MALAYSIA ATTORNEY GENERAL'S CHAMBERS CONDUCTS TIP

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000896 SIPDIS E.O. 12958: N/A TAGS: KTIP KCRM KWMN PGOV PHUM PREL SMIG MY SUBJECT: MALAYSIA ATTORNEY GENERAL'S CHAMBERS CONDUCTS TIP TRAINING FOR ENFORCEMENT OFFICERS REF: KL 832 MALAYSIA -- MEETING WITH HEAD PROSECUTOR ON TIP ¶1. (SBU) Summary and comment: Between October 19 and November 3, the Malaysia Attorney General's Chambers (AGC) conducted five successive two-day trafficking in persons (TIP) training seminars for law enforcement officers. At the request of the AGC's Head of Prosecution, Tun Majid, Embassy KL provided a trainer to attend the case studies portion of the training sessions. The seminar trained 148 mid to senior level law enforcement officers on how to identify, investigate, and charge a criminal case under Malaysia's new Anti-TIP Act. Overall, the training was a very good introduction to TIP and offered a foundation for how law enforcement officers should proceed in cases that contain TIP issues. While the training did address issues of TIP victim recognition and appropriate handling of TIP victims, it was clear from the response of some of the attendees that more work and training in this area is needed. The AG's Chambers was appreciative of our assistance and has offered their facilities to be used as a venue for training being presented by a Justice Department Office of Overseas Prosecutorial Development, Assistance, and Training team (DOJ-OPDAT) scheduled for early December 2009. End summary and comment. ¶2. (SBU) In mid-October Tun Majid requested Embassy KL support for five successive two-day anti-TIP training seminars between October 19 and November 3 (See reftel). The training workshop was intended to provide basic instruction and increase awareness on the dual issues of trafficking in persons and people smuggling. Taught by prosecutors, the goal was to strengthen the role played by law enforcement officers who are involved in combating these criminal offenses. Mid to senior level representatives from the Royal Malaysian Police, Immigration Department, Maritime Enforcement Agency, Labor Department, and Royal Malaysian Customs attended. The five workshops provided training to law enforcement officers in five different geographic zones within Malaysia covering the entire country. Each class had approximately 30 students leading to a total number of 148 law enforcement officers trained during these sessions. ¶3. (SBU) Deputy Public Prosecutor Dusuki Mokhtar and Assistant Public Prosecutor Adilla Ahmad ran the training programs. The workshop included presentations from the AGC's international affairs division on basic legal concepts of TIP and people smuggling as well as a general background on international law. The Royal Malaysian Police gave presentations on investigating TIP cases, the AGC's prosecution division covered prosecutions under the Anti-TIP Act, and the Department of Women's Development discussed protection of TIP victims. It was evident that the AGC made a concerted effort to provide basic TIP training to a significant number of law enforcement officers from all parts of Malaysia. ¶4. (SBU) The Deputy Pol Counselor, Poloff, and Political Assistant took turns participating as facilitators and evaluators during the case studies portion of the training, as did members of the Australian Federal Police. Embassy KL representatives made short presentations on TIP, concentrating on the need to treat the victims of TIP as victims as well as basic guidance on how to conduct the case studies. The course included six trafficking case studies wherein the students were to determine whether the facts warranted a criminal charge under the Malaysia ATIP Act of ¶2007. The case studies typically involved young girls being recruited to work legitimate jobs in Malaysia only to be forced to work in the sex industry after their arrival. The student groups would determine what criminal charges would apply, what legal procedures needed to be followed under the ATIP Act, and create an investigation plan regarding witness testimony, evidence collection, witness protection, and general case strategy. Some students excelled in the training and appeared to gain an understanding of how to investigate and criminally charge a trafficking case under the ATIP Act. ¶5. (SBU) The majority of the law enforcement officers were serious and put forth a significant effort to master the material. In general, the training was a positive first step in the providing of anti-TIP training to law enforcement officers throughout Malaysia. However, the training did identify some shortcomings. Some students clearly had no prior knowledge of the anti-TIP law and others who were familiar with the law were ill-prepared to implement it in practice. Each class had a vocal minority who consistently failed to recognize the victims of TIP as victims. This manifested itself in a tendency of law enforcement officers to assume that their witnesses would immediately cooperate with them regardless of treatment. Rather than discuss providing counseling services to the TIP victims, these KUALA LUMP 00000896 002.2 OF 002 officers would recommend jailing them as illegal immigrants. While this did not represent the majority of the class participants, it indicates that Malaysia has more work to do in the identification and treatment of TIP victims. PolOffs noted this concern to the classes and instructors. ¶6. (SBU) The AG's Chambers was appreciative of our continued support across the five training sessions. Follow-on training provided by the U.S. Department of Justice Office of Overseas Prosecutorial Development, Assistance, and Training team is scheduled for December 8-10 and 15-17 in Putrajaya. This training will include a judge, Assistant U.S. Attorney, FBI Agent, and victims' counselor with working experience in human trafficking cases. Interest in this training has been significant enough to warrant the scheduling of two training sessions of approximately 40 attendees per session. Representatives from the AG's Chambers, judiciary, TIP shelters, Royal Malaysian Police, Royal Malaysian Customs, Immigration Department, Maritime Enforcement Agency, and the Labor Department will attend. Significantly, this training will concentrate on the USG's victim-centered approach to handling TIP cases which coincides with one of the GOM's most compelling needs. The AG's Chambers offered a classroom/lecture hall in their training facility to serve as the training site. KEITH