[{"data":1,"prerenderedAt":312},["ShallowReactive",2],{"news-oscar-solorzano-presents-at-xi-national-congress-of-judges-9":3,"news-oscar-solorzano-presents-at-xi-national-congress-of-judges-9-similar":39,"i-heroicons:arrow-left-20-solid":307},[4],{"id":5,"status":6,"date_created":7,"date_updated":8,"title":9,"type":10,"body":11,"date":12,"topic":13,"slug":14,"activity":15,"nid":16,"topics":17,"activities":18,"programme":19,"area":19,"websites":20,"language":19,"image":22,"translation_of":19,"countries":33,"tags":34,"authors":35,"images":36,"translations":37,"content":38},9913,"published","2022-05-26T22:57:24.000Z","2025-08-31T23:14:59.000Z","Oscar Solórzano presents at XI National Congress of Judges","","Dr. Oscar Solórzano, Country Manager of the Basel Institute on Governance - Peru Office, had the honour of participating in Peru’s XI National Congress of Judges on 22 November, 2018.\n\nDr Solórzano's presentation took place within the framework of the primary theme of the congress, namely the prevention and combating of corruption. The event was opened by the President of the Republic of Peru, Dr. Martín Vizcarra Cornejo.","2018-12-03",[10],"oscar-solorzano-presents-at-xi-national-congress-of-judges-9",[10],9,[],[],null,[21],"Main page",{"id":23,"storage":24,"filename_disk":25,"filename_download":26,"title":9,"type":27,"created_on":28,"modified_on":28,"charset":19,"filesize":29,"width":30,"height":31,"duration":19,"embed":19,"description":19,"location":19,"tags":19,"metadata":32,"focal_point_x":19,"focal_point_y":19,"tus_id":19,"tus_data":19,"uploaded_on":28},"d7667293-18d6-47fe-ad9a-838b20e47e3b","local","d7667293-18d6-47fe-ad9a-838b20e47e3b.webp","tmp.webp","image\u002Fwebp","2025-05-12T21:23:21.000Z",60536,1400,533,{},[],[],[],[],[],[],[40,71,93,137,179,203,231,259,283],{"id":41,"body":42,"status":6,"type":43,"date":44,"slug":45,"title":46,"image":47,"countries":48,"topic":50,"activity":52,"tags":55,"nid":56,"topics":57,"activities":59,"authors":60,"images":62,"websites":63,"area":19,"programme":19,"language":19,"translations":64,"translation_of":19,"user_created":65,"date_created":66,"user_updated":67,"date_updated":68,"content":69,"link":70},9708,"As part of a week-long virtual conference by the [Grupo de Estudios del Sistema Penal](https:\u002F\u002Fweb.facebook.com\u002FSP.grupodeestudios\u002F?epa=SEARCH_BOX), Head of Latin America and Senior Asset Recovery Specialist Oscar Solorzano presented in Spanish on the contested topic of non-conviction-based forfeiture of assets.\n\n### Recovering assets when a criminal conviction is not possible\n\nNon-conviction-based (NCB) asset forfeiture is a critical tool for recovering assets arising from corruption when a criminal conviction is not possible. Examples are when the wrongdoer has died or fled the jurisdiction, or is immune from prosecution.\n\nThe UN Convention against Corruption (UNCAC) and the Financial Action Task Force both support its use, and Peru has already managed to achieve landmark recoveries under its recently introduced NCB legislation, Extinción de Dominio, which is being implemented with ICAR support and training.\n\nBut in practice there are many hurdles to the full use of NCB forfeiture. A particularly frustrating hurdle is that some requested States refuse to provide mutual legal assistance in cases of NCB forfeiture because a similar mechanism doesn’t exist in their domestic legal framework.\n\nThe debate is a complicated one but crucial when a victim State is trying to recover the proceeds of corruption located in an international financial centre. The response to its request for assistance will depend on the nature and scope of the law that allows for foreign investigation.\n\nSome of these issues are summarised in these [notes from the ICAR-organised side event of the Conference of the States Parties](https:\u002F\u002Fwww.baselgovernance.org\u002Fblog\u002Fenforcing-non-conviction-based-confiscation-assets-europe-introducing-cosp-panel-discussion) to the UNCAC in Abu Dhabi last year, as well as in [Oscar Solorzano’s speech at that event](https:\u002F\u002Fwww.baselgovernance.org\u002Fblog\u002Ffavourability-principle-uncacs-plug-adapter-enforcement-non-conviction-based-confiscation).\n\nTo understand the practical implications, see also this interview with Specialised Prosecutor Hamilton Castro: [Landmark asset recovery case puts Peruvian non-conviction-based confiscation legislation to the test](https:\u002F\u002Fwww.baselgovernance.org\u002Fblog\u002Flandmark-asset-recovery-case-puts-peruvian-non-conviction-based-confiscation-legislation-test) (also in [Spanish](https:\u002F\u002Fwww.baselgovernance.org\u002Fblog\u002Fun-caso-historico-de-recuperacion-de-activos-pone-prueba-la-legislacion-peruana-de-extincion)).\n\n### No impediments please\n\nIn the online conference, after covering the main topics of debate Oscar Solorzano argued that legislators should strike a balance between the adoption of stronger confiscation laws and the legal rights of individuals.\n\nOn the one hand, he said, States wish to fight rampant financial criminality through increasingly incisive legal tools. On the other hand, several centuries of legal developments focused on the protection of individual rights creates a distortion that limits the possibilities for a victim State to investigate and execute seizures in the requested state without a criminal conviction.\n\nFrom our perspective, he concluded:\n\n*   When \"atypical\" confiscation laws pursue the proceeds of terrible crimes such as corruption…\n*   …when their nature does not constitute a penalty in the strict sense..\n*   …and when the procedural guarantees of individuals are respected in a fair trial…\n\nWe consider that there should be no impediment to providing international assistance – either during the investigation phase or during the execution of final judgments of foreign non-criminal confiscations.\n\n### See more\n\n*   [View recorded presentation by Oscar Solorzano](https:\u002F\u002Fwww.facebook.com\u002F1782369252011516\u002Fvideos\u002F274459576988248\u002F?__so__=channel_tab&__rv__=latest_videos_card)\n*   [Training for specialised Peruvian prosecutors in new non-conviction-based confiscation legislation](https:\u002F\u002Fwww.baselgovernance.org\u002Fnode\u002F947)\n*   [New specialised courts to apply novel Extinción de Dominio legislation in Peru](https:\u002F\u002Fwww.baselgovernance.org\u002Fnode\u002F913\u002F)\n*   Stefan Mbiyavanga, Legal Specialist for Latin America, also spoke about challenges and best practices for recovering assets hiding in international financial centres. See his key points and recording [here](https:\u002F\u002Fwww.baselgovernance.org\u002Fnews\u002Frecovering-assets-hidden-international-financial-centres-stefan-mbiyavanga-presents-latin).","News","2020-07-15","oscar-solorzano-sets-out-the-arguments-for-non-conviction-based-forfeiture-in-online-conference-1814","Oscar Solorzano sets out the arguments for non-conviction-based forfeiture in online conference","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F3494fdde-fdb8-4b59-a54f-87a9c97341f8?width=1000&height=650&format=webp&quality=80",[49],7408,[51],"Asset Recovery",[53,54],"Insights","Presentations",[],1814,[58],"Asset Recovery and Enforcement",[53,54],[61],1220,[],[21],[],"03bebfd8-0b40-4a2a-820d-b9d9c13b9de6","2022-05-26T22:54:36.000Z","3d9ff205-1640-4f34-b5b6-86977f51bbd6","2026-05-29T22:21:51.000Z",[],"\u002Fresources\u002Fnews\u002Foscar-solorzano-sets-out-the-arguments-for-non-conviction-based-forfeiture-in-online-conference-1814",{"id":72,"body":73,"status":6,"type":43,"date":74,"slug":75,"title":76,"image":77,"countries":78,"topic":79,"activity":80,"tags":81,"nid":82,"topics":83,"activities":84,"authors":85,"images":87,"websites":88,"area":19,"programme":19,"language":19,"translations":89,"translation_of":19,"user_created":65,"date_created":90,"user_updated":67,"date_updated":68,"content":91,"link":92},9709,"Stefan Mbiyavanga, Legal Specialist for Latin America, recently gave an in-depth presentation on challenges and best practices for recovering assets hiding in international financial centres as part of an online conference by the [Grupo de Estudios del Sistema Penal](https:\u002F\u002Fweb.facebook.com\u002FSP.grupodeestudios\u002F?epa=SEARCH_BOX).\n\nThe week-long conference, in Spanish, sought to disseminate perspectives on asset recovery, non-conviction-based confiscation and mutual legal assistance (MLA) to practitioners and law students in Latin America.\n\nSpeakers from Peru, Spain, Andorra and Switzerland, including Oscar Solórzano, the Basel Institute’s Head of Latin America and Senior Asset Recovery Specialist, shared their experiences and international best practices.\n\n### Key points on recovering assets in financial centres\n\nStefan Mbiyavanga spoke about recent experiences related to the identification and seizure of bribery funds in the context of the Odebrecht\u002FLava Jato probes in Peru, Switzerland and Brazil. Key points are:\n\n*   Among the main challenges for asset recovery by victim countries are the systematic use of networks of offshore corporations and overseas bank accounts by bribe recipients. \n*   The detection of stolen assets is complicated further by the fact that bribe payments are often made via slush funds, shadow bankers (also referred to as _doleiros_), as well as cash transactions.