Supreme Judge Manuel Luján Túpez, coordinator of the National Asset Forfeiture Subsystem, indicated that Peru has inserted itself into the international community by fulfilling the mandate of three international conventions that require the adoption of the asset forfeiture model: the Vienna Convention of 1988, the Palermo Convention of 2000 and the Mérida Convention of 2003.
The Judiciary, through the National Asset Forfeiture Subsystem, revealed that from 2019 to March of this year, US$93.5 million in money and assets obtained from illicit activities by criminal organizations were recovered for the Peruvian State.
Supreme Judge Manuel Luján Túpez, coordinator of the National Asset Forfeiture Subsystem, specified that for assets to be extinguished (confiscated) it is not enough that they are illegal, but that they also generate illicit profits or are linked to organized crime.
He also added that the amount achieved will be allocated to social good works. “It is a very representative amount in assets and value, it has been passed to the State to be used for social good works, construction of roads and bridges, schools and hospitals.”
The magistrate, Luján Túpez, said that the asset forfeiture model exists throughout the world. “In Latin America it is called asset forfeiture, in other countries it is called ‘confiscation without conviction,’” he said.
“What a domain forfeiture judge does is evaluate article 70 of the Constitution, which says that property is inviolable, the State guarantees it, it is exercised in harmony with the common good and within the limits of the law; (judges) are in charge of determining whether the assets have been acquired, or are held, within the law or in harmony with the common good,” he asserted.
ACHIEVEMENTS
As is known, Peru has inserted itself into the international community by fulfilling the mandate of three international conventions that require the adoption of the domain extinction model: the Vienna Convention of 1988, the Palermo Convention of 2000 and the Mérida Convention of 2003.
“The second achievement is that we have a very agile oral system, this process on average takes a year until the final sentence is obtained. As it is an oral process, it is very fast. This achievement has turned the Peruvian model into a world reference,” added the magistrate.
He added that another achievement achieved is the level of efficiency in the number of sentences. Only considering Latin American countries that have the oral model of domain forfeiture, Peru is in first place with 1,089, followed by Guatemala with 825, and El Salvador in third place with 478 sentences.
However, he maintained that the maximum achievement obtained by Peruvian justice in asset forfeiture is efficiency, not only in quantity but also in quality of sentences, measured through a system created by the Royal Statistical Society of Oxford (Great Britain). .
“Peru has only 5.55% of sentences revoked, that is, their initial extinction has been modified; This qualifies us within an ‘outstanding’ standard, because it means that all the actors in the System are doing a very efficient job,” he said.
On the other hand, Luján Túpez reported that our country is part of the Financial Action Task Force (FATF), one of whose obligations establishes that States have an efficient model of asset forfeiture or “confiscation without conviction.”
He added that, in October 2023, the FATF met in Paris (France), and established an international standard on asset forfeiture or ‘confiscation without conviction’ that requires member countries to adopt a model as prevails in the Republic of Ireland, Luxembourg, Belgium, Finland, Singapore and Peru. “That is, our country is a world reference,” he expressed.
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– 2024-04-22 10:42:48
