Mechanisms for recovery of property through international cooperation in confiscation

Moreover, such expulsions frequently involved violence and the confiscation of property.

13. The right prohibiting the death penalty, exile and confiscation of property

It was made clear that this would not involve any confiscation of property.

(f) The right to property should also be protected when establishing and implementing measures against terrorist property, particularly involving the freezing and confiscation of assets.

In one of the cases, a request for confiscation of property and vehicles was included as well.

The proposed penalty for persons or groups of persons perpetrating such crimes is imprisonment with confiscation of property.

Imprisonment from 3 to 7 years with or without confiscation of property is foreseen for such a crime.

In Yazd alone there were reportedly more than 150 cases relating to the confiscation of property during 1996.

Problems range from small disputes over property, often between members of an extended family, to multiple ownership titles as well as illegal occupation and confiscation of property by others.

The author contends that those laws, in their effect, confirm the earlier discriminatory confiscation of his father apos s property.

It had also enacted laws stiffening penalties for drug related crimes and providing for confiscation of the property of drug traffickers.

The requests made or received include restraining orders and orders for the confiscation of property or proceeds derived from illicit drug trafficking.

(g) Confiscation , which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority

(g) Confiscation , which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority

The authors state that the transitional Governments of Angola authorized the confiscation of certain property by a decree law of 7 October 1975.

The new Penal Code provided for measures to confiscate the proceeds of crime (art. 55), in addition to the confiscation of property (art.

confiscation.

(c) Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property.

Most representatives indicated that their national systems required final confiscation, obtained on the basis of a judgement, as a precondition for the sharing of proceeds of crime or property and outlined the different means by which confiscation could be obtained.

Executive confiscation.

5.7 The author further points out that the 1991 legislation does not distinguish between nationalization of private property by legislation from confiscation of the property of former political prisoners, such as the author apos s parents.

That occupation caused many deaths and was based on a policy of arbitrary arrests and detentions, forced population displacement, property destruction and confiscation and mobility restrictions.

However, confiscation of private property or failure by a State party to pay compensation for such confiscation could still entail a breach of the Covenant if the relevant act or omission was based on discriminatory grounds, in violation of article 26 of the Covenant.

Confiscation and seizure

Confiscation or forfeiture

4. If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

5. If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

However, a confiscation of private property or the failure of a State party to pay compensation for such confiscation could still entail a breach of the Covenant if the relevant act or omission was based on discriminatory grounds, in violation of article 26 of the Covenant.

(e) Stop its policy of destroying houses and property and the confiscation of large portions of Palestinian land, which affects the territorial integrity of a future Palestinian State

According to the sources, Mr. Turgunaliev was sentenced on 8 January 1997 to 10 years apos rigorous imprisonment in a correctional labour colony and confiscation of his property.

Freezing, seizure and confiscation

A money laundering bill that would provide for the freezing of funds and the confiscation of the property of persons or organizations associated with terrorist activities was in preparation.

8.1 In his comments, the author notes that the State party itself admits that confiscation of residential property under the former regime violated the Covenant, as the nationalization legislation and confiscation orders served the purpose of dispossessing the wealthy and opponents of the regime (see para. 7.4 above).

In addition, a new special system of confiscation had been established in 2001, shifting the burden of proof in part to the defendant and allowing the defendant's property to be confiscated unless he or she proved the lawful origin of the property.

The author refers to the Committee apos s views on communication No. 516 1992,b in which it was held that the appropriate remedy in respect of unlawful confiscation of property may be compensation if the property in question cannot be returned.

The confiscation and demolition of Palestinian property, the arbitrary detentions, the restrictions on freedom of movement and expression and on the right to education were all serious human rights violations.

(ii) Confiscation and provisional measures

Identification, freezing, seizure and confiscation

In their contributions, representatives illustrated in detail how the confiscation of proceeds of crime or property and their disposal were regulated in their respective countries and made reference to specific cases.

The Supreme Court also annulled the decision of the court of first instance ordering the confiscation of Mr. Turgunaliev apos s property and banning him from any post entailing financial responsibilities.

In determining the amount to transfer, the Party holding the confiscated proceeds of crime or property may include any interest and appreciation that has accrued on the confiscated proceeds of crime or property and may deduct reasonable expenses incurred in investigations, prosecution or judicial proceedings leading to the confiscation of the proceeds of crime or property.

International cooperation for purposes of confiscation

Recognizing the need to promote and develop effective mechanisms for the pursuit, freezing, seizure and confiscation of property obtained through or derived from illicit activities, so as to avoid its use by criminals,

Obligatory confiscation of plants and substances seized