclusively motivated by profit. Some
consciously engage in this activity for fund a terrorist group, a guerilla movement or an
insurgency. A terrorist in prison in Europe ran a prostitution ring of trafficked women from
Maldova to fund Hezbollah.

Stages of Moving Migrants Illegally

1. Recruitment

Initial victimization of the trafficked person is usually by a member of her ethnic

group. There are many reasons that recruitment occurs within one’s own group.
Proximity and access are important. But equally important is trust. Trust is important
because people often contract with traffickers and smugglers to move them to a
particular locale, to pay a certain amount of money or to keep them in bondage for a
particular period. Trust is more easily established with someone from one’s ethnic,
language or cultural group.

2. Transfer

Tourist and student visas may be used to enable entry, illegal entry may mean
extraordinary uncomfortable and dangerous journeys by road, sea and air; either
crossing borders without anyone’s knowledge or with the help of corrupt officials. Once
the journey is completed, people who have been smuggled will generally be abandoned
and left to look after themselves; those who are being trafficked will be taken to
wherever they are to put to work.

3. Entrance

There are a number of well-established routes, including a Baltic route that states
in Asia, passes through Baltic states ending in Scandinavia and an East Mediterranean
route which runs from Turkey to Italy, sometimes stopping in Greece or Albania in route.

North America, Western Europe, parts of the Middle East and Australia are the
common destinations for people being trafficked. Latin America, parts of West Africa and
Eastern Europe are the most common sources of people being trafficked. A number of
 countries in the Far East, including Thailand, China and Cambodia, rate highly as
countries of both origin and destination of human trafficking.

Methods of Smuggling and Trafficking

1. Amateur Traffickers – who are those that specialize in occasional, sometimes one-off
jobs in helping people cross borders and possibly find work.

2. Small groups of organized criminals – who specialized in leading people from one
country to another using recognized routes.

3. International trafficking networks – who provide a broad range of services including

fake documents, accommodations, employments, etc.

Techniques Used in Human Trafficking

1. The widely used techniques in Eastern Europe and the former Soviet Union –
advertisements and websites – are absent from the poorer countries of Asia, Africa
and Latin America. All too often, the victim is previously acquainted with his/her
trafficker.

Trafficking victims are often recruited by people they know, friends, family,
acquaintances and sometimes boyfriends. Some men deliberately befriend vulnerable
young women

2. Women, who have been trafficked into prostitution, often return to their home
communities with tales of their superior earnings. They talk to their friends and
acquaintances in to joining them by lying about the conditions of the work and the
amount they derived from their employment as prostitutes. These women get bonuses
for recruiting or themselves move into the position of brothel keepers enslaving the
women they have recently trafficked.

3. Traffickers travel to rural areas of poor countries to recruit victims. This can be
likely in the north of Thailand, the mountainous communities of Nepal or the villages of
Central Asia. The traffickers will find the poorest families, those with problems of drug or
alcohol abuse or serious medical problems. They will assure the family that they can
provide a better future for the child and may offer some nominal payment in return.

4. Families may also be offered money directly for the child. This method had been
used successfully with alcoholics and drug addicts in Russia. Often impoverished
families, with more children than they support sell their children to traffickers to save
other children through this act.

5. Some cases of organ traffickers are motivated by the same sense of familial
obligation. A trafficker will locate a potential provider of a kidney that will be extracted in
 an operation outside the seller’s home country. The money derived from the organ sale
will be used to support the starving family, to provide medical care for an ill relative or
Soviet successor States, children have been sold out of orphanages for adoption by the
administrators. Organized crime groups serve as the intermediaries between the parents
and the adoption agency. Notaries were bribed to certify that the parents have
surrendered their parental rights.

Many ploys are used to recruit victims, including advertisements and establishments of
marriage and employment agencies in the countries of origin. Web and newspapers
advertisements for matchmaking services and marriage bureaus may prove to be a cover for a
trafficking network. Newspapers carry advertisements for employment abroad as nannies, hotel
maids or providers for care for the elderly.

Factors that Help Account for Migrant Smuggling in the Modern World

1. “Push” or “supply” factors – those factors which create a sizeable population of

people looking to leave their own country and seek better circumstances elsewhere.

The existence of large number of impoverished and vulnerable people; political instability
and civil wars; the existence of weak states; religious and ethnic conflict as extreme as
genocide in some cases; and natural disasters.

2. “Pull” factors – which make foreign destinations attractive to migrants.

Availability of relatively well-paid work; welfare system; relative wealth and stable
economies; and political stability and security.

3. “Demand” factors – which underpin illegal trades.

Demand for cheap and vulnerable labor, and demand for embodied labor services –
people at a particular age, ethnic origin, in relation to their suitability for domestic labor;
or more usually, involvement in different aspects of the sex trade.

Division of Labor in Smuggling and Trafficking

1. Arranger/investors who direct and finance operations.

2. Recruiters who arrange customers.

3. Transporters who assist the movement of immigrants at departure and destination.

4. Corrupt officials including police/law enforcement officers who may obtain travel
documents or overlook illegal transit.

5. Informers who provide information on border controls and other factors.

 6. Guide/crew members who help move migrants between specific points.

7. Supporting personnel and specialists who provide accommodation and other assistance.

8. Debt collectors who collect trafficking fees in the destination country.

9. Money movers who launder the proceeds of the transactions.

RA 9208 – Anti- trafficking of person law

RA 10364 – Expanded anti-trafficking in Person Act of 2012

RA 6955 – Mail-order brides’ legislation

RA 8239 – Inter-country adoption law

B. Money Laundering

Money Laundering is the process whereby proceeds, reasonably believed to have been
derived from criminal activity, are transported, transferred, transformed, converted, or
intermingled with legitimate funds, for the purpose of concealing or disguising the true source,
disposition, movement, or ownership of those proceeds.

Money Laundering according to the US Treasury Department, is the process by which

criminals or criminal organizations seek to disguise the illicit nature of their proceeds by
introducing them into the stream of legitimate commerce and finance.

“Money laundering is called what it is because that perfectly describes what takes place
– illegal, or dirty, money is put through a cycle of transactions, or washed, so that it comes out
the other end as legal, or clean, money. In other words, the source of illegally obtained funds is
obscured through a succession of transfers and deals in order that those same funds can
eventually be made to appear as legitimate income”.
 The goal of money laundering is to make funds derived from, or associated with, illicit
activity appear legitimate.

