Specialized Training Course on Combating the Illicit Trafficking in Firearms, Ammunition and Explosives for Legal Practitioners (STC)

Transcription

1 Specialized Training Course on Combating the Illicit Trafficking in Firearms, Ammunition and Explosives for Legal Practitioners (STC) The Specialized Training Course on Combating Illicit Trafficking in Firearms, Ammunition and Explosives for Legal Practitioners (STC) is an adaptation of UNLIREC s flagship training model for security sector officials, which attempts to respond to the need for specific training in this field for judges, prosecutors and judicial police. Course duration is three and a half days.

2 Objectives The main objective of the STC is to provide technical and practical knowledge and legal tools to assist legal practitioners in their efforts to combat illicit trafficking in firearms, ammunition and explosives. The course also seeks to: Reduce impunity in cases of illicit trafficking; Strengthen coordination, communication and cooperation between legal practitioners at the working level; and Provide a training model and material for legal practitioners that States can easily integrate into existing curricula and within national training institutions. Target Audience The STC is designed for a class size of up to 30 participants bringing together legal practitioners ranging from judges, prosecutors and defense attorneys to criminal case investigators with caseloads involving illicit firearms trafficking. The course is also relevant for government officials with legal responsibilities in the areas of: crime-scene management, military justice, and control over the legal trade in firearms. Structure The course consists of six modules. The first five modules focus on a range of different topics which are outlined below. The final module is a Practical Exercise whereby participants put into practice all the content previously explored. The modules of the course are: Module 1: Module3: Module4: Module 6: Human Security, Firearms Proliferation and Armed Violence Legal Frameworks Inter-institutional and International Cooperation Definitions and Classifications of Firearms, Ammunition and Explosives. Firearms Crime Scene Management and Chain of Practical Exercise (including judicial hearing simulation) STC instructors include a combination of UNLIREC and national instructors. National instructors are required in several modules to ensure that national laws and procedures are properly integrated.

3 Overview of course modules Module 1: Human Security, Firearms Proliferation and Armed Violence This module seeks to contextualize the control of the legal trade and the prevention of the illicit trafficking in firearms, ammunition and explosives (FAME) in the Latin American and Caribbean region within human security, public security, and citizen security frameworks. Contemporary threats, such as youth gangs, terrorism, drug trafficking, human trafficking and the vulnerability of land and maritime borders are also mainstreamed throughout the module. To this end, an overview of global and regional production of FAME is presented along with their principal modes of proliferation. The module concludes with a presentation on the impact of armed violence in the region, emphasizing key themes, such as respect for human rights, gender perspectives and youth protection. International Instruments and Legal Frameworks The main international instruments presented in this module are: - United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects(UN 2001 PoA); - Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (UN Firearms Protocol); - Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (CIFTA); and - International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (International Tracing Instrument: ITI) This module also addresses other matters which, although not dealt with in the above-mentioned instruments, have relevant legal implications, in terms of internal regulation. These include the carrying, possession and use of firearms private security firearms management and the destruction of surplus, obsolete and confiscated firearms, ammunition and explosives. Course participants will learn to identify where national laws and procedures integrate, or fail to integrate, prescriptions of international agreements related to the manufacture, sale, export, transfer and import of firearms, ammunition and explosives (FAME).

4 Module 3: Interinstitutional and International Cooperation In this module, specific frameworks and tools are presented to facilitate the work of legal practitioners in combating the illicit trafficking of FAME. This module is divided into two sections: The first section focuses on inter-institutional and inter-agency frameworks that emphasize coordination on both policy formulation and implementation, including information sharing. Emphasis is placed on the creation of National Commissions for FAME control and armed violence reduction as one framework that can strengthen state performance in the fight against illicit trafficking. The second section provides participants with practical information on frameworks and resources that enable international cooperation among Member States, such as INTERPOL s Stolen and Lost Firearms System (SLARM), the Canadian Firearms Reference Table (FRT) and the US Bureau of Alcohol, Tobacco, Firearms and Explosives Internet-based Firearms Tracing and Analysis (e-trace) System. Moreover, the topics of mutual legal assistance and extradition are presented as tools for cooperation among countries attempting to address cases of illicit firearms trafficking based on the criteria established by the United Nations Convention against Transnational Organized Crime and its Protocols and the Inter- American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials. Module 4: Definitions and Classifications of Firearms, Ammunition and Explosives International Instructor This module presents technical terminology and characteristics of firearms, ammunition and explosives (FAME) that will help participants quickly get up to speed and improve their work-related performance in controlling the legal trade or conducting legal proceedings in cases of illicit trafficking in FAME. A combination of photos and exhibits of firearms, ammunition and inert explosives are used in order help legal practitioners identify different types of firearms and ammunition, which is useful for purposes of tracing and evidence identification. Firearms Crime Scene Management and Chain of In this module, the different techniques are presented for preserving and registering firearms, ammunition and explosives (FAME) as evidence in judicial hearings. Particular emphasis is placed on the principles and techniques for guaranteeing the chain of custody/possession of FAME as evidence to ensure that illicit trafficking cases are not dismissed on technicalities.

