draining development.pdf - Khazar University

452 Draining Development?28. The writers’ firm was not involved in this matter, but it has made an importantcontribution to the jurisprudence in this field. The fullest account of the facts iscontained in the judgment reported at [2007] EWHC 952 (Ch).29. The content of this and other correspondence was disclosed in affidavits swornto in the proceedings.30. The BBC reported that few could remember ever seeing Chiluba in the sameshirt or suit twice; this in a country where millions barely scrape a living (courtjudgment, 19).31. Ultimately, they were not found liable.32. The solicitors were found liable for dishonest assistance at first instance. However,the finding was overturned on appeal on the grounds that they were notdishonest, merely foolish and incompetent Attorney General of Zambia v. MeerCase & Desai (A Firm) [2008] EWCA Civ 1007.33. See the report published by Global Witness (2010) that details, among otherissues, the failure to learn lessons from U.K. bank deposits in the Abacha case, asdemonstrated by the deposits made in the Alamieyeseigha case and the continuedfailure of the authorities to prosecute the banks involved.34. Professor Pieth set up the International Centre for Asset Recovery at the BaselInstitute on Governance, heads the OECD Working Group on Bribery in InternationalBusiness Transactions, and was a member of the panel that investigatedthe Iraq oil-for-food scandal.35. “ ‘Duvalier Law’ Enters into Force: The New Swiss Law on Returning Illicit DictatorFunds Has Come into Force, Providing a New Framework for the Restitutionof Assets to Failed States,” swissinfo.ch (February 1, 2011), http://www.swissinfo.ch/eng/politics/Duvalier_Law_enters_into_force.html?cid=29395684.36. Transparency International and a fellow nongovernmental organization, Sherpa,brought proceedings in Paris. The case called for the French authorities to investigatehow a large amount of expensive real estate and other assets was acquiredin France by three African presidents: Denis Sassou N’Guesso (the Republic ofthe Congo), Omar Bongo-Ondimba (Gabon), and Teodoro Obiang Mbasogo(Equatorial Guinea), their families, and close associates. It was dismissed at firstinstance for lack of jurisdiction, but, in November 2010, the Cour de Cassationoverturned that decision and ordered that files be opened by investigatingjudges. For background, see Transparency International–France, “CorruptionCase Filed by Transparency International France and a Gabonese Citizen RuledPartially Admissible: First Step towards the Recognition of the Rights of Victimsof Corruption,” May 5, 2009, Transparency International, Paris, http://www.transparency.org/news_room/latest_news/press_releases_nc/2009/2009_05_06_france_case.37. The effectiveness of the review process is itself kept under review by variousnongovernmental organizations, including Global Witness and TransparencyInternational. The relevant statements and reports of these organizations on thereview process as applied to individual states were included in the documenta-