Money laundering as a crime only attracted interest in the 1980’s essentially within a
drug trafficking context. It was from an increasing awareness of the huge profits generated from
this criminal activity and a concern at the massive drug abuse problem in western society which
created the impetus for governments to act against the drug dealers by creating legislation that
would deprive them of their illicit gains.

Money laundering is a truly global phenomenon, helped by the International financial

community which is a 24 hours a day business. When one financial centre closes business for
the day, another one is opening or open for business.

Three (3) Basic Steps to Change Illicit Funds to Legitimate Funds

1. Placement – involves a changing the bulk cash derived from criminal activities into a
more portable and less suspicious form, then getting those proceeds into the
mainstream financial system.

2. Layering – involves the movement of these funds, often mixed with funds of legitimate
origins, through the world’s financial systems in numerous accounts in an attempt to hide
the funds back into the mainstream economy, where they can be invested and spent
freely.

3. Integration – is the process of reintroducing these layered funds back into the
mainstream economy, where they can be invested and spent freely.

Money Laundering Techniques and Tools

1. Smuggling – a simple smuggling technique involves a manipulation of the cash-
reporting regulations at the US border. A launderer smuggles cash from the US to
Mexico without declaring the money on a CMIR report. He then turns around and comes
back into the US, declaring funds at the US. Customs as legitimate revenues, backed up
with invoices, receipts, etc., derived from the phony business dealings in Mexico.
Customs then issue proper form, allowing the smuggling to deposit that cash in the US
bank without raising suspicion. Once the cash is in the account, it could then be wire-
transferred anywhere, since there were no reporting requirements for wire transfer.

Smuggling of Cash is generally done in three ways:

a. Shipping the bulk cash through the same channels used to bring in drugs, by
container ship, truck or airplane.

b. Hand-carrying cash by courier

c. Changing the cash into negotiable instruments such as money orders of

traveler’s checks, and then mailing these to foreign banks and other foreign
destination.

2. Structuring – this is the term used to avoid the reporting requirements of the Bank
Secrecy Act (BSA) by dividing large deposits of cash into multiple smaller transactions of
less than $10,000 each. A person structures a transaction if that person, acting alone, or
in connections with or in behalf of, other persons, conducts or attempts to conduct one
or more transaction in currency, in any amount, at one or more financial institutions, one
or more days, in any manner, for the purpose of evading the reporting requirement.

3. The Use of Front Companies

a. Front Companies in General. These are used by launderers to place and layer illicit
proceeds. Any cash-rich business can be an effective front company – jewelry
stores, check-cashing businesses, travel agencies, import/export companies,
insurance companies, liquor stores, racetracks, and restaurants are common fronts.
In addition, businesses that have inventories of products or materials that are difficult
to value, such as precious metals, jewelry, antiques, etc, are also common.

b. Businesses Commonly Used as Front Companies

1. Jewelry Stores – these are convenient fronts for money laundering.

 2. Money-service businesses (MBSs) – these include money transmitters, check
cashing businesses, traveler’s-check and money-order issues, currency exchangers,
and issues of stored-value cards.

3. Travel Agencies – travel agencies that have the capacity of writing funds are also
attractive as front companies.

4. Import/Export Companies – these are popular as fronts for money laundering.

Typically, these operations use three schemes to launder money; under-valuation
and over-valuation of goods, double invoicing, and financing exports.

4. The use of shell or nominee corporations

The synonymous terms, “shell corporations,” “nominee corporations,” or

“domiciliary corporation” refer to a corporate structure that provides for anonymous
corporate ownership through various combinations of nominee directors and ownership
of stock by bearer shares.

5. Bank Drafts

Mexican bank drafts are often the instrument of choice used by Mexican money
launderers to repatriate dollars back to the US. Each year, more than 500,000 bank
drafts drawn on Mexican banks enter the US. This happens because they are seldom
reported and there are few effective sanctions against banks for failing to file reports and
through a loophole in the US money-laundering statutes. Mexican bank drafts are not
considered negotiable instruments,” so it is not necessary to file a CTR.

6. Counterbalancing loan schemes

This method involves parking illicit funds in an offshore bank, while using the
value of the value of the account as collateral for a bank loan in another country.
Counterbalancing loans were commonly used by the related companies and banks
controlled by the Bank of Commerce and Credit International in its 18-year money
laundering run.

7. Dollar Discounting

In this method, the drug trafficker instructs his accountant, or commissionista, to

arrange for the cartel’s controller to auction or factor the drug proceeds to a broker, or
cambista, at a discount. The broker then assumes the risk of laundering the money.
Essentially, the dealer is simply selling his accounts receivables at a discount. The gets
less cash, but he gets it sooner.

Money laundering is also accomplished through postal money orders. Instead of

selling the American money on deposit in the US, a blank money order or checks is sent
 directly to either Colombia or the Panama Free Zone. There, the funds can be sold and
resold through the network of casa de cambio, often going back to Mexico banks for final
repatriation in the US with the laundering cycle complete and the money ostensibly clean
and untraceable to illicit activity. Throughout this system, the parties create and use
fictitious documentation to produce a seemingly legitimate commercial history.

8. Mirror – Image Trading

Mirror – image trading involves buying contracts for one account while selling an
equal number from another; since both accounts are controlled by the same individual,
any profit or loss is effectively netted. The key is to lose these transactions among
millions of dollars worth of legitimate transaction.

9. Reverse Flips

A reverse flips is a real estate ploy whereby a launderer will purchase a property
at a documented or reported price well below its market value, paying the balance
“under the table to willing seller”. The launderer then resells the property for its value,
realizing a paper profit, well documented and legal.

10. Inflated Price

Launderers, working through front companies or willing accomplices, simply

create the false invoices for goods either never actually purchased or purchased at
greatly inflated prices.

MONEY LAUDERING TECHNIQUES COMMON TO THE BANKING INDUSTRY

A. The Use of Wire Transfer

 Wire transfer is simply the electronic transfer of money from one bank or entity to
another.

 The Uniform Commercial Code defines a wire transfer as “a series of transactions,

beginning with the originator’s order, made for the purpose of making payment to the
beneficiary of the order.