\n*   Spontaneous transmissions of information by jurisdictions harbouring financial centres are frequently at the origin of asset recovery investigations by victim countries. \n*   Deficiencies in MLA procedures continue to be a major stumbling block for asset recovery efforts. For instance, authorities in important financial centres are not able to share banking information without a prior notification to the holder of the bank account in question.\n*   Latin American countries increasingly rely on amnesty agreements and plea bargaining in their corruption probes. However, these tools do not make traditional asset recovery techniques less important. \n\n[View the recorded presentation](https:\u002F\u002Fweb.facebook.com\u002FSP.grupodeestudios\u002Fvideos\u002F718428385401070\u002F).\n\n### About the conference organisers\n\nThe Grupo de Estudios del Sistema Penal is an initiative started by Peruvian law students. Its mission is to provide a platform to disseminate academic lectures online while universities are closed due to the covid-19 pandemic. Since its launch on Facebook in February 2020, the group has since gained almost 17,000 followers.","2020-07-14","recovering-assets-hidden-in-international-financial-centres-stefan-mbiyavanga-presents-to-latin-american-study-group-on-facebook-live-1811","Recovering assets hidden in international financial centres – Stefan Mbiyavanga presents to Latin American study group on Facebook Live","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fd9f07ae0-feb5-4857-aa35-3a20ec1be397?width=1000&height=650&format=webp&quality=80",[],[51],[54],[],1811,[58],[54],[86],1222,[],[21],[],"2022-05-26T22:54:37.000Z",[],"\u002Fresources\u002Fnews\u002Frecovering-assets-hidden-in-international-financial-centres-stefan-mbiyavanga-presents-to-latin-american-study-group-on-facebook-live-1811",{"id":94,"body":95,"status":6,"type":96,"date":97,"slug":98,"title":99,"image":100,"countries":101,"topic":117,"activity":118,"tags":120,"nid":125,"topics":126,"activities":127,"authors":128,"images":130,"websites":131,"area":19,"programme":19,"language":19,"translations":132,"translation_of":19,"user_created":65,"date_created":133,"user_updated":67,"date_updated":134,"content":135,"link":136},10462,"_A new guide to non-conviction based forfeiture published by GAFILAT, the Latin American body of the Financial Action Task Force (FATF) sets out good practices for this powerful but under-used form of asset recovery legislation. It also emphasises the need for laws to align with both domestic constitutions and international human rights standards._\n\n_The GAFILAT guide was drafted by Oscar Solórzano in collaboration with the region’s Asset Recovery Network (RRAG). Oscar is Head of Latin America at the Basel Institute on Governance and a Senior Asset Recovery Specialist with many years of experience supporting government partners across Latin America in high-profile, complex cases of corruption and asset recovery._\n\n_In this Q&A, he explains the approach, relevance and impact of the_ [_Guía de Buenas Prácticas sobre Extinción de Dominio y Decomiso no Basado en Condena_](https:\u002F\u002Fcopolad.eu\u002Fwp-content\u002Fuploads\u002F2024\u002F07\u002FCOPOLAD_Publicaciones_Guia_de_Buenas_Practicas_sobre_Extincion_de_Dominio.pdf)_, which was published by GAFILAT in 2024 and financed by EU member states through the_ [_COPOLAD III_](https:\u002F\u002Fcopolad.eu\u002Fen\u002F) _cooperation programme. COPOLAD III is a consortium led by the Italo-Latin American Association (IILA) and FIIAPP of the Spanish Cooperation._\n\n### 1\\. What is the guide about and who is it for?\n\nThis is a guide to good practices in non-conviction based forfeiture for Latin America. It analyses the existence and implementation of non-conviction based forfeiture mechanisms in the 18 GAFILAT countries, which provided useful data during the drafting process and very detailed comments during the review.\n\nThe guide contains an analysis of economic criminality in Latin America and the public policy response. It also addresses the essential concepts and standards applicable to non-conviction based forfeiture, presents case studies and explores available data from GAFILAT countries.\n\nPolicymakers, legislators, law enforcement and judicial practitioners, law students and civil society – including journalists who report on these complex topics – will benefit from the guidance.\n\n### 2\\. Why is there a need for guidance?\n\nThe expansion of non-conviction based forfeiture legislation has accelerated in Latin America in recent years, and not necessarily in the most coordinated or harmonised way. In line with the [updated FATF standards relating to asset recovery](https:\u002F\u002Fbaselgovernance.org\u002Fblog\u002Ffatf-seeks-change-landscape-international-asset-recovery-what-means-latin-america), it is expected that it will continue to expand in the region.\n\nIn effect, the FATF’s updated Recommendations 4 and 38 make the adoption of non-conviction based forfeiture laws mandatory and seek to ensure that decisions based on these laws can be enforced internationally.\n\nThe guide therefore appears at an ideal time. It proposes a way to harmonise this type of law while respecting the legislative diversity that exists in the region.\n\n### 3\\. The idea is that non-conviction based forfeiture can reduce economic and organised crime – even without the threat of criminal convictions. Can you justify that?\n\nEconomic crimes are perpetrated for the purpose of obtaining illicit economic advantages. Laws that reduce such economic advantages are a concrete step forward. And jurisdictions with more powerful and varied legal tools are more likely to see their crime rates decrease, simply because there is a concrete societal response to the criminal phenomenon.\n\nWithout comprehensive asset recovery laws and an effective judicial apparatus to implement them, various incentives for engaging in profitable criminal activity arise. Some studies show that the lack of effective legal mechanisms targeting criminal assets has, among other things, allowed an explosion of organised and economic crime in Latin America in all its manifestations.\n\nThe same goes for the growth of public-sector corruption. Assets stolen through corruption have rarely been confiscated in the past, when asset recovery was only possible in the context of criminal proceedings. \n\nIt is naïve to think that a legislative instrument alone can change the reality of crime in Latin America, where the most fearsome drug cartels operate and, according to all international indices, corruption is rampant from north to south. However, the empirical experience I have gathered while working for almost 15 years in this part of the world indicates that there is a (positive) difference in the criminal situation of countries that effectively implement asset recovery mechanisms.\n\nA robust legal toolkit for asset recovery also alters the behaviour of criminal organisations, which have to bear higher costs to develop more sophistication in their criminal activities or simply relocate their activity to jurisdictions less equipped with legal tools and the ability to wield them.\n\nIn Peru, to take a positive example, non-conviction based forfeiture is proving a powerful way to get at numerous politicians who have been accused of corruption, but where criminal proceedings seem to be never-ending. The independence of Peru’s non-conviction based forfeiture law from criminal procedures allows prosecutors to target assets even if their owners inevitably slip through the nets of justice.\n\n### 4\\. What does the guide show about the prevalence and success of different forms of non-conviction based forfeiture in the region?\n\nOn paper, there has been a lot of progress in the adoption of non-conviction based forfeiture in Latin America. Only two countries in the region do not have any form of non-conviction based forfeiture law. The most predominant form is arguably [Extinción de dominio](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Flatin-americas-model-law-non-conviction-based-forfeiture-illicit-assets-turns-10-what-now), which has existed for 13 years. Ten out of the 18 countries have incorporated it into their legal arsenals and apply it in various forms and degrees.\n\nExtinción de dominio is a flexible law that can operate in civil, criminal or administrative matters, or even completely independently. It has developed specific concepts that make it possible to broaden the grounds for asset forfeiture. It lists an extensive catalogue of rights of the defence which, as stated in the Guide, seem to go far beyond the internationally established standard.\n\nIn practice, however, recovery rates remain modest in relation to the volume of criminal assets generated in and flowing through the region. The best practices guide argues that a lack of effective implementation of existing laws partially explains the poor performance. The quality of implementation is influenced by political, economic and social interests. These are not necessarily addressed in the guide, which limits itself to technical and legal issues. \n\nHowever, the guide proposes some concepts and comparative practices that have the modest objective of guiding national authorities in applying this indispensable tool.