Non-Conviction based forfeiture and the Rule of Law
Non-Conviction based (civil) asset forfeiture mechanisms (NCB) is tool that some states have put in place to tackle the proceeds and instrumentalities of crime. While Article 54(1)(c) of the United Nations Convention Against Corruption (UNCAC) encourages member states to allow confiscation without criminal conviction, NCB attracts considerable criticism as it arguably clashes with human rights and due process protections.
This project, which ran from 2018 to early 2019, explored how various developing country jurisdictions use NCB mechanisms in a way that is compliant with due process and the rule of law by putting in place various safeguards.
Subject to receiving funding, a next phase of the project will seek to establish a quantitative baseline of how often NCB is used as a mechanism to tackle corruption, and with what result.
The key outputs and publications related to this project can be found here:
