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Improvement of Iranian Legislative and Judicial capacity to tackle Organized Crime and Money Laundering and promotion of Mutual Legal Assistance in the I.R. of IranProject Number: TC/IRN/S12
Title:
Improvement of Iranian Legislative and Judicial capacity to tackle Organized Crime and Money Laundering and promotion of Mutual Legal Assistance.
Background
Effectiveness and efficiency of the Judiciary
As far as the effectiveness, efficiency and accountability of the judiciary are concerned, the core problem, addressed by TC/IRN/S12 project, seems to lay in the increasing concern on criminal cases related to domestic and transnational organized crime groups and to the new emerging phenomena of money laundering that might have a bad impact on the Iranian society and economy. Iranian Judiciary aims to develop effective means and establish suitable bodies to fight organized crime and money laundering as well as enhance international mutual legal assistance.
Government policy, strategy and plans for the specific target area
A series of steps have already been initiated in the Judiciary and the Prison system in Iran aimed at ensuring access to justice, quality of justice, and the rule of law. Since the appointment of Ayatollah Shahroodi as Head of Judiciary in 1999, he has made judicial reform one of the main priorities in administration of judicial system in Iran. In 2000, the High Council of Judicial Reform was established, comprising of high-ranking judicial authorities. The Council was mandated with the setting of policies and priorities for the judicial reform in Iran and their follow-ups. As the secretariat of the Council, the Center for Judicial Reform Studies was also established as responsible for studying the main areas where action is required, and to propose specific objective-oriented recommendations regarding the reform of the judicial system.
In 2000, the Iranian Judiciary launched the first 5-year Judicial Reform plan. This plan was intended to enhance the planning and policymaking capacity in the field of criminal justice and securing the rule of law. It focused on improving the criminal policy of the Government, according to which all repressive (penal and non-penal) and preventive reactions to criminality had to be addressed.
Upon completion of the first Judicial reform plan, the second Plan (2004-2008) was developed and launched. This plan is based on packages of objective-oriented projects with their own implementation mechanisms, which all together, form a comprehensive plan. In each project, a specific authority or entity has been identified with responsibility of management of the project and the follow-up for its implementation. Each project also includes operational schemes, with assessment indicators specifying the rate of achievement of project objectives.
Organized crime, money laundering and mutual legal assistance are among the most important subjects to be included in the reform process through the preparation of a legal framework and institutions able to tackle organized crime and money laundering as well as provide mutual legal assistance according to international standards and best practices.
Cooperation aiming to improve Iranian Legislative and Judicial capacity to tackle Organized Crime and Money Laundering and promotion of Mutual Legal Assistance.
The TC/IRN/S12 project, within the framework of related UN Conventions and international best practices, addresses the requirements of the Iranian Judiciary to introduce and implement suitable reforms in the field of countering organized crime and money laundering as well as sustain domestic efforts to develop an effective mutual legal assistance. The project supports steps taken by the Iranian Government in creating awareness among concerned public officials (Judiciary and law enforcement institutions) on organized crime and money laundering and enhancing their technical capacity on facing those illegal phenomena. The project is also providing substantial support to enhance mutual legal assistance mechanisms at both national and international level through the improvement of bilateral relations with foreign jurisdictions as well as studying the possibility to establish an Iranian mutual legal assistance focal point. In order to enhance domestic and international cooperation and consequent exchange of judicial information, TC/IRN/S12 project assists Iranian Judiciary in the design and adoption of a criminal judicial data-base model reflecting modern standards and ensure the respect of international best practices.
TC/IRN/S12 project expected outcomes 1.
Strengthening national capacities for the implementation of the anti-money laundering legislation and consequent capacity building.
2. Strengthening the capacities in Iran to combat transnational organized crime 3. Promotion of
mutual legal assistance between the Islamic Republic of Iran and other States.
4.
Launching a nationwide training programme on mutual legal assistance, money laundering, organized crime and other issues for judges and other relevant staff of the Judiciary, the Police, the Prison Organization, etc.
TC/IRN/S12 Project Progress 1.
Iranian Anti-Money laundering bill is enacted and published on the Official Gazette on February 27, 2008 (link to the law).
2.
A number of technical Workshops on organized crime, money laundering and mutual legal assistance aiming to build capacity among public officials and spread awareness on those subjects are organized with the participation of international and UNODC's experts .
3.
A number of technical missions abroad (study visits) addressing the subject of organized crime, money laundering and mutual legal assistance and aiming to establish/enhance bilateral relations are organized.
4.
A compilation of legal instruments and international best practices and laws on organized crime, money laundering and mutual legal assistance in English and Farsi is developed.
5.
An handbook on the Un Convention against Transnational Organized Crime, translation of legal documents in English/Farsi and a domestic research on organized crime, money laundering and mutual legal assistance are studied by the Steering Committee for further diffusion among Iranian concerned officials and bodies.
6.
Effective strengthen of then Iranian capacity to combat transnational organized crime and money laundering.
7. Study and establishment of a model of criminal judiciary data-base to be implemented in Iran for the promotion of mutual legal assistance and domestic cooperation.
8.
Launching a nationwide training programme on mutual legal assistance, money laundering, organized crime and other issues for judges and other relevant staff of the Judiciary, the Police, the Prison Organization, etc (link to pictures).
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