Delegation of the European Union
to Indonesia and Brunei Darussalam

Speech by H.E. Vincent Guérend, the EU Ambassador to Indonesia, at the Workshop on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors of Indonesia

Jakarta, 22/01/2019 - 18:00, UNIQUE ID: 190123_2
Speeches of the Ambassador

Speech by H.E. Vincent Guérend, the EU Ambassador to Indonesia, at the Workshop on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors of Indonesia

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Speech by H.E. Vincent Guérend, the EU Ambassador to Indonesia, at the Workshop on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors of Indonesia

 

Jakarta, 22 January 2019

 

Dr Arminsyah, SH, MSi, Deputy Attorney General of the Republic of Indonesia,

Mr Matteo Lucchetti, GLACY+ Project Manager, Council of Europe,

Trainers from the Philippines,

Participants from Indonesia,

 

Good morning,

As Ambassador of the European Union to Indonesia and Brunei Darussalam, it is a pleasure for me to open this Workshop on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors of Indonesia held under the project Global Action on Cybercrime Extended (GLACY+) funded by the EU and the Council of Europe.

I wish to extend my gratitude to the Attorney General’s Office of the Republic of Indonesia for organising and hosting this event as well as to the Supreme Court of the Philippines and the Council of Europe as long-standing partners in actions to fight cybercrime.

In these days, computers, smart phones and tablets are practically everywhere. It is not surprising that offences against and by means of computer systems, called cybercrime, are also practically everywhere; just a few examples are:

  • theft of personal data;
  • attacks against the dignity and integrity of individuals, in particular children;
  • in denial of service and other attacks against media or civil society organisations affecting the freedom of expression; and
  • attacks against public infrastructure or the misuse of information and communication technology (“ICT”) for xenophobia and racism or radicalisation and terrorist purposes.

What we see is that governments all over the world are not only struggling with increasing levels of cybercrime, but also trying to address the complexities of securing electronic evidence for any type of crime. The puzzle for criminal justice authorities is further complicated for electronic evidence that is stored in servers in foreign, multiple or unknown jurisdictions – the formidable “cloud”. With more and more information stored by using cloud services and the high mobility of information and criminals, cross-border cooperation of law enforcement authorities is nowadays crucial for most cybercrime investigations.

Clearly, the rule of law is jeopardised if only a small portion of cybercrime and other offences entailing electronic evidence is investigated and adjudicated, while states risk failing systematically in their positive obligation to protect the rights of individuals and society against crime. From an economic perspective, the cost entailed undermines gravely human development opportunities.

In this environment, judiciary and law enforcement authorities are confronted with immense difficulties in doing their job effectively. The traditional law enforcement mechanisms are often rendered ineffective in light of the complex features of cybercrime. To efficiently address these challenges we need:

  • To maximise the number of countries with comprehensive, compatible cybercrime-related domestic legislation that supports also international cooperation and is implemented by appropriately trained people.
  • To work together across borders: Build the cooperation mechanisms, trust and skills to share data to investigate, prosecute and reduce cybercrime.
  • To make sure that no safe havens exist for criminals and increase the capacities of law enforcement and judiciary authorities for effective investigations, prosecutions and convictions of cybercriminals.

At the same time there is a balance which must be struck:

  • We should be guided by the principles of necessity and proportionality.
  • And in doing so also ensure that fundamental rights and data protection are fully respected in the framework of any practical solution towards improving the enforcement of the rule of law in cyberspace and obtaining e-evidence in criminal proceedings.

The Budapest Convention on Cybercrime is the blueprint on how to fight cybercrime in the spirit of due process and full respect for fundamental rights. It is the most important legally binding international agreement on cybercrime. It provides the framework for harmonised, common definitions in criminalising cybercrime offenses as well as for the necessary procedural measures to provide law enforcement with effective means to investigate cybercrimes, guided by the principles of necessity and proportionality.

Having common legal and procedural standards is the foundation of international judicial cooperation. The convention further facilitates this by providing mechanisms for rapid and reliable international cooperation, including the expedited preservation of computer data and the network of 24/7 points of contact with designated central authorities in each member party to the convention.

The European Union (EU) – an organisation of 28 countries – has worked together with the Council of Europe (CoE) – an organisation of 47 member states – to fight cybercrime not only within its member states, but also beyond because cybercrime knows no borders. With the adoption of the EU Cybersecurity Strategy in 2013, the EU commenced an effort to engage with countries globally in international cyber cooperation.

The project Global Action on Cybercrime (GLACY) was a concrete output of this endeavour, launched in November 2013 to support seven priority countries, among them the Philippines, in their efforts to prepare for the accession to the Budapest Convention on Cybercrime.

The success of the project led to its expansion in 2016 with the Global Action on Cybercrime Extended (GLACY+) which brings us together today. It has a bigger budget: EUR 12 million EU/ EUR 1.3 million CoE. Given the Philippine commitment and its rich experience in driving the fight against cybercrime forward together with international partners, the Philippines functions as a platform to promote triangular cooperation. With this model, it is possible to promote cooperation and exchange of good practices to entire regions, with the ASEAN region being of particular importance. This is fully in line with the 2017 ASEAN Declaration to Prevent and Combat Cybercrime which calls to join efforts and to cooperate at the regional level in preventing and combating cybercrime.

Ladies and gentlemen, the Philippines acceded the Budapest Convention on Cybercrime in 2018. I am very pleased to see that Indonesia would like to take advantage of the wealth of expertise and knowledge gained by its neighbouring country Philippines and advocated for this workshop as a platform for learning and exchanging experiences. I hope that many more such opportunities will follow.

Working together across borders towards a safer and more secure world is a joint key interest of the European Union and its partners, among them Indonesia and the Philippines. In this spirit, I wish you a fruitful workshop.

Thanks for your attention!

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