Non-Conviction Based Forfeiture: An Analysis from A Human Rights Perspective

Abstract

Asset recovery in the fight again corruption is a major challenge even for developed countries. The 2014 World Bank report on asset recovery shows that the problem will not improve without strong and breakthrough actions by governments. Accordingly, non-conviction based forfeiture is recently being adopted by more and more countries around the world, considering it is a good international practice. However, non-conviction based forfeiture also creates the potential to lead to serious violations of a number of basic human rights,  including the right to property, if it is not properly defined. This article analyzes and evaluates the appropriateness and feasibility of non-conviction based forfeiture in the context of human rights. According to the authors, although it is not in conflict with human rights, in order to prevent potential abuses leading to human rights violations, national laws need to prescribe strict conditions and procedures for non-conviction based forfeiture, in order to ensure at the same time the harmonization of the two objectives: maximum recovery of corrupt assets and effective protection of the basic human rights of the litigants.

Keywords: Corruption, human rights, right to property, asset recovery, non-conviction based forfeiture, Viet Nam.