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 successful
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.

Key words: amnesty, asset recovery, corruption, criminal
deterrence, criminal assets organized crime.