\n\n### 5\\. What are success factors and challenges?\n\nIn many Latin American countries, non-conviction based forfeiture is only taking its first baby steps. But from a Darwinian perspective of law – i.e. survival of the fittest – I observe that the laws that thrive are those that align with international standards and the constitutional rights of the countries that adopt them. In other words, those laws that develop around recognised global standards and practices but that are also designed to work in specific local contexts. \n\nSince 2020, together with my colleagues and many passionate and competent local partners, I have implemented programmes promoting non-conviction based forfeiture laws in the region. That experience has helped me to see that there is a group of countries that have what we can call a “European” approach to the issue, and whose laws apply only in a narrow set of scenarios.\n\nOthers have more hard-hitting practices that evoke the laws used in countries such as the United States, and have transposed common law practices and principles into civil law frameworks without further reflection. Despite an increase in asset recovery rates, in many cases this has led to distortions and challenges, which are partially explored in the guide.\n\n### 6\\. What does the guide tell us about non-conviction based forfeiture in international cases?\n\nInternational asset recovery is a very different animal from domestic asset recovery and has political implications.\n\nThat said, since 2014 several Latin American countries have tried to pierce the once impenetrable veil of the European financial system with non-conviction based forfeiture procedures. Switzerland and then Luxembourg were the first European countries to accept these laws as valid, in particular in relation to decisions based on Extinción de dominio. Today, almost all countries accept provisional measures based on these laws and some can directly enforce the resulting decisions.\n\nEven if the practice of enforcing non-conviction based forfeiture judgments is not abundant, we hope that the new standards adopted by the FATF on this matter will help to accelerate international asset recovery.\n\n### 7\\. The guide emphasises the need to align laws with international human rights standards. Why?\n\nIn my opinion, this is fundamental. It is inconceivable that the ideals of justice can be achieved to the detriment of human rights.\n\nRather than a random matter left to the discretion of states, respecting human rights in the adoption of non-conviction based forfeiture laws is an international treaty obligation. Most countries adhere to the so-called _control of conventionality_ doctrine, i.e. the obligation to align any domestic legal instrument or practice with binding rules arising from international treaties such as the American Convention of Human Rights. This presupposes that the adoption of any domestic rule and practice on non-conviction based forfeiture must respect human rights and the practice of human rights courts. This is a condition _sine qua non_ of any asset recovery law.\n\nThe guide cites two examples of setbacks to the use of non-conviction based forfeiture laws in the region on the basis of human rights deficits. We can agree or disagree with the premises used by the countries’ High Courts to reach their conclusions. But what is clear is that (a lack of consideration for) human rights can also play a paralysing role. This challenge is vividly illustrated in Peru right now, where the Ombudsman has [filed a claim](https:\u002F\u002Flarepublica.pe\u002Fpolitica\u002Fjudiciales\u002F2024\u002F08\u002F08\u002Fdefensor-del-pueblo-josue-gutierrez-quiere-traerse-abajo-la-ley-de-extincion-de-dominio-tribunal-constitucional-691474) against the use of non-conviction based forfeiture with the Constitutional Tribunal on the grounds that it could violate the right to property and the principle of the presumption of innocence.\n\nOn a more positive note, a human rights lens can enhance the application of this type of law, especially in the context of international cooperation.\n\n*   On the one hand, more attention to human rights brings more legitimacy and acceptance to laws and therefore better recovery rates.\n*   On the other hand, a human rights lens also offers national legislators the ability to adopt more incisive standards when there are, for example, elements of organised crime or other exceptional conditions that make the application of some human rights more flexible. \n\n### 8\\. How does the guide help navigate the human rights topic in practice?\n\nAs the guide explains through a study of the jurisprudence of the European Court of Human Rights, the issue is constantly evolving. The guide provides Latin American legislators and practitioners with examples of how to develop the human rights approach in a clearer way and enables them to critically review concrete non-conviction based forfeiture cases in various parts of the world. It emphasises two human rights that are central to non-conviction based forfeiture: the right to property and the right to a fair trial.\n\nThis will be enormously beneficial in ensuring that new or revised non-conviction based forfeiture laws in Latin America are in line with the updated FATF Recommendations. The guide advocates for the adoption of laws that are in harmony with human rights principles and specifies that their international enforcement is a recognised standard. Similarly, the interpretative notes to the revised FATF Recommendations 4 and 38 – and the very coherence of the FATF system – indicate that the respect for human rights is fundamental to the adoption and application of these laws.\n\nThe human rights perspective is likely to be an important element in the forthcoming fifth round of FATF Mutual Evaluations in GAFILAT countries, where the technical compliance and effectiveness of these laws with FATF standards will be under the microscope.\n\n### Learn more\n\n*   See the [_Guía de Buenas Prácticas sobre Extinción de Dominio y Decomiso no Basado en Condena_](https:\u002F\u002Fcopolad.eu\u002Fwp-content\u002Fuploads\u002F2024\u002F07\u002FCOPOLAD_Publicaciones_Guia_de_Buenas_Practicas_sobre_Extincion_de_Dominio.pdf)_._\n*   Read a related blog by Oscar Solórzano: [FATF seeks to change the landscape of international asset recovery: what this means for Latin America](\u002F\u002F\u002FFATF%20seeks%20to%20change%20the%20landscape%20of%20international%20asset%20recovery\u002F%20what%20this%20means%20for%20Latin%20America).","Blog","2024-08-08","new-gafilat-guide-why-asset-recovery-laws-need-to-align-with-human-rights-and-other-international-standards-2662","New GAFILAT guide: Why asset recovery laws need to align with human rights and other international standards","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F3af4fdb5-27e3-4ebb-8261-dffe69341682?width=1000&height=650&format=webp&quality=80",[102,103,104,105,106,107,108,109,110,111,112,113,114,115,116],7100,7101,7102,7103,7104,7105,7106,7107,7108,7109,7110,7111,7112,7113,7114,[51],[53,119],"International cooperation",[121],{"tags_id":122},{"id":123,"name":124},1379,"Non-conviction based forfeiture",2662,[58],[53,119],[129],1105,[],[21],[],"2024-08-08T16:01:40.000Z","2026-05-29T22:22:30.000Z",[],"\u002Fresources\u002Fnews\u002Fnew-gafilat-guide-why-asset-recovery-laws-need-to-align-with-human-rights-and-other-international-standards-2662",{"id":138,"body":139,"status":6,"type":96,"date":140,"slug":141,"title":142,"image":143,"countries":144,"topic":146,"activity":148,"tags":151,"nid":167,"topics":168,"activities":169,"authors":170,"images":172,"websites":19,"area":19,"programme":19,"language":173,"translations":174,"translation_of":19,"user_created":65,"date_created":175,"user_updated":65,"date_updated":176,"content":177,"link":178},10596,"_Our colleague Límberg Chero has played an important role in establishing the Basel Institute’s strong presence in Peru. From the early years – even before a formal office existed in Lima – to his current work with the [Subnational Public Finance Management Programme](https:\u002F\u002Fbaselgovernance.org\u002Fpublic-finance-peru) ([Programa GFP Subnacional](https:\u002F\u002Fwww.gfpsubnacional.pe\u002F)), his journey reflects a great passion for fighting corruption. It began far from the capital, in an ancient town in northern Peru, and was strengthened through rigorous academic training and years of public service._\n\n_This article is part of a series on careers in fighting financial crime and opportunities to learn and study with the Basel Institute._\n\n### The take-off in Peru\n\nMy journey at the Basel Institute on Governance began even before the Lima office existed.\n\nIn 2014, together with colleagues from the Basel Institute – including our dearly missed Managing Director of two decades, Gretta Fenner, and my colleague Óscar Solórzano – we launched a public finance management project funded by the State Secretariat for Economic Affairs of Switzerland (SECO).