1. How wire transfer

a. A customer wishing to transfer instructs his bank to a certain amount to a specified

beneficiary account at another bank.

b. The originating bank sends an electronic “message” to the transfer system’s central
computer, indicating, an electronic format, the sending or originating bank, the
amount, the receiving or beneficiary bank, and the specific beneficiary.
c. The transfer system’s computer then electronically adjusts the account balances of
the originating and beneficiary banks and produces a printout of a debit ticket at the
originating bank and the credit ticket at the beneficiary bank.

d. Once the beneficiary bank receives its credit ticket, it notifies the beneficiary of the
wire transfer.

e. If the two banks are members of the same wire transfer system, then they are the
only two banks in the wire transfer chain. However, if they are not members of the
same system, which is standard for international transfers, it is necessary to route
the transfer through one or more intermediary banks that have “correspondent”
relationship with the other bank in the chain.

2. The Major Wire transfer systems

a. “Clearing House” is an association through which banks exchange checks and

drafts drawn on each other, and settle their balances. Non-member bank clear
their commercial paper through clearing house member banks by agreements
with such banks. The Clearing House Interbank Payment System (CHIPS) is the
primary site for settlement of all US banking transactions such as international
foreign exchange and Eurodollar transactions and all international and domestic
trade transactions taking place through the New York based US banking system.

b. The Use of Conduit Account – money launderers establish accounts in various

banks throughout the world, using front companies for the sole purpose of acting
as intermediaries, or conduits, in wire-transferring money form the originator to
the ultimate beneficiary

Typically, a money launderer will set up as many as 15 to 20 individual in various

cities around the world. These individuals are given monthly or periodically
stipend with which to live and conduct normal, everyday banking transactions:
writing checks, using credit cards, etc. the purpose is to create a history of
normal banking activity. Ultimately, and in conjunction with the others in the
“chain” there will be a flurry of wire transfers moving money in and out of the
various accounts. By the time regulators and law enforcement are able to
recognize the activity for what it is – money laundering – the individual have
moved on to new cities, with new IDs, to operate again. The front, shell and
dummy corporations that received much of the funds are usually not traceable to
any identifiable person.

c. The Use of Correspondent Accounts/Due from Accounts

Banks with no branches in foreign countries will establish a correspondent

account with a foreign bank or a domestic bank with a branch in that foreign
 country, in order to wire money and conduct business for its clients with greater
ease

d. The Use of Payable – Through Accounts

A type of correspondent account, these accounts are maintained at American

banks by foreign banks, and are use by the foreign bank to conduct their
depositor’s US currency transactions. They are, in effect, a master correspondent
account of a foreign bank in a US bank through which customers of the foreign
bank can transact business. Customers of the foreign bank have signature
authority in the master payable – through account and are referred to as “sub-
account holders”.

C. CYBERCRIME

Cybercrimes are generally defined as any type of illegal activity that makes use of the
Internet, a private or public network, or an in-house computer system. While any forms of
cybercrimes revolve around the appropriation of propriety information or unauthorized use, other
examples are focused more on an invasion of privacy. A growing problem around the world,
many countries are beginning to implement laws and other regulatory mechanisms in an
attempt to minimize the incidence of cybercrime.

Cybercrime is one of the terms used to denote the use of computer technology to
engage in unlawful activity. It refers to all the activities done with criminal intent in cyberspace.
These could be either the criminal activities in the conventional sense or could be activities,
newly evolved with the growth of the new medium. Because of the anonymous nature of the
Internet, it is possible to engage into a variety of criminal activities with impunity and people with
intelligence, have been grossly misusing this aspect of the Internet to perpetrate criminal
activities in cyberspace.

It does not require physical proximity between victim and perpetrator for the
consummation of an offense. Cybercrime is unbounded crime; the victim and perpetrator can be
in different cities, in different states or in different countries. All a perpetrator needs is a
computer linked to the internet.

 Is one of the terms used to denote the use of computer technology to engage in unlawful
activity.

 It refers to all the activities done with criminal intent in cyberspace.

 Cybercrime is unbounded crime; the victim and perpetrator can be in different cities, in
different states or in different countries. All perpetrator needs is a computer linked to the
internet.
  Medium is the cyber space and the world wide web (WWW)

 Information as vital instrument to a more expedient life has been abused.

 Much focused on financial and personal (private aspect) damage.

Four Categories of Computer Crimes

1. The Computer as a Target – the attack seeks to deny the legitimate users or owners of
the system access to their data or computers. A Denial-of-Service (DOS) attack or virus
that renders the computer inoperable.
2. The Computer as an Instrument of the Crime – the computer is used to gain some
other criminal objective. For example, a thief may use a computer to steal personal
information.
3. The Computer as incidental to a crime – the computer is not the primary instrument of
the crime; it simply facilitates it. Money laundering and the trading of child pornography
would be example of this category.
4. Associated with the prevalence of computers – this includes crimes against industry,
such as intellectual property theft and software piracy.

Legal Categories of Cyber Crime

1. Cyber-trespass – crossing boundaries into others people’s property and/or causing

damage, e.g. hacking, defacement, viruses
2. Cyber-deceptions and theft – stealing (money, property) e.g. credit card fraud,
intellectual property violations (piracy).
3. Cyber-pornography – activities that breach laws on obscenity and decency.
4. Cyber-violence – doing psychological harm to, or inciting physical harm against others,
thereby breaching laws pertaining to the protection of the person, e.g. hate speech
stalking.

Cyber Offenses

Hacking – is gaining unauthorized access to computer system, and as such, is conceptually

analogous to real world trespassing.
Cracking – which consists of gaining unauthorized access to computer system for the purpose
of committing a crime “inside” the system, is conceptually analogous to burglary.
Malicious sending of e-mails – one of the very prevalent computer crimes in the Philippines,
the sending of malicious and defamatory electronic emails has rendered obsolete the
traditional “snail-threat-mail” and has likewise become a new medium of extorting money, or
 threatening prospective victims. Dissemination of viruses, worms and other varieties of
malicious code is analogous to vandalism

 Cyber Defamation

This occurs when defamation takes place with the help of computers and / or the Internet.

 Cyber stalking

The Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves
following a person's movements across the Internet by posting messages (sometimes
threatening) on the bulletin boards frequented by the victim, entering the chat-rooms
frequented by the victim, constantly bombarding the victim with emails etc.

CYBERSTALKING

The unwanted, threatening, or offensive email or other personal communication over the
computer that persists in spite of requests by the victim that it be stopped. It can also include
behavior that is aimed at a particular person, but not sent directly to that person. It is analogous
to traditional forms of stalking in that it incorporates persistent behaviors that instill
apprehension and fear.

It simply utilizes a high-tech modus operandi to achieve its aims. In addition, the stalker
can frequently trace the victim’s phone number and address, and cyber stalking frequently
accompanies traditional stalking behaviors such as threatening phone calls, vandalism of
property, threatening mail and physical attacks.

