2023-04-29 02:50:52
According to the figures communicated by the boss of the ARAI yesterday, nearly six billion ariary, presumed to be ill-gotten, have been seized. Added to this are one hundred and eighty-two vehicles.
A first step. In front of the press, yesterday, Aimé Rasoloharimanana, Director General of the Agency for the Recovery of Illicit Assets (ARAI), gave some figures on the “provisional” results of the mission of this entity. The ARAI has seized 5 billion 720 million ariary so far. Money presumed to be ill-gotten, distributed in bank accounts that have been the subject of decisions to freeze or seize from the anti-corruption centers (PAC), Antananarivo and Mahajanga. The only two special anti-corruption jurisdictions in place so far. Aimé Rasoloharimanana explains however that this is a provisional figure. The reason is that reports of seized accounts are still expected from some banks.
In a report published at the beginning of the month, the ARAI speaks of four hundred and twenty frozen bank accounts. Besides the money, vehicles, one hundred and eighty-two in all, are also seized. A number up slightly from the one hundred and seventy-five indicated at the beginning of the month. Nineteen of them are currently parked in one of the Agency’s conservation sites. The latter must still work to collect the other cars subject to a seizure decision by the PAC. The ARAI complements the anti-corruption bodies provided for in the strategy for the fight once morest corruption and related crimes. A strategy established in legal provisions by the law on corruption which dates from 2016. After the appointment of its managing director, in May 2022, it has been operational since the beginning of the year. According to the 2019 ordinance, which establishes it, it is responsible, among other things, for enforcing orders to freeze, seize or confiscate illicit assets.
It also ensures their conservation and management before their confiscation. This ordinance also defines illicit assets as “property and benefits of any kind derived from the misappropriation of public property and funds, corruption offences, money laundering and/or terrorist financing”. The seizure of these ill-gotten gains is only the first step in the ARAI’s duties. The purpose of the Agency’s actions is the confiscation of illicit assets, by court order. This with a view to reinjecting them into the coffers of the State.
Reforms
Besides custodial sentences, confiscation of ill-gotten gains is supposed to be the main deterrent once morest corruption and related crimes. The other important point is also that illicit assets will be returned to the state. To some extent, this is also ARAI’s raison d’être. As Sahondra Rabenarivo, president of the Committee for the Safeguarding of Integrity (CSI), points out, “the ARAI has only made seizures so far. There is no confiscation yet”. This situation is explained by the fact that almost all of the decisions of the Criminal Court of the PAC are subject to appeal in cassation. “We must wait for the outcome of the appeals before proceeding with the confiscations. However, when the cases arrive before the Court of Cassation, their treatment drags on”, regretted the boss of the CSI during the presentation of the annual report of this entity, in Antaninarenina, on April 20. Sahondra Rabenarivo also took advantage of this opportunity to emphasize that it is necessary to carry out legislative reforms in order to boost the performance of ARAI. The example of a law allowing “an patrimonial investigation”, in parallel to the preliminary investigations carried out by the Independent Anti-Corruption Office (BIANCO), or the Financial Intelligence Service (SAMIFIN), was raised. A way to short-circuit attempts to conceal property along the way.
Concealing assets presumed to be ill-gotten, with nominees, or through fictitious assignments, is precisely a specialty of those implicated in cases of corruption or related offences. This also complicates the mission of the ARAI. A property investigation at the start of a case will also avoid the search for seizure of movable property such as cars, mentioned above. Yesterday, Aimé Rasoloharimanana, too, spoke of the need to update the texts in force. According to the boss of the ARAI, an update is necessary. Firstly for better coordination of the actors having the prerogative to carry out seizures. But also, in order to comply with international texts ratified by Madagascar. One of the Agency’s challenges, according to its Director General, is to proceed with the recovery of illicit assets exported outside the national territory.
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