Non conviction based (NCB) forfeiture in developing countries

The Exchange program is undertaking a study which seeks to understand how developing countries go about implementing civil forfeiture in a manner that is consistent with due process and the rule of law, and the challenges they face in doing so.

The project compares experience with civil forfeiture across a number of countries in Asia, Africa and Latin America.

Among other things, the review will help identify

  • what are the relative benefits of different practices and approaches to civil forfeiture;
  • whether 'good practice' stands out; and
  • how rule of law compliant civil forfeiture practices are across different countries.

The project considers both contextual/political dimensions of civil forfeiture (e.g. lack of independence of key institutions, and poor capacity), as well as legal ones. One added value of the study is to consider civil forfeiture practices in countries where the rule of law is sometimes fragile or faces threats and challenges, and where due process protections are not always strong.

Findings are expected to be published in 2018.


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