Types of Cyber stalking

1. Email stalking – this is an electronic postal service that allows individuals to send and
received messages or information in a matter of seconds. In general, email is an unsecure
method for transmitting information or messages. Everyone who receives an email from a
person has access to that person’s email address.

2. Chat stalking – a chat room is a connection provided by online services and available on
the internet that allows people to communicate in real time via computer text and modem.
Cyber stalkers can use that chat room to slander and endanger their victims.

3. Computer stalking – with computer stalking, the cyber stalker exploits the internet and the
windows operating system in order to assume control over the computer of the targeted
victim.

Frequently Used Cyber Crimes

 Unauthorized access to computer systems or networks - This activity is commonly

referred to as hacking.
 Theft of information contained in electronic form - This includes information stored in
computer hard disks, removable storage media etc.

 Email bombing - Email bombing refers to sending a large number of emails to the victim
resulting in the victim's email account (in case of an individual) or mail servers (in case of a
company or an email service provider) crashing.

 Data diddling - This kind of an attack involves altering raw data just before it is processed
by a computer and then changing it back after the processing is completed.

 Salami attacks - These attacks are used for the commission of financial crimes. The key
here is to make the alteration so insignificant that in a single case it would go completely
unnoticed.

 Denial of Service attack - This involves flooding a computer resource with more requests
than it can handle.

 Virus / worm attacks - Viruses are programs that attach themselves to a computer or a file
and then circulate themselves to other files and to other computers on a network.

 Logic bombs - These are event dependent programs.

 Trojan attacks - A Trojan as this program is aptly called, is an unauthorized program which
functions from inside what seems to be an authorized program, thereby concealing what it is
actually doing

 Internet time thefts - This connotes the usage by an unauthorized person of the Internet
hours paid for by another person.

 Phishing and Vishing - Obtaining financial information, such as bank account records or
credit card details, by sending what look like authentic messages to the recipient informing
them they need to comply with certain procedures to reactivate their account. Once the
information has been obtained, the criminal then defrauds the victim.

 Spam - Unsolicited advertisements for products and services, which experts estimate to
comprise roughly 50 percent of the e-mail circulating on the Internet.

REASONS FOR CYBER CRIME

 Capacity to store data in comparatively small space

 Easy to access

 Complex

 Negligence

 Loss of evidence
Computers and Networks can be involved in crimes in several ways

• Computer or network can be a tool of the crime (used to commit the crime)

• Computer or network can be a target of the crime (the “victim”)

• Computer or network can be used for incidental purposes related to the crime
( records purposes)

Web Defacement

- An act of intruding into a server and changing without permission all the aspect of a
website which the public can see.
- It is similar to the act of vandalism on public property where teenagers ruin public walls
in an effort to express their thoughts publicly.

Software Piracy

• Illegal copying or counterfeiting of genuine programs.

• Can be done in various ways –

– End user copying, Counterfeiting, Illegal downloads from the internet etc.

Pornography

• Pornography is the first consistently successful e-commerce product.

• Anybody including children can log on to the internet and access websites with
pornographic contents with a click of a mouse.

Internet Pornography – is the trafficking, distribution, posting and dissemination of obscene

material including children’s nude pictures, indecent exposure, and child sex slavery posted into
the internet, live streaming videos aired through the internet under a certain fee.

Different Kinds of Child Pornography

1. Indicative – non-erotic and non-sexualized pictures showing children in their underwear,

swimming costumes, etc, from their commercial sources or family albums; pictures of
children playing in normal settings, in which the content or organization of pictures by the
collector indicates inappropriateness.
2. Nudist – pictures of naked or semi-naked children in appropriate nudist setting and from
legitimate sources.
3. Erotica – surreptitiously taken photograph of children in play areas or other safe
environments showing either underwear or varying degrees of nakedness.
4. Posing – deliberately posed pictures of children fully, partially clothed or naked (where
the amount context and organization suggest sexual interest)
 5. Erotic Posing – deliberately posed pictures of fully, partially naked children in
sexualized or provocative poses.
6. Explicit Erotic Posing – emphasizing genital areas where the child is either naked,
partially or fully clothed.
7. Explicit Sexual Activity – involves touching, mutual and self-masturbation, oral sex and
intercourse by child not involving adult.
8. Assault – pictures of children being subject to a sexual assault, involving touching
involving adult.
9. Gross Assault – grossly obscene pictures of sexual assault involving penetrative sex,
masturbation, or oral sex involving adult.
10. Sadistic – pictures showing a child being tied, bound, beaten, whipped or otherwise
subject to something that implies pain

Internet Child Pornography is generally defined as images depicting children and young
people in a sexualized way. However, this definition may differ from country to country and
cannot take account of varying cultural, moral or political meanings attached to the word
“pornography”.

In addition, legal definitions tend to emphasize obscene or sexual content as an

essential quality of the images, thus overlooking that fact that any image can be sexualized or
fantasized over: what makes the image important to the offender is the psychological role it
plays in arousal and masturbation.

Email Threat/ Extortion

• The Criminal sends threatening email or comes in contact in chat rooms with victim.
• Copying the company’s confidential data/trade secret in order to extort huge amount of
money to the company.

PROSTITUTION

There are literally several websites dedicated, in one way or another, to prostitution, and
this number is increasing al the time.

1. Escort Agencies – it emphasis their exclusivity and the sophistication and beauty of the
women they offer.
2. Independents – these are women who advertise sexual services on the Internet, but do
not work for or through an agency. Independents tend to charge less for their services
than agencies.
3. Massage Parlors – these typically focus on the establishment and contain photographs
of the facilities offered. They often also carry photographs of the women available
sometimes with an indication of which days each works.

CYBER-CHATTELS: Buying Brides and Babies on the Net

 Women for Sale:
 International correspondence services which post women’s names, photos and
description on their websites which is free to the women. Men seeking to make contact
pay a fee for each mailing address.
 Companies which promote, organize and sponsor group tours to countries where
interested women may be found.
 Email pen-pal clubs which are generally free of charge. Men and women provide a
biography, email address and an indication of the type of relationship they seek.

Buying Babies

 Adoption – [Link] provides prospective parents with much the same kind of
information as bride’s sites.
 Gametes – [Link] is a site specializing in egg donation and surrogacy.

BIO-PIRACY

- The act of a foreign group of acquiring, without permit, biologic or genetic resources of a
country and transforms it into a product that has a commercial value but without publicly
acknowledging and sharing such product with the country where the raw material
originated.

D. TERRORISM

The Internet is a popular means to recruit members used by terrorist. It is a way to

communicate between cells and members, raise funds and spread propaganda. Other terrorist
uses the Internet include attacks on government websites and email servers and attempts to
inundate system with email messages.

Cyber terrorism is the use of cyber tools to shut down or degrade national infrastructures
such as energy, transportation, communications, or government services or the purpose of
coercing or intimidating a government or civilian population.

Terrorism is the use and/or threat of repeated violence in support of or in opposition to

some authority, where violence is employed to induce fear of similar attack in as many non-
immediate victims as possible so those threatened accept and comply with the demands of the
terrorists.

The Morality of Terrorists Violence: 4 Quotations

1. “One person’s terrorist is another person’s freedom fighter”

This is more likely to have originated in one form or another in the remote
historical past. Terrorists never consider themselves to the “bad guys” in their struggle
for what they would define as freedom. They might admit that they have been forced by
a powerful and ruthless opponent to adopt terrorist methods, but they see themselves as
freedom fighters. Benefactor of terrorists always live with clean hands, because they
present their clients as plucky freedom fighters. Nations that use technology of war to
attack known civilian targets justify their sacrifice as incidental to the greater good of the
cause.

2. “One man willing to throw away his life is enough to terrorize a thousand”
This quotation was written by the Chinese military philosopher, Wu Ch’i. This
quotation is the likely source for the better – known statement “kill one terrorize a
thousand”. This explains the value of a committed individual who is willing to sacrifice
him or herself when committing act of violence.

3. “Extremism in defense of liberty is no vice”

Senator Barry M. Goldwater of Arizona made this statement during his bid for the
presidency in 1964. His campaign theme was very conservative and anti-communist.
This quotation represents an uncompromising belief in the absolute righteousness of a
cause. It defines clear belief in good versus evil and belief that end justifies the means.
Terrorist use this reasoning to justify their belief that they are defending their
championed interest against all perceived enemies – who are of course, evil.

4. “It became necessary to destroy the town to save it”

This quotation has been attributed to a statement made by an American Officer
during the war in Vietnam. When asked why a village thought to be occupied by the
enemy had destroyed, he allegedly replied that American soldiers had destroyed the
village to save it. The village has been denied to the enemy, and it has been saved from
the horrors of enemy occupation. The symbolism of the village can be replaced by any
number of symbolic values.

Terrorist used this kind to justify hardships that they impose not only on a
perceived enemy, but also on their own championed group. They have no concrete plan
for what kind of society will be built upon the rubble of the old one – their goal is simply
to destroy inherently evil system.

Terrorism and Criminal Skill: three cases

Case 1 : Richard Baumhammers

 Many terrorists incidents are the acts of individual gunmen who simply embark on killing
sprees, using a “low degree” of criminal sophistication. Baumhammers, a racist immigration
attorney influenced by Neo-Nazi ideology methodically shot his victim during a 20-mile trek. His
victims were a Jewish woman, two Indian men, two Asian men, and an African American man.
The sequence of Baumhammers’s assault occurred as follows:

 Baumhammers went to his Jewish neighbor’s house and fatally shot her. He then set fire
inside her home.
 Baumhammers shot two Indian men at an Indian grocery store. One man was killed, and
the other paralyzed by a .357 slug hit his upper spine.
 Baumhammers shot a synagogue, painted two swastikas on the building, and wrote the
word, “Jew” on one of the front doors.
 He then drove to second synagogue, where he fired shots at it.
 Baumhammers shot two young Asian at a Chinese restaurant, killing them both.
 Finally, Baumhammers went to a Karate school, pointed his revolver at a white man
inside the school, and then shot to death an African American man who was a student at
the school

The Baumhammers case illustrate how the lone wolf scenario involves and individual
who believes in a certain ideology but who is not acting on behalf of an organized group. These
individuals tend to exhibit “minimal” criminal skill and use minimal technology while carrying
their assault.

Case 2: Theodore “Ted” Kaczynski

Using the “medium degree” of criminal sophistication, many terrorists have been able to
remain active for long period of time without being captured by security agents. An example is
Ted Kaczynski popularly known as “Unabomber”.

In May 1078, Kaczynski began constructing and detonating a series of bombs directed
against corporations and universities. His usual practice was to send the device through the
mail disguised as business parcel. His attack includes the following:

 A bomb caught fire inside a mail bag aboard a Boeing 727. It has been rigged with a
barometer trigger to explode at a certain altitude.
 A package bomb exploded inside the home of the president of United Airlines injuring
him.
 A letter bomb exploded at Vanderbilt University injuring a secretary. It had been
addressed to the chair of the computer science department.
 Two Universities of Michigan scholars were injured when a package bomb exploded at
a professor’s home. The bomb had been designed to look like a manuscript for a book.
 An antipersonal bomb store exploded in a parking lot behind a computer rental store,
killing the store owner.
 During the 18 years period, Kaczynski was responsible for the detonation of more than
15 bombs around the country, killing 3 people and injuring 22 more.

Case 3: Ramzi Yousef

Involving “high degree” of criminal sophistication, some terrorist attack are the work of
individuals who can be described as masters of their criminal enterprise. On February 26, 1993,
Ramzi Yousef detonated a bomb in a parking garage beneath Tower One of the World Trade
Center in New York City. The bomb was a mobile truck that Yousef and associates had
constructed in New Jersey from converted Ford Econoline van. It was fairly simple design but
extremely powerful.

According to investigators and other officials, Yousef’s objective was to topple Tower
One onto Two “like pair of dominoes”, thus achieving a very high death toll. This case is a good
example of the technical skill and criminal sophistication of some terrorists. Yousef had
connections with well-funded terrorists, was a sophisticated bomb maker, knew how to obtain
the necessary components in a foreign country was very adept at evasion, and obviously
planned his action in meticulous detail.

POLICE GLOBAL ORGANIZATIONS

The Different Police International Associations in the world:

 ASEAN Chiefs of Police

 EUROPOL
 IACP
 INTERPOL
 UN Police

Member Countries of ASEAN Chiefs of Police

 Indonesia
 Malaysia
 Philippines
 Singapore
 Thailand
 Brunei Darussalam
 Vietnam
 Lao PDR
 Myanmar
 Cambodia

Objectives of ASEANAPOL (Association of South East Asian Nation Police)

 1. Enhancing Police Professionalism
2. Forging stronger regional co-operation in police work and promoting lasting friendship
amongst the police officers of ASEAN countries

EUROPEAN POLICE OFFICE (EUROPOL)

 Is the European Union’s Criminal Intelligence Agency. It became fully operational on July 1,
1999.
 Europol is headed by a Director, who is Europol’s legal representative and is appointed by
the Council of the European Union.

