Human Rights, Due Process and Proportionality in Asset Seizure and Forfeiture

Course overview

Asset forfeiture interferes with property rights, privacy and sometimes the presumption of innocence. Courts in the region increasingly test whether recovery action is lawful, necessary and proportionate, and cases that ignore these questions are overturned. This human rights in asset forfeiture course helps practitioners build rights compliance into their work from the start.

Participants study the constitutional and international human rights standards that apply to seizure and forfeiture, including the right to property, fair trial guarantees, privacy, and the rights of third parties and vulnerable dependants. They learn to apply proportionality analysis to search, restraint and forfeiture decisions, to meet due process requirements such as notice, access to legal representation and timely hearings, and to manage seized property in a way that respects owners' rights. Case law from African and international courts is used throughout, along with exercises in which participants review real-style decisions for compliance.

Participants leave able to make and defend recovery decisions that respect rights and withstand legal challenge.

What you will be able to do

• Explain the human rights standards that apply to seizure and forfeiture
• Apply proportionality analysis to search, restraint and forfeiture decisions
• Meet due process requirements throughout the recovery process
• Protect the rights of third parties and dependants
• Manage seized property in a manner that respects owners' rights
• Review recovery decisions for rights compliance

Who should attend

For investigators, prosecutors, asset managers and oversight officers whose decisions affect property and procedural rights in recovery cases.

• Prosecutors and state counsel
• Asset recovery investigators
• Asset management office staff
• Judicial officers
• Human rights commission officers
• Legal advisers
• Internal oversight and complaints officers

Course outline

Fees are per participant in US dollars and cover tuition, course materials and your certificate. Travel and accommodation are not included.