The Troubling Shortcomings of International Asset Freezes: The Hunt for Gaddafi's Lost Billions

Although international asset recovery is one of the key anti-corruption commitments under the United Nations Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, a huge gap remains between commitments and implementation. The shortcomings of international asset freezes in the case of Libya, with billions of dollars unaccounted for, confirm this statement. In this article, I identify the major obstacles for recovering stolen assets in the case of Libya and I argue that the international community needs to enhance asset recovery and mutual legal assistance, as well as to explore bold ideas, such as the reversal of the burden of proof as to the illicit origin of the assets.

Reflections on legal deficiences and discordances affecting mutual legal assistance in criminal asset recovery

Most of the legal impediments that appears in front of the criminal assets recovery at the international level are the requirements for mutual legal assistance (MLA); excessive banking secrecy; lack of procedures for non-conviction-based confiscation; and excessively difficult procedural and evidentiary laws. Removing legal impediments is obviously essential. Absent a clear and sound legal framework, asset recovery becomes, in a best-case scenario, arduous and, in a worst-case scenario, impossible. Thus, the analysis of the reports of the practitioners in the field at international level, can offer us solutions, which will raise the state to another level. The long process of asset recovery and the low level of cooperation is the best evidence of the shortcomings that stagnate the process of recovering criminal assets.

Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

Problems Related to the Practical Implementation of the Treaty of Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and People’s Republic of China

The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.

EFEKTIFITAS EKSTRADISI DALAM PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA

Persoalan dan tantangan dalam penegakam hukum tindak pidana korupsi di Indonesia adalah dengan semakin meningkatnya presentase kejahatan tersebut. Dengan perkembangan zaman dan kemudahan dalam berpindah antar negara pelaku tindak pidana korupsi baik yang berstatus tersangka, terdakwa ataupun terpidana sering kali memilih untuk melarikan diri keluar negeri beserta asset-aset hasil korupsi yang dimilikinya. Oleh karena itu dalam rangka penegakan hukum bagi pelaku dengan cara memulangkannya agar dapat diadili dengan hukum Indonesia maka aparat penegak hukum perlu menggunakan mekanisme Ekstradisi, sedangkan untuk mengembalikan asset-aset hasil dari korupsi maka menggunakan mekanisme Timbal Balik dalam Masalah Pidana atau yang biasa dikenal dengan istilah Mutual Legal Assistance in Criminal Matters (MLA). Mekanisme-mekanisme tersebut menjadi sangat penting karena bagaimanapun dalam prinsip hukum internasional setiap negara memiliki kedaulatan atas wilayahnya, sehingga jika ingin masuk didalamnya dalam rangka pengekan hukum maka melalui mekanisme tersebut menjadi pilihan yang tepat. Penulisan ini menggunakan metode penelitian hukum normatif, karena penulis tidak melakukan studi lapangan.

Landasan Yuridis Tentang Pengesahan Perjanjian Mutual Legal Assistance antara Republik Indonesia dengan Konfederasi Swiss

The intensity of criminal acts committed across countries, with crimes and modus operandi that are difficult to identify. This raises problems that require juridical countermeasures by engaging in intense cooperation between countries. The study has the goal of (1) tu find out and exlain the legal basis behind the reciprocated legal aid in criminal problems between Indonesia - Swiss, and (2) to study about a form of Mutual Legal Assitance between Republic of Indonesia with Confederacy of Swiss. The method of research used was normative juridical research, known in law science as normative law research. The legal material in this study is primary material and secondary material. The analysis technique used is a descriptive method of describing an event that was thoroughly studied and providing legal arguments on the subject. Under law about International treaties, it is a regulation that provides a legal basis for Indonesian governments in requesting or providing mutual legal assistance in criminal matters.(under article 2 of act about mutual legal assistance) the agreement between Indonesia with Swiss is explained in article 2 of treaty on mutual legal assistance in criminal matters between the republic of Indonesia and the Swiss confederation.

U.S. Arrest of Former Mexican Defense Minister on Drug Charges Poses Challenges for Future Counter-Narcotics Cooperation

In October 2020, the United States arrested former Mexican Defense Secretary General Salvador Cienfuegos Zepeda on drug conspiracy charges, accusing him of accepting bribes to aid a Mexican cartel in evading law enforcement and transporting drugs into the United States. Cienfuegos's arrest sparked diplomatic protests from Mexico, which negotiated to gain Cienfuegos's release before exonerating him and publicizing the U.S. investigation file in what the United States called a breach of the countries’ mutual legal assistance treaty. The incident also prompted Mexico to pass a new law curtailing cooperation with foreign agents and potentially imperiling the long-standing U.S.-Mexico alliance in the fight against cross-border drug trafficking.

BANTUAN HUKUM TIMBAL BALIK DALAM TINDAK PIDANA NARKOTIKA

<p><em>Ilicit Traffic in Narcotic Drugs is carried out by international networks operating in several countries. Ilicit traffic in narcotic drugs results in huge financial and wealth gains that enable transnational crime organizations to penetrate, pollute and undermine the structure of government, legitimate commercial and financial business, and society at all levels. In dealing with this situation, Indonesia harmonizes the law through mutual legal assistance arrangements. In this study two issues will be discussed namely legal reform through mutual legal assistance and mutual legal assistance in narcotics crimes.</em></p><p><em>Legal reform is a policy carried out by a country to deal with the situation that occurs in the country. The development of transnational crime was responded by the state through a policy of mutual legal assistance as outlined in the Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. Cooperation between countries in the process of law enforcement needs to be done to tackle the crime of trafficking in narcotics. Ilicit traffic in narcotic drugs is carried out by involving several countries. Reciprocal legal assistance in narcotics crimes can be implemented in three ways, namely diplomatic channels, through central authorities and through direct cooperation between law enforcement agencies.</em></p><p><strong>Keywords</strong>: <em>Mutual legal assistance, Ilicit Traffic, Narcotic Drugs</em></p>