5 A second topic is the implementation, updating and reformation of criminal codes and procedures in order to respond to changing dynamics in illicit trafficking of FAME and reduce disparities and loopholes with neighbouring countries that may create attractive conditions for illicit activities. The third topic involves the issue of ballistics, both in terms of legal controls and as evidence in criminal and judicial processes. Instruction focuses on re-construction of facts using ballistic evidence, and the presentation of ballistic evidence to establish its full probative value. Module 6: Practical Exercise National judges, prosecutors and defense attorneys (international observers) Prepare a case, including charges and legal argumentation, to be presented in a judicial simulation/preliminary hearing (actual case design and format according to national context and procedures). The judge or jury (varies accordingly) then makes a decision by either passing a verdict or indictment in the case of preliminary hearings. The roles of prosecutor(s) and witnesses are taken on by course participants while judge, jury and defense attorneys are played by external collaborators with no previous knowledge of the case, but with expertise in similar matters. In the final session of the course, participants apply the concepts and procedures introduced in the previous five modules, in addition to their own knowledge and experience, in a judicial simulation hearing related to a case of illicit trafficking of FAME prepared by course organizers. Participants are presented with a crime scene in which firearms and ammunition remain as evidence. They are then to: Secure the crime scene, documenting the scene and collecting/documenting evidence; Package and label firearms and ammunition evidence for chain of custody; and

6 The following is a model timetable that can be adapted to the needs of organizing partners. Other options include conducting the class after working hours for one week or during the weekend (Friday, Saturday and Sunday), among others. Time Day One Day Two Day Three Day Four 08:00-08:30 Participant Module 6: Practical Exercise Registration National Legislation Firearms Crime Scene Management and Chain of 08:30-09:20 Opening Ceremony 09:20-10:20 Module 1:Human Security, Firearms Proliferation and Armed Violence 10:20-10:45 Break Break Break Coffee Break 10:45-12:00 12:00-12:45 International Environment Module 3: Inter-institutional and International Cooperation Module 3: Firearms Crime Scene Management and Chain of Inter-institutional and International Cooperation INTERPOL 12:45-14:00 Lunch Lunch Lunch Lunch 14:00-15:30 International Environment STC Schedule Module 4: Definitions and Classifications of FAME Firearms Crime Scene Management and Chain of Module 6: Practical Exercise Module 6: Analysis of Practical Exercise 15:30-15:45 Coffee Break Coffee Break Coffee Break Coffee Break 15:45-17:30 International Environment Module 4: Definitions and Classifications of FAME Crime Scene Management and Chain of Closing Ceremony and Reception

7 Chain of Co- Responsibility President of the Republic I am the President of the Republic, I signed the decree that reformed the laws and regulations in the areas of firearms, ammunition & explosives Laura I am Laura, I am 12 years old, a bullet shot by Ralph s firearm hit me in the spine; half of my body is now paralyzed. I was studying in my apartment with my mother at the time of the robbery. 11 Member of the National Police I am a policeman of the National Police Service. I went to the residential complex Sunrise Mews after receiving a call from Laura s mother. Her daughter was injured by a bullet during the robbery in apartment 502. According to the doctors, Laura is now paralyzed from the waist down Ralph I am Ralph. I broke into apartment 502 of the Sunrise News residential complex. In the assault, I used a 9mm Glock pistol. I bought it from a policeman. I don t really know he was. Upon entering the apartment, I confronted the security guard Pedro. During the row, I fired the weapon and the bullet hit Laura the daughter of the owner of the apartment in the back. National Commission, Firearms, Ammunition and Explosives I am a representative of the Legislator I am a legislator and I actively participated in the formulation 1 National Commission on Firearms, Ammunition and Explosives that 2 and enactment of the Decree 3 led the formulation of the Decree that modernized FAME law Prosecutor I am the prosecutor. Upon examining the evidence, I realized that some of it had disappeared and that the crime scene was contaminated by the presence of too many people. I had to include this in my presentation of the case, because I cannot guarantee the chain of custody/possession. 13 Pedro I am Pedro, watchman from Security Alert in charge of the surveillance post for the apartments in the residential complex Sunrise Mews. One night, another complex contracted me for security services. I carried the weapon assigned to me by Security Alert. Using my new shotgun, I prevented a young man named Ralph from robbing one of the apartments. I shot at him and was blinded in one eye as a result of the impact of the bullet from the fired weapon. that reformed the laws & regulations in the areas of firearms, ammunition & explosives 14 Judge I am a judge/magistrate of the Magistrates/High Court. I heard a case presented by the prosecutor, but was not able to evaluate the evidence due to contamination of the crime scene and the lack of national regulations on the definition and classification of firearms. The Chain of Co-Responsibility is a dynamic, ice-breaking exercise to help the participant understand that all the modules are interrelated and crosscutting. This is the basic model which can be adapted to the institutions of each country, including and excluding new roles and characters as needed. 8 State Entity that authorizes the import of firearms, ammunition and explosives I am a representative of the state entity that authorizes the import of firearms, ammunition& explosives. In accordance with the law, I authorized the import of one thousand 12 Gauge shotguns & fifteen hundred 9mm semi-automatic pistols, which will be sold in the national market. State entity in charge of issuing carrying and possession licenses I am a representative from the state entity in charge of issuing firearms licenses. I authorize the carrying and possession of firearms to physical and juridical persons (private security services) Private security company Security Alert I am the owner of private security company Security Alert. I ordered the company s head of supplies to request one hundred 12 gauge shotguns in order to fulfill a contract for the provision of services. Head of Logistics of the private security company Security Alert I am the head of logistics at the private security company Security Alert responsible for executing request procedures for the acquisition of firearms from the state entity in charge of issuing carrying licenses. I signed a purchase order for gauge shotguns. Supervisor of the private security company Security Alert I am the Operations Supervisor of the private security company Security Alert. I am in charge of inspecting the surveillance posts and verifying that the shotguns recently distributed to personnel are in their designated location and with the valid carrying license