Financial Crime World

Brunei’s Criminal Justice System Under Scrutiny

Challenges in Combating Subversion and Organized Crime

The Internal Security Act in Brunei is meant to combat subversion, organized violence, and other crimes that threaten the country’s stability and national security. However, a closer look at the implementation of this law reveals inconsistencies and limited examples.

  • Suspected perpetrators can have their assets confiscated without being convicted of organized crime, raising concerns about due process and human rights protection.
  • The approach to combating transnational organized crime is under scrutiny, with no traffickers prosecuted or convicted for the fourth consecutive year despite having an inter-agency team to investigate potential cases.

Brunei’s legal system is divided into secular and Sharia courts, with the latter following a strict interpretation of Islamic law. While civil and criminal law is based on English common law, enforced in secular courts, Sharia law is enforced in Sharia courts.

  • The country’s approach to combating human trafficking is also limited, with no dedicated facility for addressing this issue despite having rehabilitation and protection centers to assist victims.
  • Victims are likely to be deported and/or convicted as irregular workers, and the government has not allocated sufficient budget for trafficking-specific expenses.

Economic and Financial Environment Concerns

Brunei’s Anti-Money Laundering Act covers money laundering within the country, but significant assets held by the monarchy are unlikely to be subject to scrutiny. The country’s financial system does not align with good practices of financial transparency, allowing a high degree of beneficial ownership and tax secrecy.

  • The lack of national-level prevention strategies and limited civil society organizations also raises concerns about the ability to prevent and combat human trafficking.

Human Rights Concerns

Brunei’s absolute monarchy with no elected representatives at the national level has been criticized for restricting civil society, freedom of press, and civic space. The introduction of Sharia law has led to further restrictions, including the imposition of the death penalty for various offenses.

  • In conclusion, Brunei’s criminal justice system faces challenges in combating subversion, organized violence, and human trafficking.
  • Its economic and financial environment raises concerns about transparency and money laundering.
  • Civil society and social protection are limited, and human rights concerns persist.
  • The country must address these issues to ensure a more just and equitable society for all its citizens.