Brunei’s Criminal Justice System Raises Concerns over Inconsistent Application of Laws

Inconsistent Application of Laws Raises Concerns

A recent report has raised concerns over the inconsistent application of laws in Brunei’s criminal justice system, particularly when it comes to combating transnational organized crime and human trafficking.

• The country’s Internal Security Act serves as the primary legal framework for combating subversion, organized violence, and other crimes that threaten national security.
• Critics argue that the law is often applied selectively, with suspected perpetrators not being convicted of organized crime before having their assets confiscated.

Confiscation without Conviction Raises Concerns

• Brunei’s approach to confiscation stands out, as suspected perpetrators do not need to be convicted of organized crime to have their assets seized.
• This has raised concerns over the potential for abuse and lack of due process.

Inconsistencies in Human Trafficking Laws Raised Concerns

• The report highlights inconsistencies in the application of laws related to human trafficking.
• Despite the government establishing an inter-agency team to investigate potential cases, no traffickers have been prosecuted or convicted for four consecutive years.
• Concerns have been raised that this is due to misunderstandings about what constitutes trafficking and insufficient capacity among law enforcement agencies.

Lack of Transparency in Governance and Financial Systems

• The report also points out the lack of transparency in Brunei’s governance and financial systems, with significant assets held by the monarchy unlikely to be subject to scrutiny.
• The country’s Anti-Money Laundering Act covers money laundering within the country, but critics argue that the system does not align with good practices of financial transparency, allowing for a high degree of beneficial ownership and tax secrecy.

Limited Civil Society Activity and Restricted Press Freedom

• The report highlights the limited civil society activity in Brunei, with only non-Bruneian NGOs operating in the country.
• The government’s close oversight of civil society organizations has led to a scarcity of independent voices advocating for human rights and social justice.
• Additionally, press freedom is severely restricted in Brunei, with the state-controlled television station being the only source of news in the country.

Concerns over Human Trafficking and Exploitation

• The report raises concerns over human trafficking and exploitation in Brunei, particularly among foreign workers.
• The lack of protections for these workers suggests insufficient measures to guard against exploitation, with victims often being deported or convicted as irregular workers rather than being identified as victims of human trafficking.

Calls for Reform and Improvement

• The report concludes by calling for reform and improvement in Brunei’s criminal justice system, governance, and financial systems.
• It also emphasizes the need for increased transparency, accountability, and protection for vulnerable groups, including foreign workers and victims of human trafficking.
• In response to these concerns, civil society organizations and international partners are urging the government to take concrete steps towards improving the country’s human rights record and ensuring that its laws and institutions are fair, transparent, and accountable.