Kodjo Attisso
Publications and news by Kodjo Attisso.
Publications
Returning Stolen Assets - Learning from past practice
Before the adoption of UNCAC, there was no policy or international legal framework guiding the disposal and monitoring of repatriated assets. As a result, there were no globally accepted rules to follow when repatriating confiscated assets to requesting countries.
Even after the adoption of UNCAC, global practice regarding the disposal of repatriated assets remains unclear. Indeed Article 57 (5) of UNCAC does not provide clear guidance in relation to the final disposal of confiscated assets.
The selected case studies in Peru, Nigeria, Kazakhstan and Angola explore the proactive and innovative practice of Switzerland in the past decade in recovering, repatriating and monitoring stolen assets.
These four cases, which are different from various aspects, in particular the types of the mechanism of monitoring, are insightful and yield some important lessons. The lessons drawn in the respective cases highlight the successes achieved as well as some challenges encountered. The Swiss experience has influenced reflection on existing policies and legislation regarding the disposal and monitoring of repatriated assets, including in the context of the introduction by the Federal Council of the Restitution of Illicit Assets Act (RIAA 2011) and, in May 2013, the opening of a consultation procedure on the draft of a new federal act on the freezing and restitution of potentates’ assets.
This selection of case studies has been drafted as background document to the two-day workshop on Returning Stolen Assets, organised by the Basel Institute on Governance’s International Centre for Asset Recovery (ICAR) in collaboration with the Directorate for Public International Law of the Swiss Federal Department of Foreign Affairs (FDFA/DPIL) in October 2013 in Küsnacht/Zürich, Switzerland.
Study on Anti-Corruption Architecture of the Republic of South Africa
The Basel Institute on Governance participated in several workshops between 8 and 9 October 2012 with key stakeholders of the South African anti-corruption system (Asset Forfeiture Unit of the National Prosecuting Authority, Special Investigating Unit, Department of Public Service Administration, South African Revenue Services, National Treasury, Directorate for Priority Crimes Investigations of the South African Police Services) at a special session hosted by the Anti-Corruption Task Team (ACTT).
The purpose of these workshops was to present the findings and recommendations of the report produced by the Legal and Case Consultancy Team of the Institute with regards to the South African anti-corruption architecture. The study had been commissioned by GIZ South Africa, with the purpose of providing, among others, an overview of the requirements for the anti-corruption architecture of South Africa and elaborating on the international discourse on the concept of independence of anti-corruption bodies. The study further provided a comparable case studies with five different jurisdictions.
During these two days in Pretoria, South Africa, the Legal and Case Consultancy team also had the opportunity to meet with prosecutors and financial investigators to discuss, at an operational level, the asset recovery process in the country. Finally, the Legal and Case Consultancy Team also had the opportunity to meet with the Executive Committee of the Special Investigating Unit to further discuss in detail the findings and recommendations of the report, with a view to assisting the South African Authorities in establishing a cohesive anti-corruption strategy for the country.
Working Paper 8: The recovery of stolen assets: seeking to balance fundamental human rights at stake
The recovery of stolen assets is a fundamental principle of the UN Convention against Corruption (UNCAC). By including this element in the said Convention, the international community recognizes the negative impacts on countries and populations deprived of the billions of dollars that are diverted each year by their corrupt leaders and public officials.
The confiscation and restitution of these illicitly acquired funds may benefit affected, generally poor, countries in urgent need of resources to finance, for example, social programs or infrastructural projects. As these assets are essential for the well-being of the population, their repatriation can thus contribute to repairing the damage caused by the embezzlement.
This paper intends to analyze the way in which fundamental human rights are susceptible to being violated by the illegal acquisition of personal wealth; these are essentially economic, social and cultural rights. Furthermore, the paper tries to identify who the victims are. It shows not only the necessity of punishing the perpetrators of corrupt practices but also underlines the need to guarantee that their fundamental rights, such as the presumption of innocence and the guarantee of property rights, are respected in the process of asset recovery.
Approaching the issue of asset recovery with a human rights perspective it becomes clear that asset recovery is a process whereby it is essential to respect not only the victims’ interests but also to preserve the rights of all persons concerned.
About this Working Paper
This paper is part of the Basel Institute on Governance Working Paper Series, ISSN: 2624-9650.