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Mutual legal assistance and extradition in corruption cases are critical to gather evidence and bring fugitives to justice. Yet, at present, mechanisms of international cooperation among law enforcement agencies and prosecutorial authorities are often too weak to deter corruption effectively. Corrupt officials still hide and launder bribes and embezzled funds in foreign jurisdictions. Bribers often keep secret slush funds in banks abroad and launder the proceeds of their crimes internationally.
The members of the Anti-Corruption Initiative for Asia-Pacific address the issue head-on. Pursuant to their mid-2006 decision they currently conduct a Thematic Review on Mutual Legal Assistance (MLA), Extradition, and Recovery of Proceeds of Corruption. The purpose of the review is to assess the ability of the members of the Initiative to seek and provide MLA and extradition in corruption cases, including cases involving the proceeds of corruption. This review follows up on a capacity building seminar on the matter that the Initiative had organized in March 2006.
A preliminary report has been published in January 2007 as a first outcome of the review and based on experts’ discussions that took place in November 2006. The report analyzes and presents an overview of the policies, legislation and institutions involved in MLA and extradition in corruption cases in the Initiative’s members, as well as the mechanisms for international cooperation in these areas and their application in practice.
The next round of the review, to be undertaken in the course of 2007, will consist in discussing country specific reports that will support the cross-regional thematic review. It will highlight strengths as well as weaknesses, and will provide policy guidance to address remaining challenges to assist the Initiative’s members in designing policies and procedures to enhance international cooperation in corruption cases.
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