\n\nAlthough centred on macroeconomics and fiscal policy, its essential goal was to make the public budget tangible and meaningful for citizens.\n\nTo do this, we moved beyond traditional approaches and integrated innovative tools, like the use of behavioural science to prevent corruption and foster integrity in the management of public finances. This comprehensive perspective – a novelty in Peru at the time – was key to the project proposal’s success.\n\nSince then, the Subnational Public Finance Management Programme for regional and municipal governments in Peru has retained SECO’s trust for more than 10 years.\n\nThe secret behind this success lies not only in improved processes and fiscal discipline, but in the continuous work with people committed to change. Internally, the Basel Institute’s team is multidisciplinary, open to change and committed to bridging practice and academic insight.\n\n### Bridging differences for sustainability\n\nWorking at the Basel Institute on Governance is truly a privilege. Our Lima office has gained remarkable regional recognition thanks to a distinctive approach: practical, rigorous and focused on building strong relationships with key actors in the fight against corruption, money laundering and terrorist financing.\n\nI currently lead the Subnational PFM Programme’s Interinstitutional Coordination, ensuring the programme’s effectiveness and, above all, the sustainability of reforms at subnational levels, in alignment with national efforts.\n\nThis work requires the continuous reconciliation of the different “languages”, worldviews and objectives of people across Peru’s diverse regions.\n\nOur aim is to craft strategies and messages that resonate equally to ministries, regional governments and municipalities – aligning technical agendas with political ones, and engaging civil society and academia along the way.\n\nThis challenge becomes more manageable because of my background: I come from an ancient town in northern Peru, Monsefú. Being perceived as someone close yet trained in competitive academic and professional environments fosters trust and legitimacy.\n\n### From economics to a global mission\n\nAs a child, leaving my town felt impossible. Universities were located in other regions and the educational options available largely led to local career paths tied to a modest economy with little real opportunities. At that time, the country had not yet experienced the trade openness or business development it has today.\n\nThrough hard work and the trust of people who believed in me, however, I earned scholarships that allowed me to study in highly competitive environments in Peru’s capital, Lima, more than 1,000 kilometres away from my hometown.\n\nMy foundations were solid: I completed my undergraduate studies in economics and later specialised through the Central Bank’s Economics Programme, which admits only 30 candidates out of thousands of applicants, as well as through an internship at the World Bank in Korea.\n\nI worked as an economist at institutions such as the Ministry of Economy and Finance, the Central Reserve Bank of Peru, the Andean Community (CAN) and the Inter-American Development Bank (IDB).\n\nAt that time, my professional life felt complete: it combined specialised technical work with teaching and active participation in international networks. These included the Andrés Bello Agreement Network, which brought together university researchers from multiple countries to reflect on and advance regional integration in Ibero-America, as well as the Puentes Network, which focused on promoting transparency in investment by Latin American companies.\n\nBut everything changed when I fully grasped the scope of the challenges posed by global corruption. I never imagined my economics degree would only be the starting point of a much bigger journey. From that moment on, my purpose became clear: to dedicate all my experience to strengthening this fight against forces that hinder global prosperity.\n\n### Innovating with little budget\n\nIn Latin America, the Basel Institute is known for results-oriented innovation. I have witnessed firsthand how every new skill quickly finds a practical application and how we can make significant contributions without the need for additional funding.\n\nFor example, I could draw on my Master’s degrees in Process Innovation and Government Control, and in Public Management and Education (Andragogy) to enrich various initiatives we pursued, such as:\n\n*   supporting regional governments in implementing structural reforms in significantly shorter timeframes;\n*   strengthening Peru’s [Public Finance Management Experts Network](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fswiss-support-public-finance-management-experts-network-peru), which was recognised during [Peru’s National Innovation Week](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fperus-innovation-week-showcases-training-concept-our-public-finance-management-team);\n*   and reducing dropout rates and increasing course completion in our Internal Control and Integrity courses through, among other things, the introduction of “virtual coffee breaks”.\n\nDuring the pandemic, we leveraged my background in education to [enhance our online learning and training approach and results](https:\u002F\u002Fbaselgovernance.org\u002Fblog\u002Fhow-design-virtual-training-course-works-your-context-experiences-peru). For example, we started to deliver courses and training across the country via Facebook, a platform that at the time did not charge for mobile data usage and allowed public officials to participate even using low-end mobile phones. These courses have since been integrated into [Basel LEARN](https:\u002F\u002Flearn.baselgovernance.org\u002F) – the Basel Institute’s online training and learning hub.\n\nTogether, these efforts enabled us to develop courses that reached more than 6,000 participants in five years – all without additional funding.\n\n### It’s all about people\n\nMy work has focused on ensuring the sustainability of tangible improvements to public finance management that the PFM Programme’s experts helped implement in areas as varied as:\n\n*   distribution of vaccines and educational materials for children;\n*   property tax collection in major cities;\n*   restitution of confiscated funds;\n*   and the fight against “green corruption”.\n\nIn this context, the most valuable asset is our network. I have more than 20,000 contacts on my business phone – all professionals who directly or indirectly contribute to the Programme’s goals, and above all, friends committed to building a better Peru.\n\nThis network generates mutual benefits: it enables the rapid dissemination of good practices, drastically reduces event preparation costs (we secure many venues at zero cost) and ensures massive impact.\n\nColleagues across the Basel Institute are a vital part of this network. Our close collaboration has led me to take part in a wide range of diverse and fascinating projects – from serving as a director and writer for several programme-produced videos, to moderating international events on asset recovery, and exchanging methodologies used in public finance management that can be applied to asset recovery and repatriation.\n\n### The foundation that inspires and sustains hope\n\nThe Peruvian context presents unique challenges. There is high political volatility, evidenced by the fact that there have been eight presidents in the past 10 years despite only two presidential elections in that period. This means that “VUCA” (volatility, uncertainty, complexity and ambiguity) and the notion of “chaos” are part of daily life.\n\nYet, beneath this instability lies a “subsoil” of ethically committed public officials and technical professionals who allow progress to continue. They are my daily source of inspiration.\n\nAs I often say: There are more good people than bad – they just make less noise. This reflects a reality: the visible efforts of honest Peruvians provide a stronger foundation than the corruption cases that shake us, even if public perception sometimes suggests otherwise.\n\nIn sum, I am deeply grateful for the privilege of engaging with my country and its challenges through work that strengthens public integrity and the fight against corruption. Thank you, Basel Institute – and its magnificent team around the globe – for allowing me to continue serving the world, and especially my country.\n\n### Inspired?