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Many countries lack the capacity to prepare indictments, collect, preserve and present evidence,
properly adjudicate cases and obtain convictions, as well as trace the proceeds of corruption
and obtain valid freezing and confiscation orders.
2
There is a strong need within the international level to ending the impunity. A multilateral
agreement should be pursued to apply measures in ending the impunity including the denial
of entry, no safe-haven for stolen assets and that measures should be established towards it
including through the application of beneficial ownership mechanism, robust tracking and
freezing system and others.
International mechanism of prosecution of grand corruption; that for those grand corruptors the
violation of international law shall apply. This can be explored through the same mechanism of
International Criminal Court or other Special Courts, the application of universal jurisdiction to
the corruption where its damage to the development so grave and status of criminals as hostis
humani generis (enemy of humankind). At our 6 Global Conference in Yogyakarta, Indonesia,
th
2015, we determined to seek the possibility of this international mechanism through linking
the crime of corruption to the enjoyment of full human rights. We have called the UN to re-
establish their Special Rapporteur on the impact of corruption to the full enjoyment of Human
Rights. This international mechanism aimed to not only criminalize the corrupt, but, to end the
impunity that attached to those corrupts.
To further succeed the recovery of stolen assets, there is a need to apply multiple legal approach:
it will not only include criminal proceeding but also civil proceeding.
We have the momentum to recover the assets. There is a plan for a Global Forum for Asset
Recovery in next year. Supposed this forum is establish it will be an important arena to urge
our Government and law enforcement agencies to work together, with no string attached, to
recover any stolen assets. We have received information that there are at least 22 countries will
introduce new legislation on asset recovery, 14 countries will strengthen their whistleblower
protection mechanism and 11 countries will promote a crime regime to corporate that fail to
prevent crime of tax evasion or other economic crimes. We do hope that more will follow.
GOPAC will continue to work to strengthen the political will, awareness, understanding and
familiarization of the complex issues of asset recovery through capacity building, peer-to-peer
support and others so that parliament through their parliamentarians are willing and able to
provide required frameworks to detect, trace, forfeiture, confiscate, and even lobbying the
international communities to recover assets to those who belong. The support should also
be aimed to strengthen public institutions check and balances capacity to further increase
accountability and transparency.
2 UNODC & The World Bank, StAR initiative: Challenges, Opportunities and Action Plan, The World
Bank, 2007, page 27.
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