Peru’s first National Convention of Prosecutors Specialised in Extinción de Dominio brought together 80 prosecutors, lawyers, police officers and other justice practitioners to share experiences on the application of Peru’s extinción de dominio law.

Extinción de dominio is a form of non-conviction based forfeiture (NBCF) law common in Latin America. It allows the State to confiscate illicit assets where a criminal conviction is not possible in relation to the specific crime generating those assets.

Oscar Solórzano, Head of Latin America at the Basel Institute on Governance and Senior Asset Recovery Specialist at our International Centre for Asset Recovery, interviewed Dr Hamilton Castro Trigoso, Provincial Prosecutor of the First Provisional Provincial Prosecutor's Office for Extinción de dominio in Lima, on his experiences in investigating and enforcing asset confiscation judgements abroad.

Peru’s non-conviction based confiscation law is a crucial element in the country’s asset recovery toolkit, emphasised the country’s Special General Public Prosecutor, Dr. Daniel Soria Luján, following a three-day training course for 32 Peruvian prosecutors.

The virtual training was focused on Extinción de dominio, the country's non-conviction based confiscation law, whose implementation the Basel Institute is supporting through technical assistance and capacity building.

Twenty-five practitioners from 12 countries gathered online on 29 June for the first virtual meeting of the new Knowledge Community on Asset Recovery in Latin America.

An initiative of the Basel Institute’s International Centre for Asset Recovery, the regional Knowledge Community provides a collaborative space for interaction between leading practitioners in the field of asset recovery and international judicial cooperation in criminal matters.

This case study describes the background, legal strategy and conclusion of a landmark case of non-conviction based confiscation in Peru that has enabled the successful confiscation of around one million dollars linked to terrorist financing.

The case relates to Nelly Marion Evans Risco, a British-Peruvian woman known popularly as “The Nun”. Evans held funds in a bank account in Switzerland that were intended to finance the Shining Path terrorist organisation, whose violent acts in the 1990s were responsible for an estimated 60,000 deaths in Peru.

This speech was given at a preparatory meeting for the UN General Assembly Special Session (UNGASS) against Corruption in 2021.

It deals with non-conviction based confiscation as a method to recover assets stolen through corruption, and how challenges in international cooperation in these cases can and should be overcome.

See Spotlight on non-conviction based confiscation at UNGASS preparatory meeting.