\n\nTake a look at the learning opportunities we offer at the Basel Institute for individuals who are equally passionate about fighting corruption and financial crime:\n\n*   [Basel LEARN](https:\u002F\u002Flearn.baselgovernance.org\u002F) – our online training and learning hub with free eLearning courses and lots more\n*   [Basel STUDY](https:\u002F\u002Fbaselgovernance.org\u002Fstudy) – our postgraduate programmes on anti-corruption and asset recovery with the University of Basel","2026-01-12","a-career-with-purpose-in-public-finance-management-limberg-chero-2905","A career with purpose in public finance management: Límberg Chero","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F0c87b8d7-c3ce-4c9f-912f-8bde8973453d?width=1000&height=650&format=webp&quality=80",[145],7801,[147],"Public Finance Management",[149,150,53],"Training","eLearning",[152,156,160,164],{"tags_id":153},{"id":154,"name":155},982,"Anti-corruption",{"tags_id":157},{"id":158,"name":159},867,"Financial crime",{"tags_id":161},{"id":162,"name":163},1300,"Education",{"tags_id":165},{"id":166,"name":149},1372,2905,[147],[149,150,53],[171],1366,[],"English",[],"2026-01-12T11:01:44.000Z","2026-01-12T11:01:45.000Z",[],"\u002Fresources\u002Fnews\u002Fa-career-with-purpose-in-public-finance-management-limberg-chero-2905",{"id":180,"body":181,"status":6,"type":43,"date":182,"slug":183,"title":184,"image":185,"countries":186,"topic":188,"activity":189,"tags":191,"nid":192,"topics":193,"activities":194,"authors":195,"images":196,"websites":197,"area":19,"programme":19,"language":19,"translations":198,"translation_of":19,"user_created":65,"date_created":199,"user_updated":67,"date_updated":200,"content":201,"link":202},9910,"Promising young researcher Stefan Mbiyavanga has been selected to present his latest work at the [OECD Global Anti-Corruption & Integrity Forum](http:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fintegrity-forum\u002F) on 20 and 21 March 2019. \n\nStefan's application was among the top 10 of 146 entries to the OECD's [Youth ResearchEdge Competition](http:\u002F\u002Fwww.oecd.org\u002Fcorruption\u002Fintegrity-forum\u002Facademic-papers\u002F), which provides a platform for young researchers to present fresh insights and evidence on corruption-related topics.\n\nThe research is entitled: [Beefing up Asset Confiscation for 21st-Century Challenges: Non-conviction based Confiscation in Latin America](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2018-12\u002FMbiyavanga_Beefing%20up%20asset%20confiscation.pdf). It explores the practical and legal issues around the increasing use of non-conviction based confiscation of assets in Latin American countries. Some of the findings come from Stefan's collaboration in the summer of 2018 with Oscar Solórzano, Country Manager of the Basel Institute's subsidiary office in Peru and a Senior Asset Recovery Specialist.\n\nStefan's work was selected for the Gold Poster Category, which means a poster and paper presenting the research will be published on the OECD website. During the conference, Stefan will also give a short presentation.\n\nStefan Mbiyavanga is a graduate student of international economic law at the University of Basel, Switzerland. In February 2019, he will relocate to Lima, to work at the [Peru country office of the Basel Institute on Governance](\u002Fnode\u002F236), while also writing his Ph.D. under the supervision of Prof. Mark Pieth. During his two-year stay in Peru, he will conduct research in the fields of economic crime, confiscation and mutual legal assistance to support Basel Institute cases and create academic works.","2018-12-15","stefan-mbiyavanga-to-present-at-2019-oecd-global-anti-corruption-amp-integrity-forum-24","Stefan Mbiyavanga to present at 2019 OECD Global Anti-Corruption & Integrity Forum","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F1c9962e2-2646-4096-bf9a-41dc53758a1c?width=1000&height=650&format=webp&quality=80",[187],7510,[51],[190],"Research",[],24,[58],[190],[],[],[21],[],"2022-05-26T22:57:22.000Z","2026-05-29T22:22:03.000Z",[],"\u002Fresources\u002Fnews\u002Fstefan-mbiyavanga-to-present-at-2019-oecd-global-anti-corruption-amp-integrity-forum-24",{"id":204,"body":205,"status":6,"type":43,"date":206,"slug":207,"title":208,"image":209,"countries":210,"topic":214,"activity":216,"tags":217,"nid":218,"topics":219,"activities":220,"authors":221,"images":222,"websites":223,"area":19,"programme":19,"language":173,"translations":224,"translation_of":19,"user_created":65,"date_created":226,"user_updated":227,"date_updated":228,"content":229,"link":230},10507,"[_Leer versión en español aquí_](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Funidos-para-proteger-los-bosques-amazonicos-y-sus-comunidades-frente-la-corrupcion)\n\nBolivia, Ecuador and Peru are home to some of the world’s most important forests, and timber is a valuable natural resource. Protecting forests from threats posed by corruption is essential not only for protecting biodiversity and mitigating climate change, but also for protecting the livelihoods of local communities.\n\nTackling forestry-related corruption is a task that transcends country borders and requires the active participation and collaboration of government authorities, experts and representatives of civil society and local Indigenous communities.\n\nThat’s why we were thrilled to bring together national and subnational forestry agencies from Bolivia, Ecuador and Peru on 22–24 October 2024 for the first Regional Meeting on Anti-Corruption in Forest Management. They were joined by forest governance experts and civil society representatives committed to transparency and sustainability in natural resource management.\n\nThe event took place under a [Green Corruption](https:\u002F\u002Fbaselgovernance.org\u002Fgreen-corruption) project funded by the U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs and the UK's Conflict, Stability and Security Fund. It was held in the city of Moyabamba in San Martín, Peru, whose government is a long-standing partner of our [Public Finance Management](https:\u002F\u002Fbaselgovernance.org\u002Fpublic-finance-peru) programme.\n\n### Sharing knowledge and best practices\n\nThe meeting provided a platform for participants to share the results of their implementation of corruption risk management plans in their respective forestry sectors – a process carried out with our Green Corruption team’s technical assistance.\n\nAldo Bautista, Senior Specialist, Corruption Prevention in the Green Corruption programme, explained\n\n> Under this project, our team has been working hand in hand with six environmental agencies across Bolivia, Ecuador and Peru, including national entities responsible for forest management. The resulting corruption risk assessments and management plans are focused on the timber value chain and on the conservation of protected areas. The five corruption risk management plans that we co-developed with our government partners highlight 21 high-priority risks in total and 33 mitigation measures that are being implemented with our team’s technical assistance.\n\nThe six beneficiary agencies presented their corruption risk plans and the mitigation measures they had implemented to not only prevent corruption but also enhance the efficiency and transparency of forest management. The measures ranged from improvements to processes and regulations to technological innovations, capacity building, intercultural communication and the strengthening of enforcement and penalties.\n\nIn addition, specialised agencies shared innovative approaches and tools to further enhance transparency and controls in forest management.\n\n### Controls in practice: a low-cost smart microscope to verify timber\n\nThe meeting also included field visits to see the impact of anti-corruption measures on the ground. At the national forestry control point of Aguas Claras, for example, participants saw how strategic inspection points help to reduce cases of illegal logging by ensuring that all timber products can be traced and their legal origin verified.\n\nThe participants were particularly interested in the small, low-cost digital microscope that San Martín inspectors use to verify the timber being transported out of the area. Connected to a smartphone, the microscope allows inspectors to quickly and accurately match the timber to a list of various types of species. Participants from Ecuador and Bolivia actively interacted with the San Martin officer demonstrating the process, and are keen to use the same low-cost technology for detection in their countries.\n\nThis highlights not only the value of peer learning and physical interaction, but also that controls and corruption prevention do not need to be expensive.\n\nForest management isn’t only about inspections and controls to prevent illegal logging and trafficking – often it’s about sustainable management of legal trade in rare plant and tree species. At Agro Oriente Viveros, one of Peru’s largest and most modern plant nurseries, participants saw how San Martín carefully and sustainably manages its trade in orchids, for which the region is known.\n\n### Working together for better sustainability initiatives\n\nThis regional meeting not only provided a space to learn about different strategies to address corruption in the forestry sector but also facilitated network building among officials at different levels and from different countries.\n\nOpportunities such as these allow our partners to foster alliances across national boundaries, and lay foundations for a collaborative regional approach that can ultimately be adapted to each country’s specific needs. It is these connections which will ensure the continuity and sustainability of transparent and sustainable forest management practices in the region.