Aim of EUROPOL

EUROPOL’s aim is to improve the effectiveness and co – operation between the

competent authorities of the member states primarily by sharing and pooling intelligence to
prevent and combat serious international organized crime. Its mission is to make a significant
contribution to the European Union’s Law Enforcement efforts targeting organized crime.

How does Europol assist Member States in Investigation?

 Facilitating the exchange of information between Europol and Europol Liaison Officers.
These ELOs are seconded to Europol by the member states as representatives of their
national law enforcement agencies , thus they are not under the command of Europol
and its Director. They act in accordance with their national law.
 Providing operational analysis and support to member states operations.
 Providing expertise and technical support by investigations and operations carried out
within the Europol, under the supervision and legal responsibility of the member states.
 Generating strategic reports and crime analysis on the basis of information and
intelligence supplied by member states or gathered from other sources.

What is Europol’s mandate?

 Illicit drug trafficking;

 Illicit immigration networks;
 Terrorism;
 Forgery of money (counterfeiting of Euro) and other means of payment;
 Trafficking in human beings
 Illicit vehicle trafficking
 Money laundering

INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP)

 The International Association of Chiefs of Police is the world’s oldest and largest non-profit
membership organization of police executives, with over 20, 000 members in over 89
different countries.
 IACPs leadership consists of the operating chief executives of international, federal, state
and local agencies of all sizes.

Mission of IACP

 Advance professional police services;

 Promote enhanced administrative, technical and operational police practices;
 Foster cooperation and the exchange of information and experience among police
leaders and police organizations of recognized professional and technical standing
throughout the world.

INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)

What is INTERPOL?

• An acronym which means “International Criminal Police Organization”

• It is an organization facilitating international police cooperation.
• It is the world's fifth-largest international organization, after the Universal Postal Union,
FIBA (the International Basketball Federation), the United Nations, and FIFA (soccer's
international governing body)
• Interpol is the world’s largest international police organization, with 190 member
countries.
 The Official Seal of the Interpol

Official Flag of the Interpol

When did INTERPOL start?

• Interpol was founded in Austria in 1923 as the International Criminal Police Commission
(ICPC), with headquarters located in Vienna until 1942. Following the Anschluss
(German-Austrian union) in 1938, the organization fell under the control of Nazi
Germany and the Commission's headquarters were eventually moved to Berlin in 1942.

Interpol’s Structure
General Assembly

• This is the Interpol’s supreme governing body. It meets annually and comprises
delegates appointed by each member country.
• The assembly takes all important decisions related to policy, resources, working
methods, finances, activities and programs.

Executive Committee

• This is a 13-member committee which is elected by the General Assembly, and

comprises the president, three vice-presidents and nine delegates covering the four
regions.
• Functions are as follows:
• (a) Supervise the execution of the decisions of the General Assembly;
• (b) Prepare the agenda for sessions of the General Assembly;
• (c) Submit to the General Assembly any program of work or project which it considers
useful;
• (d) Supervise the administration and work of the Secretary General;
• (e) Exercise all the powers delegated to it by the Assembly.

General Secretariat

• It is located in Lyon, France, which operates 24 hours a day, 365 days a year and is run
by the Secretary General.
• Officials from more than 80 countries work side-by-side in any of the organization’s four
official languages: Arabic, English, French and Spanish.
• The Secretariat has six regional offices; in Argentina, C ôte d’Ivoire, El Salvador, Kenya,
Thailand and Zimbabwe, and a liaison office at the United Nations in New York.

Functions of General Secretariat

• (a) Put into application the decisions of the General Assembly and the Executive
Committee;
• (b) Serve as an international centre in the fight against ordinary crime;
• (c) Serve as a technical and information centre;
• (d) Ensure the efficient administration of the Organization;
• (e) Maintain contact with national and international authorities, whereas questions
relative to the search for criminals shall be dealt with through the National Central
Bureaus;
• (f) Produce any publications which may be considered useful;
 • (g) Organize and perform secretariat work at the sessions of the General Assembly, the
Executive Committee and any other body of the Organization;
• (h) Draw up a draft program of work for the coming year for the consideration and
approval of the General Assembly and the Executive Committee;
• (i) Maintain as far as is possible direct and constant contact with the President of the
Organization.

National Central Bureaus (NCB)

• The NCB is the designated contact point for the General Secretariat, regional offices and
other member countries requiring assistance with overseas investigations and the
location and apprehension of fugitives. (Each Interpol member country maintains a
National Central Bureau staffed by national law enforcement officers.)

Advisers

• These are experts in a purely advisory capacity, who may be appointed by the Executive
Committee and confirmed by the General Assembly.

Member Countries of Interpol

1. Afghanistan 40. Congo 78. Iceland 117. Morocco 155. South Africa
2. Albania 41. Congo 79. India 118. Mozambique 156. South Sudan
3. Algeria (Democratic 80. Indonesia 119. Myanmar (Rep. of)
Rep.) 157. Spain
4. Andorra 81. Iran 120. Namibia
42. Costa Rica 158. Sri Lanka
5. Angola 82. Iraq 121. Nauru
43. Croatia 159. St Kitts & Nevis
6. Antigua & 83. Ireland 122. Nepal
Barbuda 44. Cuba 160. St Lucia
84. Israel 123. Netherlands
7. Argentina 45. Curaçao 161. St Vincent &
85. Italy 124. New Zealand
8. Armenia 46. Cyprus Grenadines
86. Jamaica 125. Nicaragua
9. Aruba 47. Czech Republic 162. Sudan
87. Japan 126. Niger
10. Australia 48. Côte d'Ivoire 163. Suriname
88. Jordan 127. Nigeria
11. Austria 49. Denmark 164. Swaziland
89. Kazakhstan 128. Norway
12. Azerbaijan 50. Djibouti 165. Sweden
90. Kenya 129. Oman
13. Bahamas 51. Dominica 166. Switzerland
91. Korea (Rep. of) 130. Pakistan
14. Bahrain 52. Dominican 167. Syria
92. Kuwait 131. Panama
Republic 168. Tajikistan
15. Bangladesh 93. Kyrgyzstan 132. Papua New
53. Ecuador 169. Tanzania
16. Barbados 94. Laos Guinea
54. Egypt 170. Thailand
17. Belarus 95. Latvia 133. Paraguay
55. El Salvador 171. Timor Leste
18. Belgium 96. Lebanon 134. Peru
56. Equatorial 172. Togo
19. Belize 97. Lesotho 135. Philippines
Guinea
20. Benin 136. Poland 173. Tonga
57. Eritrea 98. Liberia
174. Trinidad &
 21. Bhutan 58. Estonia 99. Libya 137. Portugal Tobago
22. Bolivia 59. Ethiopia 100. Liechtenstei 138. Qatar 175. Tunisia

