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News > Judge Seraj Speech in IAACA Annual Conference

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Judge Seraj Speech in IAACA Annual Conference

24 January 2019, Vienna- It is invariably a distinguished honor to be here and exchange my views on anti-corruption activities with my colleagues. I hope such meetings provide all theoretical and practical bases for more effective anti-corruption activities in the international community. Also, I would like conveying my gratitude to the host of this summit.

The United Nations Convention against Corruption is one of the great achievements and since 15 years of its active operation, it is still in its early stages. In fact, the UNCAC represent a reflection of anti-corruption activities in the domestic law of the countries that was casted on a more elevated level. Undoubtedly, my colleagues here that have experience of working on various levels of justice in the criminal justice system would appreciate that despite significant differences between domestic and international levels and unique circumstances In each area, we need to discuss our own experiences to enhance cooperation among nations and turn trans-national standards into action.

Nowadays, the criminal justice systems, along with being faithful to the principles of justice are moving toward a direction of restorative justice. From the standpoint of these systems, the victims either individually or collectively, are considered to be the main vulnerable of our social systems; thus, we judge and other activists of the criminal justice systems have to cooperate with scholars, academics and political agents to reduce the suffering of them and compensate them.

What motivated me to speak here was to encourage all to look at the phenomenon of restorative justice from at a more elevated level than domestic law and justice and introduce it to a broader international level. At this level, the concepts become broader and include broader considerations. My focus and emphasis on this level are on the two elements of the victim and restorative justice.

In domestic law, in most cases, a victim may involve an individual or a group, but the concept of victim when it is viewed from the global perspective is widespread and goes to remain the phenomenon of "the Nation-Victim" and we can recognize the restorative justice at this level as the Global Restorative Justice.

The semantic nature of concepts at macro levels remains the same as their micro definition and because of this type subscription in semantic sense, it is possible to scale micro, macro, national and transnational levels in many ways, the function of the concept remain the same.

Whenever criminal acts are committed and properties and assets are illegally transferred outside the borders of a country we can speak of victimization of a nation. From this point, the domestic cooperation between national authorities would enhance a collaborative effort between international institutions and tries to restore recover the assets and wealth and bring about the global justice.

The asset recovery represents the spirit of the United Nations Convention against Corruption and by the consolidation of the function of universal restorative justice, our cooperation can increases the hope of people for solidarity.

On the other hand, enhancing these collaborations and trying to find more effective mechanisms in this direction would enjoy the prospect of moving more expeditiously towards a system of international criminal justice system that ensures the access of victorious people to justice.

It has to be reminded that conventions and laws, although resulting from collective agreements and indications of the desire to achieve specific goals, but as long as the process of implementation allows no legitimate determination to perform them, lots of "but" and "if" hinders the process.

With regard to our efforts in this and other meetings, we must discover ways to encourage the sense of justice and real implementation of justice, although the implementation has habitually experienced conflicts and challenges with other interests.

Finally, it is important to note that the effective use of contemporary communication systems like mass media, academic educational cooperation, specialized conferences, NGOs, etc. can promote and optimize our work of fighting corruption. In addition, the asset recovery is one of the most important leaps to strength universal restorative justice and enhances international solidarity.

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