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Justice in Brunei Darussalam: A Media Article

Brunei Darussalam Takes Steps to Enhance Justice System

In its ongoing efforts to combat corruption and improve the overall justice system, Brunei Darussalam has taken several key steps to strengthen international cooperation mechanisms.

The country has pursued the establishment of criminal liability of legal persons in accordance with the United Nations Convention against Corruption (UNCAC) Article 25. This move aims to specify terms and conditions for triggering such liability, as well as define acts that may lead to criminal prosecution.

Moreover, Brunei Darussalam has ensured that the liability of legal persons does not prejudice the criminal liability of natural persons who committed the offenses. Sanctions against legal entities are designed to be effective, proportionate, and deterrent in nature.

Witness Protection

The country has also taken legislative and other measures to establish effective witness protection procedures, as required by UNCAC Article 27. This includes designating a central authority responsible for receiving and processing requests for assistance from foreign authorities.

Law Enforcement Cooperation

Brunei Darussalam has strengthened law enforcement cooperation with neighboring countries through various mechanisms, including the exchange of information and coordination of investigations. The country is also a member of the South East Asia Parties against Corruption (SEA-PAC) and cooperates closely with INTERPOL on matters related to law enforcement.

Good Practices and Challenges

The review team identified several good practices in Brunei Darussalam’s international cooperation mechanisms, including its existing channels of cooperation with counterparts in the same sub-region and links with INTERPOL. However, there are also challenges that need to be addressed, such as the country’s lack of a database for sharing information with foreign authorities.

Recommendations

To further enhance international cooperation mechanisms, Brunei Darussalam is recommended to consider notifying the UN Secretary General of its readiness to use UNCAC as a legal basis for extradition. The country should also explore legislative measures to allow for extradition in the absence of dual criminality and amend its extradition legislation to simplify evidentiary requirements.

By taking these steps, Brunei Darussalam can strengthen its international cooperation mechanisms and enhance its efforts to combat corruption and improve the overall justice system.

Conclusion

Brunei Darussalam’s commitment to strengthening its justice system is evident in its ongoing efforts to establish criminal liability of legal persons, protect witnesses, and enhance law enforcement cooperation. By addressing the challenges identified and implementing the recommended measures, the country can further strengthen its international cooperation mechanisms and contribute to a more just and equitable society for all citizens.