\n\n### From regional to global\n\nThe benefits of this collaboration extend beyond the continent. Lessons learned in one region can be adapted to enhance forest management in other contexts. As Juhani Grossmann, Head of our Green Corruption programme, explains:\n\n> Globally, one of the biggest challenges is that the anti-corruption tools available to governments are rarely or insufficiently used in the environmental sector. Our Green Corruption programme has been able to work with partners in Bolivia, Ecuador and Peru to extend and strengthen existing anti-corruption tools for use by government forestry agencies.\n> \n> We are very grateful for the opportunity to work with our partners and learn more together about how anti-corruption tools can benefit biodiversity and conservation efforts. These are the lessons that we can share and use in other parts of the world.\n\nJuhani Grossmann was among the senior Basel Institute staff present at the meeting, together with the Basel Institute’s Head of Latin America Oscar Solórzano and key members of our Green Corruption and Public Finance Management teams.\n\n### Broad participation\n\nThe event welcomed the participation of partner agencies including:\n\n*   Ecuador’s Ministry of Environment, Water and Ecological Transition\n*   Bolivia’s Authority for the Social Control of Forests and Land\n*   Peru’s National Forest and Wildlife Service\n*   The San Martín Regional Environmental Authority and the Cordillera Escalera Regional Conservation Area\n\nAlso in attendance were the head of Peru’s national Public Integrity Secretariat and the Regional Governor of San Martín.\n\nWe also welcomed representatives of the Supervisory Body for Forest Resources and Wildlife, the National Service for State-Protected Natural Areas, Amazon Conservation, the Institutional Integrity Unit of the San Martín Regional Government and the Ucayali Regional Government. Important contributions were made by civil society, including the World Wildlife Fund and the Proética (the Peruvian chapter of Transparency International).","2024-11-10","joining-forces-to-protect-the-amazon-forest-and-its-communities-from-corruption-2717","Joining forces to protect the Amazon forest and its communities from corruption","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fa35af859-c80a-4989-85ea-eec512073711?width=1000&height=650&format=webp&quality=80",[211,212,213],7082,7083,7084,[215],"Green Corruption",[10],[],2717,[215],[],[],[],[21],[225],10508,"2024-11-10T11:01:43.000Z","dfef11db-1bc6-47e9-a61d-93443995484b","2026-05-08T21:11:13.000Z",[],"\u002Fresources\u002Fnews\u002Fjoining-forces-to-protect-the-amazon-forest-and-its-communities-from-corruption-2717",{"id":232,"body":233,"status":6,"type":96,"date":234,"slug":235,"title":236,"image":237,"countries":238,"topic":242,"activity":243,"tags":244,"nid":247,"topics":248,"activities":249,"authors":250,"images":252,"websites":253,"area":19,"programme":19,"language":19,"translations":254,"translation_of":19,"user_created":65,"date_created":255,"user_updated":67,"date_updated":256,"content":257,"link":258},9776,"_Opening remarks and a presentation of key concepts by Oscar Solórzano at the side event “Living up to the spirit of articles 43 and 46 UNCAC” during the eighth session of the Conference of the States Parties to the United Nations Convention against Corruption, Abu Dhabi, 16-20 December 2019._\n\nLadies and gentlemen, let me please welcome you to the side event “Living up to the spirit of articles 43 and 46 UNCAC”.\n\nThe title suggests that the purpose of this session is to achieve the goals of the Convention, and specifically articles 43 on international cooperation and 46 on mutual legal assistance (MLA). To achieve the goals of the Convention, it is of course important that States Parties initiate legislative revisions where domestic legislation is not up to standard.\n\nWe would like to talk about something else, however: using domestic legislation to its full extent, approaching legal challenges presented by asset recovery cases with a mindset of \"Yes we can!\"\n\nWhere possible, law enforcement authorities should do whatever is permitted by their domestic law and practice. This means applying underlying concepts in a constructive manner and - in many settings - changing the way foreign MLA requests are received and executed.   \n\nIn the asset recovery field, for instance, consider the practices of authorities charged with the execution of foreign requests related to non-conviction-based confiscation (NCBC) actions. Of course, confiscation laws may differ between the two countries. But differences in legal systems alone are not grounds to refuse MLA. Why? Because the UNCAC policymakers envisioned this situation and introduced a favourability principle: States should interpret the provisions of the Convention in a manner that is most favourable to international cooperation in judicial matters. In order to live up to the favourability principle of UNCAC, States do not need new laws, but rather to explore solutions in the existing legal framework.\n\nFavourability does not mean \"anything goes\". But countries can learn from their peers, and that is what we are hoping to promote this morning. Certain European countries have acquired expertise in enforcing foreign NCBC requests, while acknowledging differences in domestic laws. To prove this, the panel of experts will showcase recent international asset recovery cases between Switzerland and Peru based on NCBC laws.\n\n*   I will start by providing the conceptual perspective of the cases from my experience as Senior Asset Recovery Specialist at the Basel Institute’s International Centre for Asset Recovery.\n*   I will then invite Hamilton Castro, a Peruvian specialised NCBC prosecutor with whom I have worked closely on several important asset recovery cases, to explain through a case presentation why in some scenarios NCBC is the only viable option to recover illicit assets.\n*   Barbara Kammermann, Legal Officer, Division for Mutual Legal Assistance at the Swiss Federal Office of Justice, will then explain what the challenges in that case were and what legal avenues Switzerland used to enforce the Peruvian NCBC request.\n*   Finally, two distinguished practitioners, Markus Busch, Head of Division at the Federal Ministry of Justice and Consumer Protection in Germany and Muthoni Kimani, Director of the Asset Recovery Office in Kenya, will react and present their thoughts on \"favourable\" approaches to NCBC.\n\nEnforcing non-conviction-based confiscation in Europe: can UNCAC provide the plug adapter?\n------------------------------------------------------------------------------------------\n\nIn cases of mutual legal assistance (MLA) in criminal matters, law enforcement authorities are often confronted with a variety of legal provisions potentially applicable to a case. A norm of a bilateral MLA treaty and a norm in domestic MLA law may address the same issue. Choosing the solution that is more favourable to the assistance required is the reasoning behind the “favourability principle”.\n\nA coherent interpretation of such fundamental principle means that a refusal of MLA should be a measure of last resort.\n\nIn the UNCAC, favourability is deliberately formulated very broadly so as to enable States Parties to provide MLA to “the widest measure”. One such application of the favourability principle is the granting of MLA when a requesting State seeks to recover illicit assets from a requested State through non-conviction-based confiscation (NCBC).\n\n### Objectives of the panel\n\n*   Advocate for an interpretation of favourability that promotes NCBC as a valid basis to recover ill-gotten assets.\n*   Encourage the introduction of the obligation to “sufficiently explain” the decision of the requested State to refuse MLA on the grounds that NCBC is incompatible with its legal framework.\n*   Pledge for a policy dialogue aiming at revising such a rule or practice so as to meet UNCAC’s standard.\n\nThis presentation is divided in three parts:\n\n*   I will take a “back to the roots” approach to confiscation.\n*   I would then like to introduce a discussion of the “supposed affected rights” in NCBC procedures.\n*   Finally, I would like to convey the lessons learned from international asset recovery efforts involving Peru and Switzerland.\n\n### What is confiscation?\n\nDuring the Middle Ages, confiscation was a widely unpopular measure with the general public as it was often applied for malicious purposes. It was only in the context of the trade in illegal drugs that a wider concept of confiscation was reintroduced: in most countries, confiscation is now considered a reparative measure that only seeks to target illicit wealth. Additional punitive effects and deterrence are not commonplace among the vast majority of States Parties.\n\nAccording to UNCAC, confiscation is the permanent deprivation of assets by a competent authority. Simply put, proceeds of crime must be taken away in order to ensure that \"crime does not pay\".