TIB's Fact Finding Report (BAC) andWorking Paper
(IACC) - press coverage 2
Make the anti-corruption body independent soon
TIB report deserves serious consideration
The Daily Star, 4 January 2002
The
work of Anti-corruption Bureau which functions under the supervision
of the Prime Minister's Office is coming under increasing scrutiny.
And why not? For one thing, successive governments have utilised
it to rake up a plethora of corruption cases against one another
without bringing these to any logical conclusion. For the other,
interest in the politically high profile cases has been disproportionately
larger than that in pure and simple corruption related complaints
that far outnumber the former variety. On balance therefore, a
vast majority of corruption complaints go unheeded. Such a scenario
naturally raises a number of questions about the bureau's performance.
Findings of a survey put together in a report recently released
by Transparency International, Bangladesh (TIB) portray a dismal
picture of the anti-corruption bureau's track-record. The average
rate of 'settlement' of complaints is 41 per cent and that of
pending ones 59 per cent. Only four per cent of the accused are
convicted, 5.2 per cent acquitted and the remainder 90.8 per cent
of cases hang fire for years together. Many cases are ruined through
transfer of investigating officers, lack of witnesses and evidence,
administrative interruptions and political or VIP influence-peddling.
Admittedly, while the BAC has to do the bidding of the government
of the day and to that extent its neutrality is open to question,
the bureau has had professional weaknesses of its own that should
not be overlooked either. Much of its operational ineffectiveness
stems from poor planning, negligence of officers at the inquiry
and investigation stages which culminate in weak charge-sheeting
and flawed prosecution. As it is, reputed lawyers are not always
found for prosecution purposes.
There is no denying the need for imparting specialised legal training
to BAC officials in a order that the cases they put up are fool-proof
in legalistic terms.
Unsurprisingly, delay in obtaining permission from higher authority
caused deadlock in 77 per cent of the corruption cases while apparently
permission to start cases against ministers and MPs of outgoing
governments, both in the past and contemporaneously, came in a
jiffy, so to speak. Whatever the rapidity in the issuance of green
signals to the BAC for starting such proceedings, 151 cases against
VIPs, including ministers, MPs and high government officials,
have been pending for eight years.
All these make out a very strong case for an independent anti-corruption
commission as part and parcel of a transparent and accountable
democratic system. The fact that we have not had it so far is
baffling, to say the least. The USA and India have it and that
makes a whole lot of difference in the way they handle their corruption
cases compared with how we have been doing. We tend to forget
that mishandled or miscarried cases have a way of perpetuating
corruption.
We have seen how at the national level a change of guard is invariably
followed an expression of resolve to clean up the old mess, end
corruption, so on and so forth. Important decisions will also
be taken initially in this behalf but somewhere down the line
the incumbent will beat a retreat. Our hope is that the BNP will
not flinch from the commitments it has made to the nation which
they are also in the best position to implement because of the
electoral mandate they enjoy. BNP having adopted an anti-corruption
plank in its election manifesto, is obligated to live up to it.
In order to rise to the occasion it has to avoid treading the
beaten track of ticking off its important pledges towards the
end of its tenure and feigning that these have been implemented
after all. As for constituting an independent anti-corruption
commission this approach cannot do.
Such a commission will have to be set up with sufficient time
in hand so that it is properly nurtured, developed and matured
to be able to handle its writ effectively. Just flagging it off
won't do; BNB has to make sure the proposed independent anti-corruption
body has acquired an institutional shape within its term of office.
Editorial
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