Informal Amnesties in Asset Recovery Practices in Tanzania: Examining Criminal Justice Challenges

Abstract

Since the turn of the century, amnesties began to feature in transnational criminal law as a tool to facilitate the recovery of criminal assets. In particular, the provisions of Article 26(3) of the United Nations Convention against Transnational Organized Crime, 2000, and, Article 37(3) of the United Nations Convention against Corruption, 2003 made it possible for States Parties to adopt measures within their legal systems to provide for amnesties to suspects who are ready to cooperate with law enforcement agencies in order to facilitate successfully prosecution of perpetrators of crime and consequently procure the recovery of criminal assets. This paper examines the use of amnesties in Tanzania, particularly, focusing on the 2008 and 2019 amnesties. The paper further investigates the extent to which such amnesties, which are implemented in Tanzania without necessary legislative framework, enhance asset recovery and criminal deterrence. Keywords: amnesty, asset recovery, corruption, criminal deterrence, criminal assets organized crime.