\n\nThe reparative nature of confiscation has important consequences for its procedural treatment in many countries. In common law jurisdictions, as well as a rising number of European and Latin American countries, confiscation is treated as a “civil” measure closer to the “unjust enrichment” of civil law than to a sanction imposed by a criminal court. A direct consequence of this interpretation is that safeguards of criminal procedure, such as the presumption of innocence, do not apply as as confiscation is not considered an accusation in criminal matters. For that reason, it can be ordered in just but simplified procedures.\n\nIn its contemporary interpretation, confiscation is not to be considered a pecuniary sanction. It is certainly neither a civil reparation nor a fine. A civil reparation is based on the concept of harm while a fine is an ordinary criminal sanction.\n\nConfiscation, on the other hand, has its basis in the provenance of the funds derived from the crime. It is said that confiscation in its basic form targets the assets that are the “proceeds” of crime.\n\nAs said, most countries in continental Europe share the reparative conception of confiscation. The constant jurisprudence of the European Court of Human Rights (ECHR) assessing the scope of individual European States relating to NCBC is very clear in this regard.\n\n### Extinción de dominio\n\nThe Peruvian NCBC law, _extinción de dominio_ law (roughly translated as the extinction of possession) follows the same reasoning as the one exposed in the ECHR caselaw. It is directed against the asset and has a reparative nature. Its essential aim is to take assets linked to crimes out of circulation in a special proceeding directed against objects. In any event, it is not intended to punish the perpetrator of the crimes.\n\nThe main problem with this point of view is that a pure _in rem_ action - directed against objects - is an alien concept to European civil law countries. This concept, imported from the US legal arsenal, enables the use of a completely different procedure governed by civil standards but granting, however, effective procedural rights to the asset holder in a two-fold judicial process. This is particularly important because one of the main arguments to refuse MLA in NCBC is that it affects fundamental rights.\n\nBut what human rights are we talking about? What rights are violated in NCBC? I think it is a valid question that needs special consideration.\n\n### Fundamental rights in play\n\nThe Peruvian extinción de dominio law grants due process and fundamental rights without restriction. They are in fact fundamental principles of this piece of legislation. The asset holder is granted a large number of procedural rights, including:\n\n*   the right to a fair hearing;\n*   the right to inspect the casefile;\n*   the right to provide evidence;\n*   the right to appeal and to a judicial review;\n*   constitutional courts and international human rights tribunals complete the review possibilities of this action.\n\nThe discussion in Europe and Latin America basically revolves around two fundamental rights: the right to property and the protection of procedural guaranties.\n\n#### Property rights\n\nLatin American States have brought innovative understanding to overcome the difficulties linked to the protection of the right to property: property must have a licit origin to deserve the protection of the State and it must be exercised according to social and public interest as imposed by constitution. The first limitation to property arises therefore from the Constitution itself.\n\nLikewise, property rights are not “absolute” in the sense that they can suffer limitations when confronted with other similar or superior interests. This is the case for instance when the State develops more incisive confiscation rules to protect collective interests, which may have an impact in property rights.\n\n#### Procedural rights\n\nA persistent argument is that NCBC procedures do not grant, in general, the same procedural rights as criminal confiscation. For some, NCBC tools circumvent the defences of the criminal proceedings and therefore limit the fundamental rights of the defence.\n\nIn most cases, indeed, the procedural guaranties are modulated according to the nature of the action: reparative and _in rem_. As NCBC targets assets, it does not include a general presumption that the assets under investigation are licit, as it is the case in proceedings against persons.\n\nIn my view this makes perfectly senses as the asset holder’s freedom is not in play, luckily the ECHR and the majority of constitutional courts follow this idea.\n\n_In_ _dubio pro reo_ (literally “the doubt benefits the offender”) is another of the rights inappropriate in NCBC procedure. The prosecution still supports the burden of proof but if a doubt persists regarding the origin of the asset, it does not benefit the asset holder.\n\nIn practice, the burden of proof is lowered to the civil standard of balance of probabilities, which means that the judge decides on the confiscation when he or she thinks that it is more probable that the assets arise from a crime than that they don’t.\n\n### What lessons were learned?\n\n#### NCBC procedures are better placed to recover illicit assets\n\nSeveral interconnected asset recovery cases in Peru show that NCBC procedures are necessary and adequate in certain scenarios. In these Peruvian cases, the criminals (the beneficial owners of the Swiss accounts) intentionally absconded from Peru upon the initiation of the criminal investigation. As the Peruvian Constitution prohibits _in absentia_ trials, it would have been impossible to confiscate through criminal proceedings as a criminal prosecution cannot take place.\n\nIn such scenarios, it is unacceptable to let the criminals knowingly avoid the criminal accusation and enjoy the benefits of their crimes, simply because of old-fashioned legislation or narrow concepts pertaining to confiscation. Favourability must be applied in the Requested State order to overcome such a legal loophole.\n\n#### Impact on MLA\n\nThe success of Peru in these cases heavily relied on the active involvement and support of Swiss authorities. For the cooperation to succeed, the nature of the investigatory or judicial proceeding in the victim country is highly relevant for Switzerland’s ability to cooperate.\n\nIt is therefore important to find common grounds of understanding between requesting and requested States and to jointly decide what is feasible and what is not in terms of international MLA.\n\nWe believe, the adapter plug, the common language among States, is that confiscation is not punitive but a remedial measure. When States want to use NCBC to punish the perpetrators of crime, it becomes a “penalty” – whereupon criminal safeguards apply without any restrictions. NCBC laws must therefore be limited to assets arising from crimes.\n\nIn this respect, Swiss authorities determined that the Peruvian NCBC law complies with Swiss human rights and public order standards. The Swiss Federal Tribunal and the Federal Criminal Court have both confirmed that Switzerland can cooperate with foreign NCBC investigations and is also capable of enforcing the resulting decisions. \n\nLikewise, the European Court of Human Rights, applicable in Switzerland, has repeatedly confirmed that: \"\\[C\\]ommon European and even universal legal standards can be said to exist which encourage the confiscation of property linked to serious criminal offences such as corruption, money laundering, drug offences and so on, without the prior existence of a criminal conviction\".\n\n#### Ensuring a sound implementation of the specialized asset recovery framework\n\nAsset recovery laws cannot translate into investigations, seizures, confiscations and asset restitutions in the absence of proper specialization and implementation. The extinción de dominio law foresees the progressive implementation of a specialized prosecution and court apparatus, with a nation-wide deployment of 22 courts and 3 courts of appeal devoted to NCBC, each with designated specialized judges, prosecutors and investigative police. The specialization is particularly important as it gives the justice operator, particularly judges, the necessary comprehension and experience to decide on actions which are conceptually disconnected from the criminal trial.","2019-12-19","the-quotfavourabilityquot-principle-uncac039s-plug-adapter-for-enforcement-of-non-conviction-based-confiscation-requests-1046","The \"favourability\" principle - UNCAC's plug adapter for enforcement of non-conviction-based confiscation requests","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fe89af73d-7273-416f-8fb6-ee2c4d123c66?width=1000&height=650&format=webp&quality=80",[239,240,241],7431,7432,7433,[51],[54,119],[245],{"tags_id":246},{"id":123,"name":124},1046,[58],[54,119],[251],1248,[],[21],[],"2022-05-26T22:55:31.000Z","2026-05-29T22:21:54.000Z",[],"\u002Fresources\u002Fnews\u002Fthe-quotfavourabilityquot-principle-uncac039s-plug-adapter-for-enforcement-of-non-conviction-based-confiscation-requests-1046",{"id":260,"body":261,"status":6,"type":43,"date":262,"slug":263,"title":264,"image":265,"countries":266,"topic":267,"activity":268,"tags":271,"nid":272,"topics":273,"activities":274,"authors":275,"images":276,"websites":277,"area":19,"programme":19,"language":19,"translations":278,"translation_of":19,"user_created":65,"date_created":279,"user_updated":67,"date_updated":280,"content":281,"link":282},10479,"At a joint [webinar](https:\u002F\u002Fyoutu.be\u002FXSFqICzBwaA) with the International Academy of Financial Crime Litigators, leading legal experts from around the world explored the debates around the role of victims in negotiated settlements for economic crimes.