23. Bosnia and 60. Fiji n 139. Romania 176. Turkey

Herzegovina 61. Finland 101. Lithuania 140. Russia 177. Turkmenistan
24. Botswana 62. Former 102. Luxembourg 141. Rwanda 178. Uganda
25. Brazil Yugoslav 103. Madagascar 142. Samoa 179. Ukraine
26. Brunei Republic of 104. Malawi 180. United Arab
143. San Marino
Macedonia Emirates
27. Bulgaria 105. Malaysia 144. Sao Tome &
63. France 181. United
28. Burkina-Faso 106. Maldives Principe
64. Gabon Kingdom
29. Burundi 107. Mali 145. Saudi Arabia
65. Gambia 182. United States
30. Cambodia 108. Malta 146. Senegal
66. Georgia 183. Uruguay
31. Cameroon 109. Marshall 147. Serbia
67. Germany Islands 184. Uzbekistan
32. Canada 148. Seychelles
68. Ghana 110. Mauritania 185. Vatican City
33. Cape Verde 149. Sierra Leone
69. Greece State
34. Central African 111. Mauritius 150. Singapore
70. Grenada 186. Venezuela
Republic 112. Mexico 151. Sint Maarten
71. Guatemala 187. Vietnam
35. Chad 113. Moldova 152. Slovakia
72. Guinea 188. Yemen
36. Chile 114. Monaco 153. Slovenia
73. Guinea Bissau 189. Zambia
37. China 115. Mongolia 154. Somalia
74. Guyana 190. Zimbabwe
38. Colombia 116. Montenegro |
39. Comoros 75. Haiti
76. Honduras
77. Hungary

THE TWO MAIN AIMS OF INTERPOL (embodied in its Constitution)

• (1)To ensure and promote the widest possible mutual assistance between all criminal
police authorities within the limits of the laws existing in the different countries and in the
spirit of the 'Universal Declaration of Human Rights';

• (2)To establish and develop all institutions likely to contribute effectively to the
prevention and suppression of ordinary law crimes.

OTHER GOALS OR PURPOSES:

1. To further mutual aid and cooperation among the police forces of its national members
and to prevent and inhibit crime.
~ To support the police forces and services in the member countries in their efforts to
prevent crime and to conduct criminal investigations as efficiently and effectively as
possible.

2. To foster global police organization by sharing intelligence about cross-border criminal

activities among its member countries/nations.
 3. Pursues criminals who operate in more than one country (e.g. smugglers) those who
stay in one country but whose crimes affect the other countries (e.g. counterfeiters of
foreign currency), and those who commit a crime in one country and flee to another.

THREE CORE FUNCTIONS:

1. Secure global police communications services

• The fundamental pre-condition for international police cooperation is for police services
to be able to communicate with each other securely, in real time, and throughout the
world.
• The ability of police to exchange crucial data quickly and securely is a cornerstone of
effective international law enforcement.

Interpol’s global police communications system: I-24/7

• It connects law enforcement officials in all 186 member countries and provides them with
the means to share crucial information on criminals and criminal activities.
• It also enables member countries to access each others’ national databases using a
business-to-business (B2B) connection

2. Operational data services and databases for police

• Interpol manages several databases, accessible to the Interpol bureaus in all member
countries through its I-24/7 communications system, which contain critical information on
criminals and criminality.

Critical information on criminals and criminality

– MIND/FIND
– Suspected terrorists
– Nominal data on criminals (names, photos)
– Fingerprints
– DNA profiles
– Lost or stolen travel documents
– Child sexual abuse images
– Stolen works of art
– Stolen motor vehicles

MIND – Mobile Interpol Network Database

• This provides offline access to Interpol databases. Using I-24/7, IPSG can provide
member countries with a copy of the data in its databases which can be accessed locally
through connection with existing national servers.
 • IPSG - Interpol General Secretariat

FIND – Fixed Interpol Network Database

• This provides access to Interpol databases through online integration and allows
communication between national computer servers and those at the Interpol General
Secretariat (IPSG) via I-24/7.

3. Operational police support services

• Interpol currently prioritizes crime fighting programs on fugitives, public safety and
terrorism, drugs and organized crime, trafficking in human beings, and financial and high
tech crime. Other projects deal with child pornography on the internet, stolen vehicles,
stolen works of art and cultural property, bio-terrorism, and identifying and tracing of illicit
weapons.
Components of Operational Police Support Service

• Command and Coordination Centre (CCC)

• Incident Response Teams or Disaster Victim Identification Teams
• Interpol Notice System
• Criminal Analysis Unit

Criminal Analysis Unit

• It contributes to investigations by assisting officers working at the General Secretariat

and in member countries with research and analysis on crime trends.
• It also provides training courses in criminal analysis techniques for member countries.

Command and Coordination Centre (CCC)

• It operates round the clock in all of Interpol’s four official languages (English, French,
Spanish and Arabic) and serves as the first point of contact for any member country
faced with a crisis situation.
• It monitors news channels and Interpol messages exchanged between member
countries to ensure the full resources of the organization are ready and available
whenever and wherever they may be needed.

Incident Response Teams or Disaster Victim Identification Teams

• It is composed of officers from the General Secretariat and member countries which can
be dispatched to the scene of incident within hours of an event
Interpol Notice System

• It serves to alert police of fugitives, suspected terrorists, dangerous criminals, missing

persons or weapons threats.
• There are currently six color-coded notices– Red, Blue, Green, Yellow,
Black and Orange – and the Interpol-United Nations Special Notice
issued for groups or individuals who are the targets of UN sanctions
against Al Qaeda and the Taliban.

