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Commissioned Studies

Enhancing the investigation capacities of the Romanian authorities to confiscate and recover proceeds of crime

The Basel Institute has been working with the Ministry of Justice of Romania in a two-component project seeking to enhance the capacity of the Romanian authorities to recover the proceeds of crime. The project is being implemented by the Asset Recovery Office (ARO) of the Ministry of Justice in collaboration with the International Centre for Asset Recovery (ICAR) of the Basel Institute. Funding of the project has been provided by the Swiss-Romanian Co-operation Programme.

The report refers to the external audit of the of the Romanian ARO and asset recovery system conducted by the ICAR, and assesses the legal and institutional framework of the Romanian asset recovery model, together with recommendations to improve its effectiveness.

Final Report

Technical Assistance on Anti-Corruption to the Government of Mozambique

The Basel Institute conducted an analysis of the capacities available within the Government of Mozambique to enforce the anti-corruption legislative package, which had been partially approved by the Mozambican Parliament. The anti-corruption package contained legislation on whistleblower and witness protection, a code of conduct and conflict of interest regulation (entitled the Law on Public Probity), among others.

The report, drafted in Portuguese, contains a review of the Mozambican system for preventing and combating corruption. The report breaks down the Mozambican anti-corruption system into its four main components (administrative, budgetary, intelligence and criminal) in order to assess their interactions with a view to proposing better integration and interaction amongst them. The report also reviews the Mozambican money laundering, mutual legal assistance and asset recovery systems, as these are instrumental for the combating of corruption.

The report further contains a technical assistance plan for Mozambique, a logical frame and terms of reference for the proposed areas of technical assistance to the country.

Final Report

Governance Assessment of the Public Sector Drug Management System: Uganda

The Basel Institute on Governance was commissioned by the Swedish Embassy in Kampala, Uganda to conduct an assessment of corruption risks in the Ugandan public sector drug supply chain during May 2011. The study employed the “power and influence” approach to assess governance weaknesses developed by the Institute research team in the frame of the interdisciplinary SNF project “the Governance of Health Systems.” The findings of the study helped underscore how informal mechanisms of political legitimation can weaken the effects of formal governance provisions. The results of the study were shared with the Uganda Development Partners’ Working Group on Health.

Final Report

Study on anti-corruption architecture of the Republic of South Africa

The Basel Institute on Governance participated in several workshops between 8 and 9 October 2012 with key stakeholders of the South African anti-corruption system (Asset Forfeiture Unit of the National Prosecuting Authority, Special Investigating Unit, Department of Public Service Administration, South African Revenue Services, National Treasury, Directorate for Priority Crimes Investigations of the South African Police Services) at a special session hosted by the Anti-Corruption Task Team (ACTT).

The purpose of these workshops was to present the findings and recommendations of the report produced by the Legal and Case Consultancy Team of the Institute with regards to the South African anti-corruption architecture. The study had been commissioned by GIZ South Africa, with the purpose of providing, among others, an overview of the requirements for the anti-corruption architecture of South Africa and elaborating on the international discourse on the concept of independence of anti-corruption bodies. The study further provided a comparable case studies with five different jurisdictions.

During these two days in Pretoria, South Africa, the Legal and Case Consultancy team also had the opportunity to meet with prosecutors and financial investigators to discuss, at an operational level, the asset recovery process in the country. Finally, the Legal and Case Consultancy Team also had the opportunity to meet with the Executive Committee of the Special Investigating Unit to further discuss in detail the findings and recommendations of the report, with a view to assisting the South African Authorities in establishing a cohesive anti-corruption strategy for the country.

South Africa Anti-Corruption Architecture

Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique

An expert from the International Centre for Asset Recovery, a part of the Basel Institute on Governance, visited Mozambique between 10-14 October with a view to conduct an on-site assessment of the anti-corruption legislative package that had been proposed by the Council of Ministers to the Assembly of the Republic. The project, jointly financed by USAID and DfID, sought to assess the impact of the package in the Mozambican legal system, as well as to benchmark it with the international and regional standards on preventing and combating corruption.

The anti-corruption package contained legislation on whisteblower and witness protection, a code of conduct and conflict of interest regulation, among others. In order to gain a full understanding of the processes and impact of the proposed legislation, the expert from the Institute met with different stakeholders from the Mozambican government from the Judiciary and the Executive branches, as well as with civil society actors and the team responsible for drafting the proposed anti-corruption package.

Legal analysis, Findings

Análise Jurídica, Conclusões

European Parliament study on the social use of confiscated assets

The note evaluates the current legislation on the asset recovery process both at the EU and Member States level, with a view to assessing the need and the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes. It points out that at the EU level only limited attention has been given to the final destination of confiscated assets and that within Member States using confiscated assets for social purposes is not a widely established practice. It analyses the advantages of the social re-use of confiscated assets and comes to the conclusion that there is a clear need for a coherent European approach. The note puts forward a series of recommendations ranging from the adoption of a European Directive on the social re-use of confiscated assets to the creation of a European Asset Recovery Database, a European Asset Recovery Fund and a European Asset Recovery Office.

See full report

2011 Global Integrity report on Germany, April 2012

The Basel Institute on Governance was commissioned to analyse data and compile the 2011 Global Integrity report on Germany, which can be accessed on the Global Integrity website.

Global Integrity Report: Germany - 2011

UNCAC: A Bangladesh Compliance and Gap Analysis

The Government of the People’s Republic of Bangladesh (January 2008). Study funded by the GTZ and conducted jointly by the Government of the People's Republic of Bangladesh and the Institute for Governance Studies of BRAC University Bangladesh, with the assistance of the Basel Institute on Governance. Download part 1 (Introduction and Prevention), part 3 (criminalisation/law enforcement and international cooperation), and part 5 (asset recovery and conclusions). Also, download the project factsheet drafted by GtZ.

Corruption - A Glossary of International Criminal Standards

Various contributions, with other authors, to this glossary on international criminal standards, published by the OECD in 2007.

The international dimensions of judicial accountability

by Zora Ledergerber, Gretta Fenner, Mark Pieth, in: Global Corruption Report 2007: Corruption in Judicial Systems, Cambridge University Press/Transparency International, 2007.