\n\nThe discussion followed the publication of a [working paper](https:\u002F\u002Fedit.financialcrimelitigators.org\u002Fapi\u002Fassets\u002F45749d95-ea55-4dec-af3e-64f46efcdb39.pdf) by Academy Fellows that looks at procedures for compensating victims in the context of non-conviction criminal case resolutions in six countries: the United States, the United Kingdom, Canada, France, Germany and Switzerland.\n\nIn brief, plea deals, deferred prosecution agreements and other conviction-avoidance mechanisms can result in huge fines being paid to wealthy countries while victims look on – a jarring spectacle. Many ask: What's wrong with the system? What needs to be fixed?\n\nModerated by Jonathan Spicer, the discussion featured Stéphane Bonifassi (France), Prof. Wolfgang Spoerr (Germany), Prof. Karen Woody (USA) and Oscar Solórzano (Switzerland and Latin America). Lincoln Caylor and Elizabeth Ortega made opening and closing remarks.\n\nThough such complex discussions are difficult to summarise, a few points arose that can help to shape debates going forward:\n\n### 1 Who are the victims?\n\nIdentifying the victim in cases involving negotiated settlements, particularly where corruption or bribery is involved, is not as simple as we may think. There may be a wide range of potential victims, from individuals or companies to sovereign states.\n\nSometimes criminal activity may be more defined by the harm that it causes to collective public interests like the environment than to people or corporate entities. \n\n### 2 What is their role and standing in criminal proceedings?\n\nThe role of victims within the criminal process varies between jurisdictions, but there is also a distinct difference of approach between legal traditions.\n\nIn common law jurisdictions, the victim has no standing within the criminal procedure and relies on the prosecutor to seek redress on their behalf.\n\nIn contrast, civil law jurisdictions do allow victims to be parties within criminal proceedings, at least in the trial phase. However, in the pre-trial phase, this typically involves more discretion of the prosecutors. \n\nVictims may not be invited to participate in these situations because they have not been properly identified. It may also be because the involvement of victims in already complex negotiations may stand in the way of obtaining an effective settlement. \n\n### 3 What would improve the situation?\n\nThe present position where victims do not have a seat at the table in negotiated settlement discussions is generating controversy and prosecutors and courts should take greater efforts to bring victims into the process.\n\nHowever, it is also important to recognise that victims retain the rights to bring claims in civil courts where their ability to seek redress may in certain circumstances be better served than in criminal proceedings and negotiated settlements. \n\nMore support for victims in participating in criminal proceedings and\u002For in identifying civil means for seeking redress in economic crime cases would be valuable. This is especially important in cases involving sovereign states, which may face hurdles in terms of legal and investigative skills, resources and the ability to cooperate internationally.\n\n### Learn more\n\n*   Read the paper: [The Role of Victims in Negotiated Settlements](https:\u002F\u002Fedit.financialcrimelitigators.org\u002Fapi\u002Fassets\u002F45749d95-ea55-4dec-af3e-64f46efcdb39.pdf), by Stéphane Bonifassi, Lincoln Caylor, Grégoire Mangeat, Léon H. Moubayed, Jonathan S. Sack, Andrew Stafford KC, Wolfgang Spoerr and Thomas Weibel.\n*   See short [highlights](https:\u002F\u002Fwww.youtube.com\u002Fwatch?v=RejiOaCBdeI&list=PLMigxy20lxLbcmdDuU6mzo7PWlSNRqIID) in this playlist of clips.\n*   Watch the full [webinar recording](https:\u002F\u002Fyoutu.be\u002FXSFqICzBwaA) on YouTube.\n*   Learn more about the [International Academy of Financial Crime Litigators](https:\u002F\u002Ffinancialcrimelitigators.org\u002F), for which the Basel Institute acts as Secretariat.","2024-08-30","probing-the-issue-of-victims-in-negotiated-settlements-for-white-collar-crimes-2672","Probing the issue of victims in negotiated settlements for white-collar crimes","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F803fb90a-fd61-45aa-a703-a9299bdf87d9?width=1000&height=650&format=webp&quality=80",[],[51],[269,53,270],"Events","Partnerships",[],2672,[58],[269,53,270],[],[],[21],[],"2024-08-30T16:01:35.000Z","2026-05-29T22:22:32.000Z",[],"\u002Fresources\u002Fnews\u002Fprobing-the-issue-of-victims-in-negotiated-settlements-for-white-collar-crimes-2672",{"id":284,"body":285,"status":6,"type":96,"date":234,"slug":286,"title":287,"image":288,"countries":289,"topic":290,"activity":291,"tags":292,"nid":295,"topics":296,"activities":297,"authors":298,"images":300,"websites":301,"area":19,"programme":19,"language":19,"translations":302,"translation_of":19,"user_created":65,"date_created":303,"user_updated":67,"date_updated":304,"content":305,"link":306},9777,"The Basel Institute's International Centre for Asset Recovery ([ICAR](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery)) is hosting a side event on \"Living up to the spirit of articles 43 and 46 UNCAC\" at the Conference of the States Parties to the UN Convention Against Corruption ([COSP8](https:\u002F\u002Fwww.unodc.org\u002Funodc\u002Fen\u002Fcorruption\u002FCOSP\u002Fsession8.html)). \n\nUNCAC Articles 43 and 46 deal with international cooperation and mutual legal assistance. How can their principles provide answers to countries that are victims of corruption and seeking to recover assets through non-conviction-based confiscation?\n\nJoin the panel of expert practitioners from Peru, Switzerland, Germany and Kenya on Friday 20 December, 9am–10am, in conference room CR1 of COSP. \n\n### Questions\n\n*   Why is it so difficult for countries that have been victims of large-scale corruption to get international asset confiscation orders enforced?\n*   How can we make it easier for states to afford one another, as Article 46 requires, \"the widest measure of mutual legal assistance\" in asset recovery cases?\n*   What can we learn from successful cases of international cooperation in asset recovery?\n\n### Agenda\n\n*   Oscar Solórzano, Senior Asset Recovery Specialist and Head of Latin America at the Basel Institute, will start by setting out the concepts relevant to NCB confiscation requests in Europe ([see key concepts paper](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2019-12\u002FCOSPO.pdf)).\n*   Hamilton Castro, Specialised Prosecutor in Peru, will explain through a case presentation why in some scenarios NCBC is the only viable option to recover illicit assets.\n*   Barbara Kammermann, Legal Officer, Division for Mutual Legal Assistance at the Swiss Federal Office of Justice, will explain what the challenges in that case were and what legal avenues Switzerland used to enforce the Peruvian NCBC request.\n*   Finally, two distinguished practitioners, Markus Busch, Head of Division at the Federal Ministry of Justice and Consumer Protection in Germany and Muthoni Kimani, Director of the Asset Recovery Office in Kenya, will react and present their thoughts on \"favourable\" approaches to NCBC.\n\n### Background information\n\n*   [Outline of the key concepts](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2019-12\u002FCOSPO.pdf) behind non-conviction-based confiscation and its enforcement in Europe\n*   [Leer esta introducción en español](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2019-12\u002FIntro%20to%20side%20event_COSP_18.12.19%20ES.pdf)\n*   Background notes [in English](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2019-12\u002FCOSP%20concept%20note%20EN_15.12.19.pdf) or [Spanish](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2019-12\u002FCOSP%20concept%20note%20ES%209%20Dec%202019.pdf)","enforcing-non-conviction-based-confiscation-of-assets-in-europe-introducing-the-cosp-panel-discussion-1045","Enforcing non-conviction-based confiscation of assets in Europe: introducing the CoSP panel discussion","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F355ff1d7-131f-454c-acaf-b1a56a7f2171?width=1000&height=650&format=webp&quality=80",[],[51],[269,54,119],[293],{"tags_id":294},{"id":123,"name":124},1045,[58],[269,54,119],[299],1249,[],[21],[],"2022-05-26T22:55:32.000Z","2026-05-29T22:21:55.000Z",[],"\u002Fresources\u002Fnews\u002Fenforcing-non-conviction-based-confiscation-of-assets-in-europe-introducing-the-cosp-panel-discussion-1045",{"left":308,"top":308,"width":309,"height":309,"rotate":308,"vFlip":310,"hFlip":310,"body":311},0,20,false,"\u003Cpath fill=\"currentColor\" fill-rule=\"evenodd\" d=\"M17 10a.75.75 0 0 1-.75.75H5.612l4.158 3.96a.75.75 0 1 1-1.04 1.08l-5.5-5.25a.75.75 0 0 1 0-1.08l5.5-5.25a.75.75 0 1 1 1.04 1.08L5.612 9.25H16.25A.75.75 0 0 1 17 10\" clip-rule=\"evenodd\"\u002F>",1780676418352]