COLOR CODES OF THE INTERPOL NOTICES/COMMUNICATION:

1. RED WANTED NOTICE – requests for the arrest of subjects for whom an arrest warrant
has been issued and extradition will be sought.
2. BLUE – seeking the identity and location of subjects who have committed or witnessed
criminal offenses.
3. GREEN – providing warning about career criminals who have committed offenses in
several countries.
4. YELLOW – seeking mission or lost people, especially children abducted by parents.
5. BLACK – seeking the identification of corpses.
6. PURPLE – warning of unusual modus operandi.
7. GRAY – sharing knowledge of organized crime groups.
8. ORANGE – advising of criminal activity with international ramifications that does not
involve a specific person or group.

PRINCIPAL SERVICES OF INTERPOL:

• To provide its 186 member nations with information on the whereabouts of international
criminals, thus, to facilitate the apprehension of criminals, although it does not
apprehend criminals directly.

• To organize seminars on scientific crime detection

• Conducts investigations of criminal activities including drug trafficking, terrorism,

counterfeiting, smuggling, organized crime, and new forms of economic crime. (Its work
focuses primarily on public safety, terrorism, organized crime, war crimes, illicit drug
production, drug trafficking, weapons smuggling, trafficking in human beings, money
laundering, child pornography, white collar crime, computer crime, and corruption.)

• Performs humanitarian services such as locating mission persons and providing

notification of serious illness or death.

• Conducts criminal history checks for visa and import permits and traces vehicle
registration and ownership.
Some Main Concerns of Interpol

• Drugs and criminal organizations

• Identifying and tracing of illicit weapons (Small Arms and Light Weapons)

Identifying and tracing of illicit weapons (Small Arms and Light Weapons)

• Interpol has been mandated in Paragraph of the “ International Instrument to Enable

States to Identify and Trace, In a Timely and Reliable Manner, Illicit Small Arms and
Light Weapons” to assist States with the:
a.) facilitation of racing operations conducted within he framework of this instrument,
and,

b.) investigations to identify and trace illicit small arms and light weapons

ASEANAPOL

- Association of National Police Forces of the ASEAN Region

Functions:

 The ASEANAPOL deals with the preventive, enforcement and operational aspects of
cooperation against transnational crime.

 ASEANAPOL has been actively involved in sharing of knowledge and expertise on

policing, enforcement, law, criminal justice.

 deals with drug trafficking, arms smuggling, counterfeiting, economic and financial
crimes, credit card fraud, extradition and arrangements for handing over of criminal
offenders and fugitives.

 ASEAN was established in August 1967 as a non-military alliance in Bangkok, Thailand.

Only five countries initially composed the ASEAN (Indonesia, Philippines, Malaysia,
Singapore and Thailand)

 Brunei Darussalam joined on Jan 8, 1984

 Vietnam on July 28, 1995

 Laos and Myanmar on July 23, 1997

 Cambodia on April 30, 1999

Joint Communiqué

• At the end of each conference the Chief of National Police sign the Joint Communiqué
(JC)

• The JC contains the agreements/resolutions arrived at during the conference

 • It serves as the ASEANAPOL history

Comparison of Interpol and ASEANAPOL

INTERPOL ASEANAPOL

 Has Headquarters and Structure to  Has no definite organizational

administer the organization structure
 Leadership is for a definite period  Leadership is on rotation basis every
 Funds come from member national conference
police organization  Funds come from the host of
 It is a police support service ASEANAPOL meeting
organization  It is an association of police chiefs
 Decisions for action are translated in  Decisions are translated into
resolution form communiqué
 An independent organization  Regional organization that works
recognized by UN within the ambit of ASEAN
 Has database in Lyon that are  The database is being developed and
available to all members plans to interface with Interpol

PARTICIPATION OF PNP PERSONNEL IN UN PEACEKEEPING MISSIONS

 The Philippines had a total of 1,056 Filipino peacekeepers serving in nine UN

peacekeeping missions at the end of 2009. The figure represents a 40 percent increase
over the previous year. This placed the Philippines 23rd in the list of the top troop and
police contributing countries.

 On 3 April 1992, fifteen months into its reconstitution, the PNP began sending its
international contingent to peace support operations and humanitarian relief missions in
conflict areas around the world. Although most of these endeavors were United Nations-
launched, there were some deployments made under the "lead-nation" concept or as an
initiative of the Government of the Republic of the Philippines.

 As of 30 June 2010, the PNP Contingent has sent 1,600-plus police officers to UN and
other international peace support operations and humanitarian relief missions. (Several
police officers have been deployed more than once in their careers.) It has delivered an
estimated minimum of 3.5 million (wo)man-hours in the mission areas.

Qualification for the UNSAT

1. Age Requirement

• All applicants must not be less than twenty five (25) years old or more than Fifty three
(53) years old upon actual deployment.
2. Rank Requirement

• For Police Commissioned Officers (PCOs): Only those with the rank of Police Senior
Inspector, Police Chief Inspector, or Police Superintendent are allowed to apply.

• For Police Noncommissioned Officers (PNCOs): Only those within the rank bracket of
Police Officer 3 to Senior Police Officer 4 are allowed to apply.

• All applicants must have been appointed in permanent status in their respective present
ranks.

3. Service Requirement
• All applicants must have attained a minimum of five (5) years of active police service
(excluding cadetship, officer orientation/trainee course, and police basic course) by the
first day of the UNSAT examinations.

4. Physical Fitness Requirement

• All applicants must have passed the latest Physical Fitness Test (PFT) conducted by the
PNP Directorate for Human Resource and Doctrine Development, as well as medical,
dental, and neuropsychiatric examinations.

5. Computer Literacy Requirement

• All applicants must be knowledgeable of basic computer operations, including Word,

Excel, Power point, and use of the Internet.

6. Driving Proficiency Requirement

• All applicants must have at least one (1) year of recent driving experience and must
possess a valid national or international driver's license issued at least one (1) year prior
to the first day of the UNSAT examinations.

7. Unit Recommendation Requirement

• All applicants must be recommended by Unit Commanders (Command Group or

directors of their respective Directorial Staff, National Support Units, or Police Regional
Offices).

8. Other Requirements

• All applicants must hold a Performance Evaluation Rating (PER) with a minimum Very
Satisfactory evaluation for two (2) consecutive rating semesters prior to the UNSAT
examinations.

• All applicants must not have been repatriated from any previous UN mission for
disciplinary reasons.
• All applicants must not have been convicted of any administrative or criminal offense;
have no pending administrative/criminal cases in any body/tribunal/court.

• No applicant should be a witness to any administrative/criminal case, especially those

covered by Republic Act 9165, or a summary hearing officer with unresolved cases.