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

Abstract

Since the turn of the century, amnesties began to featurein transnational criminal law as a tool to facilitate therecovery of criminal assets. In particular, the provisionsof Article 26(3) of the United Nations Convention againstTransnational Organized Crime, 2000, and, Article 37(3)of the United Nations Convention against Corruption,2003 made it possible for States Parties to adoptmeasures within their legal systems to provide foramnesties to suspects who are ready to cooperate withlaw enforcement agencies in order to facilitate successfulprosecution of perpetrators of crime and consequentlyprocure the recovery of criminal assets. This paperexamines the use of amnesties in Tanzania, particularly,focusing on the 2008 and 2019 amnesties. The paperfurther investigates the extent to which such amnesties,which are implemented in Tanzania without necessarylegislative framework, enhance asset recovery andcriminal deterrence.Key words: amnesty, asset recovery, corruption, criminaldeterrence, criminal assets organized crime.