HUMAN RIGHTS

UK government adopted the “Compensation Principles”

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The arti­cle states “In 2018, the UK gov­ern­ment adopt­ed the “Compensation Principles”, which require law enforce­ment agen­cies, includ­ing the SFO, to iden­ti­fy over­seas vic­tims in all rel­e­vant cor­rup­tion cas­es and to seek com­pen­sa­tion for them using what­ev­er legal mech­a­nisms are avail­able.” The “Compensation Principles” explain very clear­ly what their duties are:

General Principles to com­pen­sate over­seas vic­tims (includ­ing affect­ed
States) in bribery, cor­rup­tion and eco­nom­ic crime cas­es
Through appli­ca­tion of the General Principles we aim to ensure that over­seas vic­tims
of bribery, cor­rup­tion and eco­nom­ic crime, are able to ben­e­fit from asset recov­ery
pro­ceed­ings and com­pen­sa­tion orders made in England and Wales. Such vic­tims
could include affect­ed states, organ­i­sa­tions and indi­vid­u­als.
The General Principles are as fol­lows:

  1. The Serious Fraud Office (SFO), the Crown Prosecution Service (CPS) and
    the National Crime Agency (NCA), here­after referred to as “the Departments”
    will con­sid­er the ques­tion of com­pen­sa­tion in all rel­e­vant cas­es.
  2. If com­pen­sa­tion is appro­pri­ate, the Departments will use what­ev­er legal
    mech­a­nisms are avail­able to secure it. These include:
    a) In cas­es resolved by pros­e­cu­tion, the CPS and the SFO seek­ing
    reme­dies avail­able under:
    i. The Proceeds of Crime Act 2002 for con­fis­ca­tion and
    ii. The Powers of Criminal Courts (Sentencing) Act 2000 for
    com­pen­sa­tion.
    b) In cas­es result­ing in a Deferred Prosecution Agreement (DPA), the SFO
    and the CPS seek­ing com­pen­sa­tion as part of the terms.
    c) In cas­es dis­posed of civil­ly, the Departments seek­ing to return funds to
    vic­tims where appro­pri­ate.
  3. The Departments will work col­lab­o­ra­tive­ly with the Department for
    International Department (DFID), Foreign and Commonwealth Office (FCO),
    Home Office (HO) and HM Treasury (HMT) in rel­e­vant cas­es to:
    • Identify who should be regard­ed as poten­tial vic­tims over­seas. This may
    be in the form of an affect­ed state.
    • Assess the case for com­pen­sa­tion.
    • Obtain evi­dence which may include state­ments in sup­port of
    com­pen­sa­tion claims.
    • Ensure the process for the pay­ment of com­pen­sa­tion is trans­par­ent,
    account­able and fair.
    • Identify a suit­able means by which com­pen­sa­tion can be paid to avoid
    the risk of fur­ther cor­rup­tion.
  4. The Departments will devel­op and make avail­able on their web­sites,
    guid­ance on the imple­men­ta­tion of these General Principles.
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  5. Where pos­si­ble, the Departments will engage proac­tive­ly with the rel­e­vant
    law enforce­ment or gov­ern­ment offi­cials in affect­ed states.
  6. The Departments will pub­lish infor­ma­tion on con­clud­ed cas­es.



https://www.cps.gov.uk/sites/default/files/documents/publications/General-Principles-to-compensate-overseas-victims-December-2017.pdf

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